ATENEO

CENTRAL
BAR OPERATIONS 2019

JORGE ALFONSO C. MELO

Bar Review Coordinator

LEILA S. LIM
Bar Review Secretariat

ATENEO CENTRAL BAR OPERATIONS

PATRICK EDWARD BALISONG
Chairman

KATRINA Y. COSCOLLUELA JONATHAN VICTOR NOEL CZARINA CHER CUERPO

GENICA THERESE ENDALUZ JOHN STEPHEN PANGILINAN BENIGNO ENCISO
Administration Committee Heads Academics Committee Heads Hotel Operations Committee Heads

ATTY. DIANNA LOUISE DELA GUERRA

ATTY. RAMON ERENETA
ATTY. ALBERTO AGRA
POLITICAL LAW Faculty Advisers

JAN DOMINIC CASTRO

PAUL RICO TAN
ALYANNA MARIE MANALANG
CZARINA MICHAELLA PLEYTO
MARION IYA MERILLES
POLITICAL LAW Subject Heads

EUNICE A. MALAY()
FRANCES CHRISTINE F. SAYSON
Central Bar Operations
I Academics Understudies

GIA MORDENO
STEPHEN ESPIRITU FELEO QUIJANO
MARK VERGARA
SELINA MIRANDA JOHN CARILLO
HIDEYUKI SATO
VEYA JOSEF ANTOINETTE DUQUE
MARJOLAINE DE CASTRO
PRAM MENGHRAJANI HAZEL SEGOVIA
JASON DIZON
GE-AN SALUD NICO CALDOZO
POLITICAL LAW Volunteers
ATENEO CENTRAL
BAR OPERATIONS 2019 POLITICAL LAW

THE PHILIPPINE CONSTITUTION

PRELIMINARIES
A. Political Law
1. Subjects covered by political law
2. Constitutional Law
B. Constitution: Definition, Nature and Concepts
1. Classes of Constitution 2
2. Basic Principles of Constitutional Construction 2
1
3. Doctrine of Corrtitutional Supremacy 2
4. Parts of the Constitution 2
5. Preamble 2
C. Self-Executing and Non-Self-Executing Provisions 2
I. General Rule and Exceptions 2
D. General Provisions 3
1. Symbols of Nationality 3
2. The Armed Forces of the Philippines 3
3. The Police Force 3
4. Consumer Protections 3
5. Mass Media and Advertising 3
E. Forms of Government
I. Government 3
2. Administration 3
3. Types of De Facto Government 4
4. Legislature 4
5. Executive 4

I. PlIELIMINARY PROVISION AND BASIC CONCEPTS

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. National Territory 5
B. Declaration of Principles and State Policies 7
C. Separation of Powers 8
D. Check and Balance's 9
E. State Immunity 9

IL LEGISLATIVE DEPARTMENT

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Legislative Power 13
I. Scope and limitation 13
2. Principle of Non-delegability; exceptions 17
B. House of Congress; composition and qualification of members 19
I. Senate 19
 2. House of Representatives 19
a. District representatives and questions of appointment 20
b. Party-list system 21
C. Privileges, Inhibitions, and Disqualifications 25
D. Discipline of Members 26
E. Process of Law-Mak'ng 27
F. Quorum and Voting Majorities 29
G. Appropriation and Re-alignment 31
H. Legislative Inquiries and Oversight functions 33
I. Power of Impeachment 36
J. Electoral Tribunal 36
K. Commission on Appointments 37
L. Initiative and Referendum I 38

III. EXECUTIVE DEPARTMENT

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Qualifications, election, and term of the President and Vice-President 39
B. Privileges, Inhibition and Disqualifications 40
C. Powers of the President 42
1. Executive and Administrative powers in General 42
2. Power of Appointment 43
a. Confirmation and by-passed appointments 44
b. Midnight and pd interim appointments 45
c. Power of Removal 45
D. Power of Control and Supervision 46
E. Doctrine of Qualified Political Agency 46
F. Executive departments and Officers 46
G. Local Government Units 47
1. Military Powers 47
a. Calling out power 47
b. Declaration of Martial Law and suspension of the privilege of the writ of habeas
corpus; requisites and parameters of extension 47
2. Executive Cletnency 49
3. Powers pertin6nt to Foreign Relations 50
H. Rules of Succession 53

IV. JUDICIAL DEPARTMENT

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Judicial Power 56
B. Judicial Review 57
1. Requisites 57
2. Political Question Doctrine 59
3. Moot Questions 59
4. Operative Fact Doctrine 59
C. Safeguards of Judicial Independence 60
1. Judicial and Bar Council 61
a. Composition l 61
b. Powers 62
 2. Fisca Autonomy 62
D. Qualifications of I1/embers of the Judiciary 61
E. Workings of the Supreme Court 62
I. En banc and Division cases 63
2. Procedural Rule-making 64
3. Administrative upervision over lower courts 64
4. Original and Appellate Jurisdiction 64

V. CONSTITUTIONAL COMMISSION

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Common Provisions 66
B. Powers and functi9ns of the CSC, COMELEC, and COA 68
C. Composition and Qualifications of Members 68
D. Prohibited Offices and Interests 66
E. Review of final orders, Resolutions, and Decisions 76

VI. BILL OF RIGHTS

TOPIC OUTLINE UNDER THE 20/9 SYLLABUS

A. Fundamental-Powers of the State 79

B. Private Acts and the Bill of Rights 83
C. Rights to Life, Liberty and Property 83
1. Procedural and Substantive Due Process 84
2. Void-for-Vagueness Doctrine 88
3. Hierarchy of Rights 88
D. Equal Protection 90
1. Requisites for Valid Classification 90
2. Rational Basis, Strict Scrutiny, and Intermediate Scrutiny Tests 92
E. Searches and Seizures 93
1. Requisites for a Valid Warrant 94
2. Warrantless Searches and Seizure 96
3. Administrative Arrests 101
4. Evidence Obtained through Purely Mechanical Acts 102
F. Privacy of Communications and Correspondence 102
1. Private and Public Communications 102
2. Intrusion, when allowed; Exclusionary Rule 102
G. Freedom of Speech and Expression 105
1. Prior Restraint and Subsequent Punishment 106
2. Content-Based and Content-Neutral Regulations 107
3. Facial Challenges and the Overbreadth Doctrine 109
4. Dangerous Tendency, Balancing of Interests, and Clear and Present Danger
Tests 110
5. States Regulation of Different Types of Mass Media 112
6. Commercial Speech 112
7. Unprotected Speech 114
H. Freedom of Religion. 114
 1. Non-Establishment and Free-Exercise Clauses 114
2. Benevolent Neutrality and Conscientious Objectors 116
3. Lemon and Compelling State Interests 116
I. Liberty of Abode and Right to Travel 119
1. Scope and Limitations 120
2. Watch-list and Hold Departure Orders 120
J. Right to Information 120
1. Scope and Limitations 120
2. Publication of Laws and Regulations 122
K. Right of Association _123
L. Eminent Domain 124
1. Expropriation by Local Government Units 125
2. Concept of PubNCI Use 127
3. Just Compensation 128
M. Non-Impairment of c ntracts 131
N. Free Access to Couris and Adequate Legal Assistance 132
.1
0. Custodial Investigation Rights 133
P. Rights of the Accusei':1 135
Q. Right to the Speedy disposition of Cases 141
R. Right Against Self-Incrimination 141
S. Right Against Doubl Jeopardy 143
T. Involuntary Servitude 146
U. Right Against Excesisve Fines, and Cruel and Inhuman Punishments 146
V. Non-Imprisonment fOr Debts 147
W. Ex post facto law and Bills of Attainder 147
X. Writs of Habeas CorPus, Kalikasan, Habeas Data, and Amparo 148

VII. CITIZENSHIP

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Who are Filipino Citizens 153

B. Modes of Acquiring CLitizenship 153
C. Loss and Re-acquisition of Philippine Citizenship 154
D. Dual citizenship and Dual Allegiance 155
E. Foundlings 155
VIII. LAW ON PUBLIC OFFICERS

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. General Principles 156

B. Modes of Acquiring iitle to public office 157
C. Kinds of Appointmeqt 159
D. Eligibility and qualifiCation requirements 162
E. Disabilities and inhibitions of public officers 164
F. Rights and Liabilities of public officers 167
G. De Facto v. de Jure Officers 169
H. Termination of Official Relation 170
I. The Civil Service .171
J. Personnel actions 172
1. Discipline 173
a. Grounds J 173
b. Jurisdictions 174
c. Dismissal, preventive suspension, reinstatement and back salaries 174
d. Condonation doctrine 177
2. Impeachment 177
3. The Ombudsman 178
a. Functions 179
b. Judicial review in penal proceedings 181
4. Office of the Special Prosecutor 181
5. The Sandiganbayan 183

IX. ADMINISTRATIVE LAW

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. General principles 185

B. Powers of administrative agencies. 187
1. Quasi-legislative (rule-making) power 187
a. Kinds of administrative rules and regulations 188
b. Requisites of validity 188
2. Quasi-judicial (adjudicatory) power 189
a. Administrative due process 191
b. Administrative appeal and review 193
c. Administrative res judicata 193
3. Fact-finding, investigative, licensing, and rate-fixing powers 194
C. Doctrine of Primary jurisdiction and exhaustion Of administrative remedies... 195

X. ELECTION LAW

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Suffrage 198
1. Qualification and Disqualification of voters 199
2. Registration of Voters 200
4. Inclusion and Exclusion Proceedings 201
5. Local and Overseas Absentee Voting 202
6. Detainee VotingCandidacy 202
B. Candidacy 205
1. Qualifications and Disqualifications of Candidates 205
2. Filing of Certificates of Candidacy 209
a. Effect of Filing 209
b. Substitution and Withdrawal of Candidates 209
c. Nuisance Candidates 210
d. Duties of the COIVIELEC 210
C. Remedies and Jurisdiction in Election Law 218
1. Petition to Deny Due Course or Cancel a Certificate of Candidacy 218
 2. Petition for Disqualification 218
3. Failure of Election, Call of Special Election 220
4. Pre-proclamation Controversy 221
5. Election Protest 223
6. Quo Warranto 225

Xl. LOCAL GOVERNMENT

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Principles of local autonomy 233

B. Autonomous regions and their relation to the National Government 235
C. Local Government Units
1. Powers 1 237
a. Police Power (General Welfare Clause) 237
b. Eminent domain 1 238
I
c. Taxing Power 240
d. Legislative Power 245
i. Requisitles for Valid Ordinance 245
ii. Local Initiative and Referendum 246
e. Ultra vires Acts 247
2. Liability , 248
3. Settlement of Boundary Disputes 249
4. Vacancies and Succession 250
5. Recall 254
6. Term Limits .255

XII. NATIONAL ECONOMY AND PATRIMONY

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Regalian Doctrine j 257

B. Nationalist and Citizenship Requirement provisions 258
C. Exploration, Development, and Utilization of Natural Resources 260
D. Franchises, Authority, and Certificates for Public1 Utilities 261
E. Acquisition, Ownership and Transfer of Public and Private Lands 263
F. Practice of Professions 264
G. Organization and Regulation of Corporations, Private and Public 264
H. Monopolies, Restraint of Trade, and Unfair Competition 264

XIII. SOCIAL JUSTICE AND HUMAN RIGHTS

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Concept 265
B. Economic Social and Cultural Rights 265
C. Commission on Human Rights 267
 XIV. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Academic Freedom .269

XV. FAMILY

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Rights 270

XVI. AMENDMENTS OR REVISIONS OF THE CONSTITUTION

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Procedure to amend or revise the Constitution 271

XVII. PUBLIC INTERNATIONAL LAW

TOPIC OUTLINE UNDER THE 2019 SYLLABUS

A. Concepts 278
1. Obligations Erga Omnes 278
2. Jus Cogens I 278
3. Concept of Ex Aequo et Bono 279
B. Relationship Between International and National Law 280
C. Sources of Obligation in International Law 281
D. Subjects 1 .284
1. States 285
2. International Organizations 287
3. Individuals 288
E. Jurisdiction of States 288
1. Basis of Jurisdiction 288
a. Territoriality Principle 288
b. Nationality Principle and Statelessness 289
c. Protective Principle 289
d. Universality Principle 289
e. Passive Personality Principle 289
2. Exemptions from Jurisdiction 289
a. Act of State poctrine 289
b. Internationa Organizations and its Officers 289
F. General Principles of Treaty Law 292
G. Doctrine of State Responsibility 296
H. Refugees 299
I. Extradition 300
J. Basic Principles of International Human Rights Law 302
1. Universal Declaration of Human Rights 302
 2. International Covenant on Civil and Political Right 302
3. International Covenant on Economic, Social, and Cultural Right 302
K. Basic principles of International Humanitarian Law 304
1. Categories of armed conflicts 304
a. International armed conflicts 304
b. Internal or non-international armed conflict 305
c. War on national liberation 1 306
2. R.A. 9851 (Philippine Act on Crimes Against International Law, Genocide, and
Other Crimes Against Humanity) 306
3. Core international obligations of states in International Humanitarian Law 310
4. Principles of International Humanitarian Law 311
5. Treatment of Civilians 311
6. Prisoners of War 312
7. Law on Neutrality 312
L. Law of the Sea 1 313
1. Baselines .1 314
2. Archipelagic State 314
a. Straight archipelagic baselines 314
b. Archipelagic Waters 314
c. Archipelagic sea lanes passage 314
d. Regime of Islands 315
3. Internal Waters.L 315
4. Territorial Sea. 316
5. Contiguous Zone 316
6. Exclusive economic zone 316
7. Continental shelf and Extended Continental Shelf 317
8. International Tribunal for the Law of the Sea 318
M. Basic Principles of International Environmental Law 319
1. Precautionary Principle 319
ATENEO CENTRAL
BAR OPERATIONS 2019
PRELIMINARIES
Political Law
Political law — branch of public law which deals with the
organization and operations of the governmental organs
of the State and defines the relations of the State with the
inhabitants of its territory. (People v. Perfecto, 43 Phil 88
,1922)
Subjects covered by Philippine Political Law
a. Constitutional law - guaranties of the constitution to
individual rights and the limitations on governmental
action
b. Administrative law- exercise of eXecutive power in the
making of rules and the decision of questions affecting
private rights
c. Election Law — the study of the laws, rules, and
procedures involving the conduct of the election of all
public officials who will exercise the powers of
government as allocated to and within their functions
and responsibilities
d. The law of public corporations - governmental
agencies for local government or for other special
purposes
e. Law of Public Officers — study of the creation,
modification, and dissolution of public office as well as
the eligibility of public officers, he manner of their
election or appointment and assuMption of office, their
rights, duties, powers, inhibitions and liabilities, and the
modes of terminating official relations.
Constitutional Law
Designates the law embodied in the Constitution and the
legal principles growing out of the interpretation and
application of its provisions by the courts in specific
cases. It is the study of the maintenance of the proper
balance between the authority as represented by the
three inherent powers of the State and liberty as
guaranteed by the Bill of Rights.
CONSTITUTION
DEFINITION, NATURE AND ONCEPTS
Definition of Constitution
A written instrument enacted by direct action of the people
by which the fundamental powers of government are
established, limited, and defined, and by which these
powers are distributed among several departments, for
their more safe and useful exercise, for the benefit of the
body politic (Bemas, 1987 Philippine Constitution, 2009).
Page 1 of 320
POLITICAL LAW
The written instrument agreed upon by the people ... as
the absolute rule of action and decision for all departments
and officers of the government ... and in opposition to
which any act or rule of any department or officer of the
government, or even of the people themselves, will be
altogether void (Cooley, Ill Constitutional Limitations,
1868).
The Constitution both creates the structures of government
and limits their powers.
It is the document which serves as the fundamental law of
the state; that written instrument enacted by the direct
action of the people by which the fundamental powers of
the government are established, limited and defined, and
by which those powers are distributed among the several
departments for their safe and useful exercise, for the
benefit of the body politic. [Malcolm, Phil. Constitutional
Law]
Philippine Constitution and Effectivity Dates
1935 Constitution: May 14, 1935
1973 Constitution: Jan. 17, 1973
1986 Freedom Constitution: Mar. 25, 1986
1987 Cdnstitution: Feb. 2, 1987
Classes of Constitution
1. Written and Unwritten
(i) A written constitution's precepts are embodied in
one document or set of documents.
(ii) An unwritten constitution consists of rules which
have not been integrated into a single, concrete
firm but are scattered in various sources, such as
statutes of fundamental character, judicial
decisions, commentaries of publicists, customs
and traditions. [Cruz, Constitutional Law 4-5;
Nachura, Outline Reviewer in Political Law 2]
2. Enacted (Conventional) and Evolved (Cumulative)
(i) A conventional constitution is enacted formally at
a definite time and place following a conscious or
deliberate effort taken by a constituent body or
ruler.
(ii) A cumulative body is the result of political
evolution, not inaugurated at any specific time but
changing by accretion rather than by any
systematic method. [Cruz, id., at 5]
3. Rigid and Flexible
(i) A constitution is classified as rigid when it may not
be amended except through a special process
distinct from and more involved than the method of
ATENEO CENTRAL
BAR OPERATIONS 2019
changing ordinary laws. It s supposed that by such
a special procedure, the constitution is rendered
difficult to change and thereby acquires a greater
degree of stability.
(ii) A constitution is classified as flexible when it may
be changed in the same manner' and through the
same body that enacts ordinary legislation. The
Constitution of the UK is flexible.
Note: The Philippine Constitution is written, conventional
and rigid.
Basic Principles of 'Constitutional Construction
f. Verba legis — whenever possible, the words used in
the Constitution must be given their qrdinary meaning
except where technical term arle employed;
g. Ratio legis est anima — woirls of the Constitution
should be interpreted in accordance with the intent of
the framers;
h. Ut magis valeat quam pereat — the Constitution
should be interpreted as a whole [Francisco v. House
of Representatives, 415 SCRA 44 (2003)]
In case of doubt, the provisions should be' considered
self-executing (Manila Prince Hotei v GSIS, GR No
122156, February 3, 1997) ; mandatory rather than
directory (Tanada v Cuenco, GR No. L-10250, February
28, 1957) and prospective rather than retroactive (Peralta
v Director of Prisons, GR No -49, November 12, 1945)
Self-Executing and Non-Self Executing Provisions
1. Self Executing : provisions which is complete in itself
and becomes operative vvithout the aid of
supplementary or enabling legislation, or that which
supplies a sufficient rule by means of which the right it
grants may be enjoyed or protected. (Manila Prince
Hotel v GSIS)
2. Non Self Executing: provisions which lays down a
general principle
Doctrine of Constitutional Supremacy
If a law or a contract violates any norm of the
Constitution, that law or contract, whether promulgated by
the legislative or executive branch of the government or
entered into by private persons for private purposes, is
null and void, and without any force and effect. Since the
Constitution is the fundamental and supreme law of the
land, it is deemed written in every statute and every
contract. (NACHURA)
Parts of the Constitution
Essential Parts of a Written Constitution,
Page 2 of 320
POLITICAL LAW
1. Constitution of Liberty — sets forth the fundamental
civil and political rights of citizens, and imposing
limitations on the powers of government as a means of
securing the enjoyment of those rights. (Art. III)
2. Constitution of Government — outlines the
organization of government, enumerating its powers,
laying down rules regarding its administration, and
defining the electorate. (Arts. VI, VII, VIII, D14/)
3. Constitution of Sovereignty — the mode or procedure
with which formal changes in the fundamental law may
be made. (Art. XVIO
Preamble
An introduction that identifies:
the authors of the Constitution (i.e. sovereign Filipino
people)
their intentions, and
its purpose(s) of the document.
SELF-EXECUTING AND
NON-SELF-EXECUTING PROVISIONS
General Rule: The provisions of the Constitution are
considered self-executing, and do not require future
legislation for their enforcement.
Exceptions:
Principles in Article II are not intended to be self-executing
principles ready for enforcement through the courts. They
are used by the judiciary as aids or as guides in the
exercise of its power of judicial review, and by the
legislature in its enactment of laws (Tondo Medical v. Court
of Appeals, G.R. No. 167324, 2000).
The social and economic rights guaranteed in Article XIII
are also non-self-executing provisions. (Bemas,
ConstitutionalRights and Social Demands, 1, 2010).
Exceptions to the Exceptions:
Article II, Sec. 16 - The right to a balanced and healthful
ecology is self-executory and does not need an
implementing legislation (Oposa v. Factoran, G.R. No.
101083, 1993).
Article II, Sec. 28— The duty of full public disclosure is self-
executory(Province of North Cotabato v. GRP, G.R. No.
183591, 2008).
Article II, Sec. 15- The right to health is also self-executing
(lmbong v. Ochoa, G.R. No. 204819, 2014).
NOTE: Whether or not a provision is self-executing
depends on the language of the provision. Most of the
provisions in Article II are couched in non-self-executing
language.
ATENEO CENTRAL
BAR OPERATIONS 2019
GENERAL PROVISIONS ,
Symbols of Nationality
The Philippine Flag (Sec. 1)
Red, white, and blue with a sun and 3 stars
The design may be changed only by constitutional
amendment.
Congress may, by law, adopt a new Sec. 2):
Name for the country
National anthem
National seal
Law takes effect upon ratification by the people in a
national referendum.
The Armed Forces of the Philippibes (Sec. 4 -5)
• Military men cannot engage, directly or indirectly, in
any partisan political activity, except to vote.
• Members of the AFP in active service cannot be
appointed to a civilian position in the government,
including GOCCs or their subsidiaries.
The Police Force (Sec. 6)
The State shall establish and maintain one police force,
national in scope and civilian in character. The national
police is now governed by R.A. No. 6975 which took
effect on January 1,1991.
Consumer Protection (Sec. 9)
The State shall protect consumers from trade
malpractices and from substandard Or hazardous
products. The protection is intended, not only against
I
traders, but also to manufacturers who dump defective
products in the market.
Mass Media and Advertising (Sec. 11)
The ownership and management of mass media shall be
limited to citizens of the Philippines, or to corporations,
cooperatives or associations, wholly-owned and managed
by citizens.
Only Filipino citizens or corporations or associations at
least 70% of the capital of which is owned by Filipino
citizens shall be allowed to engage in the advertising
industry.
FORMS OF GOVERNMENT
GOVERNMENT
' Note: On the National level, refers to the Legislative,
Executive, Judicial departments. On the local level, refers to the
regional, provincial, city, municipal, and barrio governments.
Pag.e 3 of 320
POLITICAL LAW
An element of a state; that institution through which the
State exercises power; the aggregate of institutions by
which an independent society makes and carries out
rules of action which are necessary to enable men and
women to live in a social state, or which are imposed
upon the people forming that society by those who
possess the power or authority of prescribing them
(Bacani v. NACOCO, G.R. L- 9657, 1956).1
ADMINISTRATION
Set of people currently running the government institution.
Classification of Government Functions
Constituent — Compulsory functions which constitute the
very bonds of society.
Examples:
Keeping order and providing protection to persons and
property
Fixing of legal relations between husband and wife,
parents and children
Regulation of the holding, transmission, interchange of
property; determination of liabilities for debt or crime
Determination of contract rights between individuals
Definition and punishment of crime
Administration of justice in civil cases
Determination of political duties, privileges, and relations
of citizens
Dealings of the State with foreign powers: preservation of
the State from external danger or encroachment and
advancement of international interest
Ministrant — Discretionary or optional functions intended
to achieve a better life for the community.
Principles for determining whether or not government
should exercise ministrant functions:
Government should do for the public welfare those things
which private capital would not naturally undertake.
Government should do those things which by its nature it
is better equipped to administer for the public welfare than
is any private individual or group of individuals.
Classification According to Legitimacy of
Government
De Jure— Legitimate; possessing all the legal requisites of
government.
De facto — Lacking one or more of the legal requisites of
government.2
2 Note: A de facto government can be denominated as such
only after they are defeated.
ATENEO CENTRAL
BAR OPERATIONS 2019 POLITICAL LAW

Types Of De Facto Governments: (VIP)

Government that usurps government and maintains itself
against the will of the majority by force or by Violence.
Government established as an independent government
by inhabitants who rise in Insurrection against the parent
state.
Government established and maintained by military forces
which invade or occupy a territory of the enemy in the
course of war; a government of Pai-amount force.

Common Forms of Democratic overnment

Presidential
• Government is charactenzed by a separation of
powers among the Legislative, Executive, and
Judiciary.
• This system embodies "interdependence by
separation and coordination."
• The head of State is the President, who likewise
presides over the Executive Department.
2. Parliamentary 1
• Government characterized by "interdependence
by integration." Here, the ministers of the
executivebranch get thei democratic legitimacy
from the legislature and are accountable to that
body, such that the executive 1 and legislative
branches are intertwined

Essential Features of a Parliamentary System of

Government (SCRePS)
Members of government, or the cabinet, or the executive
are as a rule, simultaneously members of the legislature.
The government or cabinet is in effect a committee of the
legislature.
Both government and legislature possess control devices
with which each can demand of the other immediate
political responsibility.
The government or cabinet has a pyramidal structure at
the apex of which is the Prime MiniSter or his equivalent.
Government or cabinet stays in porver only so long as it
enjoys the support of the majority of the legislature.

LEGISLATURE — power to exercise a "vote of no

confidence" (censure) whereby government may be
ousted.

EXECUTIVE — power to dissolve the legislature and call

for new elections.

Page 4 of 320
ATENEO CENTRAL
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I. PRELIMINARY PROVISIONS AND BASIC
CONCEPTS
TOPIC OUTLINE UNDER THE SYLLABUS
A. National Territory
B. Declaration of Principles and State Policies
C. Separation of Powers
D. Checks and Balances
E. State Immunity
A. NATIONAL TERRITORY
Provision on National Territory
The National Territory comprises the Philippine
Archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines
has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelyes, and other
submarine areas. The waters around, between, and
connecting the islands of the archiplago, regardless of
their breadth and dimension, form part of the internal
waters of the Philippines (Art I , Sec. 1).
Archipelagic Doctrine
A body of water studded with islands, or the islands
surrounded with water, is viewed as unity Of islands and
waters together forming one integrated unit. [N.B.
Embodied in Art. II, specifically by the mention of the
"Philippine archipelago" and the specification on "internal
waters."]
Application to the Philippines
The waters around, between, and connecting the islands
of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the
Philippines (Art. I, Sec. 1)
Treaty limits of the Philippine archipelagb
a. Treaty of Paris of 10 December 1898: "Spain cedes to
the United States the archipelago known as the
Philippines Islands, and comprehending the islands
lying within the following line" Article 3 of the said treaty
defines the metes and bounds of the archipelago by
longitude and latitude, degrees and seconds.
Technical descriptions are made of the scope of the
archipelago as this may be found on the surface of the
earth.
b. Treaty of Washington of 7 November 1900 between
the United States and Spain: Ceding Cagayan, Sibuto
and Sulu.
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c. Treaty of 12 January 1930 between the United States
and Great Britain: Ceding the Turtle and Mangsee
Islands. [BERNAS (2003), cited in Justice Velasco's
concurring opinion in Magallona v. Ermita (2011)].
Composition of National Territory
(a) Philippine Archipelago, with all the islands and
waters embraced therein;
(b) Internal Waters : waters around, between and
connecting the islands of the archipelago, regardless
of breadth and dimension; and
(c) All other territories over which the Philippines has
sovereignty or jurisdiction
It consists of:
(1) Territorial sea, seabed, subsoil, insular shelves, and
other submarine areas
(2) Terrestrial, fluvial, and aerial domains
Future Acquisitions included in National Territory
The clause includes any territory presently belonging or
those that might in the future belong to the Philippines
through any of the accepted international modes of
acquiring territory.
Territories belonging to Philippines by historic right or
title
The clause also includes what was referred to under the
1973 Constitution as territories "belonging to the
Philippines by historic right or legal title," that is, territories
which, depending on available evidence, might belong to
the Philippines (e.g., Sabah, the Marianas, Freedom/and)
(Bemas, Constitutional Rights and Social Demands, 8,
2010). ,
Under Article 3 of the UNCLOS, "every state has the right
to establish the breadth of its territorial sea up to a limit not
exceeding 12 nautical miles, measured from the baselines"
Contiguous Zone
It is an area of water which extends up to 24 nautical miles
from the baseline (12 nautical miles from the Territorial
Sea). Although not part of the territory, the coastal State
may exercise jurisdiction to prevent infringement of
customs, fiscal, immigration, or sanitary laws.
Exclusive Economic Zone
This refers to the body of water extending up to 200
nautical miles beyond the baseline, within which the state
may exercise sovereign rights to explore, exploit,
conserve, and manage the natural resources.
Extended Continental Shelf
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Portion of the continental shelf that lies beyond the 200
nautical mile limit. A coastal State may establish a
continental shelf beyond the 200 nautical miles from its
coastline.
The coastal State may establish the outer limits of its
juridical continental shelf wherever the continental margin
extends beyond 200 nautical miles by establishing the foot
of the continental slope, by meeting the requirements of
Article 76, paragraphs 4-7, of the UNCLOS.
direction of the coast, in order to delineate the internal
waters from the territorial waters of an archipelago.
The Baseline Law (R.A. 9522, 2009)
R.A. No. 9522—amended R.A. No. 3046, entitled "An Act to
Define the Baselines of the Territorial Sea of the
Philippines;" specified that baselines of Kalayaan Group of
Islands and Bajo de Masinloc (Scarborough Shoal) shall
be determined as "Regime of Islands" under the Republic
of the Philippines, consistent with the UNCLOS.

The Philippine archipelago and all other territories consist R.A. No. 9522 is constitutional:
of the following domains: (TAFA) (1) it is a statutory tool to demarcate the maritime zone and
i. Terrestrial continental shelf of the Philippines under UNCLOS ill,
ii. Aerial and does not alter the national territory. Baselines laws
iii. Fluvial are nothing 'but statutory mechanisms for UNCLOS III
iv. All other territories outside archipelagO over which RP state parties to delimit with precision the extent of their
has sovereignty or jurisdiction maritime zones and continental shelves. The law has
nothing to do with acquisition, enlargement, or
Normal Baseline Method diminution of territory, as States may only acquire (or
The baseline is drawn following the low-water line along lose) territory through the following modes: (CAPO)
the coasts as marked on largelscale charts officially Cession,
recognized by the coastal State. This line follows the Accretion
sinuosities of the coast and therefore would normally not Prescription, and
consist of straight lines (Section 5, 1982 LOS; Bemas, Occupation (Magallona V. Ermita, G.R. No. 187167,2011).
1987 Philippine•Constitution: A Cor7mentaiy, 23, 2009). (2) The law also does not abandon the country's claim to
Sabah, as it does not expressly repeal the entirety of
Straight baseline method R.A. No. 5446. [Magallona v. Ermita, G.R. No. 187167,
12 nautical Absolute consists 16 July 2011]
Territorial of
miles from Sovereignty
Sea drawing The law also does not convert internal waters into
baselines
24 nautical Enforcement straight archipelagic waters (which allow the right of innocent
miles from of customs, lines passage). The Philippines still exercises sovereignty over
Contiguous baselines fiscal, the body of water lying landward of the baselines including
Zone immigration, the air space over it and the submarine areas underneath.
san tation The political branches of the Philippine government, in the
laws competent discharge of their constitutional powers, may
200 nautical Exploitation pass legislation designating routes within the archipelagic
Exclusive waters to regulate innocent and sea lanes passage
miles from of living and
Economic (Magallona v. Ermita, G.R. No. 187167, 2011).
baselines non-living
Zone
resources
Submerged Sovereign The Baselines Law does not abandon the Philippines'
prolongation rig+ of claim over Sabah under RA 5446. The definition of the
of the land exploration baselines of the territorial sea of the Philippine Archipelago
territory and is without prejudice to the delineation of the baselines of
Continental the territorial sea around the territory of Sabah, situated in
exploitation
Shelf North Borneo, over which the Philippines has acquired
of ing and
noniliving dominion and sovereignty (RA 556, Sec. 2).
resources of
the seabed l Maritime Zones
connecting appropriate points on the coast without
departing to any appreciable extent from the general Regime of Islands

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Under Article 121 of the UNCLOS III, any naturally

such as national defense
formed area of land surrounded by water, which is above and foreign policy. The
water at high tides, qualifies under tile category of constituent units are given
"regime of islands" whose islands generate their own more powers to develop
applicable maritime zones (e.g., Kalayaan Islands and their territories without
Scarborough Shoal). much intervention by the
Kalayaan Islands has its own Territorial Sea, Contiguous central government
Zone, and Exclusive Economic Zone. 1
BUT Scarborough Shoal ONLY has a Territorial Sea and
Contiguous Zone.3 Generally Accepted Principles of International Law
There can be a Continental Shelf w'thout an EEZ, but not Principles based on natural justice common to most
an EEZ without a Continental Shelf. national systems of law.

Examples:
B. DECLARATION OF PRINCIPLES AND STATE i. The right of an alien to be released on bail while
POLICIES awaiting deportation when his failure to leave the
country is due to the fact that no country will accept
Principles him (Mejoff v. Director ofPrisons, G.R. No. L-4254,
binding rules which must be observed in the conduct of 1951).
government. ii. The right of a country to establish military
commissions to try war criminals (Kuroda v.
Policies Jalandoni, G.R. No. L-2662, 1949).
guidelines for the orientation of the state. iii. The Vienna Convention on Road Signs and
Signals (Agustin v. Edu, G.R. No. L-49112, 1979).
Elements of a State (GSPoT) iv. Duty to protect the premises of embassies and
Government - institution or aggregate of institutions by legations (Reyes v. Bagatsing, G.R. No. L-65366,
which an independent society makes and carries out those 1983).
rules of action which are necessary to enable men to live v. Pacta sunt servanda — international agreements
in a social state, or which are imposed upon the people rnust be performed in good faith (Tatiada v.
forming that society by those who possess1the power or Angara, G.R. No. 118295, 1997).
authority of prescribing them (See also: "General Principles of Law"pg. 303)
Sovereignty - power of the State to regulate matters within
its own territory. The Philippines renounces aggressive war as an
Population - community of persons sufficient in number instrument of national policy, but allows for a defensive
and capable of maintaining the continued existence of the war.
community and held together by a common bond of law.
Territory - a definite area over which the State exercises Civilian Authority
sovereign jurisdiction. Article II, Section 3 of the Constitution states that
1 Icjivilian authority is, at all times, supreme over the
Difference between a unitary and federal form of military. The Armed Forces of the Philippines is the
government protector of the People and the State. Its goal is to secure
UNITARY FEDERAL the sovereignty of the State and the integrity of the
national territory."
Powers are concentrated The central authority and
in one central authority constituent political units Civilian Authority - The head of the armed forces is a
and some of which are divide and share the civilian president and the primary purpose of AFP is to
merely delegated to other power, where the central serve and protect the people.
units (e.g. delegated governrnent is focused on Mark of sovereignty - Positively, the military is the
legisFative power to LGUs) more specific functions,
guardian of the people and of the integrity of the national

3 Note: Under Article 121 of the UNCLOS, rocks which cannot

sustain human habitation or economic life of their own shall
have no exclusive economic zone or continental shelf.
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territory and therefore ultimately of the majesty of the law.
Negatively, it is an expression against military abuses.
Freedom from Nuclear Weapons
PROHIBITS DOES NOT PROHIBIT
Possession, control and Peaceful use of nuclear
manufacture of nuclear energy
weapons; nuclear arms
tests
Exception to policy against nuclean weapons may be made
by political departments, but must be justified by demands
of national interest.
Social Justice
The State shall promote social justice in all phases of
national development.
Social Justice has been defined by Justice Laurel as the
humanization of laws and the equalization of social and
economic forces by the State so that justice in its rational
and objectively secular concept'on may at least be
approximated (Calalang v. Williams, 70 Phil. 726, 1940).
Protection of the Life of the Unbi-on
It is not an assertion that the unborp is a legal person. It is
not an assertion that the life of the Linborn is placed exactly
on the same level of the life of the mother. Hence, when it
is necessary to save the life of the mother, the life of the
unborn may be sacrificed.
The Roe v. Wade doctrine allowing abortion up to the 6th
month of pregnancy cannot be adopted in the Philippines
because the life of the unborn is protected from the time of
conception.
Right to a Balance and Healthful Ecology
The right to a balanced and healthful ecology is not less
important than any of the civi and political rights
enumerated in the Bill of Rights. The right to a balanced
and healthful ecology carries with it an intergenerational
responsibility to care for and protect the environment
(Oposa v. Factoran, G.R. No. 101083, 1993).
In environmental cases, the precaut onary principle is used
when there is a lack of full scientific certainty in establishing
a causal link between human actiVity and environmental
effect. The precautionary principlej as a principle of last
resort, shifts the burden of evidence of harm away from
those likely to suffer harm and onto those desiring to
change the status quo. (Internatbnal Service for the
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POLITICAL LAW
Acquisition of Agri-Biotech v. Greenpeace, G.R. No.
209271, 2015)
Elements for the Application of Precautionary
Principle:
Uncertainty
Possibility of irreversible harm
Possibility of serious harm (International Service for the
Acquisition of Agri-Biotech v. Greenpeace, G.R. No.
209271, 2015)
Standing to file an action for violation of
environmental laws
The enactment of the Rules of Procedure for
Environmental Cases enabled litigants enforcing
environmental rights to file their cases as citizen suits. It
liberalized standing for all cases filed enforcing
environmental laws and collapses the traditional rule on
personal and direct interest, based on the principle that
humans are stewards of nature. The need to give animals
legal standing in environmental cases has been eliminated
by the Rules since any Filipino citizen, as a steward of
nature, is allowed to bring a suit to enforce environmental
laws. (Resident Marine Mammals v. Reyes, G.R. No.
180771, 2015)
Requisites for the Issuance of Writ of Kalikasan
1. There is an actual or threatened violation of the
constitutional right to a balance and healthful ecology;
2. The actual or threatened violation arises from an
unlawful act or omission of a public official or
employee, or private individual or entity;
3. The actual or threatened violation involves or will lead
to an environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in
two or more cities of provinces. (LNL Archipelago
Minerals Inc v. Agham Party List, GR 209165, 2016)
C. SEPARATION OF POWERS
An allocation of the three great powers of government in
the following manner: legislation to Congress, execution of
laws to the Executive, and settlement of legal
controversies to the Judiciary. It is also an implicit limitation
on their powers, preventing one from invading the domain
of the others, but the separation is not total.
The principle of separation of powers ordains that each of
the three great government branches has exclusive
cognizance of and is supreme in concerns falling within its
own constitutionally allocated sphere; e.g., the judiciary as
Justice Laurel emphatically asserted "will neither direct nor
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restrain executive [or legislative] action" (Republic v.
Bayao, G.R. No. 179492, 2013).
D. CHECKS AND BALANCES
A system operating between and among the three
branches of government the net effect of which is that no
one department is able to act without the cooperation of at
least one of the other departments.
Examples:
Legislation in the form of an enrolled bill needs final
approval from the President to becone a law;
President must obtain the concurrence of Congress to
complete certain acts (e.g. granting of amnesty);
Money can be released from the Treasury only by authority
of Congress;
Appropriation, revenue, tariff, increases in public debt and
private bills originate in House of Representatives;
SC can declare acts of Congress or the Executive
unconstitutional.
E. STATE IMMUNITY
BASIS: Art. XVI, Sec. 3: "The state may not be sued
without its consent." This is based on the principle of
equality of states — par in parem non habet imperium.
Doctrine of State Immunity
It refers to a principle by which a state, its agents, and
property are immune from the jurisd ction of another state
[MAGALLONA].
Principle of Equality of States
This principle is premised on the juridical equality of states,
according to which a state may not impose its authority or
extend its jurisdiction to another state without the consent
of the latter through a waiver of immunity. Thus, domestic
courts must decline to hear cases against foreign
sovereigns out of deference to their role as sovereigns.
Kinds of Immunity
Absolute sovereign immunity - where a state cannot be
sued in a foreign court no matter what the act it is sued for;
Or
Restrictive sovereign immunity - where a state is
immune from suits involving governmental actions (jure
imperii), but not from those arising from commercial or non-
governmental activity (jure gestionis).
Summary
General rule — The State cannot be sued.
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Exception — the State consents to be sued;
How a State gives its consent
a. Express consent
1. General Law
2. Special Law
b. Implied consent
1. When the State commences litigation, it becomes
vulnerable to a counterclaim; (United States of
America v. Judge Guinto, 261 Phil. 777, 790
(1990))
2. State enters into a business contract (it is
exercising proprietary functions); (United States of
America v. Judge Guinto, 261 Phil. 777, 795
(1990))
3. When it would be inequitable for the State to
invoke immunity;
4. In eminent domain cases.
State's Business Contracts
A State's commercial activity is a descent to the level of
individuals and there is a form of tacit consent to be sued
when it enters into business contracts with others.
However, not every contract entered into is a form of tacit
consent to be sued. It depends upon whether the foreign
state is engaged in the activity in the regular course of
business. If not, or if it is in pursuit of a sovereign activity,
it falls within the exemption of acts jure imperil especially
when not intended for gain or profit.
A party who feels transgressed by anyone claiming
immunity may ask his own government to espouse his
cause through diplomatic channels.
Extent of Immunity
Immunity from jurisdiction is enjoyed by both the head of
State and by the State itself. The State's diplomatic agents,
including consuls to a certain extent, are also exempt from
the jurisdiction of local courts and administrative tribunals.
Restrictive Application of State Immunity
This traditional rule of State immunity which exempts a
State from being sued in the courts of another State
without the former's consent or waiver has evolved into a
restrictive doctrine which distinguishes sovereign and
governmental acts (Jure imperil) from private, commercial
and proprietary acts (Jure gestionis). Under the restrictive
rule of State immunity, State immunity extends only to acts
jure imperil. The restrictive application of State immunity is
proper only when the proceedings arise out of commercial
transactions of the foreign sovereign, its commercial
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activities or economic affairs (Argo v. Swift, G.R. No.
206510, 2014).
Scope of State Immunity
Jure Imperil- Immunity is granted only with respect to their
governmental acts
Jure Gestionis - Immunity is not granted with respect to
their commercial acts
Difference between Jure Gestionis and Jure Imperil
JURE GESTIONIS JURE IIMPERII
By right of economic or By ri+it of sovereign power,
business relation in the exercise of sovereign
functions .1
I SCRA 88)
May be sued May not be sued
Two Conflicting Concepts of Sovereign Immunity:
i. Classical or absolute theory — sovereign cannot,
without its consent, be made a respondent in the courts
of another sovereign.
ii. Newer or restrictive theory — the immunity of the
sovereign is recognized only with regard to public acts
or acts jure imperii of a state but not with regard to
private acts or acts jure gestionik.
A certification executed by the Economic Commercial
Office of the Embassy of the People's Republic of China
stating that a project is in pursuit of a sovereign activity is
not the kind of certification that can establish entitlement to
immunity from suit. It unequivocally refers •to the
determination of the Foreign Office of the state where it is
used (China National Machinery Equipment v. Santa
Maria, G.R. No. 18557, 2012).
When Suit is Considered Against the State: (NUO)
The Republic is sued by Name
Suits against an Unincorporated government agency
Suit is against a government Official, but is such that
ultimate liability shall devolve on the government
It produces adverse consequences to the public treasury
in terms of disbursement of publ c funds and loss of
government property.
It cannot prosper unless the State has given its consent.
When not against the state
It was held that the suit is not again t the State:
a. When the purpose of the suit is to compel an officer
charged with the duty of making payments pursuant to
an appropriation made by law in favor of the plaintiff to
make such payment, since the suit is intended to
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POLITICAL LAW
compel performance of a ministerial duty. [Begoso v.
PVA (1970)1
b. When from the allegations in the complaint, it is clear
that the respondent is a public officer sued in a private
capacity;
c. When the action is not in personam with the
government as the named defendant, but an action in
rem that does not name the government in particular.
Test to determine if suit is against the State
Will the enforcement thereof (decision rendered against
the public officer or agency impleaded) require an
affirmative act from the State, such as the appropriation of
the needed amount to satisfy the judgment? If so , then it
is a suit against the State. (Sanders v. Verdiano, 162
Duration of Immunity of Head of State
Immunity of head of state for private acts lasts while a
person is still in office; for public acts, even after office.
Consent to be sued is given by the state either
EXPRESSLY or IMPLIEDLY.
EXPRESS
The law expressly grants the authority to sue the State
or any of its agencies.
a. General Law : Authorizes any person who meets
the conditions stated in the law to sue the
government in accordance with the procedure in the
law (i.e. Money claims arising from contract express
or implied ; liability of local government units for
torts)
b. Special Law: may come in the form of a private bill
authorizing a named individual -to bring suit on a
special claim.
IMPLIED (P BIP)
Summary of Instances:
a. When the State commences litigation, it becomes
vulnerable to counterclaim
b. When the State enters into a business contract (in
jure gestionis or proprietary functions)
c. When it would be inequitable for the State to invoke
its immunity
d. In instances when the State takes .private property
for public use or purpose (Eminent Domain)
Specific Rules
a. When State Commences Litigation
• Exception: When the State intervenes not for the
purpose of asking for any affirmative relief, but only
for the purpose of resisting the claim precisely
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because of immunity from su t (Lim v Brownell, OR Suits against Government Agencies

No. L-8587, March 24, 1960)
b. When State enters a Business Contract
• Types of Capacities of the State in entering into
contracts:
1. Acta jure gestionis — by right of economic or
business relations; commercial or proprietary
acts. The State may be sued. (US v. Guinto, GR
No 76607, February 26, 1990)
2. Acta jure imperii — by right of soiereign power
and in the exercise of sovereign functions; there
is no implied consent to be sued. (US v Ruiz, OR
No. 35645, May 22, 1985)
c. When State executes and enters private contracts
• General Rule: The State may be sued if a private
contract is entered into by the proper officer and
within the scope of his authority.
• Exception: When the private contract is incidental to
the performance of a government function.
Suits against Public Officers
General Rule: The doctrine of state immunity also applies
to complaints filed against officials of the State for acts
performed by them in the discharge of their duties within
the scope of their authority.
Exception: The doctrine of immun ty 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, for (2) acts without authority or in excess
of the powers vested in him. [Lansang vs CA (2000)]
Rule on Liability of Public Officers
a. Acting beyond scope of Authority: When a public
officer acts in bad faith, or beyond the scope of his
authority, he can be held personal y liable for damages.
b. Acting in Good Faith: If a public officer acted pursuant
to his official duties, without malice, negligence, or bad
faith, he is not personally liable, and the suit is really
one against the State.
c. Ultra Vires Act: Where a public Officer has committed
an ultra vires act, or where there is a showing of bad
faith, malice, or gross negligence, the officer can be
held personally accountable even if such acts are
claimed to have been performed in connection with
official duties (Wylie v. Rarang, G.R. No. 74135, 1992).
a. Incorporated: If the charter provides that the agency
can sue and be sued, then suit will lie, including one for
tort. The provision in the charter constitutes express
consent on the party of the State to be sued. (PNB v
CIR, 81 SCRA 314)
b. Unincorporated:
I) Performs governmental functions: Not suitable
without State consent event if performing propriety
function incidentally. Thus, even in the exercise of
proprietary functions incidental to its primarily
governmental functions, an unincorporated agency
still cannot be sued without its consent.
II) Performs proprietary functions: Suable except
when the proprietary functions are indispensable in
the discharge of its governmental functions (Mobil
PHL Exploration v Customs Arrastre Service, OR
No. 23139, December 17, 1966)
Case Law Exceptions when State/Public Officer May
be sued without prior consent
a. To compel him to do an act required by law;
c. To restrain him from enforcing an act claimed to be
unconstitutional;
d. To compel the payment of damages from an already
appropriated assurance fund or to refund tax over-
payments from a fund already available for the
purpose;
e. To secure a judgment that the officer impleaded may
satisfy by himself without the State having to do a
positive act to assist him;
f. Where the government itself has violated its own laws.
[Sanders v. Veridiano II, G.R. No. L-46930 (1988)]
Rules regarding Garnishment of Government Funds
General Rule: Garnishment of government funds is not
allowed. Whether the money is deposited by way of
general or special deposit, they remain government funds
and are not subject to garnishment.
Exceptions:
i. Where a law or ordinance has been enacted
appropriating a specific amount to pay a valid
government obligation, then the money can be
garnished.
ii. If the funds belong to a public corporation or a
GOCC which is clothed with a personality of its
own, then the funds are not exempt from
garnishment (NHA v. Guivelando G.R. No. 154411,
2003).

To enforce monetary decisions against the Government, a

person may file a claim with the Commission on Audit. It is
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settled jurisprudence that upon determination of State
liability, the prosecution, enforcement, or satisfaction
thereof must still be pursued in accordance with the rules
and procedures laid down in P.D. No. 1445 (Government
Auditing Code of the Philippines). All money claims against
the Government must first be filed,with the Commission on
Audit, which must act upon it w1th1n 60 days. Rejection of
the claim will authorize the clairna,1t to elevate the matter
to the Supreme Court on certiorari and in effect, sue the
State thereby (Department of Agriculture v. NLRC; P.D.
1445, Sections 49-50).
Consent to be sued is not equivalent to consent to
liability
• The fact that the State consented to tieing sued does
not mean that the State will ultimately be held liable.
(US v. Guinto)
• Even if the case is decided aga nst the State, an award
cannot be satisfied by writs of execution or
garnishment against public funds. No money shall be
paid out of the public treasury unlessl pursuant to an
appropriation made by law.
'Payment of Interest By The Government In Money
Judgment Against It
General Rule: Government camot be made to pay
interests.
Exceptions (EEG):
1. Eminent domain
2. Erroneous collection of tax
3. Government agrees to pay interest pursuant to law
Immunity from Jurisdiction
General rule: The jurisdiction of a state within its territory
is complete and absolute.
Exceptions:
1. Sovereign immunity
2. Diplomatic immunity
3. Hostis Humanis Generis - enemy of all mankind or
crimes justiciable by any state anywhere, i.e. Slave
Trader, pirate (Filartiga v. Pena-lrala, 1630 F.2d 876,
1980).
Acts of State Immunity
Every state is bound to respect the independence of
every other sovereign state, and the courtslof one country
will not sit in judgment on the acts of the government of
another, done within its own t rritory. I Redress of
grievances by reason of such acts must be obtained
through the means open to be availed of by sovereign
powers as between themselves. 1
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POLITICAL LAW
This immunity is for the benefit of the state. Thus, only the
state may waive it.
Nothing in the complaint would require a court to pass
judgment on any official act of the Philippine government.
Just as raising the specter of political issues cannot sustain
dismissal under the political question doctrine, neither
does a general invocation of international law or foreign
relations mean that an act of state is an essential element
of a claim. It cannot be thought that every case touching
foreign relations lies beyond judicial cognizance
(Provincial Government of Marinduque v. Placer Dome,
Inc., G.R. No. 07-1630, 2009).
The commission of a crime by a state official, which is an
international crime against humanity and jus cogens, is
NOT an act done in an official capacity on behalf of the
state. As a matter of general customary international law,
a head of State will PERSONALLY be liable to account if
there is sufficient evidence that he authorized or
perpetrated serious international crimes. Individuals who
commit international crimes are internationally
accountable for them.
General Rule: Any person who, in performing an act of the
state, commits a criminal offense is immune from
prosecution. This applies not only to ex-heads of state and
ex-ambassadors but to all state officials who have been
involved in carrying out the functions of the state (Immunity
Ratione Materiae/Functional Immunity — "Immunity of the
official").
Exception: Functional immunity of state officials of the
foreign state could no longer be invoked in cases of
international crimes (Regina v. Bartle and the
Commissioner of Police, "Pinochet Case").
Exception to the Exception: When the case is brought
against the State itself for liability to damages (i.e. civil
proceedings against a State), the rationale for the
judgment in the Pinochet case has no bearing.
Note:
A state is not deprived of immunity by reason of the fact
that it is accused of serious violations of international
human rights law or the international law of armed conflict.
The court distinguished between immunity and substantive
jus cogens rules of international law and held that a finding
of immunity does not equal a finding that a state did not
owe reparations (Jurisdictional Immunities of the State:
Germany v. Italy, 2012).
end of topic
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II. LEGISLATIVE DEPARTMENT . Impeach (will be discussed in subsection (I))

i. Decide the disability of the President in cases
TOPIC OUTLINE UNDER THE SYLLABUS where majority of the Cabinet dispute his assertion
that he is able to discharge his duties
A. Legislative Power j. Revoke or extend proclamation of suspension of
1. Scope and limitation privilege of writ of habeas corpus or declaration of
2. Principle of Non-delegability; exceptions martial law
B. House of Congress; composition and qualification k. Power with regard to utilization of natural
of members resources
1. Senate
2. House of Representatives LEGISLATIVE
a. District representatives and questions of General plenary power
apportionment Nature of Legislative Power
b. Party-list system Legislative power is the authority to make, alter and repeal
C. Privileges, Inhibitions, and Disqualifications laws. It is vested by the Constitution in the Congress,
D. Discipline of Members except to the extent reserved to the people by the
E. Process of Law-making provisions on initiative and referendum. (CONST. Art. VI,
F. Quorum and Voting Majorities Sec.1)
G. Appropriation and Re-alignment
H. Legislative inquiries and Oversight functions Congress
I. Power of Impeachment Legislative power is vested in Congress which consists of
J. Electoral Tribunals the Senate and the House of Representatives.
K. Commission on Appointments
L. Initiative and Referendum General Rule: Congress cannot delegate its legislative
power under the principle of non-delegation (delegata
potestas non potest delegari or delegated power may not
be delegated).
A. LEGISLATIVE POWER
Exceptions: (PLATE)
1. SCOPE AND LIMIATION
To the extent reserved to the People by the provision on
initiative and referendum.
Classification of Powers
Delegation to Local government
1. Legislative
Delegation of rule-making power to Administrative bodies
a. General plenary power
Congress may delegate Tariff powers to the President
b. Specific power of appropriat on (will be discussed
Emergency powers delegated by Congress to the
in subsection (G))
President
c. Taxation and expropriation
d. Legislative investigations (will be discussed in
Classification of Legislative Power (C0r0De):
subsection (H))
1. Constituent - The power to propose amendments
e. Question Hour
to the Constitution.
2. Non-Legislative
2. Ordinary - The power to pass ordinary laws
a. Canvass presidential elections
3. Original - Possessed by the people in their
b. Declare the existence of a state of war
sovereign capacity, exercised via initiative and
c. Delegation of emergency povers
referendum.
d. Call special election for President and Vice
4. Delegated - Possessed by Congress and other
President
legislative bodies by virtue of the Constitution
e. Give concurrence to treaties and amnesties
Limits
f. Propose constitutional amendments
Substantive - limitations on the content of laws.'
g. Confirm certain appointment (will be discussed in
Procedural - limitations on the manner of passing laws.5
subsection (K))
Congress cannot pass irrepealable laws.

4 Note: No law shall be passed establishing a state religion. 5 Note: Generally, a bill must go through three readings on
three separate days.
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Local Legislative
Local legislative bodies are allowed by our Constitution to
legislate on purely public matters. Since what was given to
local legislative bodies are not poWer to make rules and
regulations but legislative powe , the rules on valid
delegation do not apply. However, when what is given to
local legislative body is execut ve power, the rules
applicable to the empowerment of administrative agencies
also becomes applicable (Rub! v. Provincial Board, G.R.
No. L-14078. 1901).
Requisites of A Valid Ordinance: (Must NOT CUPPU,
Must be GC)
Must not Contravene the Constitution or any statute
Must not be Unfair or oppressive
Must not be Partial or discriminatory
Must not Prohibit, but may regulate trade
Must not be Unreasonable
Must be General and Consistent with public policy
(Magtajas v. Pryce Properties, G.R No. 1 1097, 1994).
People's Initiative on Statutes
Initiative
The power of the people to propose amendments to the
Constitution or to propose and enact legislation called for
the purpose (RA 6735, Sec. 3(a)).
Three Types Of Initiative (CSL)
1. Initiative on the Constitution - A petition proposing
amendments to the Constitution
2. Initiative on Statutes - A petitio proposing to enact a
national legislation.
3. Initiative on Local Legislation - petition proposing to
enact a regional, provincial city, 1municipal, or
barangay law, resolution or ordnance (RA 6735, Sec.
3(a)).
Local Initiative
Not less than 2,000 registered voters in case of
autonomous regions, 1,000 in case of provinces and cities;
100 in case of municipalities, and 50 in case of barangays;
may file a petition with the Regiohal Assembly or local
legislative body, respectively, proPosing the adoption,
enactment, repeal or amendment of any law, ordinance or
resolution. (RA No 6735, Sec.13)
Limitations on the Power of Loca Initiative Should not
be exercised more than once a year;
Extended only to subjects or matters which are within the
legal powers of local legislative bodies to enact;
If the local legislative body adopts the proposition in toto
before the initiative is held, the initiat ve shall be cancelled.
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Those against such action may apply for initiative. (RA
6735, Sec. 15).
Limitation on Local Legislative Body vis-a-vis Local
Initiative
Any proposition or ordinance approved through an initiative
and referendum shall not be repealed, modified or
amended by the Sanggunian within 6 months from its date
of approval, and may be amended, modified, repealed
within 3 years thereafter by a vote of 3/4 of all its members.
In case of barangays, the period shall be 18 months after
approval.(LGC, Sec.125)
Indirect Initiative
Exercise of initiative by the people through a proposition
sent to the Congress or the local legislative body for action
(RA 6735, Sec.3, Par(b))
Referendum
refers to the power of the electorate to approve or reject
legislation through an election called for the purpose (RA
6735, Sec. 3(c)).
Required Petition
1. Petition should be registered with the Commission on
Elections (RA 6735)
2. Should be signed by at least 10% of the total number
of registered voters
3. Every legislative district must be represented by at
least 3% of the registered voters thereof
The petition to be signed by the people should contain a
definite proposal of the amendment of the Constitution; not
merely a general question whether they approve of the
amendment or not (Lambino v. COMELEC, G.R. No.
174153, 2006).
Two Classes Of Referendum (RA 6735, Sec. 3(c))
Referendum on statutes - petition to approve or reject an
act or law, or part thereof, passed by Congress
Referendum on local laws - legal processes whereby the
registered voters of the local government units may
approve, amend or reject any ordinance enacted by the
Sanggunian (LGC, Sec 126).
Matters Which May Not Be the Subject of Initiative or
Referendum (RA 6735, Sec. 10)
A petition embracing more than one subject.
Statutes involving emergency measures.
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Initiative v. Referendum Notes:

INITIATIVE
The power of the people to
propose bills and laws, and
to enact or reject them at
the polls independent of
the legislative assembly.
REFERENDUM
The right reserved to the
people to adopt or reject
any act or measure which
has been passed by a
legislative body and which
in rriost cases would,
1 his satisfaction (Bemas, 1987 Philippine Constitution:
without action on the part
of electors, become a la
• The 1973 Constitution provided for two concurrent
legislative agencies: (1) Batasang Pambansa and (2)
President.
• The legislative power of Batasan was ordinary, while
the legislative power of the President was
extraordinary. Hence, the President in his judgment
may undo what the legislature might have done not to
A Commentary, 684, 2009).

The President under a Martial Law Rule or in a Revolutionary Government

Revolutionary Government
During the period from 1972 to 1987, the laws of the
Philippines did recognize the legislative power lodged in
the presidency. Today, the 1987 Constitution has not
disturbed this fact and still recognizes the legitimate
exercise of legislative power by then President Ferdinand
Marcos (Bernas, 1987 Philippine Constitution: A
Commentary, 681, 2009).
a. Martial Law Powers and Artic e XVII of the 1973
Constitution
Shortly after martial law and the birth of the 1973
Constitution the legislative power in the President, as
flowing from his martial law powers and Article XVII,
Section 3(2) of the 1973 Constitution, was recognized as
extraordinary legislative power given to the President to
enable him to cope with an extraordinary situation
especially at a time when there was no operating
legislative body (Aquino, Jr. v. COMELEC, G.R. No. L-
40004, 1975).
b. Amendment No. 6
In 1976, Amendment No. 6 clarified the legislative power
of the President: "Whenever in the judgment of the
President (Prime Minister), there exists a grave emergency
or threat or irnminence thereof, or Whenever the interim
Batasang Pambansa or the regular Netional Assembly fails
or is unable to act adequately on any Tatter for any reason
that in his judgment requires immediate action, he may, in
order to meet the exigency, issue the necessary decrees,
orders or letters of instruction, which shall form part of the
law of the land."
The legislative power given in Amendment no. 6 is also
concurrent with that of the regular Batasang Pambansa
(Legaspi v. Minister of Finance, G.R. No. L-58289, 1982).
a. Proclamation No. 3
After the 1986 revolution, President Corazon Aquino
assumed revolutionary legislative power and, on March 25,
1986 issued Proclamation No. 3, the Provisional Freedom
Constitution. Article II, Section 1 vested legislative power
in the President until a legislature is elected and convened
under a new Constitution.
b. 1987 Constitution
Section 6 of the Transitory Provisions of the 1987
Constitution provides that "The incumbent President shall
continue to exercise legislative powers until the first
Congress is convened."
President Corazon Aquino exercised legislative power
alone while President Ferdinand Marcos exercised
legislative power concurrently first with the interim
Batasang Pamabansa and then with the regular Batasang
Pambansa (Bemas, 1987 Philippine Constitution: A
Commentary, 685, 2009).
President Corazon Aquino lost her legislative power on
July 26, 1987 when Congress was convened.
Power to Tax (Sec. 28 (1))
Limitations: (UP PED)
- The rule of taxation should be Uniform.
- Congress should evolve a Progressive system of
taxation.
The VAT law is constitutional since progressive
system of taxation is not a judicially enforceable
right. (Tolentino v. Secretary of Finance, G.R.
115455, August 25, 1994).
- The power to tax must be exercised for a F. ublic purpose
because the power exists for the general welfare.
- It should be equitable.
- The flue process and equal protection clauses of the
Constitution should be observed.

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Constitutional Tax Exemption - The following properties
are exempt from real property taxes (Sec. 28(3)): (MACS)
- Mosques
- All lands, buildings and improvements actually, directly
and exclusively used for re igious, charitable, or
educational purposes.
- Charitable institutions.
- Churches, and parsonages or convents appurtenant
thereto.
- Non-profit Cemeteries.
Other Exemptions Under Article XIV:
All revenues and assets of non-stock non-profit
educational institutions are exempt from taxes and duties
provided that such revenues and assets are actually,
directly and exclusively used for educational purposes
(Sec. 4 (3)).
Grants, endowments, donations or contributions used
actually, directly and exclusively for educational purposes
shall be exempt from tax, subject to conditions prescribed
by law (Sec. 4 (4)).
Power to Fix Rates (Sec. 28 (2))
Delegation of Power to Fix Rates - Congress may, by
law, authorize the President to fix the following: (TITO)
Tariff rates
Import and export quotas
Tonnage and wharfage dues
Other duties and imposts within the framework of the
national development program
Summary of Limitations
a. Substantive
a. Express Limitations
1. Bill of Rights
i. No law shall be passed abridging freedom
of speech, of expression, etc.
ii. No law shall be made respecting an
establishment of religion or prohibiting the
free exercise thereof;
iii. No law impairing the obligation of
contracts shall be passed;
iv. No ex post facto law or bill of attainder
shall be enacted
2. On Appropriation
i. The procedure in approving appropriations
for the Congress shall strictly follow the
procedure for appr*ing appropriations for
other departments 6nd agencies;
ii. Prohibition against use of public money or
property for religious purpohe;
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POLITICAL LAW
iii. No specific funds shall be appropriated or
paid for use or benefit of any religion, sect,
etc., except for priests, etc. assigned to
AFP, penal institutions, etc.
3. On Taxation
i. No law granting any tax exemption shall be
passed without the concurrence of a
majority of all the Members of the
Congress
ii. All money collected on any tax levied for a
special purpose shall be treated as a
special fund and paid out for such purpose
only
iii. All revenues and assets of non-stock, non-
profit educational institutions used
actually, directly and exclusively for
educational purposes shall be exempt
from taxes and duties
4. On Constitutional appellate jurisdiction of
Supreme Court
i. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court
as provided in the Constitution without its
advice and concurrence
ii. No law granting title of royalty or nobility
shall be passed
b. Implied Limitations
1. Prohibition against irrepealable laws; and
2. Non-delegation of powers (NACHURA)
c. Jurisprudence
• Power of Congress to provide Holdover:
Congress cannot provide for the holdover of
elective officers if the same would go beyond their
terms fixed by the Constitution (Datu Abas Kida v.
Senate, OR No 196271, October 18, 2011)
• Power of Congress to create new Term and
appoint Occupant of Position: Congress
cannot create a new term and effectively appoint
the occupant of the position for the new term (Id.)
• Power to grant franchise for Public Utilities:
Congress cannot grant legislative franchises for
the operation of public utilities which shall be
exclusive in character and which shall not be
subject to amendment, alteration or repeal when
common good so requires. (Tawang Multi
purpose Coop. v. La Trinidad Water District, OR
No 166471, March 22, 2011)
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b. Procedural
1. There must only be one subject to be stated in the
title of the bill to prevent hodgepodge or log-rolling
legislation.
2. 3 readings on separate days, printed copies of the
bill in its final form distributed to members 3 days
before its passage, except if President certifies to its
immediate enactment to meet a public calamity or
emergency; upon its last reading, no amendment
allowed and the vote thereon taken immediately
and the yeas and nays entered into the Journal
3. Appropriation, revenue, tariff, and bills authorizing
the increase of public debts, bills of local application
and private bills shall originate exclusively in the
House of Representatives
NON-LEGISLATIVE
Informing function
The power of Congress, when it investigates, is not limited
to oversight or in aid of legislation. Equally important and a
fundamental power and duty of Congress is its informing
function by way of investigating for the purpose of
enlightening the electorate. "The informing function of
Congress should be preferred even to its legislative
function [for] the only really self-governing people is that
people which discusses ancl interrogates its
administration" (Akbayan v. Aquino, G.R. 170516, 2008; J.
Azcuna, Separate-Dissenting opinion citing Schlesinger,
10, 76-77 quoting Wilson, Congressional Government,
278, 279, 299, 301, 303).6
Other non-legislative powers
To act as national board of canvassers for President and
Vice President (PHIL. CONST. art. VII, § 4).
To decide whether the President is temporarily disabled in
the event he reassumes his office after the Cabinet, by a
majority of vote of its members, declares that he is unable
to discharge the powers and duties of his office (PHIL.
CONST. art. VII, § 11).
To concur in the grant of amnesty by the President (PHIL.
CONST. art. VII, § 19).
To act as a constituent assembly for the revision or
amendment of the Constitution (PHIL. CONST. art. XVII,
§1 and §2).
To call special election for President and Vice-President
(PHIL. CONST. art. VII, §10).
Delegation of emergency powers (PHIL. CONST. art. VI,
§23(2)).
6 Note: The dissent is contrary to the majority opinion.
Nevertheless, it defines the information function of the
Congress.
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POLITICAL LAW
Declare the existence of state of war (PHIL. CONST. art.
VI, §23(1)).
Confirm certain appointments (PHIL. CONST. art. VII,
§16).
Revoke or extend proclamation of suspension of privilege
of writ of habeas corpus or declaration of martial law (PHIL.
CONST. art. VII, §18).
Power with regard to utilization of natural resources (PHIL.
CONST. art. XII, §2).
To initiate (HOR) and, to try all cases of impeachment
(Senate),(PHIL. CONST. art. XI, § 2-3.)
2. PRINCIPLE OF NON-DELEGABILITY; EXCEPTIONS
General Rule: Legislative power is vested in Congress
which consists of the Senate and the House of
Representatives by the sovereign Filipino people.
Congress cannot delegate its legislative power under the
maxim delegata potestas non potest delegari (delegated
power may not be delegated).
Exceptions: (PLAP)
Delegation to the People — To the extent reserved to the
people by the provision on initiative and referendum.
Delegation to Local government units— Local legislative
bodies are allowed by our Constitution to legislate on
purely public matters. Since what was given to local
legislative bodies are not power to make rules and
regulations but legislative power, the rules on valid
delegation do not apply. However, when what is given to
local legislative body is executive power, the rules
applicable to the empowerment of administrative agencies
also become applicable (Rubi v. Provincial Board, G.R. No.
L-14078, 1901).
The BP0 issued by the Punong Barangay is not an undue
delegation of legislative power for it merely orders the
perpetrator to desist from (a) causing physical harm to the
woman or her child; and (2) threatening to cause the
woman or her child physical harm. Such function of the
Punong Barangay is purely executive in nature, in
pursuance of his duty under the LGC to "enforce all laws
and ordinances," and to "maintain public order in the
barangay." (Garcia v. Drilon, 2013)
Delegation of rule-making power to Administrative
Bodies — power to issue supplementing rules and
regulations provided that the delegation must be complete
ATENEO CENTRAL
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and must prescribe sufficient standards. It also includes
the determination of the presence of the conditions for the
law to take effect.
4, Rationale:
o Increasing complexity of the task of government
o Lack of technical competence on the part of
Congress to provide for specific details of
implementation
o Administrative agencies may fill up details of the
statute for implementation
o Legislature may pass contingent legislation
"which leaves to another body the business of
ascertaining facts necessary to bring the law into
action (ABAKADA v. Ermita, G.R. No. 168056,
2005).
• If there was a valid delegation, administrative rules and
regulations are just binding as if it was written in the
law.
• Administrative agencies may not issue regulations that
contravene the law (Solicitor General v. Metro Manila
Authority, G.R. No. 102782, 1991) nor may they add to
the standards set by law (Tatad v. Secretary ofEnergy,
G.R. No. 124360, 1997).
• Administrative rules and regulations may be penal in
nature provided that:
o such a violation is made a crime by the delegating
law;
o penalty of such is provided in the statutes
o the regulation is published.
• Powers of Congress which are not to be delegated are
those that are strictly or inherently legislative. Purely
legislative power is the authority to make a complete
law - complete as to the time it shall take effect or to
whom it shall be applicable and to determine the
expediency of the enactment
Delegation to the President
• Congress may delegate tariff powers to the President
• Section 28(2) authorizes Congress to delegate the
power to fix tariff rates, import and export quotas,
tonnage, wharfage dues, and other duties and
impost.
• Emergency powers delegated by Congress to the
President.
Art. VI, Sec. 23(2) authorizes Congress to give the
President the power necessary anci proper to carry out a
declared national policy in times of war or other national
emergency pursuant to law.
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POLITICAL LAW
Test of Valid Delegation
1. Completeness Test — The law must state the policy
that must be carried out or implemented and leave no room
for the delegate to legislate; nor allow discretion on their
part to say what the law is; there must be nothing left for
the delegate to do but to enforce the law.
2. Sufficiency of Standard — The limits are sufficiently
determinate and determinable to which the delegate must
conform in the performance of his actions.
Examples:
Public interest (People v. Rosenthal, G.R. Nos. L-46076
and L-46077, 1939).
Fair and equitable employment practices (Eastern
Shipping Lines v. POEA, supra)
justice and equity
public convenience and welfare
simplicity, economy, and efficiency.
Note:
Standards may be expressed or implied from the law taken
as a whole (Edu v. Ericta, G.R. No. L-32096, 1970). They
can even be gathered in other statute of the same subject
matter (Chongbian v. Orbos, G.R. No. 96754, 1995).
A law allowing a judge to inflict punishment of
imprisonment in its discretion without any designated limits
is invalid (People v. Dacuycoy, G.R. No. L-45127, 1989).
Section 8 of PD 910 regarding the Malampaya funds
provides: "all fees, revenues and receipt...under the
Petroleum Act of 1949; as well as the government
share...shall form part of a special fund to be used to
finance ,energy resource development and exploitation
programs and projects of the government and for such
other purposes as may be hereafter provided by the
President." This is not a valid delegation of legislative
power. The provision constitutes an undue delegation of
legislative power insofar as it does not lay down a sufficient
standard to adequately determine the limits of the
President's authority (Belgica v. Ochoa, G.R. No. 208566,
2013).
Congress can only delegate, usually to administrative
agencies, rule-making power or law execution. This
involves either of two tasks for the administrative agencies:
Subordinate Legislation: Filling up the details of an
otherwise complete statute; or
Contingent Legislation: Ascertaining the fact necessary to
bring a "contingent" law or provision into actual operation.
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Any post-enactment congressional measure should be House of Representatives

limited to scrutiny and investigation. In particular, Composition: Not more than 250 members, unless
congressional oversight must be confined to the following: otherwise fixed by law, consisting of:
(SAHM) a. District Representatives: elected from legislative
Scrutiny based primarily on Congress' power of districts apportioned among the provinces, cities and
appropriation and the budget hearings conducted in the Metropolitan Manila area
connection with it b. Party-list Representatives: shall constitute 20% of the
Its power to ask heads of departments to Appear before total number of the members of the House of
and be Heard by either of its Houses on any matter Representatives including those under the party-list.
pertaining to their departmentst and its power of (RA No. 7941)
confirmation and investigation
Monitoring of the implementation of laws pursuant to the Term of Office
power of Congress to conduct inquiries in aid of legislation 3 years, commencing at noon on the 30th day of June next
following their election
Any action or step beyond thal will undermine the
separation of powers guaranteed by the Constitution. Term Limit
Legislative vetoes fall in this class (Abakada Guro Party No member of HOR shall serve for more than 3
List v. Purisima, G.R. No. 166715, 2008). consecutive terms. Voluntary renunciation of the office for
any length of time shall not be considered as an
Reorganization "involves the reduction of personnel, interruption in the continuity of his service for the full term
consolidation of offices, or abolition thereof by reason of for which he was elected.
economy or redundancy of function." The general rule has
always been that the power to abolish a public office is List of Qualifications for both Senators and Members
lodged with the legislature. The exception, however, is of the House
that as far as bureaus, agencies or offices in the executive The qualifications of both Senators and Members of the
department are concerned, the President's power of House are LIMITED to those provided by the Constitution.
control may justify him to inactivate the functions of a Congress cannot, by law, add or subtract from these
particular office, or certain laws may grant him the broad qualifications (PHIL. CONST. art. VI, § 3&6) (Pimentel v.
authority to carry out reorganization measures (Malaria COMELEC, G.R. No. 161658, 2008).
Employees v. Romulo, G.R. 160093 2007).
Qualifications for Senate and House of
B. HOUSES OF CONGRESS (ART. VII Representatives:
SENATOR REPRESENTATIVE
I
What are the houses of congress? Natural-born citizen of the Philippines
0. Senate Able to read and write
1. House of Representatives At least 35 years old on At least 25 years old on
the DAY OF THE the DAY OF THE
ELECTION ELECTION
Senate Registered voter Registered voter in the
Composition: 24 who are elected at large by the qualified district in which he shall be
voters of the Philippines. (CONST. Att.V1, Sec.2) elected (except party-list
representatives)
Term of Office Resident of the Philippines Resident of the said
6 years commencing at noon on the 30th day of June for at least 2 years district for at least 1 year
following their election (CONST. , Art. VI, Sec.4) immediately preceding the immediately preceding
election election (except party-list
Term Limit representative)
No Senator shall serve for more than 2 consecutive terms. Term of 6 years Term of 3 years
Voluntary renunciation of the office for any length of time Commencing at noon on Commencing at noon on
shall not be considered as an interruption in the continuity June 30, June 30, next following
of his service for the full term for which he was elected next following their their election
(CONST. Art VI, Sec.4) election
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Term limit: no more than 2 Term limit: no more than 3
consecutive terms conecutive terms
(a) District representatives and questions of
apportionment
District Representative (Sec. 5)
Elected from legislative districts that are apportioned in
accordance with the number of inhabitants in each area
and on the basis of a uniform and progressive ratio.
Qualifications
(1) Natural born citizen
6. At least 25 years of age on the day of the election
7. Able to read and write
8. Registered voter in the distric in which he shall be
elected
9. A resident of the Philippines for a period of not less
than 1 year immediately preceding the day of the
election;
Creation of Legislative Districts
Only Congress can create provinces and cities because
the creation of provinces and cities necessarily includes
the creation of legislative districts, a power only Congress
can exercise under Section 5, Article VI of the Constitution
and Section 3 of the Ordinance appended to the
Constitution. The ARMM Regional Assembly cannot
create a province without a legislat ve district because the
Constitution mandates that every province shall have a
legislative district (Sema v. COMELEC, G.R. No. 177597,
2008).
A law converting the municipality of Mandaluyong into a
highly urbanized city resulting to onversion of city into
congressional district was held t be valid (Tobias v.
Abalos, G.R. No. L-114783, 1994).
When a municipality is converted into a city large enough
to entitle it to one district, the incidental effect is splitting
the district into two. This does not need a consensus.
There is no need for plebiscite under Art. X of the
Constitution when one district is split into two, because you
are not creating new juridical personalities or dividing the
territory per se. There is only a need for plebiscite if you
are creating a new Local Government Unit.
The COMELEC cannot correct the imbalance resulting
from the increase of districts by transferring districts. The
COMELEC must wait for a legislative enactment.
Apportionment (Sec. 5 (1, 3-4))
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The standards used to determine the apportionment of
legislative districts is meant to prevent 'gerrymandering.'
Gerrymandering
the formation of one legislative district out of separate
territories for the purpose of favoring a candidate or a party
(Navarro v. Executive Secretary, G.R. No. 180050, 2010).
NOTE:
A province is entitled to at least one representative, with
nothing mentioned about population; a city must first meet
a population minimum of 250,000 in order to be similarly
entitled. Plainly read, Section 5(3) of the Constitution
requires a 250,000 minimum population only for a city to
be entitled to a representative, but not so for a province
(Senator Aquino III and Mayor Robredo v. Commission on
Elections, G.R. No. 189793, 2010)
To be entitled to an additional district, a city does not have
to increase its population by another 250,000. While Sec.
5(3), Art. VI requires a city to have a minimum population
of 250,000 to be entitled to a representative, it does not
have to increase its population by another 250,000 to be
entitled to an additional district.
Rules of apportionment of legislative districts
c. Under the Constitution
1. Legislative districts shall be made in accordance with
the number of respective inhabitants on the basis of a
uniform and progressive ratio
2. Each district shall comprise, as far as practicable,
Contiguous, Compact and Adjacent territory. (CCA)
3. Each city with at least 250,000 inhabitants will be
entitled to at least one representative while each
province will have at least one representative.
4. Each province, irrespective of the number of
inhabitants, is entitled to at least 1 representative
5. Legislative districts shall be re-apportioned by
Congress within 3 years after the return of each
census.
d. Jurisprudence
• 250,000 minimum population requirement for
Provinces: There is no specific provision in the
Constitution that fixes a 250,000 minimum population
that must compose of every legislative district. What
the Constitution provides is a 260,000 minimum
population only for a city to be entitled to a
representative, but not so for a province. (Aquino v.
COMELEC, GR No. 189793, April 7, 2010)
• 250,000 only to create an initial legislative
district: The requirement for cities applies only to its
ATENE0 CENTRAL
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initial legislative district. The Constitution does not
require a city to increase its population by another
250,000 to be entitled to an additional district (Id.)
• Necessity of Confirmation by Plebiscite: The
creation of legislative districts does not need
confirmation by plebiscite if it does not involve the
creation of a local government unit (Bagabuyo v.
COMELEC, GR No. 176970, December 8, 2008)
Difference of Reapportionment In Sec. 5(10), Art. VI
and the Creation of LGU In Sec. 10, Art. X.
In the former, the purpose is to ensure better access to
one's district representative in Congress. No political or
corporate unit is created. Thus, there is no need for a
plebiscite in the creation, dissolution, or any other similar
action on a legislative district.
In the latter, political and corporate units are created or
altered. These possess legal ersonality and are
considered "instrumentalities of the State in carrying out
the functions of government". They exercise special
functions for the sole benefit of cc:i-istituents. Thus, the
need for a plebiscite to expressly secure the consent of the
people affected by the creation, division, merger, abolition
or alteration of boundaries of local government units
through a plebiscite (Bagabuyo v. COMELEC, G.R. No.
176970, 2008).
Party-list system
Party-List Representatives (Sec. 5 2))
Constitute 20% of the total number of representatives (the
total includes the party-list representatives). The maximum
number of House of Representative members is set at 250,
which means a maximum of 50 part-list members are
allowed. But this number can be ihicreased through a
passage of a law (Banat v. COMELEC, G.R. Nos. 179271
& 179295, 2009).
However, for 3 consecutive terms ater the ratification of
the 1987 Constitution (1987-1992, 1992-1995 and 1995-
1998) from February 2, 1987 until 1998, one half of the
seats allocated to party-list representatives shall be filled
as provided by law, by selection or elction from the labor,
peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided
by law, except the religious sector (PHIL. CONST. art. VI,
§5(2)).
Under Art. XVIII, Sec. 7, until a law is pèssed, the President
may fill by appointment from a list f nominees by the
Page 21 of 320
POLITICAL LAW
respective sectors the seats reserved for sectoral
representation.
RA 7941, the Party-List System Act was approved on
March 3, 1995. This law put into place the mechanics for a
party-list system of representation based on election and
ended the appointment of sectoral representatives by the
President as provided in the Transitory Provisions.
For the purposes of the May 1998 elections, the first 5
major political parties on the basis of party representation
in the House of Representatives at the start of the Tenth
Congress of the Philippines shall not be entitled to
participate in the party-list system.
Mechanics (RA 7941, Sec. 8)
Registered party-lists, organizations, or coalitions shall
submit to the COMELEC a list of not less than five (5)
nominees in order of priority.
• A person may be nominated in one (1) list only.
• Only persons who have given their consent in
writing may be named in the list.
• Candidates for any elective office in the
immediately preceding election shall be
disqualified from becoming a nominee.
• No change of names or alteration of the order of
nominees shall be allowed after the same shall
have been submitted to the COMELEC,
Exceptions:
- When the nominee dies, or
- Withdraws in writing his nomination,
- Becomes incapacitated in which case the name of the
substitute nominee shall be placed last in the list.
Incumbent sectoral representatives in the House of
Representatives who are nominated in the party-list
system shall not be considered resigned.
The parties, organizations, and coalitions shall be ranked
from the highest to the lowest based on the number of
votes garnered during elections. (Sec. 11, R.A. 7941).
Parameters In Party-List Elections
20% of the total number of the membership of the House
of Representatives is the maximum number of seats
available to party-list organizations, such that there is
automatically one party-list seat for every four existing
legislative districts.
Garnering 2% of the total votes cast in the party-list
elections guarantees a party-list organization one seat.
The guaranteed seats shall be distributed in a first round
ATENEO CENTRAL
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of seat allocation to parties receiving at least two percent
of the total party-list votes.
The additional seats, i.e. the remaining seats after
allocation of the guaranteed seats, shall be distributed to
the party-list organizations incluciing those that received
less than 2% of the total votes. The additional seats shall
be distributed to the parties in second round of seat
allocation according to the two-step procedure laid down in
the BANAT Decision of 21 April ?009 as clarified in this
Resolution. The continued operation of The 2% threshold
as it applies to the allocation of th additional seats is now
unconstitutional because this theshold mathematically
and physically prevents the filling Lip of the available party-
list seats.
The three-seat cap is constitutional. The three-seat cap is
intended by the Legislature to prevent any party from
dominating the party-list system. /There is no violation of
the Constitution because the 1987 Constitution does not
require absolute proportionality for the party-list system.
The well-settled rule is that courts will not question the
wisdom of the Legislature as long as it is not violative of
the Constitution (Banat v. COMELlEC, G. R. No. 179271,
2009).
Seat Allocation for the Party-list Representatives
Rank all party-lists according to vo es received;
Determine the 2% qualifiers (divide votes received by
party-list by total vote)
Determine the additional seats.
Deduct the number of guaranteed seats (2% qualifiers)
from the maximum allowed seats, ex. e.g. Assume there
are 17 with guaranteed seats (2% qualifiers) then 55 is the
maximum allowed seats (220 x 20%) so, 55 — 17 = 38
seats left;
Divide the number of votes received by all parties
(qualifiers and non-qualifiers) by the total number of votes
cast, as in #2) and multiply the available seats (e.g., 38
seats)
Distribute the additional seats (rounded down) in
accordance to the ranking.
Take note of the three seat cap. ( ANAT v. COMELEC,
G.R. No. 179271, 2009)
Qualifications of Party List Representatives (RA 7941,
Sec. 9)
Natural born citizen of the Philippines;
Registered voter;
Resident of the Philippines for a period of not less than 1
year immediately preceding the daN; of the election;
At least 25 years of age on the day of the election (youth
sector nominee must be at least 25 years but not more than
30 years old on day of election);
Able to read and write;
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POLITICAL LAW
A bona fide member of the party ,or organization he seeks
to represent for at least 90 days 'before the day of the
election.
A nominee who changes his sectoral affiliation within the
same party will only be eligible for nomination under the
new sectoral affiliation if the change has been effected at
least six months before the elections (Amores v.
HRET, G.R. No. 189600, 2010).
Guidelines For The Election Of Party List
Representatives
Three different groups may participate in the party-list
system:
national parties or organizations,
regional parties morganizations, and
sectoral parties or organization (Atong Paglaum v.
COMELEC, G.R. No. 203766, 2013).
• Principle of Social Justice: The inspiration of the
system is social justice understood in both the
economic and political sense.
• Participation not Limited to Sector6I Groups:
Participation in the system is not limited to the
sectors enumerated by-the Constitution or law.
• Groups must comply with Constitution and
other applicable laws: The enumeration of
marginalized and under-represented sectors is not
exclusive. The crucial element is not whether a
sector is specifically enumerated, but whether a
particular organization complies with the
requirements of the Constitution and RA 7941.
Moral disapproval, without more, is not a sufficient
governmental interest to justify exclusion of
homosexuals from participation in the party-list
system (Ang Ladled LGBT Party v. COMELEC,
G.R. No. 190582, 2010).
• Concept of Economically Marginalized: The
enumerated sectors must be economically
marginalized because that is what disables them
from successfully engaging in the political struggle.
• Rule on National and Regional Organizations:
The national and regional organizations need not be
economically marginalized and do not need to
organize along sectoral lines but they must be
politically or ideologically disadvantaged or
marginalized.
• Rule on purely Sectoral -Parties: purely sectoral
parties or organizations may either be 'marginalized
and underrepresented or lacking in 'well-defined
political constituencies'. It is enough that their
principal advocacy pertains to the special interest
and concerns of their sector.
ATENEO CENTRAL
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(a) Marginalized and Underrepresented sectors:
(HI FLOW PUV)
1. Handicapped
2. Indigenous Cultural Communities
3. Fisher Folk
4. Labor
5. Overseas Workers
6. Peasant
7. Urban Poor
8. Veterans
(b) Sectors that lack 'well defined political
constituencies' (PWEY)
1. Professionals
2. Women
3. Elderly
4. Youth
• Rule on Political Party Participation: Political
parties can participate in party-list elections
provided they register under the party-list system
and do not field candidates in legislative district
elections. A political party, whether major or not,
that fields candidates in legislative district elections
can participate in party-list elections only through its
sectoral wing that can separately register under the
party-list system. The sectoral wing is by itself an
independent sectoral party, and is linked to a
political party through a coalition. (Atong Paglaum
v. COMELEC, G.R. No. 203766, 2013)
Its nominees must be able to contribute to the formation
and enactment of legislation that will benefit the nation (RA
7941, sec. 2)
• Rule on Nominees and Members
a) The rule on nominees and members coming
from the sector they intent to represent
applies ONLY to the sectoral parties or
organizations. It is enough that a majority of
the members of the sectoral parties or
organization must belong to the marginalized
and underrepresented sector they represent.
The same is true for those who lack well-
defined political constituencies.
i. The nominees of sectoral parties or
organizations mu6t either be:
1. belong to the r respective sectors;
Or
2. must have a track record of
advocacy for their respective
sectors
ii. The nominees of national and regional
parties or organizations must be bona
fide members of such parties or
organizations.
Page 23 of 320
POLITICAL LAW
b) National, regional and sectoral parties or
organizations shall not be disqualified if some
of their nominees are disqualified, provided
that they have at least one nominee who
remains qualified.
Disqualifications: The party or organization must not be
disqualified under Sec 6, R.A. 7941:
religious sector;
advocates of violence or unlawful means of seeking its
goal;
foreign party or organization;
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;
fails to comply with laws, rules or regulations relating to
elections;
declares untruthful statements in its petition;
ceased to exist for at least 1 year; or fails to participate in
the last 2 preceding elections or, fails to obtain at least 2%
of the votes cast under the party-list system in the 2
preceding elections for the constituency in which it has
registered.
Note: The word "or" is a disjunctive term signifying
disassociation and independence of one thing from the
other things enumerated; it should, as a rule, be construed
in the sense in which it ordinarily implies, as a disjunctive
word. Thus, the plain, clear and unmistakable language of
the law provides for two (2) separate reasons for delisting.
(Philippine Guardians Brotherhood Inc. v. COMELEC,
G.R. No. 190529, 2010)
The party or organization must not be an adjunct of, or a
project organized, or an entity funded, or assisted by the
foreign government.
Who determine whether a party represents
marginalized sector?
COMELEC has jurisdiction to determine whether an
organization applying for the party list system represents
marginalized sector. It cannot be challenged by certiorari
because the decision is based on facts and the SC does
not try facts (V.C. Cadangen v. COMELEC, G.R. 177179,
2009).
Sectoral parties are not required to adduce evidence
showing their track record that they have undertaken to
further the cause of the sector they represent. It is sufficient
that their ideals are geared towards the cause of the sector
ATENEO CENTRAL
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they represent (Abang-Lingkod v COMELEC, G.R. No. District v. Party List Representatives
206952, 2013).

Term and Tenure:

TERM TENURE
Is the party list system synonymous with that of the The period during which The period during which
sectoral representation? the ' elected officer is such officer actually holds
According to Atong Paglaum Case, the party-list is not legally authorized to his position
synonymous with that of the sectoral representation. The assume his office and
framers of the 1987 Constitution did not intend to leave out exercise the powers
non-sectoral parties in the party-list system and exclusively 1
thereof
limit it to sectoral groups. Cannot be reduced May be Unified by law

Ways by Which Tenure of Members of Congress May , DISTRICT PARTY-LIST

Be Shortened: (FRED) REPRESENTATIVE REPRESENTATIVE
Forfeiture of his seat by holding any other office or As to Election or Selection
employment in the government or any subdivision, agency, ',
or instrumentality thereof, including government-owned or Elected according to Elected nationally, with
controlled corporations or subsidiaries (PHIL. CONST. art legislative district by the party-list organizations
VI, § 13); constituents of such garnering at least 2% of all
Voluntary Renunciation of office (PHIL. CONST. art VII, 1 district the votes cast for the
2). party-list system entitled to
1 seat, which is increased
Expulsion as a disciplinary action for disorderly behavior
according to proportional
(PHIL. CONST. art VI, § 16, 3). representation, but is in no
Disqualification as determined by resolution of the electoral 1 way to exceed 3 seats per
tribunal in an election contest (PHIL. CONST. art VI, § 17). organization.

Vacancy and Special Election As to Residency Requirement

In case of vacancy in the Senate or in the House of
Must be a resident of his No special residency
Representatives, a special election may be called to fill
legislative district for at requirement in a legislative
such vacancy in the manner prescribed by law, but the least '[1 year immediately district
Senator or Member of the House of Representatives thus before the election
elected shall serve only for the unexpired term.'
As to manner of candidate's election
Special Election (R.A. 6645)
Elected personally (i.e. by Voted upon by party or
Special election will be called if vacancy occurs:
name, of candidate) organization. It is the party
At least 18 months before the next i-egular election for the who designates who will sit
members of the Senate; as its representative.
At least 1 year before the next regular election for
,
members of Congress As:to effect of change of affiliation during the term
1
The particular House of Congress where vacancy occurs
must pass either a resolution if Congress is in session, or Does not lose seat if If she/he changes party or
he/she changed party or affiliation, loses his seat, in
the Senate President or the Sleaker must sign a
affiliation which case he/she will be
certification, if Congress is not in session, substituted by another
Declaring the existence of vacancy qualified person in the
Calling for a special election to be held within 45 to 90 days party/organization based
from the date of the resolution or certification on the list submitted to the
The Senator or representative elected shall serve only for COMELEC.
the unexpired term.
As to manner of filling vacancies

7Note: Filling of a vacancy in Congress falls within the

discretion of Congress.
Page 24 of 320
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In case of vacancy, a In case of vacancy, a

special election may be substitution will be made Requirements to avail of the privilege of speech and
held provided that the within Ithe party, based on debate
vacancy takes place at the list submitted to the i. that the remarks must be made while the legislature or
least 1 year before the COMELEC the legislative committee is functioning, that is, in
next election session; and
I ii. that they must be made in connection with the
As to effect of losing in the prievious election discharge of official duties
I
A district representative is A party-list representative
not prevented from cannot sit if he ran and lost Inhibitions
1 (Sec. 12)
running again as a district in the revious election. All Members of the Senate and the House of
representative if he/she Representatives shall, upon assumption of office, make a
lost during the previous full disclosure of their financial and business interests.
election. They shall notify the House concerned of a potential
I conflict of interest that may arise from the filing of a
As to effect of change of affiliation prior to election
proposed legislation of which they are authors.
I
A change in affiliation A change in affiliation
within months prior to within 6 months prior to Therefore, senators and representatives are not prohibited
election does not prevent electioh prohibits the party- from introducing bills that have conflicts with their interest,
a district representative list representative from as long ps they disclose.
from running under his sitting as representative
new party. under his new Disqualifications (Sec. 13 & 14)
party/oIirganization.
DISQUALIFICATION WHEN APPLICABLE
C. PRIVILEGES. INHIBITIONS AND Cannot hold any other During his term. If he
DISQUALIFICATIONS office or employment in does so, he forfeits his
the Government
1 or any seat in Congress.
Privileges (Sec. 11) subdivision, agency or
Immunity From Arrest— Legislatoris are privileged from instrumentality thereof,
arrest while Congress is in session only (whether regular including GOCCS or their
or special) with respect to offenses pUnishable by not more subsidiaries.
than 6 years of imprisonment. The immunity does not
extend to the prosecution of criminal offenses. Cannot be appointed During the term for which
Privilege Speech — No member shall be questioned or to any Office which was he was elected
held liable in any forum other than his/her respective created, or the emoluments
7
Congressional body for any debate speech in Congress
or in any Committee thereof.
thereof increased

Cannotlpersonally appear During his term of office.

Limitations: as counsel before any
court of justice, electoral
Protection is only against prosecutiol in any forum other
than Congress itself. Hence, the Senate or the House may tribunal quasi-judicial and
discipline their respective members. administrative body.
The 'speech or debate' must be made in performance of Cannot be financially During his term of office.
their duties as members of Congress.1 interested directly or
Congress need not be in session when the utterance is indirectly in any contract,
made, as long as it forms part of legislative action (e.g. part franchise, or special
of the deliberative and communicative process used to privilege granted by the
participate in legislative proceedings in consideration of Government, or any
proposed legislation or with respect to other matters with subdivision, agency or
Congress' jurisdiction) instrumentality thereof,
including any GOCC or its
subsidiary.

Page 25 of 320
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Cannot intervene in any During his term of office
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.
A congressman cannot buy nominal amount of shares in a
corporation in a suit before the SEC and appear in
"intervention." This is a circumvention of the constitutional
policy (Puyat v. De Guzman, G.R. No. L-51122, 1982).
Rules on Increase in Salaries (Sec. 10)
No increase in their salaries shall take effect until after the
expiration of the full term (not tenure) of all the members of
the Senate and the House of Representatives approving
such increase.
Since the Constitution provides for rules on "salaries" and
not "emoluments", members of the -louse may appropriate
for themselves other sums of money such as travel
allowances, as well as other benefits.
A new senator or representative elected through special
election is not entitled to the new salary rate because the
new members are serving the terms of those who
approved the increase. Thus, they are not entitled to the
increase.
Right of Members to Attend Congressional Sessions
Sen. Trillanes, who remained in detention, cannot be
allowed to go to the Senate to attend all its official
functions. All prisoners whether under preventive detention
or serving final sentence cannot practice their profession
nor engage in any business or occupation, or hold office,
elective or appointive, while in detention. This is a
necessary consequence of arrest and detention. The
presumption of innocence does not carry with it the full
enjoyment of civil and political rights (Tr/lanes v. Judge
Pimentel, G.R. No 179817, 2008).
D. DISCIPLINE OF MEMBERS (SEC. 16)
1. SUSPENSION - shall not exceed 60 days, with the
concurrence of 2/3 of all its mernbers.
2. EXPULSION - concurrence of 2/3 of all its members.
Nature of Disciplining Authority
Each House may determine the rules of its proceedings,
punish its Members for disorderly behavior, and, with the
concurrence of 2/3 of all its members, suspend or expel a
Page 26 of 320
POLITICAL LAW
Member. A penalty of suspension, when imposed, shall not
exceed 60 days. (CONST Art. VI, Sec.16, Par.(3))
The disciplinary action taken by Congress against a
member is not subject to judicial review because each
House is the sole judge of what disorderly conduct is
(Osnieria v. Pendatun, G.R. No. L-17144, 1960).
The Parliamentary immunity of members of Congress is
not absolute. While parliamentary immunity guarantees
the legislator complete freedom of expression without fear
of being made responsible before the courts or any other
forum outside of Congressional Hall, it does NOT protect
him (her) from responsibility before the legislative body
itself whenever words and conduct are considered
disorderly or unbecoming a member thereof.
For unparliamentary conduct, members of Congress can
be censured, committed to prison, suspended, even
expelled by the votes of their colleagues (Osmeria v.
Pendatun, G.R. No. L-17144, 1960).
Is preventive suspension considered an interruption
of a term?
Preventive suspension is not considered "interruption" of a
term under Sec. 8, Art. X and Sec. 43 (b) of R.A. 7160. A
preventive suspension cannot simply be considered an
interruption because the suspended official continues to
stay in office although barred from exercising the functions
and prerogatives of the office within the suspension,period.
The best indicator of the suspended official's continuity in
office is the absence of a permanent replacement and the
lack of the authority to appoint one since no vacancy exists
(Aldovino v. COMELEC, G.R. No. 184836, 2009).
1
Authority of Sandiganbayan to Suspend
A Congressman can be preventively suspended by the
Sandiganbayan for violation of Anti-Graft Law
notwithstanding the exclusive power of Congress to
discipline its members. The suspension contemplated in
Article VI, Section 16(3) of the Constitution is a punishment
that is imposed by the Senate or House of Representatives
upon an erring member. It is distinct from the suspension
under Section 13 of the Anti-Graft and Corrupt Practices
Act, which is not a penalty but a preventive measure.
Since Section 13 of the Act does not state that the public
officer must be suspended only in the office where he is
alleged to have committed the acts which he has been
charged, it applies to any office which he may be holding
(Santiago v. Sandiganbayan, G.R. No. 128055, 2001).
ATENEO CENTRAL
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E. PROCESS OF LAW-MAKING
Bills that must originate in the House (PuP-TL)
1. Bills authorizing the increase of Public debt.
2. Private bills.
3. Tariff bills.
4. Bills of Local application. (Sec. 24)
Bills of Local Application
A bill of local application, such as one asking for the
conversion of a municipality into a city, is deemed to have
originated from the House provided that the bill of the
House was filed prior to the filing of the bill in the Senate;
even if in the end, the Senate approved its own version
(Tolentino v. Secretary of Finande, G.R. No. 115455,
1995).
Private Bills
One affecting purely private interest such as one granting
a franchise.
Tariff Bill
One that specifies the rates or duties to be imposed on
imported articles
Bill Authorizing Increase of the Public Debt
One which creates public indebtedness such as bills for the
issuance of bonds and other forms of obligations
Revenue Bills
One specifically designed to raise money or revenue
through imposition or levy.
• For example, registration fees used for the construction
and maintenance of highways. (PAL vs. Edu, G.R. No.
L-41383, 1988).
• The Videogram Regulatory Board Law imposing a tax
on video rentals does not make the law a revenue bill
because the purpose is primarily regulation, and not to
raise revenue. (Ti v. Videogram Regulatory Board,
G.R. No. L-75697, 1987)
General Limitations (Sec. 26)
Every bill shall embrace only one (1) subject, as expressed
in the title thereof, which does not have to be a complete
catalogue of everything stated in the
An Act creating the Videogram Regu atory Board included
30% tax on gross receipts on video transactions was held
to be valid. Taxation is sufficiently related to regulation of
the video industry (Ti v. Videogram Regulatory Board,
G.R. No. L-75697, 1987).
Page 27 of 320
POLITICAL LAW
It is sufficient that the title expressing the general subject
of the bill and all the provisions of the statute are germane
to such general subject (Sumulong v. COMELEC, G.R. No.
L-48609, 1941).
Bills passed by either House must pass 3 readings on
separate days, and printed copies thereof in its final form
distributed to its members 3 days before its passage.
FIRST READING - Only the title is read; the bill is passed
to the proper committee
SECOND READING - Entire text is read and debates are
held; amendments introduced.
THIRD READING - Only the title is read, no amendments
are allowed. Vote shall be taken immediately thereafter
and the yeas and nays entered in the journal.
Exceptions:
When the President certifies to the necessity of the bill's
immediate enactment to meet a public calamity or
emergency, the 3 readings can be held on the same day
When the offices of the President and Vice-President are
both vacant, the bill calling for a special election to elect a
President and Vice-President is deemed certified. (Art. VII,
Sec. 10).
Specific Limitations
No law shall be enacted increasing the Supreme Court's
appellate jurisdiction without the SC's advice and
concun-ence. (Sec. 30)
No law shall be enacted granting titles of royalty or nobility.
(Sec. 31)
Operative Fact Doctrine
• The Operative Fact Doctrine is a rule of equity that
provides that a law produces effects until it is declared
unconstitutional. As such, it must be applied as an
exception to the general rule that an unconstitutional
law produces no effects.
• It can never be invoked to validate as constitutional an
unconstitutional act. The unconstitutional law remains
unconstitutional, but its effects, prior to its judicial
declaration of nullity, may be left undisturbed as a
matter of equity and fair play.
Exception:
The doctrine of operative fact does not always apply, and
is not always the consequence of every declaration of
constitutional invalidity. It can be invoked only in situations
where the nullification of the effects of what used to be a
ATENEO CENTRAL
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valid law would result in inequity and injustice; but where
no such result would ensue, the general rule that an
unconstitutional law is totally ineffective should apply.
(Araullo v. Aquino Ill, G.R. No. 209287, July 1, 2014)
An unconstitutional law is void and produces no rights,
duties, and affords no protection. Being void, Fertiphil is
not required to pay the levy and all levies paid should be
refunded in accordance with the Operal civil code principle
against unjust enrichment. Post operative fact doctrine
cannot be invoked if it will constitute an unjust enrichment.
In the case of Planters v. Fertiphil, the tax on fertilizers had
already been collected and applied to a private
corporation's needs. This was by virtue of the law imposing
the tax. If the operative fact doctrine would be applied in
this case it would sanction the enrichment of the Planters
Product at the expense of the Fertiphil. (Planters Products,
Inc. v. FertiPhil Corporation, 548 SICRA 485)
BICAMERAL CONFERENCE COMMITTEE — an extra-
constitutional creation which is intended to resolve conflicts
between House and Senate versions of bills. (Bemas,
1987 Philippine Constitution: A Commentary, 790, 2009).
Scope Of The Bicameral Conference Committee's
Powers: (A2R2P)
Adopt the Bill entirely; or
Amend; or
Revise; or
Reconcile the House Bill and the Senate Bills;
Propose entirely new provisions not found in either the
House Bill or the Senate Bill. (Arrindments in the nature
of a substitute)
Limitation: So long as the amendment is germane to the
subject of the bill before the Committee.
In a bicameral system, bills are inlependently processed
by both Houses of Congress. It is not unusual that the final
version approved by one House differs from what has been
approved by the other. The "conference committee,"
consisting of members nominated from both Houses, is an
extra-constitutional creation of Congress whose function
is to propose to Congress ways of reconciling conflicting
provisions fOund in the Senate version and in the House
version of a bill.
It is within the power of a conference committee to include
in its report an entirely new provision that is not found either
in the House bill or in the Senate bil . If the committee can
propose an amendment consist ng of one or two
provisions, there is no reason why it cannot propose
several provisions, collectively considered as an
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"amendment in the nature of a substitute," so long as such
amendment is germane to the subject of the bills before
the committee. After all, its report was not final but needed
the approval of both houses of Congress to become valid
as an act of the legislative department (Tolentino v.
Secretary of Finance, G.R. No. 115455, 1994).
PRESIDENTIAL VETO
Every bill passed by Congress shall be presented to the
President beforeit becomes law. To approve, he shall sign
it. Otherwise, he shall veto the bill. (Sec. 27 (1))
OVERRIDING A VETO
The President shall transmit to House where the bill
originated. If, after such reconsideration, 2/3 of all the
members of such House shall agree to pass the bill, it shall
be sent, together with the objections, to the other House
by which it shall likewise be reconsidered, and if approved
by 2/3 of all the members of that House, it shall become
law.
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. (Sec. 27 (1))
ITEM VETO
General Rule: As a general rule, if the President
disapproves of a provision in a bill approved by congress,
he must veto the entire bill.
Exception: As an exception, he is allowed in the case of
(1) appropriation, (2) revenue, and (3) tariff bills to
exercise item-veto. (Sec. 27 (2)).
Exceptions to the Exception:
DOCTRINE OF INAPPROPRIATE PROVISIONS - A
provision that is constitutionally inappropriate for an
appropriation bill may be subject to veto even if it is not an
appropriation or revenue "item". (Gonzalez v. Macaraig,
Jr., G.R. No. 87636, 1990).
EXECUTIVE IMPOUNDMENT- Refusal of the President to
spend funds already allocated by Congress for a specific
purpose. It is in effect, an "impoundment" of the law
allocating such expenditure of funds.
Note:
There is no doctrine for or against executive
impoundment. It has not been judicially questioned.
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Type of Item Bill ENROLLED BILL JOURNAL RECORD

TYPE OF BILL ITEM Official copy of Abbreviated Word for word
approved account of daily transcript of
Revenue/tax bill Subject of the tax, and legislation, With proceedings in deliberations
tax rate mposed certifications of Congress in Congress
thereon presiding officers
Appropriations bill lndivisib e sum dedicated to Submitted to the Provides proof Provides
a stated purpose President for of what detailed proof
signature, transpired of what
indicating approval during transpired
VETO OF RIDER - A rider is a provision that does not
deliberations during
relate to a particular appropriation stated in an
deliberations
appropriation bill. Being an invalid provision under Section
Insures publicity Supports the
25 (2), the President may exercise item veto.
of legislative journal entry
proceedings
Internal Rules
As part of their inherent power, each House may determine
Cases When the Constitution Requires Yeas And Nays
its own rules. Hence, the courts cannot intervene in the
implementation of these rules insofar as they affect the To Be Recorded
Last and third readings of a bill
members of Congress.
Upon 1/5 members' request
Re-passing a bill over Presidential veto
Congressional Journals and Records (Sec. 16)
Adjournment
General Rule: The Journal is conclusive upon the courts.
Neither House during the sessions of the Congress, shall
Exception: An enrolled bill prevailS over the contents of
the Journal. without the consent of the other, adjourn for more than 3
days, nor to any other place than that in which the two
ENROLLED BILL - The official copy of approved Houses shall be sitting. (CONST., Art. VI, Sec.16, Par(5))
legislation and bears the certifications of the presiding
officers of each House. Thus, where the certifications are Types of Adjournment
1. Day to day
valid and are not withdrawn, the contents of the enrolled
bill are conclusive upon the courts as regards the provision 2. Yearly
of that particular bill. 3. Sine die — with no appointed date for resumption

ENROLLED BILL DOCTRINE —The signing of a bill by the
Speaker of the House and the President of the Senate and
its certification by the secretaries of both Houses of
Congress that such bill was passed are conclusive of its
due enactment (Arroyo v. De Venecia, G.R. No.127255,
1997).
'Place'
Refers not to the building but to the political unit where the
Houses may be sitting.
F. QUORUM AND VOTING MAJORITIES
Sessions (Sec. 15)
Regular sessions — Congress convenes once every year
on the 4th Monday of July (unless otherwise provided for
by law). It continues in session for as long as it may
determine, until 30 days before the opening of the next
regular session, excluding Saturdays, Sundays, and legal
holidays.

Special Sessions called by the President at any time

when Congress is not in session

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Regular v. Special Session HOUSE OF REPRESENTATIVES

In a special session, the Congress may consider 'general
legislation or only such subjects as the President may
Nature of Proceeding Required Votes Basis
designate; while in a regular session, the power of the
Congress is not circumscribed ex ept by limitations.
Affirm / Override 1/3 of All Sec. 3(3),
Kinds of Recess Resolution to Impeach Art. XI
a. Voluntary Recess: takes place before the adjournment
of Congress like Christmas recess
b. Compulsory Recess:: takes place when the Congress
adjourns COMMON TO BOTH

Quorum to do business — Majority of each House shall Nature of Proceeding Required Votes , Basis
constitute a quorum.
• A smaller number may adjouiln from day to day and 2/3 of All Sec. 16(3)
may compel the attendance of absent members. Discipline Members
• In computing a quorum, members who are outside the
country, and thus outside of each House's coercive Majority of All Sec. 16(1)
Election of Officers
jurisdiction are not included.
• Majority in Senate: The basis in determining the 2/3 ofBoth Sec. 23
existence of a quorum in the Senate is the total number Declare the
Existence of a State Houses, voting
of Senators who are in the &ountry and within the separately
coercive jurisdiction of the Senate (Avelino v. Cuenco, of War
GR. No. L-2821, 1949).
• Majority of the 'House: means 1/2 +1 of the actual Override President's 2/3 of All in the Sec. 27(1)
membership of the House who are within the coercive House of Origin
Veto
jurisdiction of the Congress (wffhin the Philippines).
• Majority of all members oif Congress: means Majority w/in Sec. 16(2);
majority of the entire composition of Congress Quorum to do Compulsive Avelino V.
regardless of the number of members present or Power of the Cuenco
business
absent during time the question is brought to the floor House
as long as there is quorum (i.e. (24/2) +1 for the Senate
and (250/2) +1 for the HOR) 1/5 of Members Sec. 16(4)
Yeas and Nays in the present of each
Voting Majorities of Congress Journal house
SENATE

Nature of Majority of All Sec. 28(4)

Required Votes Basis Tax Exemption
Proceeding
For the effectivity of 2/3 of All Sec. 21, Art. Majority of Both Art. VII,
treaty or VII Confirmation of new Houses, voting Sec. 9
international VP nominated by separately
agreement President

Conviction in 2/3 of All Sec. 3(6),

Impeachment Art. XI Determination that 2/3 of Both Art. VII,
Pres. Unable to Houses, voting Sec. 11
discharge powers & separately
duties

To break a tie in Majority of All, Art. VII,

voting separately Sec. 4
presidential election

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Majority of All, Art. VII, G. APPROPRIATION AND RE-ALIGNMENT

Revocation of Proc.
Of Martial Law/ voting jointly Sec. 18
Appropriation Bills
Suspension of Priv.
The primary and specific aim is to appropriate a sum of
of Writ of Habeas
money from the public treasury. (e.g., Budget).
Corpus
A bill creating a new office, and appropriating funds for it is
of All, Art. VII, not an appropriation bill.
Extension of Proc. Of Majority
voting jointly Sec. 18
ML/Suspension. Of
General Rule: No money shall be paid out of the National
Priv. of WHC
Treasury (Sec. 29).
To Concur w/ Majority of All Art. VII,
Excepfion: In pursuance of an appropriation made by
President in granting Sec. 19
law.
amnesty
• This rule does not prohibit continuing
appropriations (e.g. for debt servicing). This is
Instances when Congress is votirg Separately because the rule does not require yearly or annual
1. Choosing the President (CONST. Art.VII, Sec.14) appropriation.
2. Determine President's disability (CONST. Art.VII,
Sec.11) Limitations:
3. Declaring existence of a state of war in joint session Cannot increase the appropriations recommended by the
CONST. Art.V1, Sec.23) President for the operation of the Government as specified
4. Confirming nomination of Vice-President (CONST, in the budget. (Sec. 25 (1))
Art.V1, Sec.9) The provisions must relate specifically to some particular
5. Proposing Constitutional amendments (CONST., Art. appropriation therein and any such provision or enactment
XVII, Sec.1) must be limited in its operation to the appropriation to
which it relates. (Sec. 25 (2))
Instances when Congress voting Jointly The procedure in approving appropriations for Congress
1. Revoking or extending proclamation suspending the shall strictly follow the procedure for approving
privilege of writ of habeas corpus (CONST. Art.VII, appropriations for other departments and agencies. (Sec.
Sec.18) 25 (3))
2. Revoking or extending declaration of martial law A special appropriations bill must specify the purpose for
(CONST. Art.VII, Sec.18) which it is intended and must be supported by funds
actually available as certified by the National Treasurer or
Officers of Congress (Sec. 16) to be raised by a corresponding revenue proposal therein.
Senate President (Sec. 25 (4))
Speaker of the House • Special Appropriations Bill: (1) Must specify
Such other officers as it may deem necessary. purpose for which it is intended; (2) Supported
by funds actually available (certified by
Election of Officers National Treasurer) OR raised by revenue
• By a majority vote of all respective members proposal
• The Senate has prerogative to choose how to elect Appropriations must be for a public purpose
other officers apart from the Senate President and Cannot appropriate public funds or property, directly or
House Speaker. So the Court cannot de-proclaim indirectly, in favor of. (Sec. 29 (2))
Guingona (Tatad v. Guingona, G.R. No. 134577, Any sect, church, denomination, or sectarian institution, or
1988). system of religion, or
• The Senate President or Speaker of the HOR is elected Any priest, preacher, minister, or other religious teacher or
through a majority vote of all its respective Members, dignitary as such.
and such other officers as may deem necessary.
(CONST. Art. VI, Sec.16, Par.(1)) Exception: if the priest, etc. is assigned to: (APOL)
1. The Armed Forces
2. Any Penal institution
3. Government Orphanage

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4. Government Leprosarium
The government is not prohibi ed from appropriating
money for a valid secular purpose, even if it incidentally
benefits a religion. (e.g. appropriations for a national police
force is valid even if the police also protects the safety of
clergymen)
A valid appropriation may have several related purposes
that are by accounting and budget ng practice considered
as one purpose, e.g., maintenan6e and other operating
expenses (MOOE), in which case, the related purposes
shall be deemed sufficiently specifi6 for the exercise of the
President's item veto power. (Belthca v. Ochoa, G.R. No.
208566, 2013)
An appropriation may be validly apportioned into
component percentages or values provided that each
percentage or value must be allocated for its own
corresponding purpose for such component to be
considered a proper line-item. (Belgica v. Ochoa,
208566, 2013)
The temporary use of public property for religious purposes
is valid, as long as the property is aN, ailable for all religions.
The TRB, by warranting to compensate MNTC for loss of
revenue resulting from the non-implementation of the
periodic and interim toll fee adjustments, violates the
constitutionally-guaranteed act and exclusive power of the
Legislature to appropriate money for public purpose from
the General Funds of the Government. (Francisco v. Toll
Regulatory Board, G.R. No. 166910, 2010)
Congressional pork barrel is unconstitutional
(PERLAS-BERNABE)
1. Violates the doctrine of separation of powers —
Congress intrudes in the eXecution of the project.
It grants the legislators the authority to participate
in post-enactment pliases of project
implementation and the power to identify the
project they decided to be funded through 2013
PDAF Articles
2. Violates the non-delegability of legislative
power —When legislators arJe given persona lump-
sum fund for which they are able to dictate and
personally determine the 9mount of fund to be
used and its beneficiary, the principle of non
delegability is violated s'nce the power to
appropriate is done by law and lodged with
Congress collectively and not with its individual
members
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3. Violates Checks and Balance — The President
cannot exercise his item-veto power because the
purpose of the lump-sum discretionary budget is
still uncertain. Furthermore, it cannot be
considered an item because an item is defined in
the field of appropriations as the particulars,
details, distinct and severable parts of the
appropriation or of the bill.
4. Violates Accountability under Article XI,
Section 1 of the Constitution — The fact that
individual legislators are given post-enactment
roles in the implementation of the budget makes it
difficult for them to become disinterested
"observers when scrutinizing, investigating or
monitoring the implementation of the appropriation
law (Belgica v. Hon. Ochoa, 2013)
Malampaya and Presidential Social Fund violates the
non-delegability of legislative power (PERLAS-
BERNABE)
• Malampaya fund - The phrase "and for such
other purposes as may be hereafter directed by
the President" under Section 8 of PD 910
constitutes an undue delegation of legislative
power-insofar as it does not lay down a sufficient
standard to adequately determine the limits of
the President's authority with respect to the
purpose for which the Malampaya funds may
be used. (Belgica v. Hon. Ochoa, 2013)
• Presidential Social Fund - "to finance the priority
' infrastructure development projects" under
Section 12 of Presidential Decree No. 1869, as
amended by Presidential Decree No. 1993, for
both failing the sufficient standard test in violation
of the principle of non-delegability of legislative
power. (Belgica v. Hon. Ochoa, 2013)
Special Funds (Sec. 29 (3))
Money collected on a tax levied for a special purpose shall
be treated as a special fund and paid out for such purpose
only.
Once the special purpose is fulfilled or abandoned, any
balance shall be transferred to the general funds of the
Government.
Transfer of Appropriation (Sec. 25 (5))
General Rule: No law shall be passed authorizing any
transfer of appropriations.
Exception: The following may, by law, be authorized to
augment any item in the general appropriations law for
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their respective offices from savings in other items of their
respective appropriations.B
President
Senate President
Speaker of the House of Representatives
Chief Justice of the Supreme Court
Heads of the Constitutional Commissions
The requisites for the valid transfer of appropriated
funds under Sec. 25 (5):
There is a law authorizing the President, Senate President,
Speaker, Chief Justice, and heads of the Constitutional
Commissions;
The funds to be transferred are savings generated from the
appropriations for their respective offices; and
The purpose of the transfer is to augment an item in the
general appropriations law for their respective offices.
Considering the above requisites, the following
activities under the DAP are unconstitutional:
The withdrawal of unobligated allotments from the
implementing agencies and the declaration of the
withdrawn unobligated allotments and unreleased
appropriations as savings prior to the end of the fiscal year
and without complying with the sItatutory definition of
savings contained in the General Appropriations Act;
Unobligated allotments were encompassed by the first part
of the definition of "savings" in the GAAH that is, as "portions
or balances of any programmed appropriation in this Act
free from any obligation or encumbrTnce." However, NBC
No. 541 (Authority of DBM to withdraw unobligated
allotments) did not set in clear terms the criteria for the
withdrawal of unobligated allotments. It only specified that
the withdrawal of unobligated allotmlents will be for those
"slow- moving projects" in order "to fund priority and/or
fast-moving programs/projects." The problem is that such
withdrawn money does not satisfy the category of being a
saving since it is not technically considered as abandoned
or discontinued project
Cross-border transfers of savings of the executive
department to offices outside the executive department;
Funding of projects, activities, proggams not covered by
appropriations in the General Appropriations Act (Araullo
v. Aquino, G.R. No. 209287, 2014).
Savings could be generated only when the purpose of the
appropriation is fulfilled., or when the need for the
appropriation being no longer existent. However, since
information on actual revenue collections and targets are
8 Note: The list is exclusive.
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made available every quarter or at such time as the DBM
may prescribe, actual revenue surplus may be determined
accordingly and release from unprogrammed funds may
take place even before year end. The exercise of the
power to augment shall be strictly construed by virtue of its
being an exception to the general rule that the funding of
PAPs shall be limited to the amount fixed by Congress for
the purpose. (Araullo v. Aquino, G.R. No. 209287, 2015)
Discretionary Funds of Particular Officials:
- Disbursed only for public purposes
- Should be supported by appropriate vouchers
- Subject to guidelines as may be prescribed by law (Sec.
25 (6)).
Automatic Re-Appropriation
If Congress fails to pass the General Appropriations Bill
(GAB) by the end of any fiscal year, the GA law for the
preceding fiscal year is deemed reenacted. It will remain in
force and effect until Congress passes the GAB (Sec. 25
H. LEGISLATIVE INQUIRIES AND OVERSIGHT
FUNCTIONS
Scope
The power of legislative investigation includes:
(1) The power to issue summons and notices;
(2) Power to punish or declare a person in contempt
(3) The power to determine the rules of its proceedings
Legislative Inquiries (Sec. 21)
Legislative inquiries must be conducted "in aid of
legislation" which does not necessarily mean that there is
pending legislation regarding the subject of the inquiry.
Hence, the materiality of a question is determined not by
its connection to any pending legislation, but by its
connection to the general scope of the inquiry.
If the investigation is no longer "in aid of legislation" but, "in
aid of prosecution" where the stated purpose of the
investigation is, to determine the existence of violations of
the law, it is beyond the scope of congressional powers.
The sub judice rule does not apply to inquiries in aid of
legislation. The Senate Rules of Procedure Governing
Inquiries in Aid of Legislation provide that the filing or
pendency of any prosecution of criminal or administrative
action should not stop or abate any inquiry to carry out a
legislative purpose. Hence, no individual can escape the
power of the Senate to investigate, even if he or she has a
ATENEO CENTRAL
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pending administrative or criminal case (Sabio v. Gordon,
G.R. No. 174340, 2006).
ENFORCEMENT — While the Constitution does not
expressly vest Congress with the power to punish non-
members for legislative contempt, the power has
nevertheless been invoked by the legislative body as a
means of preserving its authority and dignity. (Amault v.
Nazareno, G.R. No. L-3820, 1950
Note:
The principle that Congress or any of its bodies has the
power to punish recalcitrant witnesses is founded upon
reason and policy. Said power must be considered implied
or incidental to the exercise of leg slative power. (Negros
Oriental II Electric Cooperative Inc. v. Sangguniang
Panlungsod of Dumaguete, G.R. No. L-72492, 1987)
The continuance of such incarceration only subsists for the
lifetime, or term, of such body. Thus, for each House it lasts
for only 3 years; but, if the Senate incarcerates a witness,
the term is indefinite. The Senate, With its staggered terms,
is a continuing body.
The exercise by Congress orby any of its committees of
its contempt power is based on the principle of self-
preservation. As the branch of the government vested with
the legislative power, independently of the judicial branch,
it can assert its authority and punish contumacious acts
against it. Such power is sui generis, as it attaches not to
the discharge of legislative 'functions per se, but to the
sovereign character of the legislature as one of the three
independent and coordinate branches of government.
(Standard Chartered v. Senate, G.R. No. 167173, 2007).
Limitations: (ADR)
1) The inquiry must be in Aid of legislation.
2) The inquiry must be conducted in accordance with the
'Duly published rules of procedure' of the House
conducting the inquiry; and
3) The rights of persons appearing in or affected by such
inquiries shall be Respected. (e.g., right against self-
incrimination) (Bemas, 1987 Philippine Constitution: A
Commentary, 761, 2009).
Oversight Functions (Sec. 22)
Question Hour —Appearance of department heads before
Congress to give account of their stewardship (Bemas,
1987 Philippine Constitution: A Commentary, 769, 2009).
Under Section 22, department heads (members of the It is incumbent upon the Senate to publish the rules forits
Executive Department) cannot be compelled to appear legislative inquiries in each Congress or otherwise make
before Congress. Neither may dep1rtment heads impose the published rules clearly state that the same shall be
Page 34 of 320
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their appearance upon Congress. This is in line with the
principle of separation of powers.
Department heads may appear before Congress in the
following instances:
- Upon their own initiative, with the consent of the
President (and that of the House concerned)
- Upon the request of either House
- Written questions shall be submitted to the President of
the Senate or Speaker of the House at least 3 days before
the scheduled appearance of the department heads.
- Interpellations shall not be limited to written questions,
but may cover related matters.
- The inquiry will be conducted in executive session
when:
> Required by the security of state, or public interest,
and
> When the Presidents° states in writing.
The Permissible Powers of Congressional Oversight
Scrutiny based primarily on Congress' power of
appropriation and the budget hearings conducted in
connection with it, its power to ask heads of departments
to appear before and be heard by either of its Houses on
any matter pertaining to their departments and its power of
confirmation; and Investigation and monitoring of the
implementation of laws pursuant to the power of Congress
to conduct inquiries in aid of legislation (Belgica v.
Ochoa,G.R. No. 208566, 2013).
A third power, the review of implementing rules and
regulations, is unconstitutional. Any provision that
empowers Congress or any of its members to play any role
in the implementation or enforcement of the law violates
separation of powers.
There is no such thing as a 'question hour' in the
Constitution (It is a parliamentary concept and practice).
The distinction in legislative hearings is between
investigative function and oversight function.
The mere filing of a criminal or an administrative complaint
before a court or a quasi-judicial body should not
automatically bar the conduct of legislative investigation.
The exercise of sovereign legislative authority, of which the
power of legislative inquiry is an essential component,
cannot be made subordinate to a criminal or an
administrative investigation (Standard Chartered v.
Senate, G.R. No. 167173, 2007).
ATENEO CENTRAL
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effective in subsequent Congresses or until they are Nature Discretionary Compulsory

amended or repealed to sufficiently put the public on
notice. If it was the intention of the Senate for its present "All heads of (1) President
rules on legislative inquiries to be effective even in the next departments of (2) Supreme Court
Congress, it could have easily adopted the same language the Executive Justices
it had used in its main rules regarding effectivity. Branch of the (3) Members of the
Publication in the internet does not satisfy the requirement government shall AFP if prevented by
of publication as provided in the Constitution (Garcillano v. Exempted secure the the President as the
House of Representatives, G.R. No. 170388, 2008). Persons consent of the Commander-In-Chief
President prior to (Gudani v. Senga,
Violation of internal procedures of Senate cannot, as a appearing before 2006)
general rule, be subject to judicial supervision since "Each either House of
house shall determine the rules of is proceedings." The Congress." (EO,
exceptions are when there is arbitrary and improvident use 464, Sec. 1)
of power, which ultimately denies due process (Dela Paz
v. Senate, G.R. No. 184849, 2009). (1) Executive privilege which must be
invoked by the President himself or
Question Hour vs. Legislative Investigation through the Executive Secretary by
Sections 21 and 22, while c osely related and Exempted authority of the President (Senate v.
complementary to each other, should, not be considered as Info Ermita, 2006)
pertaining to the same power of Congress. One specifically (2) Privileged information, e.g., national
relates to the power to conducti inquiries in aid of defense, diplomatic, military secrets.
legislation, the aim of which is to elici information that may (3) Right against self-incrimination
be used for legislation, while the other pertains to the
power to conduct a question hour, the objective of which is Invocation of Executive Privilege
to obtain information in pursuit of Congress' oversight Under Article VI, Section 22, the appearance of
function. department heads in the question hour is discretionary on
their pail. However, under Section 21, Congress is not
Section 22, in keeping with the separation of powers, bound to respect their refusal to appear in inquiries in aid
states that Congress may only request their appearance. Of legislation, UNLESS a valid claim of privilege is
Nonetheless, when the inquiry in which Congress requires subsequently made, either by the President herself or by
their appearance is "in aid of legislation" under Section 21, the Executive Secretary. (Senate v. Ermita, G.R. No.
the appearance is mandatory (Senate v. Ermita, G.R. No. 169777,2006)
169777, 2006).
Only the President may invoke this. If it is invoked by
LEG. some other person, there must be proof that he or she
QUESTION
INVESTIGATION has Presidential authority.
HOUR (Sec. 22,
Article VI) (Sec. 21, Article VI)
A claim of privilege, being a claim of exemption from an
Who may Only department A y person obligation to disclose information, must, therefore, be
appear heads clearly asserted. The court itself must determine whether
the circumstances are appropriate for the claim of
Entire body Entire body or its privilege, and yet do so without forcing a disclosure of the
Who
respective very thing the privilege is designed to protect. Absent then
conducts
committees a statement of the specific basis of a claim of executive
privilege, there is no way of determining whether it falls
Matters related to Any matter in aid of
under one of the traditional privileges, or whether, given
the department legislation
Subject the circumstances in which it is made, it should be
only as an
matter/ respected (Senate v. Ermita, G.R. No. 169777, 2006).
exercise of
Purpose
Congress'
The President has constitutional authority to prevent any
oversignt function
member of the Armed Forces from testifying before a
legislative inquiry by Virtue of her power as commander-in-
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chief, and that as a consequende a military officer who
defies such injunction is liable under military justice. The
only way to circumvent this is by judicial 'order because the
President may be commanded by judicial order to compel
the attendance of the military officer. Final judicial orders
have the force of the law of the land which the President
has the duty to faithfully execute (Gudani v. Senga, G.R.
No. 170165, 2006).
Inquiries in aid of legislation aim -to elicit information that
may be used for legislation, while 'question hour" pertains
to the power to conduct inquiries, the object of which is to
obtain information in pursuit of Congress' oversight
function.
When Congress merely seeks to be informed on how
department heads are implementing the statutes which it
has issued, its right to such information is not as imperative
as that of the President to whom, as Chief Executive, such
department heads must give a report of their performance
as a matter of duty. In such instances, Section 22 of Article
VI, in keeping with the separation of powers, states that
Congress may only request their appearance.
Nonetheless, when the inquiry in which Congress requires
their appearance is "in aid of legisl tion" under Section 21,
Article VI, the appearance is mandatory (Senate v. Ermita,
G.R. No. 169777, 2006).
I. POWER OF IMPEACHMENT
Power of impeachment (Article XI)
Exclusive Power To Initiate
The House of Representatives sha I have the exclusive
power to initiate all cases of impeachment (Sec. 3 (1)).
• The impeachment proceedings begin with a complaint
filed with the House of Representatives either by a
member of the House or by any citizen supported by a
resolution of endorsement by any member. The
complaint is referred to a Committee which prepares a
report (which can be favorab e or unfavorable). In
either case, the House by a vote of 1/3 of all its
members decides whether complaint should be given
due course. (Sec. 3(2-3)).
• Referral to the Committee and decision by the House
is unnecessary if the complaint is filed by at least 1/3 ofMembership in the HRET may not be terminated except for
all the members of the house (Sec 3(4)).
Exclusive power to try and decide
The Senate shall have the sole power to try and decide all
cases of impeachment. No person shall be convicted
without the concurrence of 2/3 of all the Members of the
Senate (Sec. 3 (6)). he
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The penalty imposable shall be limited to
removal from office and
disqualification to hold any office under the Republic of the
Philippine (Sec. 3(7)).
Officers Subject to Impeachment (Sec. 2) (VSCO-P)
President
Vice President
Members of the SC
Members of the Constitutional Commissions
Ombudsman
Grounds for Impeachment (Sec. 2) (GOT2 BGC)
Culpable violation of the Constitution
Treason
Bribery
Graft and Corruption
Betrayal of Public Trust
Other high crimes
J. ELECTORAL TRIBUNALS AND THE COMMISSION
ON APPOINTMENTS
ELECTORAL TRIBUNALS (Sec. 17)
The Senate and the House shall each have an Electoral
Tribunal.
Composition
3 Supreme Court Justices to be designated by the Chief
Justice.
6 Members of the Senate or House, as the case may be.
They shall be chosen on the basis of proportional
representation from the political •parties and party-list
organizations.
The senior Justice in the Electoral Tribunal shall be its
Chairman.
Nature of Tribunals
Non-partisan court. It must be independent of Congress
and devoid of partisan influence and consideration.
Disloyalty to the party and breach of party discipline are not
valid grounds for the expulsion of a member. (Bondoc v.
Pineda, GR No. 97710, September 26, 1991)
Security of Tenure
a just cause, such as the expiration of the member's
congressional term of office, his death, permanent
disability, resignation from the political party he represents
in the tribunal, formal affiliation with another political party,
or removal for other valid cause. A member may not be
expelled by the HOR for 'party disloyalty' short of proof that
has forrmally affiliated with another political group.
(Pimentel v. HRE7)
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Jurisdiction
(a) Each Electoral tribunal shall be the sole judge of all
contests relating to the (ERQ) Election, Returns and
gualifications of their respective members. This
includes determining the validity or invalidity of a
proclamation declaring a parti ular candidate as the
winner.
(b) Once a winning candidate has been:
proclaimed,
taken his oath, and
assumed office as a Member of the House of
Representatives,
the COMELEC's jurisdiction over election contests
relating to his election, returns, and qualifications ends,
and the HRETs own jurisdiction begins.
Note: The Constitution provides that a person assumes
office "at noon on the 30th day of June". The Oath of Office
the petitioner presented is not validl As far as the court is
concerned, she took her oath on 5th of June which is not
the one prescribe by the Constitution. Therefore, the
COMELEC still has jurisdiction. Before there is a valid
taking of the oath, it must be made (1) before the Speaker
of the House of Representatives, and (2) in open session.
(Ongsiako Reyes v. COMELEC, G.R. No. 207264, 2013)
Does the HRET have jurisdiction over pre-proclaimed
controversies?
No, the Electoral tribunals have no jurisdiction over pre-
proclaimed controversies which come under the
jurisdiction of the COMELEC.
Is jurisdiction lost upon withdrawal or protest?
No. Jurisdiction once acquired, is not lost upon the
instance of the parties, but continues until the case is
terminated. Mere filing of a motion to withdraw protest,
without any action on the part of the tribunal, does not
divest it of jurisdiction. An election protest is impressed
with public interest in the sense that the public is interested
in knowing what happened in the elections. Thus, private
interest must yield to the common good. (Robles v HRET,
GR No 86647, February 5, 1990)
ELECTION CONTEST - Where a defeated candidate who
received the second highest number of votes challenges
the qualifications of a winning candidate and claims for
himself the seat of a proclaimed winner.
In the absence of an election contest, the Electoral
Tribunal is without jurisdiction. However, each House can
expel its own members or even defer their oath taking until
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their qualifications are determined. This may be exercised
even without an election contest.
The power of the HRET to determine the citizenship of a
winning candidate does not include looking at the grant of
citizenship to the candidate's ascendant. That would be a
prohibited collateral attack (Vilando v. HRET, G.R. Nos.
192147& 192149, 2011).
Since the Electoral Tribunals are independent
constitutional bodies:
Neither Congress nor the Courts may interfere with
procedural matters relating to the functions of the Electoral
Tribunals.
Its members may not be arbitrarily removed from their
positions in the tribunal by the parties that they represent.
Neither may they be removed for not voting according to
party lines, since they are acting independently of
Congress.
The mere fact that the members of either the Senate or the
House sitting on the Electoral Tribunal are themselves the
ones sought to be disqualified (due to the filing of an
election contest against them) does not warrant the
disqualification of all the members of the Electoral Tribunal.
Judicial review of decisions of the Electoral Tribunals may
be had with the SC only on the ground of grave abuse of
discretion, the decision or resolution having been rendered
without or in excess of jurisdiction.
Rule Making Power
The power of the HRET, as the sole judge of all contests
relating to the election, returns and qualifications of the
Members of the House of Representatives, to promulgate
rules and regulations relative to matters within its
jurisdiction, including the period of filing election protests
before it, is beyond dispute. It's rule-making power
necessarily flows from the general power granted it by the
Constitution. (Lazatin v HRET, GR No 84297, December
8, 1998)
K. COMMISSION ON APPOINTMENTS (CA)
(Sec. 18)
Composition
- Senate President as ex-officio chairman
- 12 Senators
- 12 Members of the House
Manner of Constitution
Elected on the basis of proportional representation from
the political parties and party-list organizations within 30
days after the Senate and the House of Representatives
shall have organized with the election of the Senate
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President and the Speaker of the House (PHIL. CONST

art. VI, § 19).

The minimum required number of elected senators Limitations

belonging to the same political party in order for the party Congress cannot by law prescribe that the appointment of
to qualify for a seat in the CA is at least 2 elected senators a person to an office created by such law shall be subject
for every seat in the CA. (Guingona v. Gonzales, G.R. No. to confirmation by the CA.
106971 March 1, 1993). Appointments extended by the President to the
enumerated positions while Congress is not in session
The Constitution does not require hat the full complement shall only be effective until disapproval by the CA, or until
of 12 senators be elected to the membership in the CA the next adjournment of Congress.
before it can discharge its functions and that it is not Since the Commission on Appointments is an independent
mandatory to elect 12 senators to the CA (Guingona vs. constitutional body, its rules of procedure are outside the
Gonzales, G.R. No. 106791, March 1, 1993). scope of congressional powers as well as that of the
judiciary.
The -two houses have primary jurisdiction on who should
sit in the CA. This includes determination of party affiliation
and number of party members for burpose of determining L. INITIATIVE AND REFERENDUM
proportional representation (Drilon v. De Venecia, G.R. No.
180055, 2009). (see discussion on People's initiative-on Statute in
subsection A of this topic)
Voting
- The Commission shall rule by a majority vote of all the end of topic
Members.
- The chairman shall only vote in case of a tie.
- The Commission shall act on all appointments submitted
to it within 30 session days.
- The Commission shall meet only while Congress is in
session, at the call of its Chairman] or a majority of all its
members.

Jurisdiction
Commission on Appointments shall confirm the
appointments by the President with respect to the following
positions: (E-MA2-C)
- Heads of the Executive Departments
Exception: Appointment of Vice President as a member
of the Cabinet needs no confirmatir (PHIL. CONST. Art
VII, §15)
- Ambassadors,
- Other public Ministers or consuls
- Officers of the AFP from the rank of Colonel or Naval
Captain and above; and
- Other officers whose appointments are vested in him
by the Constitution (e.g. COMELEC members)
• Examples:
o Chairmen and commissioners of the CSC,
COMELEC, and COA
o Regular members of the Judicial Bar Council

Note: The consent of Commission on Appointments is

required only in the 1st sentence enumeration of Art. VII,
Section 16. (Sarmiento v. Mison, G.R. No L-79974, 1987)
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III. EXECUTIVE DEPARTMENT A. QUALIFICATIONS, ELECTION, AND TERM OF THE

TOPIC OUTLINE UNDER THE SYLLABUS
A. Qualifications, election, and term of the President
and Vice-President
B. Privileges, Inhibitions, and Disqualifications
C. Powers of the President
1. Executive and Administrative powers in
General
2. Power of Appointment
a. Confirmation and by-passed appointments
b. Midnight and ad interim appointments
c. Power of Removal
3. Power of Control and Supervision
a. Doctrine of Qualified I7olitical Agency
b. Executive departments and Officers
c. Local Government Units
4. Military Powers
a. Calling out power
b. Declaration of Martial Law and suspension
of the privilege of the writ of habeas
corpus; requisites and parameters of
extension
5. Executive Clemency
6. Powers pertinent to Foreign Relations
D. Rules of Succession
PRESIDENT AND VICE-PRESIDENT
Qualifications of President And Vice-President (Secs.
3-4):
PRESIDENT I VICE PRESIDENT
1. Natural-born citizen of the Philippines
2. Registered voter
3. Able to read and write
4. At least 40 years old on the day of election
5. Resident of the Philippines for at least 10 years
immediately preceding the election
6. Term of 6 years
7. Unless otherwise provided by law, term of office
commence at noon of June 30 next following the
election
Single term only; not eligible Term limitation: 2
for any reelection (but can successive terms.
run if no longer incumbent
president like President
Estrada in May 2010).
Any person who has
succeeded as President, and
served as such for more than
4 years shall NOT be
qualified for election to the
same office at any time.
Voluntary renunciation of the office for any length of
time shall not be considered an interruption in the
continuity of service.

Term of Office
The President and Vice President shall be elected by direct
vote of the people for a term of 6 years. (CONST. Art. VI!,
Sec.4)

The president shall not be eligible for any re-election. No

person who has succeeded as President and has served
as such for more than 4 years shall be qualified for election
to the same office at any time. (CONST. Art VII, Sec.4,
Par(1))

No Vice-President shall serve for more than 2 consecutive

terms. (CONST. Art. VII, Sec.4., Par.(2))

Election
1. Regular: 2nd Monday of May, every 6 years
2. Special (Requisites)
a. Death, permanent disability, removal from
office or resignation of both President and
Vice-President
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b. Vacancies occur more than 18 months before iii. 'Participating in any business.
the next regular presiciential election; and iv. Being financially interested in any
c. A law passed 'by Congress calling for a special contract with, or in any franchise,
election to elect a President and Vice or special privilege granted by the
President to be held rot earlier than 45 days government or any subdivision,
nor later 60 days from the time of such call agency or instrumentality thereof,
(CONST. Art. VII, Sec.10) including GOCCs or their
subsidiaries. (Att. VII, Sec. 13)
Congress as Canvassing Board
The proclamation of presidential and vice presidential Spouses and Cannot be appointed during
winners is a function of Congress and not of the 4th degree president's tenure as:
COMELEC (Macalintal v COMELEC, GR No. 157013, relatives of the 1. Members of the Constitutional
June 10, 2003) President Commissions
(consanguinity 2. Office of the Ombudsman
SC as the Presidential Electoral Tribunal (PET) or affinity) 3. Department Secretaries
The SC, sitting en banc, shall be the sole judge of all 4. Department Under-secretaries
contests relating to the election, returns and qualifications 5. Chairman or heads of bureaus or
of the President or Vice President, 6nd may promulgate its offices including GOCCs and their
rules for the purpose. (Macalintal v PET, GR No. 191618, subsidiaries.
November 23, 2010)
If the spouse, etc., was already in any
Oath of Office of the above offices before his/ her
Before they enter on the execution of their office, the spouse became President, he/ she
President, Vice-President or the Acting President shall may continue in office. What is
take the oath or affirmation (CONST. Art.VII, Sec.5) prohibited is appointment and
reappointment, not continuation in
B. PRIVILEGES, INHIBITIONS, AND office.
DISQUALIFICATIONS
Spouses, etc., can be appointed to the
Disqualifications: judiciary and as ambassadors and
consuls.
SUBJECT SOURCE OF DiSQUALIFICATION

President PROHIBITED FROM:

i. Holding any office or employment The Chief Presidential Legal Counsel (CPLC) has the duty
Vice-President during their tenure of giving independent and impartial legal advice on the
Exceptions: actions of the heads of various executive departments and
Cabinet • Otherwise provided in the agencies and to review investigations involving heads of
Members Constitution. (e.g., Vice executive departments and agencies, as well as other
President appointed as a Presidential appointees.
Deputies or member of the Cabinet,
Assistants of Secretary of Justice sits as an The PCGG is charged with the responsibility, under the
Cabinet ex-officio member on Judicial President, of recovering ill-gotten wealth. The offices of the
Members and Bar Counci) PCGG and CPLC are incompatible. Without question, the
• The positions are ex-officio and PCGG is an agency under the Executive Department.
they do notl receive any salary or Thus, the actions of the PCGG Chairman are subject to the
other errluments therefor. review of the CPLC (Public Interest Group v. Elma, G.R.
(e.g., Sec. of Finance is head of No. 138965, 2006).
Monetary Board)
ii. Practicing, directly or indirectly,
any other profession during their
tenure.

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Exception to the prohibition on the President and
his/her official family from holding any other office or
employment
If 4th degree relatives are alreldy in office when a
President assumes office, the relatives are not thereby
ousted from their positions. Wilat is prohibited is
appointment or reappointment aid not uninterrupted
continuance in office
Inhibitions
No increase in salaries until after th expiration of the term
of the incumbent during which such increase was
approved (Sec. 6).
Shall not, during tenure, directly or indirectly, practice any
other profession, participate in any business, or be
financially interested in any contact with, or in any
franchise, or special privilege granted by the Government
or any subdivision, agency or instrumentality thereof,
including GOCCs or their subsidiaries (Sec. 13).
Shall not receive any other emoluments from the
government or any other source (CONST. Art. VII, Sec.6)
Shall avoid conflict of interest in con uct of office (Sec. 13).
Privileges
1. Presidential immunity
Immunity from suit is personal to the President and may
be invoked by him alone. The President may waive it
impliedly, as when he himself fles suit (Soliven v.
Makasiar, G.R. No. 8287, 1988).
The presidential immunity from su t remains preserved
under our system of government, Lalbeit not expressly
reserved in the present constitutio (Rubrico, et al. v.
Gloria Macapagal-Arroyo, et al., G.R. No. 183871, 2010).
Unlawful acts of public officials are not acts of State and
the officer who acts illegally is not acting as such but stands
in the same footing as any other trespasser. Once out of
office, even before the end of the six-year term, immunity
for non-official acts is lost (Estrada Desierto, G.R. No.
146710-15, 2001).
Even if the DECS Secretary is an alter ego of the
President, the President's immunity from suit cannot be
invoked because the questioned acts are not the acts of
the President but merely those of a Department Secretary
(Gloria v. CA, G.R. No. 119903, 2000).
Duration of Presidential Immunity
After his tenure, the Chief Executive cannot invoke
immunity from suit for civil damages arising out of acts
done by him while he was President which were not
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POLITICAL LAW
performed in the exercise of official duties. (Estrada v.
Desierto, GR No. 146710, March 2, 2001)
A department secretary, even if an alter ego of the
President, cannot invoke presidential immunity in a case
filed against him because the questioned acts are not the
acts of the President. (Gloria v CA, GR No. 119903, August
15, 2000)
2. Presidential Privilege
Executive Privilege is the power of the President to
withhold certain types of information from the court, the
Congress, and the public. (Ned v. Senate, G.R. No.
180643, 2008).
For the presidential communications privilege to
apply, the following must concur:
Communications relate to a "quintessential and non-
delegable power" of the President. (e.g. the power to
enter into an executive agreement with other countries
without the concurrence of the Legislature has traditionally
been recognized in Philippine jurisprudence)
Communications are "received" by a close advisor of the
President. Under the "operational proximity" test,
Secretary Neri of NEDA can be considered a close advisor,
being a member of President Arroyo's cabinet.
There is no adequate showing of a compelling need that
would justify the limitation of the privilege and of the
unavailability of the information elsewhere by an
appropriate investigating authority.
Scope of Executive Privilege
Executive privilege covers all confidential or classified
information between the President and the public officers
covered by this executive order; including:
a. Conversations and correspondence between the
President and the public official covered by this
executive order (Chavez v Public Estates Authority)
b. Military, diplomatic and other national security matters
which in the interest of national security should not be
divulged;
c. Information between inter-government agencies prior
to the conclusion of treaties and executive agreements
Chavez v. PCGG, G.R. No. 130716,1998);
d. Discussion in close-door Cabinet meetings (Chavez v.
PCGG, G.R. No. 130716, 1998);
e. Matters affecting national security and public order
(Chavez v. Public Estates Authority, G.R. No. 133250,
2002).
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Person covered by the Privilege Difference between Presidential Communications

The person covered by the executive privilege is a person Privilege and Deliberative Process Privilege
in possession of information which is, in the judgment of Presidential
the head of office concerned, privi eged . Deliberative process
communications
privilege
privilege
Operational Proximity
Not every person who plays a role in the development of Pertains to Includes advisory opinions,
presidential advice, no matter how remote and removed communications, recommendations and
from the President, can qualify for the privilege. The documents or other deliberations comprising
materials that reflect part of a process by which
privilege should apply only comniunications authored or
presidential decision- governmental decisions and
solicited and received lay those members of an immediate making and deliberations policies are formulated
white house advisor's staff who har broad and significant
responsibility for investigation and formulating of the Applies to decision- Applies to decision-making
advice to be given The President on the particular matter to making of the President Of executive officials (and
which the communications relate (Neri v. Senate judiciary)
Committee, G.R. No. 180643, 2008 citing In re: Sealed, Rooted in the Based on common law
No. 96-3124, 121F.3d 729,326 U.S. App. D.C. 276, 1997). constitutional principle of privilege
separation of powers
Presidential communications are presumptively privileged
and such presumption can be overcome only by mere Requisites: Requisites:
showing of public need by the branch seeking access to 1. It must involve a 1. ,Predecisional — it
quintessential and precedes, in temporal
conversations. The oversight functibn of Congress may be
non-delegable power sequence, the decision
facilitated by compulsory process ONLY to the extent that of the President to which it relates.
it is performed in pursuit of legislation" (Nan v. Senate, 2. Operational proximity 2. Deliberative — reflects
G.R. No. 180643, 2008). 3. Important and the give and take of the
compelling need to be consultative process
While the final text of the JPEPA may not be kept kept confidential, no/ such that disclosure
perpetually confidential - since there should be "ample merely based on would discourage
opportunity for discussion before a treaty is approved" - the general interest candid discussion within
offers exchanged by the parties during the negotiations the agency (In Re:
continue to be privileged even after the JPEPA is Production of Court
Records and
published. Diplomatic negotiations rivilege bears a close
Documents, 2012)
resemblance to the deliberative process and presidential
communications' privilege. Clearly, the privilege accorded
to diplomatic negotiations follows as a logical consequence C. POWERS OF THE PRESIDENT
from the privileged character of the deliberative process
(Akbayan v. Aquino, G.R. No. 170516, 2008). 1. Executive Powers, In General
The ConstitUtion provides that 'Mlle executive power shall
When To Apply Executive Privilege: be vested in the President of the Philippines." However, it
Must fall within one of the above. does not define what is meant by executive power although
Must be stated with sufficient particularity so the in the same article it touches on the exercise of certain
Congress or Court can determine the legitimacy of the powers by the President, i.e., the power of control over all
claim of privilege. executive departments, bureaus and offices, the power to
Exception to Executive Privilege: execute the laws, the appointing power, the powers under
The President's generalized asserion of privilege must the commander-in-chief clause, the power to grant
yield to the demonstrated, specific need for evidence in a reprieves, commutations and pardons, the power to grant
pending criminal trial. (U.S. v. Nixon 418 U.S. 683, 1974). amnesty with the concurrence of Congress, the power to
Executive privilege cannot be used to conceal a crime or a contract or guarantee foreign loans, the power to enter into
possible wrongdoing. Thus, the specific need for evidence treaties or international agreements, the power to submit
in a pending criminal trial outwaighs the President's the budget to Congress, and the power to address
generalized interest in confidentiality (Nani v. Ermita, G.R. Congress.
No. 169777, 2006).

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The President's Executive powers are not limited to those
set forth in the Constitution. The President has residual
powers as the Chief Executive of the country, which
powers include others not set forth in the Constitution
(Marcos v. Manglapus, G.R. No. 88211, 1989).
Power of Administrative Reorgan zation
The President has the continuing authority to reorganize
the national government, which includes the power to
group, consolidate bureaus and agencies, to abolish
offices, to transfer functions, to create and classify
functions, services and activities and to standardize
salaries and materials, if effected in good faith and for the
purpose of economy or make the bureaucracy more
efficient. (MEWAP v Executive Secretary, GR No 160093,
July 31,2007)
Faithful Execution Clause
Until and unless a law is declared unconstitutional, the
President has a duty to execute it regardless of his doubts
as to its validity.
2. Power of Appointment
(a) In general
Nature of the Power to Appoint
Executive in nature; while Congress (and the Constitution
in certain cases) may prescribe he qualifications for
particular offices, the determination of who among those
who are qualified will be appointed is the President's
prerogative.
In case of vacancy in an office occupied by an alter ego of
the President, such as the office of a department secretary,
the President must necessarily appo nt an alter ego of her
choice as acting secretary before the bermanent appointee
of her choice could assume office. 'Congress, through a
law, cannot impose on the President the obligation to
appoint automatically the undersecretary as her temporary
alter ego. An alter ego, whether temporary or permanent,
holds a position of great trust and confidence. Congress,
in the guise of prescribing qualifications to an office, cannot
impose on the President who her alter ego should be
(Pimentel v. Ermita, G.R. No. 16497, 2005).
May the President appoint an individual as acting
Solicitor General and acting Secretary of Justice?
The President may not appoint an individual as acting
Solicitor General and acting Secretary of Justice in a
concurrent capacity. The designator! of Alberto Agra as
acting Secretary of Justice concurrent y with his position as
Solicitor General is in violation of the constitutional
prohibition under Article VII, Section 13. It is of no moment
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that the designation was in a temporary capacity. The
Constitution makes no reference to the nature of the
designation (Funa v. Agra, G.R. No. 191644, 2013).
Kinds of Presidential Appointments under Sec.15
a. Appointments made by an acting president
b. Midnight appoint —appointment made by a President
after the election of his successor and up to the end of
his term. This type of appointment is prohibited by the
Constitution.
c. Appointments for Partisan Political Consideration.
Those made 2 months before the next Presidential
election. This is prohibited by the Constitution.
d. Regular presidential appointments, with or without
confirmation by the Commission on Appointments, and
'recess' or 'ad-interim' appointments.
Requisites for Valid Appointment
Authority to appoint and evidence of its exercise;
Transmittal of the appointment and proof of it;
Vacant position at the time of appointment; and
Receipt of the appointment and its acceptance by the
appointee, who possesses all the qualifications and none
of the disqualifications. (Velicaria-Garafil v. OP, G.R. No.
203372, 2015).
Exceptions to Midnight Appointments Requisites
1. It is necessary to make such appointment
2. Only temporary appointments can be extended
3. Appointments only in the Executive Department
(CONST. Art. VII, Sec.15)
The Court held that the rule does not apply to
appointments made in the Supreme Court. (De Castro v.
JBC, GR No. 191002 April 20, 2010)
Ad-Interim Appointments (SEC. 16)
When Congress is in recess, the President may still
appoint officers to positions subject to CA confirmation.
These appointments are effective immediately, but are
only effective until they are disapproved by the CA or until
the next adjournment of Congress.
Applies only to positions requiring confirmation of CA
Appointments to fill an office in an 'acting' capacity are
NOT ad-interim in nature and need no CA approval.
The assumption of office on the basis of the ad interim
appointments issued by the President does not amount to
a temporary appointment which is prohibited by § 1 (2), Art.
IX-C. An ad interim appointment is a permanent
appointment because it takes effect immediately and can
no longer be withdrawn by the President once the
appointee has qualified into office. (Matibag v. Benipayo
G.R. No. 149036, 2002).
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Appointments extended by an acting President shall

What is an ad interim appointment? remain effective unless revoked by the elected President
An ad interim appointment is a permanent appointment within 90 days from assumption of office (PHIL CONST.
f li appointment made by
unless otherwise indicated. It is a art. VII, § 14)
the President while Congress is OT in session or during Two months immediately before the next presidential
recess. elections and up to the end of his/her term, a President or
Acting President shall not make appointments except
How Ad-Interim Appointments Terminated temporary appointments to executive positions when
a. Disapproval of the appointment by the CA; continued vacancies therein will prejudice public service or
b. Adjournment by the Congress without the CA acting on endanger public safety (PHIL CONST. art. VII, § 15).
the appointment (NACHURA)
(b) Commission on Appointments confirmation
Difference between Disapproval and By-Passed Regular Appointments Requiring Consent of CA
Appointments The following may be appointed by the president, subject
APPOINTMENTS BY-PASSED to approval by the Commission on Appointments (CA):
DISAPPROVED APPOINTMENTS - Heads of executive departments
- Ambassadors, consuls, and other public ministers
When the Commission When an ad-interim position - Officers of AFP from the rank of colonel or naval captain
disapproves an ad interim is by-passed because of lack - Other officers whose appointment is vested in him by
appointment, the of tiMe or failure of the the Constitution, such as:
appointee can no longer Comrnission to organize, > Chairmen and members of the COMELEC, COA, and
be extended a new there is no final decision yet. CSC.
appointment, inasmuch Absent such decision, the > Regular members of the JBC.
as the disapproval is a President is free to renew > The Ombudsman and his deputies.
final decision in the the ad-interim appointment. > Sectoral representatives in Congress, as provided in
exercise of the Transitory Provisions (Sec. 16).
Commission's checking
power on the Appointments With Prior Recommendation Or
appointment authority of Nomination By The JBC
the President. Members of the SC and judges of the lower courts; these
appointments do not need CA confirmation (Phil Const
Appointments By An Acting President (Sec. 14) art. VIII, § 9).
These shall remain effective unless revoked by the Ombudsman and his Deputies (Phil Const. art. XI, § 9).
elected President within 90 days from his assumption or
re-assumption of office. Regular Appointments Without Need Of CA
Confirmation
The power of the succeeding President to revoke All other officers whose appointments are not otherwise
appointments made by the Acting President refers only to provided for by law and those whom he may be
appointments in the Executive Department (De Castro v. authorized by law to appoint do not require CA
JBC, G.R. No. 191002, 2010). confirmation. This includes the Chairman and members of
the Commission on Human Rights (CHR), whose
The Constitutional Limitations on the President's appointments are provided for by law, and NOT by the
appointing power Constitution. (Sec. 16)
The President may not appoint his/her spouse and
relatives by consanguinity or affinity within the 4th civil Congress may, by law, vest in the President alone or in
degree as members of the: the courts, or in the heads of departments, agencies,
Constitutional Commissions boards or commissions the appointment of other officers
Orribudsman lower in rank than those mentioned above. (Sec. 16)
Department Secretaries
Undersecretaries However, Congress cannot, by law, require CA
Chairmen and heads of Bureaus and Offices confirmation of the appointment of other officers for
GOCCs (PHIL CONST. art. VII, § 13) offices created subsequent to the 1987 Constitution

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(Calderon v. Carale, G.R. No. 91636, 1992). e.g. NLRC
Commissioners, Bangko Sentral Governor.
PROCEDURE WHEN CA CONFIRMATION NEEDED:
1. Nomination by President
2. Confirmation by CA
3. Appointment by President
4. Acceptance by appointee.
• At any time before all four steps have been
complied with, the President can withdraw the
nomination or appointment.
Procedure When No CA Confirmation Needed:
1. Appointment
2. Acceptance
Once appointee accepts, President can no longer
withdraw the appointment
(c) Midnight Appointments
General Rule: Two (2) months immediately before the
next Presidential elections and up to the end of his term,
the President or Acting President shall not make
appointments. This is to prevent the practice of making
"midnight appointments."
Exception: Temporary appointments to executive
positions if continued vacancies will prejudice public
service or endanger public safety.
• Prohibition does not extend to appointments in the
Supreme Court. Had the framers intended to extend
the prohibition to the appointment of Members of the
Supreme Court, they could have explicitly done so. The
prohibition is confined to appointments in the Executive
Department. Existence of the JBC also prevents
possible abuses in appointment (De Castro v JBC,
G.R. No. 191002, April 20, 2010); overturned (In re:
Appointment of Valenzuela, AM 98-0501 SC, 1998).
• There is no law that prohibits local elective officials
from making appointments during the last days of his
or her tenure. Prohibition only applies to appointments
by the President (De la Rama v. CA, G.R. No. 131136,
2001).
• If the President is not satisfied with the list submitted
by the JBC, he may ask for another list. But once the
appointment is issued by the President and accepted
by the nominee, it needs no further confirmation.
• President may appoint SC Justice within 60 days prior
to election. Article VII deals entirely with the executive
department while Article VIII dea s with the judiciary.
Had the framers intended to lextend the 60-day
prohibition contained in Section 15, Article VII to the
Page 45 of 320
POLITICAL LAW
appointment of Members of the Supreme Court, they
could have explicitly done so. That such specification
was not done only reveals that the prohibition against
the President or Acting President making appointments
within two months before the next presidential
elections and up to the end of the President's or Acting
President's term does not refer to the Members of the
Supreme Court. The usage in Section 4 (1), Article VIII
of the word shall — an imperative, operating to impose
a duty that may be enforced — should not be
disregarded.
• The framers did not need to extend the prohibition
against midnight appointments to appointments in the
Judiciary, because the establishment of the JBC and
subjecting the nomination and screening of candidates
for judicial positions to the unhurried and deliberate
prior process of the JBC ensured that there would no
longer be midnight appointments to the Judiciary. JBC
intervention eliminates the danger that appointments to
the Judiciary can be made for the purpose of buying
votes in a coming presidential election, or of satisfying
partisan considerations. The creation of the JBC was
precisely intended to de-politicize the Judiciary by
doing away with the intervention of the Commission on
Appointments (De Castro v. JBC, G.R. No. 191002,
2010).
Power of Removal
General Rule: The express power of appointment of the
President has the corollary implied power of removal.
Hence, the President may remove appointees.
Exception: Appointments requiring certain methods for
removal (e.g., Impeachment, appointment of judges of
inferior courts (Phil Const. art. VIII, § 11; Gonzales III vs.
Office of the President of the Philippines, G.R. No. 196231,
2012).
The succeeding President may not revoke appointments
to the Judiciary made by an Acting President. Sec. 14, Art.
VII refers only to appointments in the Executive
Department. It has no application to appointments in the
Judiciary because temporary or acting appointments can
only undermine the judiciary due to their being revocable
at will...Prior to their mandatory retirement or resignation,
judges of the first or second level courts and the Justices
of the third level courts may only be removed for cause, but
the members of the Supreme Court may be removed only
by impeachment (De Castro v. JBC, G.R. No. 191002,
2010).
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The President cannot dismiss the Deputy Ombudsman
because it will undermine the independence of the
Ombudsman. However, the same rule does not apply to
the special prosecutor, which can be dismissed by the
President. (Gonzales v. OP, G.R. No. 203372, 2014)
Disciplinary Powers
The power of the President to discipline officers flows from
the power to appoint the officer, and NOT from the power
of control.
While the President may remove from office those who are
not entitled to security of tenure, or those officers with no
set terms, such as Department Heads, the officers, and
employees entitled to security of tenure cannot be
summarily removed from office.
Power of Control
The power of an officer to alter, rn dify, or set aside what
a subordinate officer has done in the performance of his
duties, and to substitute the judgment of the officer for that
of his subordinate.
The President's power of control is a self-executing
provision. The incumbent President is free to amend,
rescind and modify any political agreements entered into
by the previous Presidents (Ocampo v. Enriquez, G.R. No.
225973, 2016).
The appeal from the decision of a Department Secretary to
the President can be restricted due to the President's
power of control. It may be limited by executive order of the
President, a law providing for judicthl review, and a rule of
procedure promulgated by the Supreme Court. (Angeles v.
Gaite, G.R. No. 165276, 2009).
Power of Supervision
The power of a superior officer to ensure that the laws are
faithfully executed by subordinates.
The power of supervision does not include the power of
control; but the power of control necessarily includes the
power of supervision.
The President's power over GOCCs comes not from the
Constitution but from statute. Hence, it may similarly be
taken away by statute.
For Administrative Proceedings, decisions of Department
Secretaries need not be appealed to the President in order
to comply with the requirement of exhaustion of
administrative remedies.
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POLITICAL LAW
The execution of laws is an OBLIGATION of the President.
He cannot suspend the operation of laws.
(a) Doctrine of Qualified Political Agency or Alter Ego
Principle
QUALIFIED POLITICAL AGENCY - Acts of department
heads, etc., performed and promulgated in the regular
course of business, are presumptively acts of the
President.
Exceptions:
If the acts are disapproved or reprobated by the President.
If the President is required to act in person by law or by the
Constitution (e.g. the power to grant pardons).
(b) Executive Departments and Offices
The President may, by executive or administrative order,
direct the reorganization of government entities under the
Executive Department. Section 17, Article VII of the 1987
Constitution, clearly states: "The President shall have
control of all executive departments, bureaus and offices."
The Administrative Code also grants the President the
power to reorganize the Office of the President in
recognition of the recurring need of every President to
reorganize his or her office "to achieve simplicity, economy
and efficiency" (Tondo Medical v. Court of Appeals, G.R.
No. 167324, 2007).
The President may transfer any agency,under the Office of
the President to any other department or agency, subject
to the policy in the Executive Office and in order to achieve
simplicity, economy and efficiency (Anak Mindanao v.
Executive Secretary, G.R. No. 166052, 2007).
The creation of the Truth Commission does not fall within
the President's power to reorganize. It flows from the
faithful-execution clause of the Constitution under Article
VII, Section 17 thereof. One of the recognized powers of
the President is the power to create ad hoc committees.
This flows from the need to ascertain facts and determine
if laws have been faithfully executed or guide the President
in performing his duties relative to the execution and
enforcement of laws. The Truth Commission will not
supplant the Ombudsman or the Department of Justice or
erode their respective powers. The investigative function
of the Commission will complement those of the two offices
(Biraogo v. The Philippine Truth Commission of 2010 /
Rep. Edcel C. Legman, et al. v. Exec. Sec. Paquito N.
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Ochoa, Jr., et al., G.R. No. 1929 5 & G.R. No. 19303, While the suspension of the privilege of writ and the
2010).9 proclamation of martial law is subject to judicial review, the
actual use by the President of the armed forces is not.
(c) Local Government Units Thus, troop deployments in times of war are subject to the
The power of the president over local government units is President's judgment and discretion.
only of general supervision. He can interfere with the
actions of their executive heads only if these are contrary Limitations:
to law. 1. Suspension or proclamation is effective for only 60
days.
President exercises direct supervision over autonomous 2. Within 48 hours from the declaration or suspension, the
regions, provinces, and independert cities. President must submit a report in person or in writing
to Congress.
To facilitate the exercise of power of general supervision 3. Congress, voting jointly, by a vote of at least a majority,
of local government, the President may merge may revoke the same, and the President cannot set
administrative regions and transfer the regional center to aside the revocation.
Koronadal City from Cotabato City (Republic v. Bayao, 4. In the same manner, upon the President's initiative,
G.R. NO. 179492, 2013). Congress may extend the proclamation or suspension
for a period determined by Congress if:
MILITARY/EXTRAORDINARY POWERS a. Invasion or rebellion persists, and
b. Public safety requires it
Scope (Sec. 18)
As Commander-in-Chief of the Armed Forces, whenever Congress CANNOT extend the period motu proprio.
necessary, the President may call out the Armed Forces
to: Duty of President to report to Congress
PREVENT or SUPPRESS Section 18, Article VII, requires the President to report his
1. Lawless violence actions to Congress, in person or in writing, within 48
2. Invasion hours of such proclamation or suspension. In turn, the
3. Rebellion Congress is required to convene without need of a call
He may also: within 24 hours following the Presidents proclamation or
1. Suspend the privilege of the writ of habeas corpus suspension. Clearly, the Constitution calls for quick action
2. Proclaim a state of martial law on the part of the Congress. Whatever form that action
takes, therefore, should give the Court sufficient time to
Grounds For The Suspension Of The Privilege Of The fulfill its own mandate to review the factual basis of the
Writ Of Habeas Corpus And Declaration Of Martial proclamation or suspension within 30 days of its issuance.
Law (Fortun v. Arroyo, G.R. No. 190293, 2012)
Actual, and not merely imminent
Invasion Supreme Court Review
Rebellion; and 1. In an appropriate proceeding filed by any citizen;
Public safety requires it 2. The SC may review the sufficiency of the factual
basis of the proclamation or suspension, or the
Effects of Suspension of Writ extension thereof.
1. Proclamation does not affect the right to bail; 3. Its decision must be promulgated within 30 days from
2. Suspension applies only to persons facing charges of filing.
rebellion or offenses inherent in or directly connected
with invasion; In reviewing the sufficiency of the factual basis of the
3. Persons arrested must be charged within 3 days, if not proclamation or suspension, the Court considers only the
they must be released; and information and data available to the President prior to, or
4. Proclamation does not supersede civilian authority at the time of the declaration; it is not allowed to "undertake
an independent investigation beyond the pleadings." On

9 Note: The main defect seen in the Truth Commission was the
failure in equal protection because the purpose of its creation
was to focus on acts under GMA's admin stration.
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the other hand, Congress may take into consideration not Judicial Power to Review vs. Congressional Power to
only data available prior to, but likewise events Revoke Martial Law and Suspension of the Writ of
supervening the declaration. Unlike the Court Which does Habeas Corpus
not look into the absolute correctness of the factual basis Judicial Power to review Congressional Power to
as will be discussed below, Congress could probe deeper revoke
and further, it can delve into the accuracy of the facts
presented before it. Ragman v. Medialdea, G.R. No. Court can only refer to Congress may take into
231658, 2017) information available to the consideration:
President prior to or at the • Data available to the
Section 18, Article VII itself sets the parameters for time of the declaration President prior to or at
determining the sufficiency of the factual basis for the the time of the
declaration of martial law and/or the suspension of the Court is not allowed to declaration and
privilege of the writ of habeas corpus, "namely (1) actual undertake an independent • Events supervening
invasion or rebellion, and (2) pui;lic safety requires the investigation beyond the the declaration
exercise of such power." Without he concurrence of the pleadings
two conditions, the President's declaration of martial law
and/or suspension of the privilege of the writ of habeas Does not look into the Can probe further and
corpus must be struck down. What the President needs to absolute correctness of the deeper, can delve into
satisfy is only the standard of probable cause for a valid factual basis accuracy of facts
declaration of martial law and suspension of the privilege presented before it
of writ of habeas corpus. (Id.)
Passive power Automatic
Martial Law Does Not Initiated by filing of a May be activated by
Suspend the operation of the Constitution petition "in an appropriate Congress itself at any time
Supplant the functioning of the civil courts or legislative proceeding" by a citizen after the proclamation or
assemblies suspension was made
Authorize conferment of jurisdiction on military courts over
civilians where civil courts are able to function (Lagman v. Medialdea, G.R. No. 231658, July 4, 2017)
Automatically suspend the privilege of the writ of habeas
corpus Declaration Of State Rebellion
The factual necessity of calling out the armed forces is
The scope of the Supreme Court's power to review the something that is for the President to decide, but the Court
declaration of Martial Law or suspension of the writ of may look into the factual basis of the declaration to
habeas corpus is limited to a determination of the determine if it was done with grave abuse of discretion
sufficiency of the factual basis of such declaration or amounting to lack of jurisdiction (IBP v. Zamora, G.R. No.
suspension. (Lagman v. Medialdea, G.R. No. 231658, July 141284, 2000).
4, 2017)
Judicial inquiry can go no further than to satisfy the Court
The nature of the Supreme Court's jurisdiction to not that the President's decision is correct but that the
determine the sufficiency of the [factual basis for the President did not act arbitrarily. Thus, the standard laid
declaration of martial law and the suspension of the down is not correctness, but arbitrariness.
privilege of the writ of habeas corpus by the President is
sui generis and granted by Sec. 18, Art. VII of the PP 1017 is constitutional insofar as it constitutes a call by
Constitution. The said provision provides that in case of PGMA on the AFP to suppress lawless violence, which
invasion or rebellion, when public safety requires it, the pertains to a spectrum of conduct that is manifestly subject
President may, for a period not exceeding 60 days to state regulation, and not free speech.
suspend the privilege of the writ of habeas corpus or place
the Philippines or any part thereof under martial law. It PP 1017 is unconstitutional insofar as it grants PGMA the
does not stem from Sec. 1 or 5 of Art. VIII. (Legman v. authority to promulgate "decrees." Legislative power is
Medialdea, G.R. No. 231658, July 4, 2017) within the province of the Legislature. She can only order
the military, under PP 1017, to enforce laws pertinent to its
duty to suppress lawless violence (David v. Gloria
Macapagal-Arroyo, G.R. No. 171396, 2006).
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The President does not have the power to take over
privately owned public utilities or businesses affected with
public interest, without prior legislation.
Gen. Order No. 5 is constitutional since it provides a
standard by which the AFP and the PNP should implement
PP 1017, that is, suppressing lawless violence. However,
considering that "acts of terrorism' have not yet been
defined and made punishable by the Legislature, such
portion of G.O. No. 5 is declared unconstitutional (David
v. Macapagal-Arroyo, G.R. No. 171396, 2006).
The declaration of a state of emergency is merely a
description of a situation that authorizes (the President) to
call out the Armed Forces to help the police maintain law
and order. It gives no new power to her, or to the military,
or to the police. Certainly, it does not authorize warrantless
arrests or control of media (David v. Ermita, G.R. No.
171409, 2006).
Presidential proclamation of a state of emergency is NOT
sufficient to allow the President to take over any public
utility. Since it is an aspect of emergency powers in
accordance with § 23 (2), Art. VI of the Constitution, there
must be a law delegating such power to the President
(David v. Macagapal Arroyo, G.R. No. 171396, 2006).
Ways to Lift the proclamation or suspension
1. Lifting by the President himself;
2. Revocation by Congress;
3. Nullification by the Supreme Court; and
4. By operation of law after 60 days (CONST. Art. VII,
Sec.18)
The factual necessity of calling out the armed forces is
something that is for the President to decide (IBP v
Zamora, GR No. 141284, August 15, 2000)
PARDONING POWERS (SEC. 191
Nature and Limitation
The matter of executive clemency is on-delegable power
and must be exercised by the President personally (Villena
v. Secretary of the Interior, G.R. No. -46570, 1939).
The power exists as an instrument for correcting the
infirmities in administration of justice and for mitigating
whenever a strict application of the provisions of the law
will result in undue harshness. (Bemas, 1987 Philippine
Constitution: A Commentary, 924, 2009).
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POLITICAL LAW
Limitations:
Cannot be granted:
Before conviction, in cases of impeachment
• The President can pardon criminal offenses after
an impeachment proceeding such as what
happened in 2007 when President Arroyo
pardoned former President Estrada after having
been convicted by the Sandiganbayan of plunder.
• The exercise of the pardoning power is
discretionary in the President and may not be
interfered with by Congress or the Court, except
only when it exceeds the limits provided for by the
Constitution (Risos-Vidal v. COMELEC, G.R. No.
206666, 2015).
For violations of election laws, rules, and regulations
without the favorable recommendation of the COMELEC
In cases of civil or legislative contempt
Granted only after conviction by final judgment. (People. v.
Salle, 250 SCRA 581).
2. As to effect:
Does not absolve civil liabilities for an offense
Does not restore public offices already forfeited, although
eligibility for the same may be restored (Monsanto v.
Factoran, G.R. No. 78239, 1989).
4. Forms of Executive Clemency
a. PARDON — An act of grace, proceeding from the power
entrusted of the laws, which exempts the individual on
whom it is bestowed, from the punishment the law
inflicts for a crime he has committed (United States v.
Wilson, 503 U.S. 329, 1992). It is either conditional
or plenary.
b. AMNESTY - An act of grace concurred in by Congress,
usually extended to groups of persons who commit
political offenses, which puts into oblivion the offense
itself. The President alone cannot grant amnesty for it
needs the concurrence by a majority of all the members
of Congress. When a person applies for amnesty, he
must admit his guilt of the offense that is subject to
such amnesty. If his application is denied, he can be
convicted based on this admission of guilt.
c. REPRIEVE — postpones the execution of an offense to
a day certain (People v. Vera, G.R. No. L-45685,
1937).
d. REMISSION OF FINES AND FORFEITURES —
prevents the collection of fines or the confiscation of
forfeited property but it cannot have the effect of
returning the property which has been vested in 3rd•
parties or money already in the public treasury (Bemas,
1987 Philippine Constitution: A Commentary, 933,
2009).
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e. COMMUTATION — a remission of a part of the prior concurrence of the Monetary Board; and subject
punishment; it is a substitution of a lesser penalty for to such limitations as may be provided by law
the one originally imposed (People v. Vera, G.R. No. L- • The Monetary Board shall, within 30 days from the end
45685, 1937). of every quarter of the calendar year, submit to
Congress a complete report on loans to be contracted
Amnesty v. Pardon or guaranteed by the government or GOCCs that would
PARDON have the effect of increasing foreign debt.
AMNESTY

Political offenses Ordinary offenses Principle of Transformation of International Law (Sec.

21)
To a class of persons To individuals No treaty or international agreement shall be valid and
Need not be accepted Must be accepted effective unless concurred in by at least 2/3 of ALL the
Members of the Senate.
Requires concurrence of No need for
majority of all members of Congressional
Congress concurrence EXECUTIVE
TREATIES
AGREEMENTS
A public act; subject to Private act of President;
judicial notice it must be proved. International agreements International agreements
involving political issues or embodying adjustments of
Extinguishes the offense Only penalties are changes of national policy detail carrying out well-
itself extinguished; and those involving established national
May or may not restore international arrangements policies and traditions and
political rights; . of a permanent character those involving
Absplute pardon restores; arrangements of a more or
Conditional, does not. less temporary nature
Civil indemnity is not
extinguished.
I
May be granted before or OnIV granted after Power to enter into foreign relations -includes:
after conviction conviction by final - The power to appoint ambassadors, other public
juddment ministers, and consuls.
- The power to receive ambassadors and other public
EXECUTIVE CLEMENCY IN ADMINISTRATIVE ministers accredited to the Philippines.
CASES: - The power to contract and guarantee foreign loans on
The power to grant clemency includes cases involving behalf of the Republic.
administrative penalties. Where al conditional pardon is The power to deport aliens
granted, the determination of whether it has been violated > This power is vested in the President by virtue of
rests with the President. his office, subject only to restrictions as may be
President can extend it to administrative cases but only in provided by legislation as regards grounds for
the Executive Branch, not in the Judicial or Legislative deportation. In the absence of any legislative
Branches of government (Llamas v. Orbos, G.R. No, restriction to authority, the President may exercise
99031, 1991). this power.
The Power to negotiate treaties and other international
TAX AMNESTY: General pardon to impose penalties on agreements. However, such treaty or international
persons guilty of evasion or violation of revenue or tax agreement shall be transmitted to the Senate, with the
law (Republic v. lAC, G.R. No. 69344, 1991). following options:
> Approve it by 2/3 majority vote
POWERS PERTINENT TO FOREIGN RELATION > Disapprove it outright
> Approve it conditionally, with suggested
Power to Contract or Guarantee Foreign Loans (Sec. amendments. If re-negotiated and the Senate's
20) suggestions are incorporated, the treaty goes into
• The President may contract or guarantee foreign loans effect without need of further Senate approval.
on behalf of the Republic of the Philippines with the

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NOTE: While a treaty is re-negotiated, there is yet no
treaty.
EXECUTIVE AGREEMENTS
Executive agreements are conclud d:
to adjust the details of a treaty, e.g., EDCA as to VFA;
pursuant to or upon confirmation by an act of the
Legislature; or
in the exercise of the President's independent powers
under the Constitution.
The President may enter into an executive agreement on
foreign military bases, troops or facilities only if the
executive agreement
is not the instrument that allows th presence of foreign
military bases, troops or facilities; or
merely aims to implement an elisting law or treaty.
(Saguisag v. Exec. Sec., G.R. No. 212426, 2016)
Although municipal law makes a di4nction between
international agreements and executive agreements, with
the former requiring Senate approve and the latter not
needing the same, under international law, there is no
such distinction.
The President cannot, by executive agreement,
undertake an obligation that indirect!y circumvents a legal
prohibition.
The President alone without the concurrence of the
Senate abrogated a treaty. Assume that the other country
party to the treaty is agreeable to the abrogation provided
it complies with the Philippine Constitution. If a case
involving the validity of the treaty abrogation is brought to
the SC, it should dismiss the case. The jurisdiction of the
SC (other lower courts) over a treaty is only with respect
to questions of its constitutionality of validity. It does not
pertain to the termination/abrogation of a treaty (Gonzales
v Hechanova, G.R. No. L-21897, 1963).
Treaty v. Executive Agreementl°
TREATY EXECUlLIVE AGREEMENT
Involves political issues, Involve details carrying out
national policy national policy
International agreements More or less temporary in
of a permanent kind character
10 Note: See Part XVI (F) (Public International Law — Treaties)
for further discussion.
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POLITICAL LAW
Must be No need
Ratified to be ratified
Rules In Case Of Conflict Between Treaty And
Municipal Law, Depending On Venue
Philippine court: Provided both are self-executing, the
later enactment will prevail, be it treaty or law, as it is the
latest expression of the will of the State.
International tribunal: Treaty will always prevail. A State
cannot plead its municipal law to justify noncompliance
with an international obligation.
Exception: Vienna Convention on Law of Treaties Art. 46
— Constitutional violation was:
> Manifest — Objectively evident to any State
conducting itself in the matter in accordance with
normal practice and in good faith.
> Concerned a rule of its internal law of fundamental
importance.
An "exchange of notes" is a record of a routine agreement
that has many similarities with a private law contract. The
agreement consists of the exchange of two documents,
each of the parties being in possession of the one signed
by the representative of the other. Under the usual
procedure, the accepting State repeats the text of the
offering State to record its assent. An exchange of notes is
considered a form of an executive agreement, which
becomes binding through executive action without the
need of a vote by the Senate or Congress (Abaya vs.
Edbane, G.R. No. 167919, 2007).
The Exchange of Notes between Secretary Romulo and
the US Ambassador embodying a No Surrender
Agreement" regarding citizens arrested under the Rome
Treaty is valid. An exchange of Notes is equivalent to an
executive agreement and it is a valid form of international
agreement. The categorization of agreements in Eastern
Sea Trading, is not cast in stone. Neither a hard and fast
rule on whether Senate concurrence is needed for
executive agreements. (Bayan Muna v. Secretary Romulo,
G.R. No. 159618, 2011).
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POWERS RELATIVE TO APPROPRIATION
MEASURES
ITEM VETO POWER on the basis of:
Doctrine of Inappropriate Provisions - A provision that
is constitutionally inappropriate for an appropriation bill
may be subject to veto even if it is not an appropriation or
revenue "item."
Executive Impoundment - Refu al of the President to
spend funds already allocated by Congress for a specific
purpose. It is, in effect, an "impoundment" of the law
allocating such expenditure of funds.
DELEGATED POWERS
Congress may delegate tariff powers to the President.
Art. VI, Section 23 (2) authorizes Congress to give the
President power necessary and prOper to carry out a
declared national policy; Section 28(2) authorizes
Congress to delegate the power to fix tariff rates, import
and export quotas, tonnage, wharfage dues and other
duties and impost. (See Supra.)
EMERGENCY POWERS can be delegated by Congress
to the President.
Malampaya and Presidential Social Fund violates the
non-delegal3ility of legislative power (PERLAS-
BERNABE)
• Malampaya fund - The phrase "and for such
other purposes as may be hereafter directed by
the President" under Section 8 of PD 910
constitutes an undue delegation of legislative
power insofar as it does not lay down a sufficient
standard to adequately determine the limits of
the President's authority with respect to the
purpose for which the Malampaya Funds may
be used. (Belgica v. Hon. Ochoa, 2013)
• Presidential Social Fund - 'to finance the priority
infrastructure development projects" under
Section 12 of Presidential pecree No. 1869, as
amended by Presidential Decree No. 1993, for
both failing the sufficient st9ndard test in violation
of the principle of non-delegability of legislative
power as it gives the President the unlimited
discretion to determine which projects are
considered "priority". (Belg'ca v. Hon. Ochoa,
2013)
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VETO POWERS
The President must communicate his decision to veto
within 30 days from the date of receipt thereof. If he fails
to do so, the bill shall become law as if he signed it. This
rule eliminates the possibility of a 'pocket veto' whereby
the President simply refuses to act on the bill.
In exercising the veto power, the bill is rejected and
returned with his objections to the House from which it
originated. The House shall enter the objections in the
journal and proceed to reconsider it. (See earlier
comment)
Pocket veto vs. Item veto
Pocket Veto Item Veto
..
When the president is Power of a president to
considered to have rejected nullify or cancel specific
a bill submitted to him for his provisions of a bill, usually
approval when Congress a budget appropriations
adjourns during the period bill, without vetoing the
given to the president to entire legislative package
approve or reject a bill
Congressional pork barrel violates the President's
power to item-veto (PERLAS-BERNABE)
• The President cannot exercise his item-veto power
because the purpose of the lump-sum
still uncertain.
discretionary budget is
Furthermore, it cannot be considered an item
because an item is defined in the field of
appropriations as the particulars, details, distinct
and severable parts of the appropriation or of the
bill. (Belgica v. Hon. Ochoa, 2013)
RESIDUAL POWERS
The President shall exercise such other powers and
functions vested in the President which are provided for
under the laws and which are not specifically enumerated
above, or which are not delegated by the President in
accordance with law.
The textual justification for this under the Constitution is
Article VII, Section 17— to ensure that the laws are faithfully
executed —called the Faithful Execution Clause.
The power involved is the President's residual power to
protect the general welfare of the people. It is founded on
the duty of the President, as steward of the people. To
paraphrase Theodore Roosevelt, it is not only the power of
the President but also his duty to do anything not forbidden
ATENEO CENTRAL
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by the Constitution or the laws that the needs of the nation
demand. It is a power borne by the President's duty to
preserve and defend the Constitution. It also may be
viewed as a power implicit in the President's duty to take
care that the laws are faithfully executed (Marcos v
Manglapus, G. R. No. 88211, 1989)].
EXECUTIVE PRIVILEGE
Executive Privilege is the power of the President to
withhold certain types of information from the court, the
Congress, and the public. (Neri v. Senate, G.R. No.
180643, 2008).
(See portion of Presidential Privilege for more comments)
Non-Delegable Powers of the President
Commander-in-Chief powers;
Appointment and removal power;
The power to grant pardons and repileves;
The authority to receive ambassadors and other public
officials; and
The power to negotiate treaties. (Neri v. Senate, G.R. No.
180643, 2008)
OTHER POWERS
1. Borrowing Power: The President may contract or
guarantee foreign loans on beha f of the Republic with
the concurrence of the Monetary Board, subject to
such limitations as may be provided by law.
2. Deportation Power
3. Power to Receive Ambassadors and other public
ministers duly accredited to the Philippines
4. Informing Power: The President shall address
Congress at the opening of its regular session. He may
also appear before it at any time.
5. Call Congress to a special ses7ion
6. Emergency Powers: Congress may authorize the
President to exercise powers necessary and proper to
carry out a declared national policy.
• Conditions for the Exercise of the President of
Emergency Powers:
10. There must be a war or national emergency;
11. There must be a law authorizing the President
to exercise emergency powers;
12. Exercise must be for a limited period
13. Exercise must be necessary and proper to
carry out a declared national policy; and
14. Must be subject to Restrictions that Congress
may provide
7. Power to Classify and Reclassify lands
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RULES OF SUCCESSION
Manner Of Election (Sec. 4):
The President and Vice-President shall be elected by the
direct vote of the people.
Election returns for President and Vice-President, duly
certified by the Board of Canvassers of each province or
city, shall be transmitted to Congress, directed to the
Senate President.
Upon receipt of the certificates of canvass, the Senate
President shall, not later than 30 days after the day of the
election, open all the certificates in the presence of both
houses of Congress, assembled in joint public session.
The Congress, after determining the authenticity and due
execution of the certificates, shall canvass the votes.
The person having the highest number of votes shall be
proclaimed elected.
In case of a tie between 2 or more candidates, one shall
be chosen by a majority of ALL the members of both
Houses, voting separately.
The Supreme Court en banc shall act as the sole judge
over all contests relating to the election, returns, and
qualifications of the President or Vice-President and may
promulgate its rules for the purpose.
Congress may delegate counting to a committee provided
it approves it as a body.
Considered as a non-legislative function of Congress.
Proclamation of President-Elect & VP-Elect is the function
of Congress not the COMELEC's.
Limitations:
1. Salaries and emoluments of the President and Vice-
President shall be determined by law
2. Shall not be decreased during the tenure of the
President and the Vice-President
3. Increases take effect only after the expiration of the
term of the incumbent during which the increase was
approved.
4. No other emolument from the government or any other
source during their tenure may be received.
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Succession of President-elect aild Vice-President Vacancy in the Office of the Vice-President (Sec.9)
elect at the Start of the Term (Sec. 7) Procedure To Fill Up Vacancy
President will nominate new VP from among the members
VACANCY SUCCESSOR
of either House of Congress.
President-elect fails to VP-elect will be Acting
qualify or to be chosen President until a President is Nominee shall assume office upon confirmation by majority
qualified/chosen vote of ALL members of both Houses, voting separately.
(In effect, nominee forfeits his seat in Congress.)
President-elect dies or VP becomes President
Election of President and Vice-President after
permanently disabled
vacancy (Sec.10)
Both President and VP- Senate President, or in case
elect are not chosen, or of his inability, Procedure
do not qualify, or both Speaker of the House shall Congress shall convene 3 days after the vacancy in the
die, or both become act as President until a offices of both the President and the VP, without need of a
permanently disabled President or a VP shall have call. The convening of Congress cannot be suspended.
been chosen and qualified.
Death, permanent
Within 7 days after convening, Congress shall enact a law
disability, or inability of Congress shall determine,
Senate President and by law, who will be the calling for a special election to elict a President and a VP.
Speaker of the House Acting President until a The special election cannot be postponed.
as Acting President President or VP shall have
qualified. The requirement of three readings on separate days under
Sec. 26(2), Art VI shall not apply to a bill calling for a
Succession of President and Vice-President During special election. The law shall be deemed enacted upon
Mid-Term Sec. 8 its approval on third reading.

VACANCY SUCCESSOR
VP becomes President for
President dies/
permanently disabled/ the unexpired term
impeached or resigns
Both President and VP Senate President, or in
die/ permanently disabled/ case of his inability,
impeached, or resign Speaker of the House
shall ect as President until
Death, permanent the President or VP shall
disability, or inability of have been elected and
Senate President and qualifed.
Speaker of the House as
Acting President Congress shall determine,
by laii, who will be the
Acting President until a
President or VP shall have
been elected and qualified,
subject to the same
restrictions of powers and
disqualifications as the
Acting President
The special election shall be held within 45-60 clays from
the time of the enactment of the law.
Limitation: No special election shall be called if the
vacancy occurs within 18 months before the date of the
next presidential election.
Temporary Disability of the President to discharge
his duties [Sec. 11] may be raised in either of two
ways:
By the President himself, when he sends a written
declaration to the Senate President and the Speaker of the
House. In this case, the Vice-President will be Acting
President until the President transmits a written declaration
to the contrary.
When a majority of all Cabinet members transmit to the
Senate President and the Speaker of the House their
written declaration. The VP will immediately assume the
powers and duties of the office as Acting President.

Scenarios After Disability is Relayed in The

Congress:
If the President transmits a written declaration that he is
not disabled, he reassumes his position.

If within 5 days after the President re-assumes his position,

the majority of the Cabinet transmits their written
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declaration to the contrary, Congi-ess shall decide the

issue. In this event, Congress shall convene within 48
hours if it is not in session, without need of a call.

Within 10 days after Congress is required to assemble, or

12 days if Congress is not in session, a 2/3 majority of both
Houses, voting separately, is needed to find the President
temporarily disabled, in which casel the VP will be Acting
President.

Presidential Illness (Sec. 12)

General Rules:
If the President is seriously ill, the p blic must be informed
thereof.

During such illness, the following shall not be denied

access to the President:
- National Security Adviser
- Secretary of Foreign Affairs
- Chief of Staff of the AFP

end of topic

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IV. JUDICIAL DEPARTMENT JUDICIAL POWER

TOPIC OUTLINE UNDER THE SYLLABUS Judicial Power

Judicial Power The authority to settle justiciable controversies or disputes
A.
involving rights that are enforceable and demandable
B. Judicial Review
1. Requisites before the courts of justice or the redress of wrongs for
violations of such rights and to determine whether or not
2. Political Question Doctrine
there has been grave abuse of discretion amounting to lack
3. Moot Questions
or excess of jurisdiction on the part of any branch or
4. Operative Fact Doctrine
instrumentality of the government. (Lopez v. Roxas, G.R.
C. Safeguards of Judicial Independence
No. L-25716, 1966).
1. Judicial and Bar Council
a. Composition
Where Vested
b. Powers
Vested in the Supreme Court and such lower courts as
2. Fiscal Autonomy
may be established by law. Hence, they may neither
D. Qualifications of Members of the Judiciary
Workings of the Supreme Court attempt to assume or be compelled to perform non-judicial
E.
functions. They may not be charged with administrative
1. En banc and Division cases
functions, except when reasonably incidental to the
2. Procedural Rule-making
fulfillment of their duties (Meralco v. Pasay Transportation
3. Administrative supervision over lower courts
Co., G.R. No. L-37878, 1932).
4. Original and Appellate Jurisdiction
Duties of the courts (Sec. 1)
To settle actual controversies involving rights which are
legally demandable and enforceable;
To determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of
the government.
The courts cannot give advisory opinions.

Necessity of Applicable Law

The courts cannot exercise judicial power when there is
no applicable law. In a number of cases decided, the
Supreme court ruled that the exercise of judicial power
when there is no applicable law is not authorized.

The court has no authority to entertain an action for judicial

declaration of citizenship because there was no law
authorizing such proceeding (Channie Tan v. Republic,
G.R. No. L-14159, 1960).

An award of honors to a student by a board of teachers

may not be reversed by a court where the awards are
governed by no applicable law (Santiago Jr. v. Bautista,
G.R. No. L-25024, 1970).

Courts cannot reverse the award of a board of judges in an

oratorical contest (Felipe v. Leuterio, G.R. No. L-4606,
1952).

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Jurisdiction
The power to hear and decide a case.
a) Who Defines: Congress shall have the power to
define, prescribe and apportion the jurisdiction of the
various courts, but may not deprive the Supreme Court
of its jurisdiction over cases enul-nerated in Sec. 5, Art.
VIII [Sec. 2, Art. VIII],
b) No law shall be passed incrleasing the appellate
jurisdiction of the Supreme Coart as provided in the
Constitution without its advice qnd concurrence [Sec.
30, Art. VI]. i)
Scope of Jurisdiction
The power to control the execution of its decision is an
essential aspect of jurisdiction. It cannot be the subject of
substantial subtraction, for out Constitution vests the
entirety of judicial power in one Supreme Court and in such
lower courts as may be established by law. (Echagray v.
SOJ, GR No. 132601, January 19, 1999)
Limitations of Judicial Power
1. Political Questions: A quest on, the resolution of
which has been vested by the Constitution exclusively
In the people, in the exercise of their sovereign
capacity, or In which full discretionary authority has
been delegated to a co-equal branch of the
Government (Tanada v. Cuenco, G.R. No. L-10520,
1957).
2. Separation of Powers : The Supreme Court and its
members should not and cannot be required to
exercise any power or to perform any trust or to
assume any duty not pertaining to or connected with
the administering of judicial functions. (Manila Electric
Co. v Pasay Transportation, GR No 37878, November
25, 1932)
3. Not the function of the judiciary to give advisory
opinion : The function of the courts is to determine
controversies between litigants They do not give
advisory opinions. (Director ofPrisons v Ang Cho Kb ,
GR No. 30001, June 23, 1970)
Expanded Jurisdiction and Authority of the Supreme
Court
Art.VIII, Sec.1, Par.2, of the Constitution expanded the
power, authority and jurisdiction of the courts of justice,
particularly the Supreme Court, to determine whether any
branch of the government has committed grave abuse of
discretion amounting to lack or excess of jurisdiction.
Under this expanded jurisdiction conferred to the Supreme
Court, the political question doctririe is no longer the
insurmountable obstacle to the exercise of judicial power
Page 57 of 320
POLITICAL LAW
or the impenetrable shield that protects executive and
legislative actions from judicial inquiry or review (Oposa v.
Factoran, Jr. GR No. 101083, July 30, 1993)
JUDICIAL REVIEW
Judicial Review:
• The power of the SC to declare a law, treaty,
ordinance, etc. unconstitutional (Sec. 4(2))
• Lower courts may also exercise the power of judicial
review, subject to the appellate jurisdiction of the SC.
(Sec. 5(2))
• Only SC decisions set precedents. As thus, only SC
decisions are binding on all.
Requisites of Judicial Review: (REARS)
The question involved must be Ripe for adjudication, e.g.
the challenged government act must have had an adverse
effect on the person challenging it.
The question of constitutionality must be raised in the first
instance, or at the Earliest opportunity.
An Actual case calling for the exercise of judicial power.
Resolution of the issue of constitutionality is unavoidable
or is the very lis mota of the case.
The person challenging the governmental act must have
'Standing' (Locus Stand:)
Exception: The Court can waive the procedural rule on
standing in cases that raise issues of transcendental
importance.
Functions of Judicial Review
1. Checking — invalidating a law or executive act that is
found to be contrary to the Constitution
2. Legitimating — upholding the validity of the law that
results from a mere dismissal of a case challenging the
validity of the law
3. Symbolic — to educate the bench and bar as to the
controlling principles and concepts on matters of grave
public importance for the guidance of and restraint
upon the future (Salonga v. Cruz Patio, GR No 59524,
February 18, 1985)
Doctrine of Judicial Supremacy
When the judiciary allocates constitutional boundaries, it
neither asserts superiority nor nullifies an act of the
Legislature. It only asserts the solemn and sacred
obligation assigned to it by the Constitution to determine
conflicting claims of authority under the Constitution and to
establish for the parties in an actual controversy the rights
which that instrument secures and guarantees to them.
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Actual Case
Refers to a conflict of legal rights, an assertion of opposite
legal claims susceptible of judicial determination.
'Ripe for Adjudication'
A constitutional question is ripe for adjudication when the
governmental act being challenged has had a direct
adverse effect on the individual challenging it. It is also
necessary that there be a law that gives rise to some
specific rights of persons or property, under-which adverse
claims are made. (Santiago Jr. v. Bautista, GR No. 25024,
march 30, 1970)
Elements of Standing (ITR)
a. The petitioner must have personally suffered some
actual or threatened injury which can be legal,
economic, or environmental;
b. The injury is fairly traceable to the challenged action;
and
c. The injury is likely to be redressed by a favorable action
(Telecommunications and Broadcast Attorneys of the
Philippines, Inc. v. COMELEC GR No. 132922, April
21, 1998)
Requisites for Third Party Stand ng (jus tertii) (IRH):
The litigant must have suffered an injury-in-fact, thus giving
him or her a "sufficiently concrete interest" in the outcome
of the issue in dispute;
The litigant must have a close Relation to the third party;
and
There must exist some Hindrance to the third party's ability
to protect his or her own interests. (White Light v. City of
Manila, 576 SCRA 416, 2009)
Rules on the Liberal Approach on Locus Stand!
In recent years, the SC has been following a liberal
approach on standing in high profile issues. The rules may
be summarized as follows:
4. For taxpayers, there must be a claim of illegal
disbursement of public funds or that the tax measure
is unconstitutional
5. For voters, there must be showing of obvious interest
in the validity of the election law in question;
6. For concerned citizens, there must be showing that the
issues raised are of transcendental importance which
must be settled
7. For legislators, there must be a claim that the official
action complained of infringes their prerogatives as
legislators;
8. Government of the Philippines is a proper party to
question the validity of its own laws
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Epistolary Jurisdiction
This concept is a result of the relaxation of the rule on locus
standi; where a third party (who may have suffered no
damage) can approach the court on behalf of a
marginalized affected class.
Guidelines in determining whether or not a matter is of
transcendental importance:
The character of the funds or other assets involved in the
case;
The presence of a clear case of disregard of a
constitutional or statutory prohibition by the public
respondent agency or instrumentality of the government;
and
The lack of any other party with a more direct and specific
interest in the questions being raised (Chamber of Real
Estate andBuilders' Association, Inc. v. Energy Regulatory
Commission, et aL, G.R. No. 174697, 2010).
Taxpayer Suits
A taxpayer suit is proper only when there is an exercise of
the spending or taxing power of Congress, whereas citizen
standing must rest on direct and personal interest in the
proceeding. In sum, it bears to stress that generalized
interests, albeit accompanied by the assertion of a public
right, do not establish locus standi. Evidence of a direct
and personal interest •is key (Southern Hemisphere
Engagement Network, Inc., et al. v. Anti-Terrorism Council,
et al., 2010).
Rule on Raising at the EarliestOpportunity
General Rule: The earliest opportunity to raise a
constitutional issue is to raise it in the pleadings before a
competent court that can resolve the same. (Mailbag v
Benipayo, OR No. 149036, April 2, 2002)
Exceptions:
1. In criminal cases — at any time at the discretion of the
court
2. In civil cases — at any stage of the proceedings if
necessary for the determination of the case itself; or
3. In every case (Except where there is estoppel) — at
any stage if it involves the jurisdiction of the court
(People v. Vera, OR No. 45685, November 16, 1937)
Justiciable Controversy
A definite and concrete dispute touching on the legal
relations of parties having adverse legal interests, which
may be resolved by a court of law through the application
of a law (Cutaran v. DENR, OR No 134958, January 31,
2001)
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Requirements for Justiciability
a. That there be an actual controversy between or among
the parties to the dispute;
b. That the interests of the parties be adverse;
c. That the matter in controversy be capable of being
adjudicated by judicial power; a d
d. That the determination of the controversy will result in
practical relief to the complainar .
(a) Operative fact
Effect of a Declaration of Unconstitutionality - Prior to
the declaration that a particular law iS unconstitutional, it is
considered an "operative fact". Vested rights acquired
under such law before it was declared unconstitutional are
not prejudiced by the subsequent d claration that the law
is unconstitutional.
A mere administrative practice, not formalized into a rule
or ruling, will not suffice because such a mere
administrative practice may not be uniformly and
consistently applied. An administrative practice, if not
formalized as a rule or ruling, will not be known to the
general public and can be availed of only by those within
the formal contacts with the government agency. (CR v.
San Roque Power Corporation, G.R. No. 187485, 2013)
(b) Moot questions
When an action is considered Mo t
An action is considered MOOT when it no longer presents
a justiciable controversy because the issues involved have
become academic or dead or when the matter has already
been resolved. There is nothing for tie court to resolve as
the determination thereof has been overtaken by
subsequent events (Atty. Evillo C. !Dormento v. Estrada
and COMELEC, G.R. No. 191988, 2010).
A moot case is one that ceases to present a justiciable
controversy by virtue of supervening events, so that a
declaration thereon would be of no practical use or value.
Generally, courts decline jurisdiction over such case or
dismiss it. As this Court has time and again declared, the
"moot and academic" principle is n?t a magical formula
that automatically dissuades courts in resolving a case.
When Courts still decide even if the case is Moot
The Court may still take cognizance of an otherwise moot
and academic case, if it finds that:
a. there is a grave violation of the Constitution;
b. the situation is of exceptional character and paramount
public interest is involved;
c. the constitutional issue raised requires formulation of
controlling principles to guide the bench-, the bar, and
the public; and
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POLITICAL LAW
d. the case is capable of repetition yet evading review.
(Narra Nickel Mining and Development Corp. v.
Redmont Consolidation Mines Corp., G.R. No. 195580,
2015)
(c) Political questions doctrine
Political Question - A question, the resolution of which
has been vested by the Constitution exclusively
1. In the people, in the exercise of their sovereign
capacity, or
2. In which full discretionary authority has been delegated
to a co-equal branch of the Government (Tanada v.
Cuenco, G.R. No. L-10520, 1957).
While courts can determine questions of legality with
respect to governmental action, they cannot review
government policies and the wisdom behind such policies.
These questions are vested by the Constitution in the
Executive and Legislative Departments.
"EDSA I involves the exercise of the people power of
revolution which overthrew the whole government. EDSA
II is an exercise of people power of freedom of speech and
freedom of assembly to petition the government for redress
of grievances which only affected the office of the
President. EDSA I is extra constitutional and the legitimacy
of the new government that resulted from it cannot be the
subject of judicial review, but EDSA ll is extra
constitutional and the resignation of the sitting President
that it caused and the succession of the Vice President as
President are subject to judicial review. EDSA I presented
a political question; EDSA ll involves legal questions"
(Estrada v. Desierto, G.R. No. 146710-15, 2001).
The judiciary is NOT precluded from reviewing "political
questions". Under the second clause of Sec. 1, Art. VIII
(the power to determine whether or not there has been a
grave abuse of discretion) the Courts may now determine
whether there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of government.
The determination of what constitutes "betrayal of public
trust" or "other high crimes" is a political question. A
determination of what constitutes an impeachable offense
is a purely political question, which the Constitution has left
to the sound discretion of the legislature (Ma. Merceditas
N. Gutierrez v. The House of Representatives Committee
on Justice, et al., G.R. No. 193459, 2011).
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The Ombudsman, despite being a constitutionally created
body with constitutionally mandated independence comes
within the scope of the power cl judicial review which
serves as a safety net against capricious and arbitrary acts
of any branch or agency of the Government (Presidential
Ad Hoc Fact-Finding Committee on Behest Loans v.
Desierto, G.R. No. 135715, 2011).
Examples of political questions n jurisprudence.
Interpretation of the meaning of "disorderly behavior" and
the legislature's power to suspend a member (there is no
procedure for the imposition of the penalty of suspension
nor did the 1935 Constitution define what "disorderly
behavior is). The matter is left to the discretion of the
legislature (Osmeiia, Jr. v. Pendatun, G.R. 17144, 1960).
Whether the court could intervene in a case where the
House of Representatives was said to have disregarded its
own rule. The court was held to have been without
authority to intervene (Arroyo v. beVenecia, G.R. No.
127255, 1997).
Recognition of diplomatic immunity (International Catholic
Migration Commission v. Hon. Ca leja, G.R. No. 85750,
1990).
Examples of cases in jurisprudnce where the Court
held that there was no political question involved.
1. Apportionment of representative districts (because
there are constitutional rules governing apportionment)
(Bagabuyo v. COMELEC, G.R. I\lo. 176970, 2008).
2. Suspension of the privilege of the writ of habeas corpus
because the Constitution sets limits to executive
discretion on the matter (Montenegro v. Castaileda,
G.R. No. L-4221, 1952).
3. Manner of forming the Commission on Appointments
(Daza v. Singson, G.R. No. 86344, 1989; Coseteng v.
Mitra, G.R. No. 86649, 1990; Guingona v. Gonzales,
G.R. No. 106971, 1992).
SAFEGUARDS OF SECUR NG JUDICIAL
INDEPENDENCE
1. Being a Constitutional body, it may not be abolished by
law;
• Creation and abolition of courts - The power to
create courts IMPLIES the power to abolish and
even re-organize courts. But this power cannot be
exercised in a manner that would undermine the
security of tenure of the jusiliciary. If the abolition
or re-organization is done in good faith and not
for political or personal rea ons, it is valid.
2. Members are only removable by impeachment;
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POLITICAL LAW
3. SC may not be deprived of minimum and appellate
jurisdiction; appellate jurisdiction may not be increased
without its advice or concurrence; Congress cannot
deprive the Supreme Court of its jurisdiction over cases
provided for in the Constitution. Congress can only do
the following:
• Define enforceable and demandable rights;
prescribing remedies for violations of such rights
• Determine the court with jurisdiction to hear and
decide controversies or disputes arising from
legal rights
4. SC has administrative supervision over all inferior
courts and personnel;
5. SC has exclusive power to discipline judges/ justices of
inferior courts;
6. Members of the judiciary enjoy security of tenure;
7. Members of judiciary may not be designated to any
agency performing quasi-judicial or administrative
functions;
• The Court rejected petitioner's claim that the
Presidential Electoral Tribunal (PET) exercises
quasi-judicial functions contrary to Section 12,
Article VIII of the Constitution. When the Supreme
Court, as the PET, resolves a presidential or vice-
presidential election contest, it performs what is
essentially a judicial power (Atty. Macalintal v.
Presidential Electoral Tribunal, G.R. No. 191618,
2010).
8. Salaries of judges may not be reduced.
• Salaries of SC Justices and judges of lower courts
shall be fixed by law. It cannot be decreased
during their continuance in office, but can be
increased. Members of the Judiciary are NOT
exempt from payment of income tax (Nitafan v.
CIR, G.R. No. 78780, 1987).
9. SC alone may initiate Rules of Court;
10. SC alone may order temporary detail of judges;
11. SC can appoint all officials and employees of the
Judiciary.
Salaries of Judges and General Income Tax
In Nitafan v CIR, the Court held that the salaries of Justices
and Judges are properly subject to a general income tax
law applicable to all income earners and that the payment
of such income tax by Justices and Judges does not fall
within the constitutional protection against decrease of
their salaries during their continuance in office.
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JUDICIAL RESTRAINT in the practice of law in the Philippines or has held public
office in the Philippines requiring admission to the practice
Judicial Restraint of law as a requisite.
This doctrine is well intertwined with the doctrine of
separation of powers. The courts should defer to the THE JUDICIAL AND BAR COUNCIL
decisions made by the legislature and executive branches
and should not thwart the implementation of these acts Composition
unless they are clearly unconstitutional. The Supreme 1. Chief Justice, as ex-officio chairman
Court exercises judicial restraint where the issue before it 2. Secretary of Justice, as ex-officio member
has already been mooted by subsequent events. 3. Representative of Congress, as ex-officio member
4. Representative of the Integrated Bar
Appointments to the Judiciary 5. A professor of law
6. A retired member of the SC
Qualifications
7. Private sector representative
Every prospective appointee to the judiciary must apprise
the appointing authority of every matter bearing on his
The last four are the regular members of the JBC. The
fitness for judicial office including sUch circumstances as
President, with CA approval, appoints regular members
may reflect on his integrity and prob'ty (Office of the Court
who serve for 4 years, in staggered terms.
Administrator v. Estacion, Jr., A.M. No. RTJ-87-104, 1990;
Gutierrez v. Belan, A.M. No. MTJ-95-1059, 1998).
The JBC is composed of 7 members coming from different
sectors. Thus, while we do not lose sight of the bicameral
Until a correction of existing records on one's birth and
nature of our legislative department, it is beyond dispute
citizenship, one cannot accept ah appointment to the
that the Constitution is explicit that we have only "a
judiciary, as that would be a violation of the Constitution.
representative". Thus, two (2) representatives from
For this reason, he can be prevenied by injunction from
Congress would increase the number of JBC members to
doing so (Kilosbayan v. Ermita, G.R. No. 177721, 2007).
eight (8), a number beyond what the Constitution has
contemplated. The lone representative of Congress is
Qualifications for Judges and Justices:
entitled to one full vote. This effectively disallows the
LOWER scheme of splitting the said vote into half between two
LOWER NON
SUPREME COLLEGIATE representatives of Congress.
COLLEGIATE
COURT COURTS (CA, CTA,
COURTS
Sandiganbayan) Thus, any inclusion of another member, whether with one
whole vote or 1/2 of it, goes against that mandate. Section
Natural born citizen of the Citizen of the 8(1), Article VIII of the Constitution, providing Congress
Philippines Philippines with an equal voice with other members of the JBC in
(may be a recommending appointees to the Judiciary is explicit
naturalized citizen) (Chavez v. JBC, G.R. No. 202242, 2013).
At least 40 Possesses off& qualifications
years old prescribed by Congress Functions of The JBC
Primary Function: Recommend appointees to the
At least 15 Member of the Philippine Bar Judiciary.
years of Secondary Function: It may also exercise such other
experience as functions as the SC may assign to it.
a judge or in
the practice of Rules on Appointments/Clustering of Nominees
law in the 1. President shall appoint Members of the Supreme Court
Philippines and judges of lower courts from a list of at least 3
nominees for each vacancy, as prepared by the JBC.
A person of proven competence, integrity, probity and 2. No CA confirmation is needed for appointments to the
independence Judiciary.
3. Vacancies in SC should be filled within 90 days from
Note: For the RTC/MTC the age requirements is at least the occurrence of the vacancy.
35/30 years old' has been engaged for at least 10/5 years
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4. Vacancies in lower courts should be filled within 90
days from submission to the President of the JBC list.
5. Midnight Appointments — Explicit prohibition against
midnight appointments is already unnecessary due to
the intervention of and screenirg made by Judicial Bar
Council (JBC) (De Castro v. JBC, G.R. No. 191002,
2010)
Term
Members of the SC and judges of the lower courts hold
office during good behavior until:
1. The age of 70 years old
2. They become incapacitated to discharge their duties
Note: For judges of the lower courts, the term is the same.
Power to Discipline
The Supreme Court en banc shall have the power to
discipline judges of lower courts OR order their dismissal
by a vote of a majority of the Members who actually took
part on the issues in the case and Nioted thereon (CONST.
Art. VIII, Seall)
Decisions of the SC on disciplinary cases en banc is
needed only when the penalty imposed is dismissal of a
judge, disbarment of a lawyer, suspension of either for
more than 1 year or a fine exceeding 10,000 pesos (People
v Gacott, GR No 116049, July 13, 1995)
_FISCAL AUTONOMY
The entire judiciary shall enjoy fiscal autonomy. Annual
appropriations for the judiciary cannot be reduced below
the amount appropriated for the previous year. Once
approved, appropriations shall be automatically and
regularly released.
Any exemption from the payment of legal fees granted by
Congress to government-owned or controlled corporations
and local government units will necessarily reduce the
Judiciary Development Fund (JDF) and the Special
Allowance for the Judiciary Fund (SAJF). Undoubtedly,
such situation is constitutionally infirm for it impairs the
Court's guaranteed fiscal autonomy and erodes its
independence (GSIS v. Heirs of Caballero, et al., G.R. No.
158090, 2010).
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POLITICAL LAW
THE SUPREME COURT
A Constitutional Court
The Supreme Court is the only constitutional court, all the
lower courts being of statutory creation.
Composition Of The Supreme 'Court
• Chief Justice, and
• 14 Associate Justices
The President cannot appoint a temporary member of the
Supreme Court. There can be no doubt that the Chief
Justice and Associate Justices required by the Constitution
to compose the Supreme Court are regular members of the
Court. A temporary member would be a misnomer,
implying a position not contemplated by the Constitution.
Thus, a law which authorizes the President to designate
any judge of the timer court or 'cadastral judge to act as
member of the Supreme Court is void (Vargas vs.
Rillaroza, G.R. No. L-1612, 1948).
The members of the judiciary perform judicial functions.
This function is exclusive. They cannot perform non-
judicial functions. For this reason, the Constitution
provides that the members of the Supreme Court and of
other courts shall not be delegated to any agency
performing quasi-judicial or administrative functions. (Sec.
12, Art. VIII.)
Hearing Of Cases In The Supreme Court:
Divisions of 3, 5, or 7 members
En Banc
Primus Inter Pares
Literally, first among equals; the maxim indicates that a
person is the most seniorsof a group of people sharing the
same rank or office. The phrase has been used to describe
the status, condition or role of the Chief Justice in many
supreme courts around the world.
Decisions By The Supreme Court
Reached in consultation before being assigned to a
member for the writing of the court's opinion.
A certification to this effect must be signed by the Chief
Justice and attached to the record of the case, and served
upon the parties.
Absence of a certification does not mean that there was no
consultation prior to assignment of the case to a member.
The presumption of regularity prevailsbut the erring officer
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will be liable administratively (Consing v. Court of Appeals,
G.R. No. 78272, 1989).
Members of the SC who took no pait, or who dissented or
abstained must state the reasons therefor.
All lower collegiate courts shall observe the same
procedure (e.g., CA, CTA, and San ganbayan).
Decisions By The Lower Courts
• Decisions must state clearly and distinctly the facts
and the law on which they are based. (CONST. Art.
VIII, Sec.14)
• Memorandum decisions, where the appellate court
adopts the findings of fact and law of the lower court,
are allowed as long as the decision adopted by
reference is attached to the Memorandum for easy
reference. (Oil and Natural Gas Commission v. CA,
GR No. 114323, July 23, 1998)
Timeframe For Decidin
SUPREME COLLEGIATE LOWER
COURT COURTS COURTS
24 months from 12 months fr m 3 months from
submission
submission submission
Periods above commence from the date of submission for
decision or resolution.
A case or matter shall be deemed submitted for decision
or resolution upon the filing of the last pleading, brief, or
memorandum required by the Rules of Court or by the
Court itself.
Upon expiration of the period without decision or
resolution, a certification stating why no decision or
resolution has been rendered shall be issued and signed
by the Chief Justice or presiding judge.
A copy of the certification shall be attached to the record of
the case or matter, and served upon the parties.
The expiration of the period notwithstanding, the court shall
decide or resolve the case or matter Vvithout further delay.
The Sandiganbayan falls under the 3-month rule because
it is a trial-court, not a collegiate court (Re: Problems of
Delays in Cases Before the Sandiganbayan, A.M. No. 00-
8-05-SC, 2002).
1. EN BANC AND DIVISION CASES
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POLITICAL LAW
Cases Heard By Division:
Decided with the concurrence of a majority of the members
who took part in the deliberations and voted thereon
Majority vote in a division should be at least 3 members
Cases Required To Be Heard En Banc
All cases involving constitutionality of a: (LIT)
- Law
- International or executive agreement
- Treaty
All cases involving the constitutionality, application or
operation of: (POPORI)
- Presidential decrees
- Orders
- Proclamations
- Ordinances
- Other Regulations
- Instructions
All cases required to be heard en banc under the Rules of
Court
- Appeals from Sandiganbayan and from the
Constitutional Commissions
- Cases heard by a division where required majority of
3 was not obtained
- Cases where SC modifies or reverses a doctrine or
principle of law laid down by the SC en banc or by a
division
Administrative cases to discipline or dismiss judges
of lower courts
- Election contests for President and Vice-President.
Other cases outside the enumeration are heard in Division
and decided or resolved with the concurrence of a majority
of the members who actually took part in the deliberations
on the issues and voted thereon, but in no case without the
concurrence of at least 3 such members.
Decisions or resolutions of a division of the court, when
concurred in by a majority of its members who actually took
part in the deliberations on the issues in a case and voted
thereon is a decision or resolution of the Supreme Court
itself. The Supreme Court sitting en banc is not an
appellate court vis-à-vis its Divisions, and it exercises no
appellate jurisdiction over the latter. Each division of the
Court is considered not a body inferior to the Court en
banc, and sits veritably as the Court en banc itself. The
only constraint is that any doctrine or principle of law laid
down by the Court, either rendered en banc or in division,
may be overturned or reversed only by the Court sitting en
banc. (Firestone Ceramics v. CA, G.R. No. 127245, 2000)
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Sin Perjuko Judgments
One that is rendered without a statement of the facts in
support of its conclusions, to be later supplemented by the
final judgment. The Supreme Courted expressed its
disapproval of the practice of rendering of sin prejuico
judgments. (NACHURA)
PROCEDURAL RULE-MAKING
The Supreme Court has the power to promulgate rules
concerning the:
The protection and enforcement of constitutional rights
Pleading, practice and procedure in all courts
Admission to the practice of law
The Integrated Bar
Legal assistance to the underprivileged
A legislative grant of exemption from the payment of legal
fees under RA 8291 was held to be unconstitutional since
the payment of legal fees is an integral part of the rules
promulgated by the court pursuant to its rule-making power
under the Constitution. The separation of powers among
the three co-equal branches of our government has
erected an impregnable wall that keeps the powers to
promulgate rules of pleading, practice and procedure
within the sole province of the Supreme Court. The other
branches cannot trespass upon this prerogative by
enacting laws or issue orders that effectively repeal, alter
or modify any of the procedural rules (Re: Petition for
Recognition of the GSIS from Payment ofLegalFees, A.M.
No. 08-2-01-0, 2010).
However, it was ruled that Congress can amend the Rules
of Court in cases where it involves not just procedural
elements but also substantive matters (Republic v.
Gingoyon, G.R. No. 166429, 2006)
Rule-making power also includes the inherent power to
suspend its own rules in particular ases in the interest of
justice.
Limitations on Judicial Rule-Making:
1. It should provide a simplified and inexpensive
procedure for the speedy disposition of cases.
2. It should be uniform for all cotirts of the same grade.
It should not diminish, increase, or modify substantive
rights.
3. Order a change of venue or place of trial to avoid a
miscarriage of justice.
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POLITICAL LAW
ADMINISTRATIVE SUPERVISION OVER LOWER
COURTS
SC has administrative supervision over all inferior courts
and personnel:
Temporarily assign lower court judges to other stations in
the public interest.
Temporary assignment - shall not exceed 6 months
without the consent of the judge concerned.
Only the SC en banc has jurisdiction to discipline or
dismiss judges of lower courts.
Disciplinary Action/Dismissal: Majority Vote of SC
Justices who took part in the deliberations and voted
therein.
ORIGINAL AND APPELLATE JURISDICTION
SC has Original Jurisdiction over:
1. Cases affecting:
a. Foreign ambassadors
b. Other foreign public ministers
c. Consuls stationed in the Philippines
2. Petitions for:
a. Certiorari
b. Prohibition
c. Mandamus
d. Quo Warranto
e. Habeas Corpus
5. OTHER POWERS OF THE SC
• Power to Appoint: SC appointed al officials and
employees of the Judiciary in accordance with the Civil
Service Law
• Temporary Assignments of Judges: SC may
temporarily assign judges of lower courts to other
stations as public interest may require and NOT to
exceed 6 months without the consent of the judge
concerned
• Order a Change of Venue: SC may order a change of
venue or place of trial to avoid miscarriage of justice
• Contempt Powers:
SC has Appellate Jurisdiction over:
Over final judgments and orders in the following:
1. All cases involving constitutionality of Law,
International agreement or Treaty (LIT)
2. All cases involving the constitutionality, application or
operation of Proclamation, Order, Presidential decree,
Ordinance, ffegulation or Instruction (PROPORI)
3. All cases involving the legality of any: Tax, Impost, Toll,
Assessment or any Penalty imposed in relation thereto
(TITAP)
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4. All cases in which the jurisdiction of any lower court is
in issue
5. Criminal cases where the penalty imposed is reclusion
perpetua or higher
6. All cases where only errors or questions of law are
involved
Judicial Privilege
Judicial privilege insulates the Judiciary from an improper
intrusion into the functions of th judicial branch and
shields justices, judges, and court officials and employees
from public scrutiny or the pressure of public opinion that
would impair a judge's ability to render impartial decisions.
(In Re: Production of Court Records and Documents and
the Attendance of Court Officials and Employees as
Witnesses under the Subpoenas ofFebruary 10, 2012 and
the Various Letters of Impeachment Prosecution Panel
dated January 19 and 25, 2012, Notice of Resolution,
February 14, 2012).
Court records which are "predecisionar and "deliberative"
in nature are protected and cannot be the subject of a
subpoena. A document is "predecisionar if it precedes, in
temporal sequence, the decision to which it relates. A
material is "deliberative" if it reflects the give-and-take of
the consultative process. (In Re: Production of Court
Records and Documents and the Attendance of Court
Officials and Employees as Wffnesses under the
Subpoenas of February 10, 2012 and the Various Letters
of Impeachment Prosecution Panel dated January 19 and
25, 2012, Notice of Resolution, FebrUary 14, 2012).
Privileged documents or communications not subject
to disclosure:
Court actions such as the result of the raffle of cases and
the actions taken by the Court on each case included in the
agenda of the Court's session on acts done material to
pending cases, except where a party litigant requests
information on the result of the raffle of the case, pursuant
to Rule 7, Section 3 of the Rules of Court of the Supreme
Court (IRSC);
Court deliberations or the deliberations of the Members of
the court sessions on cases and rn tters pending before
the Court;
Court records which are "pre-decisional" and "deliberative"
in nature;
Confidential Information secured by justices, judges, court
officials and employees in the course of their official
functions mentioned in the 2 preceding enumerations, are
privileged even after their term of office;
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POLITICAL LAW
Records of cases that are still pending for decision are
privileged materials that cannot be disclosed, except only
for pleadings, orders and resolutions that have been made
available by court to the general public.
The principle of comity or inter-departmental courtesy
demands that the highest officials of each department be
exempt from the compulsory processes of the other
departments;
These privileges belong to the Supreme Court as an
institution, not to any justice or judge in his or her individual
capacity. Since the Court is higher than the individual
justices or judges, no sitting or retired justice or judge, not
even the Chief Justice, may claim exception without the
consent of the Court.
Judicial Privilege can be invoked to
1. Deny access to specific portions of the Court's records
to the Members of the House Prosecution Panel and
the Senate Impeachment Court;
2. Prevent the oral disclosure of specific matters by the
Justices or officials of the Supreme Court before the
Senate Impeachment Court
The Internal Rules of the Supreme Court (IRSC)
prohibits the disclosure of:
1. Result of the raffle of cases;
2. Actions taken by the Court on each case included in
the agenda of the Court's session;
3. Deliberations of the Members in court sessions on
cases and matters pending before it;
4. The privilege against disclosure of these kinds of
information/communication is known as deliberative
process privilege
To qualify for Protection under Deliberative Process
Privilege
To qualify for protection under the deliberative process
privilege , the agency must show that the document is both
predecisional and deliberative.
end of topic
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V. CONSTITUTIONAL COMMISSIONS CONSTITUTIONAL SAFEGUARDS TO

TOPIC OUTLINE UNDER THE SYLLABUS
A. Common provisions
B. Powers and functions of the CSC, COMELEC,
and COA
C. Composition and Qualifications of Members
D. Prohibited Offices and Iriterests
E. Review of final orders, Resolutions, and
Decisions
ENSURE INDEPENDENCE OF COMMISSIONS
Independent Constitutional Commissions
1. Civil Service Commission (CSC)
2. Commission on Elections (COMELEC)
3. Commission on Audit (COA)
Prohibited Offices and Interests (BEEH)
No member of a Constitutional Commission shall, during
his tenure:
(1) 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
(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) Hold any other Office or Employment;

What are the Constitutional safeguards to ensure

independence of the commissions?
(a) The commissions are constitutionally created, and may
not be abolished by law (Phil Const. art. IX-A, §1)
(b) Each is expressly described as 'independent'
(c) Each is conferred certain powers and functions by the
Constitution which cannot be reduced by statute (Phil
Const. art. IX-B, C, and D)
(d) The Chairmen and members cannot be removed,
except by impeachment (Phil Const. art. XI, § 2)
(e) The Chairmen and the members are given a fairly long
term of office of 7 years (Phil Const. art. IX-B, C, and
D, § 1112)
(f) The Chairmen and members may not be re-appointed
or appointed in an acting capacity
(g) The salaries of the Chairmen and members are
relatively high and may not be decreased during
continuance in ,office (Phil Const. art. IX, § 3; art. XVIII,
§ 117)
(h) The Commissions enjoy fiscal autonomy (Phil Const.
art. IX-A, §5).
(i) Each Commission en banc may promulgate its own
procedural rules, provided they do not diminish,
increase or modify substantive rights (PHIL. CONST.
art. IX, § 6)
• In case of conflict between the Rules of Court and
the Rules promulgated by the commission, the
prevailing rule will depend on where the case is
filed. If before the commission, the rule of the
commission prevails, if before a regular court, the
Rules of Court will prevail.

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• The power of the Suprerne Court to review the
rules of quasi-judicial agencies does not apply to
Constitutional Commissioris.
(j) The Chairmen and members are supject to certain
disqualifications calculated to strengthen their integrity
(PHIL. CONST. art. IX, § 2)
(k) The Commissions may appoint their own officials and
employees in accordance with Civil Service Law (PHIL.
CONST. art. IX, § 4).
What does fiscal autonomy mean?
Fiscal autonomy means that there i automatic and regular
release as opposed to the fiscal autonomy ,of the judiciary,
which includes the rule that appropriation may not be less
than the previous year.
What is the concept of 'Rotational Scheme of
Appointments'?
The "rotational scheme of appointments" provides that the
first appointees shall serve terms of 7, 5 and 3 years,
respectively. "There appears to be near unanimity as to the
purpose/s of the rotational system, as originally conceived,
i.e., to place in the commission a new appointee at a fixed
interval (every two years presently), thus preventing a four-
year administration appointing more than one permanent
and regular commissioner, orl to borrow from
Commissioner Monsod of the 1986 CONCOM, 'to prevent
one person (the President of the Ph lippines) from
dominating the commissions- (Funa v. Chairman of COA,
G.R. No. 192791, 2012).
The 2 conditions for the workability of the "Rotational
Scheme" are:
The terms of the first batch of comrrissioners should start
on a common date; and
Any vacancy due to the death, resignation or disability
before the expiration of the term should be filled only for
the unexpired balance of the term (Funa v. Chairman of
COA, G.R. No. 192791, 2012 citing Republic v. Imperial,
G.R. No. L-8684, 1955).
Where rotational scheme of appointments apply:
1. Civil Service Commission (CSC)
2. Commission on Elections (COMELEC)
3. Commission on Audit (COA)
4. Judicial and Bar Council (JBC)
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POLITICAL LAW
Promotional Appointment of Commissioner to
Chairman
Article IX-D, Sec. 1(2) does not prohibit a promotional
appointment from commissioner to chairman as long as:
(a) The commissioner has not served the full term of 7
years; and
(b) The appointment to any vacancy shall be only for the
unexpired portion of the term of the predecessor. [Sec.
1(2), Article IX-D]
(c) The promotional appointment must conform to the
rotational plan or the staggering of terms in the
commission membership.
Jurisprudence on Sec.1(2), Art.IX-D
(1) Term of Appointment: The appointment of members
of any of the three constitutional commissions, after the
expiration of the uneven terms of office of the first set
of commissioners, shall always be for a fixed term of
seven (7) years; an appointment for a lesser period is
void and unconstitutional.
The appointing authority cannot validly shorten the full
term of seven (7) years in case of the expiration of the
term as this will result in the distortion of the rotational
system prescribed by the Constitution.
(2) Rule on Appointment to Vacancies: Appointments to
vacancies resulting from certain causes (death,
resignation, disability or impeachment) shall only be for
the unexpired portion of the term of the predecessor;
such appointments cannot be less than the unexpired
portion [as it will disrupt the staggering].
(3) Members of Commission who served Full Term:
Members of the Commission who were appointed for a
full term of seven years and who served the entire
period, are barred from reappointment to any position
in the Commission. The first appointees in the
Commission under the Constitution are also covered
by the prohibition against reappointment.
(4) Eligibility for Appointment as Chairman of
Commissioner who resigns: A commissioner who
resigns after serving in the Commission for less than
seven years is eligible for an appointment as Chairman
for the unexpired portion of the term of the departing
chairman. Such appointment is not covered by the ban
on reappointment, provided that the aggregate period
of the length of service will not exceed seven (7) years
and provided further that the vacancy in the position of
Chairman resulted from death, resignation, disability or
removal by impeachment. This is note reappointment,
but effectively a new appointment
ATENEO CENTRAL
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(5) Rule on Temporary Appoinbnents Any member of
the Commission cannot be appointed or designated in
a temporary or acting capacity
Term of Office of Each Commission Member
The terms of the first Chairmen and Commissioners of the
Constitutional Commissions under the 1987 Constitution
must start on a common date, irresPective of the variations
in the dates of appointments and qua ifications of the
appointees, in order that the expiration of the first terms of
seven, five and three years should lead to the regular
recurrence of the two-year interval between the expiration
of the terms. This common appropriate starting point must
be on February 02, 1987, the data of the adoption of the
1987 Constitution.
A. Term — the time during which the officer may claim to
hold office as of right, and fixes, the interval after which
the several incumbents shall sdcceed one another.
B. Tenure — term during which the incumbent actually
holds the office.
The term of office is not affected by the hold- over. The
tenure may be shorter than the term for reasons within or
beyond the power of the incumbent [Gaminde v.
Commission on Audit, G. R. No. 140335 (2000)]
POWERS AND FUNCTIONSi OF
EACH COMMISSION
CLVIL SERVICE COMMISSION
Legal Basis: Art. IX—B, Sec. 3. The Civil Service
Commission, as the central personnel i agency of the
Government, shall establish a career service and adopt
measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil
service. It shall strengthen the merit and rewards system,
integrate all human resources development programs for
all levels and ranks, and institutioalize e l management
climate conducive to public accountability! It shall submit
to the President and the Congress an annual report on its
personnel programs.
Functions of the CSC
1. In the exercise of its powers to mplement R.A. 6850
(granting civil service eligibility to employees under
provisional or temporary status who have rendered
seven years of efficient service), the CSC enjoys a
wide latitude of discretion, and may not be compelled
by mandamus.(Torregoza v. Civil Service
Commission, 211 SCRA 230).
Page 68 of 320
POLITICAL LAW
2. Under the Administrative Code of 1987, the Civil
Service Commission has the power to hear and
decide administrative cases instituted before it
directly or on appeal, including contested
appointments.
3. The Commission has original jurisdiction to hear and
decide a complaint for cheating in the Civil Service
examinations committed by government employees.
[Cruz v. CSC, (2001)1
4. It is the intent of the Civil Service Law, in requiring the
establishment of a grievance procedure, that
decisions of lower level officials (in cases involving
personnel actions) be appealed to the agency bead,
then to the Civil Service Commission. [Olanda v.
Bugayong (2003)]
5. As the central personnel agency of the government,
shall establish a career service and adopt measures to
promote- morale, efficiency, integrity, responsiveness,
progressiveness and courtesy in the Civil Service.
a. It may revoke a certificate of eligibility motu
proprio and consequently, the power to revoke
one that has been given.
b. Where the case simply involves the
rechecking of examination papers and nothing
more than a re-evaluation of documents
already in the records of the CSC according to
a standard answer key previously set by it,
notice and hearing is not required. Instead,
what will apply in such a case is the rule of res
ipsa loquitur (Lazo v. Civil Service
Commission, G.R. No. 108824, 1994).
6. Strengthen the merit and rewards system
7. Integrate all human resources development programs
for all levels and ranks
8. Institutionalize a management climate conducive to
public accountability
9. Submit to the President and the Congress an annual
report of personnel programs
Scope of the Civil Service Commission (BIGAS)
1. Branches
2. Instrumentalities
3. OCCs with original charters
4. Agencies of the government
5. Subdivisions (Sec.2(1), Art. IX-B)
Composition
A Chairman, and 2 Commissioners
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• Qualifications (Art.IX-B, Sec.1(1))
1. Natural-born citizens of the Philippines;
2. At the time of their appointment, at least 35 years of
age
3. With proven capacity for public administration; and
4. Must not have been candicIPtes for any elective
position in the election immediately preceding their
appointment
Disqualifications
1. No candidate who has lost in any election shall, within
1 year after such election, be 9ppointed to any office
in the Government of any GOCC or in any of their
subsidiaries. (CONST. Art. IX-B Sec.6)
2. No elective official shall be eligible for appoint or
designation in any capacity to any public office or
position during his tenure. (CONST. Art. IX-B, Sec. 7,
Par(1))
Exceptions:
a. the Vice President may be appointed as
member of the Cabinei
b. Member of the Congress is designated to sit
in the JBC
3. Unless otherwise allowed by law or by the primary
functions of his position, no aPpointive official shall
hold any other office or employment in the government
or any subdivision, agency or instrumentality thereof
including GOCCs or their subsidiaries (CONST. Art.
IX-B, Sec.7, Par.(2))
4. No officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign, (CONST. Art IX-B, Sec.2, Par.(4))
Appointment and Term
Appointed by the President with the consent of the
Commission on Appointments. The term is 7 years, without
reappointment. The prohibition of reappointment applies
even if the Commissioner has serve for less than 7 years.
(BERNAS}
Appointment to any vacancy shall be only for the unexpired
term of the predecessor. In no case shall any member be
appointed or designated in a temporary or acting capacity.
(CONST. Art.IX-B, Sec.1, Par(2))
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POLITICAL LAW
Classes of Service
1. Career Service: characterized by entrance (a) based
on merit and fitness to be determined, as far as
practicable, by competitive examinations; or (b) based
on highly technical qualifications; with opportunity for
advancement to higher career positions and security
of tenure.
a. Open Career Positions: where prior
qualification in an appropriate examination is
required
b. Closed career positions: scientific or highly
technical in nature;
c. Career Executive Service: undersecretaries,
bureau directors
d. Career Officers: other than those belonging to
the Career Executive Service who are
appointed by the President (e.g. those in the
foreign service)
e. Positions in the AFP although governed by a
different merit system
f. Personnel of GOCCs with original charters
9. Permanent laborers, whether skilled, semi-
skilled or unskilled
2. Non-Career Service: characterized by entrance on
bases other than those of the usual tests utilized for
the career service, tenure limited to a period specific
by law, or which is co-terminus with that of the
appointing authority or subject to his pleasure, or which
is limited to the duration
a. Elective officials, and their personal and
confidential staff;
b. Department heads and officials of Cabinet
rank who hold office at the pleasure of the
President, and their personal and confidential
staff;
c. Chairmen and members of commissions and
bureaus with fixed terms;
d. Contractual personnel;
e. Emergency and seasonal personnel
The CSC cannot disallow an appointment to a position
authorized by law but not included in the Index of
Occupational Service. Although the CSC rules limit
appointments to positions within the Index of Occupational
Service, nevertheless, it is limited to the implementation of
the laws it is tasked to enforce. RA 8494 exempted the
Trade and Investment Corporation from conforming to the
position classification; thus, the appointment is valid (Trade
and Investment v. CSC, G.R.No.182249, 2013).
ATENEO CENTRAL
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Appointments in the Civil Service
General Rule: Made only according to merit and fitness to
be determined, as far as practicable, by competitive
examination
Exceptions:
(1) Policy determining — Where the officer lays down
principal or fundamental guidelines or rules; or
formulates a method of action for government or any of
its subdivisions; e.g. department head.
(2) Primarily confidential — Denoting not only confidence in
the aptitude of the appointee for the duties of the office
but primarily close intimacy which ensures freedom of
intercourse without embarrassment or freedom from
misgivings or betrayals on confdential matters of state
[De los Santos v. Mallare, 8i7 Phil 289]; OR one
declared to be so by the Pres dent of the Philippines
upon the recommendation of the CSC [Salazar v.
Mathay, 73 SCRA 285]
(3) Highly technical — Requires possession of technical
skill or training in supreme degree. [De los Santos v.
Mallare, supra]
Types of Appointment
1. Permanent Status: A permanent aPpointment shall
be issued to a person who mets all the requirements
for the positions to which he is being appointed,
including the appropriate eligibility prescribed, in
accordance with the provisions of law, rules and
standards promulgated in pursUance thereof.
2. Temporary Status: In the absence of appropriate
eligibles and when it becomes necessary in the public
interest to fill a vacancy, a temporary appointment shall
be issued to a person who mets all the requirements
for the position to which he is being appointed except
the appropriate civil service e gibilitY; provided that
such temporary appointment shall not exceed 12
months, but the appointee may be replaced sooner if
a qualified civil service eligible Lecomes available.
CSC may not terminate the eniployment of a civil
servant
The CSC may not terminate the mploYment of a civil
servant. The CSC is not a co-manager or surrogate
administrator of government offices and agencies. Its
functions and authority are limited to approving or
reviewing appointments to determine their compliance with
requirements of the Civil Service Law. On its own, •the
Commission does not have the power to terminate
employment or drop members from the rolls (UP and
Torres v. CSC, G.R. No. 132860, 2001).
Page 70 of 320
POLITICAL LAW
Security of Tenure in Civil Service Law
The concept of security of tenure in the Civil Service Law
is embraced in Section 2(3), Article XI-B. "No officer or
employee of the civil service shall be removed or
suspended except for cause provided by law."
Classes of non-competitive positions
Policy determining — where the officer lays down principal
or fundamental guidelines or rules or formulates a method
of action for government or any of its subdivisions.
(Nachura, p. 418)
Primarily confidential — when the nature of the office
requires close intimacy between the appointee and
appointing authority which insures freedom of intercourse
without embarrassment or freedom from misgiving of
betrayal of personal trust on confidential matters of state.
Highly technical — it means something beyond the
ordinary requirements of the profession. Hence, its
determination is always a question of fact. (CSC v. Javier,
G.R. No. 173264, 2008)
When Position Primarily Confidential
A position is considered primarily confidential if the
nature of the office requires close intimacy between the
appointee and appointing authority which insures freedom
of intercourse without embarrassment or freedom from
misgiving of betrayal of personal trust on confidential
matters of state.
The Guarantee of Security of Tenure for Primarily
Confidential Positions
They are covered by the guarantee of security of tenure
but the termination of their official relation can be justified
on the ground of loss of confidence because in that case
their cessation from office involves no removal but the
expiration of the term of office.
The CSC cannot take back-up files in the computer of an
employee to determine if he was acting as counsel for
employees with cases before the Commission when such
employee has a reasonable expectation of privacy. In
determining such, the following factors should be
considered: (RAC)
The Employee's Relationship to the item seized;
Whether the employee took Action to maintain his privacy
in the item
Whether the item was in the immediate Control of the
employee; (Polio v. Constantino-David, G.R. No. 181881,
2011)
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Rule on Security of Tenure
No officer of employee of the CSC shall be removed or
suspended except for causes provided 1:); law. (CONST.
Art. IX-B, Sec.2, Par.(3)) Security tejhure is available even
to positions which are considered highly technical, policy-
determining and primarily confidential.
Rule on Partisan Political Activity
Joint Circular No.001 d. 2016 of the COMELEC and CSC
reiterated Art.IX, Sec.2(4) that no officer or employee in the
civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign. However, the
prohibition of engaging in partisan political activity does
not apply to department secretaries (Santos v Yatco, GR
No. L013932, December 24, 1959)
Right to Self-Organization
The right to self-organization sha I not be denied to
government employees. But employees in the civil service
may not resort to strikes, walkouts, and other temporary
work stoppages, like workers in the private sector, to
pressure the government to accede to their demands.
Thus, their right to organize does not include the right to
strike. (SSS V. CA, GR No. 85279, j1.11LY 28 1989)
Prohibition against Additional and Double
Compensation
Rule: No elective or appointive public officer or employee
shall receive additional, double, or indirect compensation,
unless specifically authorized by law, nor accept without
the consent of the Congress, any present, emolument,
office or title of any kind from any foreign government.
Note that, pensions or gratuities shall not be considered as
additional, double or indirect comi)ensat on. (CONST.
Art.IX-B, Sec.8)
a. Additional Compensation: when for one and the
same office for which compensation has been fixed
there is added to such fixed compensation an extra
reward in the form of bonus and the like (BERNAS)
b. Double Compensation: refers to two sets of
compensation for two different offices held
concurrently by one officer
Can ex officio members receive per diems?
No, ex officio members of a board are not entitled to per
diems. (PEZA,v COA, GR No. 189767, July 3, 2012)
Page 71 of 320
POLITICAL LAW
COMMISSION ON ELECTIONS
Composition
One Chairman and 6 Commissioners
Qualifications (NTCIM)
1. Natural-born citizen;
2. At least 35 years old at the time of appointment;
3. College degree holder;
4. Not a candidate in any election immediately preceding
the appointment; and
5. Majority, including the chairman, must be members of
the Philippine Bar who have been engaged in the
practice of law for at least 10 years (CONST., Art.IX-
C, Sec.1, Par.(1))
Appointment and Term
Appointed by the President with the consent of the
commission of Appointment, for a term of 7 years, without
reappointment. (CONST. Art. IX-C, Sec.1, Par(2))
If the appointment was ad interim, a subsequent renewal
of the appointment does not violate the prohibition on
reappointment because no previous appointment was
confirmed by the Commission on Appointment. Further,
the total term of both appointments must not exceed the 7
year limit (Matibag v. Benipayo, GR No. 149036, April Z
2002)
Constitutional Powers and Functions
Enforce and administer
• All laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum, and
recall. e.g., COMELEC can enjoin construction of
public works within 45 days of an election.
• The COMELEC can take cognizance of any
question on the conduct of plebiscite such as to
correct or check what the Board of Canvassers
erroneously or fraudulently did during the
canvassing, verify or ascertain the results of the
plebiscite either through pre-proclamation case or
through revision of ballots. The power of the
COMELEC to ascertain the results of the plebiscite
is implicit in the power to enforce all laws relative
to the conduct of plebiscite.
• COMELEC can take jurisdiction over cases
involving party identity and leadership or
controversy as to leadership in the party. Such
jurisdiction is sourced from the general power of
the Commission to administer laws and rules
involving the conduct of election.
ATENEO CENTRAL
BAR OPERATIONS 2019
• There is no need for a special legislation for the
authorization of the conquct of recall elections
because it is deemed included in the constitutional
function of COMELEC, hekce, contemplated in its
budget in the GAA (Goi? v. Bayron, G.R. No.
212584, 2014).
Exercise
Exclusive original jurisdiction over all contests relating to
the elections, returns, and qualifications of all elective
regional, provincial and city officials
Election contests in the Sangguniang Kabataan (SK) are
not under COMELEC jurisdiction but under the jurisdiction
of the DILG.
Appellate jurisdiction over all contests involving:
Elective municipal officials dec ded by trial courts of
general jurisdiction , • This power is NOT limited to the election period.
Elective barangay officials decided by trial courts of
limited jurisdiction
• A petition for certiorari quest oning an interlocutory
order of a 'trial court in an electoral protest was within
the appellate jurisdiction of theii COMELEC. The Court
recognizes the COMELEC's a pellate jurisdiction over
petitions for certiorari against all acts, or omissions of
courts in election cases (Bultlis v. Nuez, G.R. No.
195953, 2011).
• Petition for certiorari questioning the decision of
COMELEC division is premature as there is a plain and
speey remedy before COMELEC En Banc (Villarosa v.
Festin, G.R. No. 212953, 2014).
• Decisions, final orders, or rulings of the
COMELEC contests involying elective municipal
and barangay offices shall be final, executory,
and not appealable.
Exception:
May be appealed to the SC EN BANC on questions of law
When the decision is brought on a special civil action for
certiorari, prohibition, or mandamus under Rule 64 for
grave abuse of discretion under Art cle IX-A Section 7.
Contempt powers 1 prosecute cases for violations of election laws.
1 actions of the prosecutors are the actions of the
COMELEC can exercise this power only in relation to its
adjudicatory or quasi-judicial functions.; It CANNOT
exercise this in connection with its purely executive or
I election cases falling within its jurisdiction.
ministerial functions.
If it is a pre-proclamation controversy, the COMELEC
exercises quasi-judicial or administrative pOwers.
Its jurisdiction over 'contests' (after proclamation) is in
exercise of its judicial functions.
Page 72 of 320
POLITICAL LAW
d. Issue writs of certiorari, prohibition and
mandamus in the exercise of its appellate
jurisdiction.
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, and registration of voters.
These petitions are cognizable by the Regular Courts
(MTC).
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.
• Applies to both criminal and administrative
cases.
Register political parties, organizations, or coalitions,
accredit citizens' arms of the Commission on Elections.
• Political parties, etc. must present their platform or
program of government.
• There should be sufficient publication.
• Groups that cannotbe registered:
Religious denominations/ sects
Those that seek to achieve their goals through violehce or
unlawful means
Those that refuse to uphold and adhere to the Constitution.
Those supported by any foreign government e.g. receipt of
financial contributions related to elections
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, offenses and malpractices.
COMELEC has exclusive jurisdiction to investigate and
COMELEC can deputize prosecutors for thispurpose. The
COMELEC.
COMELEC can conduct preliminary investigation on
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.
ATENEO CENTRAL
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Recommend to the President the renioval 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.
Submit to the President and the Congress a
comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall. (CONST. Art.
IX-C, Sec. 2)
The vote requirement for a valid COMELEC en Banc
oi
resolution is a majority of the votes all members, or 4
votes. If the six members are evenly divided, the
Commission on Elections should rehear the case (Sevilla
v. COMELEC, G.R. 203833, 2013).
Powers not given to COMELEC
Decide questions involving the right o vote (placed under
jurisdiction of courts);
Transfer municipalities from one congressional district to
another for the purpose of preserving proportionality.
Cases decided by COMELEC subject to judicial
review:
Decisions or determinations by COM LEC n the exercise
of its administrative (not quasi-judicial) power may be
questioned in an ordinary civil action before the trial court.
(Filipinas Engineering & Machine Shop v. Ferrer, G.R. No.
L-31455, 1985).
• The Court has no power to review on certiorari an
interlocutory order or even a final resolution issued by
a DIVISION of the COMELEC. The Court can only
review a final decision or resolution of the COMELEC
en banc (Cagas vs. COMELEG1, G.R. No. 194139,
2012).
• COMELEC has jurisdiction to determine the presence
of "probable cause" in election cases. The finding of
probable cause and the prosecution of election
offenses rests in the COMELEC's sound discretion
(Baytan v. COMELEC, G.R. No. 153945, 2003).
• The Chief State Prosecutor, who may have been
designated by the COMELEC to prosecute a criminal
action, merely derives his authority from the
COMELEC. It is beyond his power tO oppose the
appeal made by COMELEC (Comelec v. Silva, G.R.
No. 129417, 1998).
The COMELEC cannot itself, in the same cancellation (of
certificate of candidacy) case, decide the qualification or
lack thereof of the candidate if such issues are yet
undecided or undetermined by the p7er authority.
Page 73 of 320
POLITICAL LAW
• The provisions in Article IX, C, Section 2, enumerating
the powers and functions of COMELEC does not have
the same exactitude of the provisions of Art. VI, Sec.
17, which provides for the HRET and SET, or that of
Art. VII, Sec. 4, which provides that the SC en banc
shall be the sole judge of all contest regarding the
Presidency and Vice-Presidency. These tribunals have
jurisdiction over the question of qualifications of the
President, VP, Senators, and the HoR.
o Not one of the enumerated powers of the
COMELEC as stated in Article IX C, Sec. 2 of the
Constitution grants the commission the power to
determine the qualifications of a candidate.
• In Fermin v COMELEC, the SC ruled that mere rules
could not be sufficient to provide the COMELEC with
power to decide on the ineligibility of candidates.
• Insofar as the qualification of a candidate is concerned,
Rule 25-and Rule 23 of the COMELEC rules do not
allow authorization and do not constitute vestment of
jurisdiction for the COMELEC to determine the
qualification of a candidate.
• The facts of qualification must first be established in a
prior proceeding before an authority vested with
jurisdiction. Prior determination of qualification may be
by statute, by an executive order or by a judgment of a
competent court or tribunal.
• Lacking this prior determination, the certificate of
candidacy cannot be cancelled or denied due course
on ground of false representations regarding a
candidate's qualifications except if there exists self-
evident facts of unquestioned or unquestionable
veracity and judicial confessions.
• In this light the COMELEC cannot cancel Poe's
certificate of candidacy lacking prior determination of
her qualifications by a competent body. (Poe-
Llamanzares v. Comelec et al, G.R. Nos. 221697 &
221698-700, March 8, 2016)
Regulation of Public Utilities, Media and Franchises
The COMELEC may, during the election period, supervise
or regulate the utilization of all franchises or permits for the
operation of transportation and other public utilities, media,
all grants, privileges and concessions, granted by the
Government. (CONST. Att.IX-C, Sec. 4)
The aim is to ensure equal opportunity, time, and space,
and the right to reply, including reasonable equal rates for
public information campaigns and forums among
candidates. (CONST. Art. !X-C, Sec.4)
ATENEO CENTRAL
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Can print media be compelled to allocate free space?
No. Print media may not be coMpelled to allocate free
space to the Commission. Such would amount to a taking
of property without just compensation. (Philippine Press
Institute v. COMELEC, GR No 116694, May 22, 1995)
Can the COMELEC regulate expressions made by
private citizens?
No. COMELEC had no legal basis to regulate expressions
made by private citizens. As such, COMELEC's order to
remove the tarpaulin posted by the Diocese of Bacolod
bearing the heading 'Conscience Vote' was
unconstitutional. (Diocese ofBacot d v COMELEC, GR No
205728, January 21, 2015)
COMMISSION ON AUDIT
Composition
1 Chairman, 2 Commissioners
Qualifications
I. Natural born citizen;
2. At least 35 years old at the time of appointment
3. CPAs with at least 10 years auditing experience or
members of the Bar with at least 10 years of
experience in the practice of lsw; at no time shall all
members belong to the same professiOn, and
4. Not a candidate in any election immediately preceding
appointment (CONST. Art. IX-D, Sec.1, Par(1))
Appointment and Term
Appointed by the President with the consent of the
Commission of Appointments for a term of 7 years, without
reappointment.
Appointment to any vacancy shall only be for the unexpired
portion of the term of the predecessor.
In no case shall any member be appointed or designated
in a temporary or acting capacity (CONST. Art. IX-D,
Sec.1, Par.(2))
Powers and Duties of the Commission
Examine, audit, and settle all accounts pertaining to:
• Revenue and receipts of funds or property
• Expenditures and uses of furids or property owned
or held in trust by, or pertain to:
a. The Government
b. Any of its subdivisions agencies or
instrumentalities
c. GOCCs with original charters.
Page 74 of 320
POLITICAL LAW
COA is endowed with enough latitude to determine,
prevent and disallow irregular, unnecessary, excessive,
extravagant or unconscionable expenditures of
government funds. In resolving cases brought before it on
appeal, respondent COA is not required to limit its review
only to the grounds relied upon by a government agency's
auditor with respect to disallowing certain disbursements
of public funds. In consonance with its general audit
power, respondent COA is not merely legally permitted, but
is also duty-bound to make its own assessment of the
merits of the disallowed disbursement and not simply
restrict itself to reviewing the validity of the ground relied
upon by the auditor of the government agency
concerned. To hold otherwise would render COA's vital
constitutional power unduly limited and thereby useless
and ineffective (Yap v. Commission on Audit, G.R.
No.158562, 2010).
Funds cannot be released without auditing in pre-audit
while in post-audit, the auditing is done only after the
funds are released.
To settle government accounts
- This means the power to settle liquidates accounts i.e.
accounts which may be adjusted simply by an arithmetical
process. It does not include the power to fix the amount of
an unfixed or undetermined debt.
To define the scope and techniques for its own auditing
procedures;
To promulgate accounting and auditing rules including
those for the prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable
expenditures;
Conduct post-audit with respect to the following:
- Constitutional bodies, commissions, and offices granted
fiscal autonomy
- Autonomous state colleges and universities
- GOCCs and their subsidiaries incorporated under the
Corporation Code
- Non-governmental entities receiving subsidy or equity,
directly or indirectly, from or through the government,
which are required by law, through the granting institution,
to submit to such audit.
- To decide administrative cases involving expenditure of
public funds (CONST. Art. IX-D, Sec.2)
If COA finds the internal control system of audited
agencies inadequate, COA may adopt measures,
including temporary or special pre-audit, as necessary to
correct deficiencies.
ATENEO CENTRAL
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Keep the general accounts of the government, preserving
vouchers and other supporting papers pertaining thereto.
The functions of COA can be classified as:
1. Examining and auditing all forms of government
revenues and expenditures
2. Settling government accounts
3. Promulgating accounting and auditing rules
4. Deciding administrative cases involving expenditures
of public funds.
COA's non-exclusive power to au it
The COA does not have the exclus ve power to examine
and audit government entities. As such, public
corporations under COA, jurisdiction may employ private
auditors. However, COA's findings and conclusions
necessarily prevail over those of p6ate auditors, at least
insofar as government agencies and officials are
concerned (DBP v COA, GR No. 88435, January 16, 2002)
Thus, private auditors can be hired but if there is a conflict,
COA audit prevails.
Prosecutors Power to Review ccounts Settled by
COA
Prosecutors may still review accounts already settled and
approved by COA for the purpose o determining possible
criminal liability. This is because COA's interest in such
accounts is merely administrative.
Exclusive Authority to Define Scope of Audit and
Examination
Pursuant to its mandate as the guardians of public funds,
the COA has the exclusive authority to define the scope of
its audit and examination, establish the techniques and
methods for such review and promulgate accounting and
auditing rules and regulations (Veloso v. Commission on
Audit, G.R. No. 193677, 2011).
What are Considered Private Corporations
Note that not all corporations, whic11 are not government
owned or controlled, are ipso facto to be considered private
,
corporations as there exists another distinct class of
corporations or chartered institutionS which are otherwise
known as "public corporations." These corporations are
treated by law as agencies or instrumentalities of the
government. As presently constituted, the 13SP is a public
corporation created by law for a public purpose, and being
such the funds of the BSP fall under the jursdiction of the
Commission on Audit (Boy Scouts of the Philippines v.
COA, G.R. No. 177131, June 7, 2011)
Complete Discretion afforded to COA
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POLITICAL LAW
COA is generally accorded complete discretion in the
exercise of its constitutional duty and responsibility to
examine and audit expenditures of public funds. Only in
instances when COA acts without or in excess of
jurisdiction or with grave abuse of discretion amounting to
lack or excess of jurisdiction shall the Court interfere. Thus,
COA •can disallow TESDA from paying a healthcare
allowance to their employees. (TESDA v. COA, G.R. No.
196418, Feb 10, 2015)
Jurisdiction
1. Of the Commission in General: No law shall be passed
exempting any entity of the Government, or any
investment of public funds, from the jurisdiction of the
COA (CONST.Art. IX-D, Sec.3)
2. Over GOCCs: The Constitution vests in the COA audit
jurisdiction over 'government-owned and controlled
corporations with original charters, as well as
3. government owned or controlled corporations without
original charters'. GOCCs with original charters are
subject to COA pre-audit, while GOCCs without
original charters are subject to COA post-audit. The
determining factor of COA's audit jurisdiction is
government ownership or control of the corporation.
4. Over LGUs: LGUs, through granted local fiscal
autonomy are still within the audit jurisdiction of the
COA (Veloso v COA, GR No. 193677, September 6,
2011)
COA authority in Public Bidding
COA has the power to determine the meaning of 'public
bidding' and what constitutes failure of the same when
regulations require public bidding for the sale of
government property.
JURISDICTION OF EACH
CONSTITUTIONAL COMMISSION
Civil Service Commission
Scope: All branches, subdivisions, instrumentalities,
agencies of the government, including government owned
and controlled corporations with original charters.
• "With Original Charter" means that the GOCC was
created by special law or by Congress
• If incorporated under the Corporation Code, it does not
fall within the Civil Service and is not subject to the
CSC jurisdiction
• If previously government-controlled, but is later
privatized, it ceases to fall under CSC
• Jurisdiction is determined as of the time of filing the
complaint.
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Commission on Elections
EXCLUSIVE ORIGINAL jurisdiction over all contests
relating to the elections, returns, and qualifications of all
elective REGIONAL, PROVINCIAL and CITY officials
Election contests in the Sangguniang Kabataan (SK) are
not under COMELEC jurisdiction but under the jurisdiction
of the DILG.
• APPELLATE jurisdiction over all contests
involving:
o ELECTIVE MUNICIPAL officials decided
by trial courts of gPneral jurisdiction
o ELECTIVE 'BARANGAY Officials decided
by trial courts of limited jurisdiction
• A petition for certiorari questioning an interlocutory
order of a trial court in an electoral protest was
within the appellate jurisdiction of the COMELEC.
The Court recognizes the COME1LEC's appellate
jurisdiction over petitions for certiorari against all
acts or omissions of courts in election cases (Bull/is
v. Nuez, GR. No. 195953, 12011).
• The COMELEC HAS jurisdiction over intra-party
disputes. The ascertainment of the identity of a
political party and its legitirrate officers is a matter
that is well within its authority. The COMELEC has
the power to enforce and adminiSter all laws and
regulations relative to the conduct Of an election.
• To resolve the issue, the COMELEC need only
refer to the Party Constitution. It need not go as far
as to resolve the root of the conflict between the
parties. It need only resole issues as may be
necessary in the exercise of its enforcement
powers.
Commission on Audit
COA is endowed with enough latitude to determine,
prevent and disallow irregular, unnecessary, excessive,
extravagant or unconscionable expenditures of
government funds. In resolving cases brought before it on
appeal, respondent COA is not required to limit its review
only to the grounds relied upon by a government agency's
auditor with respect to disallowing pertain disbursements
of public funds. In consonance With its general audit
power, respondent COA is not mereIj legally permitted, but
is also duty-bound to make its own assessment of the
merits of the disallowed disbursement and not simply
restrict itself to reviewing the validit of the ground relied
upon by the auditor of the government agency
concerned. To hold otherwise wo Id render COA's vital
constitutional power unduly limited and thereby useless
and ineffective (Yap v. Commission 77 Audit, G.R.
No.158562, 2010).
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POLITICAL LAW
COA has authority not just over accountable officers but
also over other officers who perform functions related to
accounting such as verification of evaluations and
computation of fees collectible, and the adoption of internal
rules of control.
COA has the authority to define the scope of its audit and
examination, establish the techniques and methods for
such review and promulgate accounting and auditing rules
and regulations (Veloso v. Commission on Audit, G.R. No.
193677, 2011).
The Boy Scout of the Philippines ("BSP") is a govemment-
owned and controlled corporation under the jurisdiction of
COA. The BSP Charter (Commonwealth Act 111), entitled
"An Act to Create aPublic Corporation to be Known as the
Boy Scouts of the Philippines, and.to Define its Powers and
Purposes" created the BSP-as a "public corporation" (BSP
v. COA, G.R. No. 177131, 2011).
The Manila Economic and Cultural Office ("MECO") is
subject to audit by the COA. The MECO is sui generis. it
was established when the Philippines severed diplomatic
relations with Taiwan upon recognition of China. None of
its members are government officials. his not a GOCC nor
an instrumentality. Its functions are of a kind that would
otherwise be performed by the diplomatic and consular
offices of the Philippines. Nevertheless, the consular fees
collected by the MEC may be audited-by the COA.
Water districts are within the coverage of the COA. A water
district is a GOCC with a special charter since it is created
pursuant to a special law. Thus, COA has the authority to
investigate whether directors, officials or employees of
GOCCs receiving allowances and bonuses are entitled to
such benefits under applicable laws.
REVIEW OF FINAL ORDERS,
RESOLUTIONS, AND DECISIONS
How Commission decides Matters or Cases
Each commission shall decide matters or cases by a
majority vote of all its members within 60 days from
submission. The rule on majority vote shall apply both in a
division or en banc.
Who constitutes 'majority'
This provision is clear when it says that the voting should
be a majority vote of all its members and not only of those
who participated in the deliberation and voted therein.
Effect of Resignation of a Commissioner
When a commissioner resigns, it does not automatically
invalidate the decision. So long as the required majority of
the commission is still achieved despite the withdrawal of
the vote of the one who resigned, the decision shall stand.
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o Exception: COMELEC mar sit en banc or in 2 to bring the appeal (PD 807, sec. 37- 39); (CSC v.
divisions. Dacoycoy, G.R. No. 135805, 1999).

How Election cases are decided On Enforcement - It has been held that the CSC can issue a
Election cases, including pre-proclamation controversies writ of execution to enforce judgments, which is deemed
are decided in division, with motions for reconsideration final.
filed to the COMELEC en banc.
end of topic
Majority decision of a Division
The SC has held that a majority ecision decided by a
division of the COMELEC is valid.

No One member can decide a ca” for the Commission

As collegial bodies, each commission must act as one,
and no one member can decide a case for the entire
commission. (e.g. Chairman canno ratify a decision that
would otherwise have been void.)

1. Rendered in the exercise of quasi-judicial

functions
• Decisions, orders or rulings of the COMELEC or the
COA may be brought on cert orari to the SC under
Rule 64.
• Decisions, orders or ruling of the CSC should be
appealed to the CA under Ru e 43.
• Period for appeals is 30 days from receipt of a copy
of the decision, order, or ruling.
• It is however a requiremebt, that a motion for
reconsideration must first be Mad before the
commission en banc, before resort to court is taken.
• The certiorari jurisdiction of tl-e court is limited only
to cases and matters rendered by a commission in
the exercise of its adjudicatory power, or those
relating to an election dispute and not to cases and
matters purely administrative or executive in nature.

Rendered in the Exercise of Administrative Functions

Administrative disciplinary cases nvolving penalty of
suspension for more than 30 days, or fine in an amount
exceeding 30 days' salary, demotion transfer, removal, or
dismissal from office shall be appealable to the CSC

Decision may be executed pending ppeal

Decision of CSC may be brought on appeal to the CA

under Rule 43
Decision of CA may be brought on appeal to the SC under
Rule 45.

Exoneration of officers or employees from administrative

charges does not bar appeal. The CSC is the proper party

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VII.-BILL OF IRGHTS 2. Just Compensation

TOPIC OUTLINE UNDER THE SYLLABUS 3. Expropriation by Local Government Units
A. Fundamental Powers of the State M. Non-Impairment of Contracts
B. Private Acts and the Bill of Rights N. Free Acess to Courts and Adequate Legal
C. Rights to Life, Liberty, and Property Assistance
1. Procedural and Substantive Due Process 0. Custodial Investigation Rights
2. Void-for-Vagueness Doctrine P. Rights of the Accused
3. Hierarchy of Rights Q. Right to the Speedy Disposition of Cases
D. Equal Protection R. Right Against Self-Incrimination
1. Requisites for Valid Classification S. Right Against Double Jeopardy
2. Rational Basis, Strict Scrutiny, and T. Involuntary Servitude
Intermediate Scrutiny Tests U. Right Against Excessive Fines, and Cruel and
E. Searches and Seizures Inhuman Punishments
1. Requisites for a Valid Warrant V. Non-Imprisonment for Debts
2. Warrantless Searches and Seizures W. Ex post facto laws and Bills of Attainder
3. Administrative Arrests X. Writs of Habeas Corpus, Kalikasan, Habeas
4. Evidence Obtained through purely Data, and Amparo
Mechanical Acts
F. Privacy of Communications an4I
Correspondence
1. Private and Public Communications
2. Intrusion, when allowed; Exclusionary
Rule
G. Freedom of Speech and Expression
1. Prior Restraint and Subsequent
Punishment
2. Content-Based and Content-Neutral
Regulations
3. Facial Challenges and the Overbreadth
Doctrine
4. Dangerous Tendency Balancing of
Interests, and Clear and Present Danger
Tests
5. State Regulation of D fferent Types of
Mass Media
6. Commercial Speech
7. Unprotected Speech
H. Freedom of Religion
1. Non-Establishment ar Free-Exercise
Clauses
2. Benevolent Neutrality and Conscientious
Objectors
3. Lemon and Compelling State Interests
I. Liberty of Abode and Right to Travel
1. Scope and Limitations
2. Watch-list and Hold Dpearture Orders
J. Right to Information
1. Scope and Limitations
2. Publication of Laws and Regulations
K. Right of Association
L. Eminent Domain
1. Concept of Public U7

Page 78 of 320
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FUNDAMENTAL POWERS OF THE STATE: POLICE
POWER, EMINENT DOMAIN, TAXATION
CONCEPT, APPLICATION, AND LIMITS
The totality of governmental power is contained in three
great powers: police power, power df eminent domain and
power of taxation. These belong to the very essence of
government, without which no govarnment can exist...a
constitution does not grant such poWers to government; a
constitution can only define and delimit them and allocate
their exercise among various government agencies
(Bernas, The 1987 Constitution of the Republic of the
Philippines, 2009).
REQUISITES FOR VALID EXERCISE
• Based on public necessity and the right of the State and
of the public to self-protection. For this reason, its scope
expands and contracts with chan ing needs (Baseco V.
PCGG, G.R. No. 75885, 1987).
• It is the power of the State to enact regulations to
promote the health, morals, peace and order, and
welfare of the society (Ermita-Malate Hotel and Motel
Operators v. City Of Manila, G.RJ No. L-24693, 1967).
These fall under "public necessity.
• Police power has been properly characterized as the
most essential, insistent, and t e least limitable of
powers, extending as it does to all the great public needs
[Id.]
Police Power (SM)
1. Reasonable Subject — The subject of the measure is
J Jurisdiction of the government levying the tax; and
within the scope of police power, i.e., that the activity or
property sought to be regulated affects the public
welfare. The interest of the iublic, generally, as
compared to a particular class requires interference by
the state.
2. Reasonable Means — the mans employed are
reasonably necessary for the accomplishment of the
purpose, and not unduly oppressive on individuals.
Both the end and the means must be leg timate (United
States v. Toribio, G.R. No. L-5060, 1910).
Nature
Legislative but may be delegated to the following:
• President
• Administrative Bodies
• Legislative bodies of Local G vernment Units
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POLITICAL LAW
Taxation (PUJ-NO)
• Must be exercised for public purpose, it must be
uniform and equitable (Sison v. Ancheta, G.R. No. L-
59431, 1984).
• The taking of property without due process of law may
not be passed over under the guise of taxing power,
except when the latter is exercised lawfully as when
(Pepsi-Cola Bottling Company v. Municipality Of
Tanauan, Leyte, 69 SCRA 460, 1976):
1. The tax is for a Public purpose; — The right of the
legislature to appropriate public funds is correlative
with its right to tax and as such the power of taxation
may only be exercised for public purposes. In that
case, the appropriation of public funds for the
construction of feeder roads on land owned by a private
person is invalid for being made for other than a public
purpose (Pascual v. Secretary of Public Works, G.R.
No. L-10405, 1960).
2. The rule on Uniformity of taxation is observed; —
By uniformity, the Constitution does "not signify an
intrinsic, but simply a geographic uniformity... A tax is
uniform when it operates with the same force and effect
in every place where the subject of it is found"
(Churchill v. Concepcion, G.R. No. 11572, 1916).
Uniformity requires that all subjects or objects of
taxation similarly situated are to be treated alike or put
on equal footing both in privileges and liabilities (Sison
v. Ancheta, G.R. No. L-59431, 1984).
3. Either the person or property taxed is within the
4. In the assessment and collection of taxes Notice
and Opportunity for hearing are provided.
Eminent Domain (PU-JU)
• The purpose of the taking must be public use. Just
compensation must be given to the private owner
(Bernas, The 1987 Constitution of the Republic of the
Philippines, 2009).
• The State has a paramount interest in exercising its
power of eminent domain for the general welfare and
that the superior right of the State to expropriate private
property always takes precedence over the interest of
private owners, provided that:
(a) the expropriation is for public use
(b) the exercise of the right to eminent domain
complies with the guarantees of due process
(Estate of JBL Reyes v. City of Manila, G.R. Nos.
132431 & 137146, 20041.
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1. Public Use — It means pubic usefulness, utility, or
advantage or what is productive of general benefit, so
that any appropriating of priv+ property by the state
under its right of eminent doma n, for purposes of great
advantage to the community, is a tak ng for public use
(Bemas, The 1987 Constitution of the Republic of the
Philippines, 2009 citing Gohld Realty Co. v. Hartford,
104A. 2d365, 368-9 Conn., 1954). What has emerged
is a concept of public use whiaih is as broad as public
welfare. The scope of the powe1. of em nent domain has
become as broad as the expansive and ever
expanding scope of police power itself (Bemas, The
1987 Constitution of the RepUblic of the Philippines,
2009)
2. "Taking" requires: EPAP-D
1. Expropriator must Enter the private property
2. Entrance must not be for a momentary period,
must be Permanent
3. Entry must be under warrant or color of legal
Authority,
4. Property must then be devoted to a Public use,
5. Utilization of property must Deprive owner of all
beneficial enjoyment of the property (Republic v.
Vda. Castellvi, G.R. No. L-20620, 1974).
3. Just Compensation — This includes not only the
determination of the amount to be paid (market value)
to the owner of the land but a so the payment of the
land within a reasonable period of time from its taking
(Municipality of Makati v. Court of Appeals, G.R. No.
89898-99, 1990). It also includes interest in case of
delay (Republic v. Court of Appeals, G.R. No. 146587,
2002).
SIMILARITIES AND DIFFERENCES OF
FUNDAMENTAL POWERS
(See table above)
A. As to authority which exercises the power
• Police power and taxation may be exerdsed only by the
government or its political subdivisions
I be estimated.
• The exercise of the power of eminent ciomain may be
granted to public service compan es or public utilities.
B. As to purpose
• In police power, the use of the property is "regulated" for
the purpose of promoting the general welfare, hence it
is not compensable
• In taxation, the property (generally in the form of money)
is taken for the support of government
• In eminent domain, the property is "taken" for public use
or benefit, hence, it must be compensated.
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POLITICAL LAW
C. As to persons affected
• Police power (usually) operates upon a community or a
class of entities or individuals
• Eminent domain operates on an entity or an individual
as the owner of a particular property.
D. As to effect
• In police power, there is no transfer of title, at most there
is a restraint on the injurious use of the property
• In taxation, the money contributed in the concept of
taxes'becomes part of the public funds
• In eminent domain, there is a transfer of the right to
property whether it be ownership or to a lesser right
(e.g., possession.)
E. 'As to benefits received
• In police power, the person affected receives no direct
and immediate benefit but only such as may arise from
the maintenance of a healthy economic standard of
society and is often referred to as damnum absque
injuria, i.e., "damage without injury."
• In taxation, it is assumed that the person affected
receives the equivalent of the tax in 'the form of
protection and benefits he receives from the government
as such.
• In eminent domain, the person affected receives the
market value of the property taken from him.
F. As to amount of imposition
• In police power, the amount imposed should not be more
than sufficient to cover the cost of the license and the
necessary expense of police surveillance and
inspection, examination, or regulation as nearly as can
• In taxation, there is generally no limit to the amount that
may be imposed.
• In eminent domain, there is no amount imposed but
rather the owner is paid the market value of the property
taken.
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DELEGATION implementation which may call for some degree of

Police Power
While police power rests primari y with the national
legislature, such power may be delegated Section 16 of
the LGC, known as the general welfare clause,
encapsulates the delegated police power to local
governments (Social Justice Society v. Atienza, G.R. No.
156052, 2007).
Taxation
The power of taxation is essentially a legislative function.
Taxation is an attribute of sovereignty. It is the strongest of
all powers of the government. There is a presumption in
favor of legislative determination. Public policy decrees
that since upon the prompt collection of revenue depends
the very existence of government iteelf, whatever
determination shall be arrived at by the leg'slature should
not be interfered with, unless there be a clear violation of
some constitutional inhibition (Sarasola v. Trinidad, 40
Phil.252, 1919).
The Legislature is free to select the subjects of taxation
and it may determine within reasonable bounds what is
necessary for its protection and expedients for its
promotion (Lutz v. Araneta, G.R. No. L-7859, 1955).
discretionary powers under a set of sufficient standards
expressed by law (Maceda v. Macaraig, G.R. No.
88291, 1993).
Eminent Domain
The matter is legislative, however, "once authority is given
to exercise the power, the matter ceases to be wholly
legislative. The executive authorities may then decide
whether the power will be invoked and to what extent
(Republic v. Juan, G.R. No. L-24740, 1979).
It may be delegated to LGUs, other public entities and
public utilities. The scope is narrower and may be
exercised only when authorized by Congress, subject to its
control and restraints imposed through the law conferring
the power or in other legislations. Thus, the power of
eminent domain delegated to an LGU is in reality not
eminent but "inferior." The national legislature is still the
principal of the LGUs, the latter cannot go beyond the
principal's will or modify the same (Beluso v. Municipality
of Panay, G.R No. 153974, 2006).

General Rule: The power to tax is purely legislative and it

cannot be delegated.
Exceptions:
I. As to the President — 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 (Phil. Const. art. VI, § 28 1 2).

II. As to Local Government — Under the present

Constitution, each local government unit is now
expressly given the power to create its own sources of
revenue and to levy taxes, subject to such guidelines
and limitations as the Congress may provide,
consistent with the basic policy of local autonomy.
(Phil. Const. art. X, § 5).
A. A municipal corporation has no inherent right to
impose taxes. Its power to tax must always yield to
a legislative act which is superior having been
passed by the state itself wh ch has the inherent
power to tax (Basco v. PAGCOR, G.R. No. 91649,
1991).
Ill. As to Administrative Agencies - When the
delegation relates merely to administrative
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Police Power Taxation Eminent Domain

Authority May be exercised only by the government or its May be granted to public service
which political subdivisions. companies or public utilities.
exercises
the power

Purpose The use of the property The property (generally The property is "taken" for public
is "regulated" for the in-the form of money) is use or benefit, hence, it must be
1 compensated.
purpose of promoting taken for the support of
the general welfar government.
hence it is not
compensable.

Persons Usually operates upon Operates on an entity or an

affected a community or a class individual as the owner of a
of entities or particular property.
individuals.

Effect There is no transfer of The money contributed There is a transfer of the right to
title, at most there is a in the concept of taxes property whether it be ownership or
restraint on the becomes part of the to a lesser right (e.g. possession.)
injurious use of the public funds.
property.

The person affected Person

1 affected receives The person affected receives the full
receives no direct and the equivalent of the tax and fair market value of the property
immediate benefit but in the form of protection, taken from him.
only such as may arise Public improvements,
from the maintenanbe nd benefits he receives
of a healthy economic from the government as
standard of society 'pnd such. Therefore, taxation
is often referred to as may be used as an
damnum absque implement of police
injuria, i.e., "damage power (Lutz v. Araneta,
without injury." 1955)

The amount impos d There is generally no There is no amount imposed but

should not be more limit to the amount that rather the owner is paid the market
than sufficient to cover may be imposed. value of the property taken.
the cost of the license
and the necessary
expense of police
surveillance and
inspection,
examination, or
regulation as nearly as
can be estimated.

Regulates both liberty Affect only property rights

and property

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PRIVATE ACTS AND BILL OF RIGHTS
Conceptually, the set of fundamental human rights and
freedoms contained in the Bill of R ghts, whether civil or
political in character, serve as a limitation On the exercise
of governmental power. Even in the absence of a
Constitution, fundamental human rights may be invoked
before the courts for the protection di citizenry.
The Bill of Riohts governs the relationship between the
individual and the state. Its concern is not the relation
between individuals, between a private individual and other
individuals. What the Bill of Rights does is to declare some
forbidden zones in the private sphere inaccessible to any
power holder [People v. Marti, G.R. No. 81561 (1991)].
The constitutional proscription against unlawful searches
and seizures therefore applies as a estraint directed only
against the government and its agencies tasked with the
enforcement of the law. If the violation , is by private
individuals, the remedy is found inj the Civil Code, or if
proper, in the Revised Penal Cod. (Bemas, The 1987
Constitution of the Republic of the Philippines, 2009)
Human rights have a primacy over property rights. The
rights of free expression and of assembly occupy a
preferred position as they are essent al to the preservation
and vitality of civil institutions [Philipine Blooming Mills
Employment Organization v. Philippine Blooming Mills,
Co., G.R. No. L-31195 (1973)].
The Bill of Rights governs the relationship between the
individual and the state. Its concern is nct the relation
between individuals, between a private individual and other
individuals. What the Bill of Rights does is to declare some
forbidden zones in the private sphere inaccessible to any
power holder [People v. Marti, supra].
DUE PROCESS — THE RIGHTS TO LIFE LIBERTY AND
PROPERTY
No person shall be deprived of life liberty, or property
without due process of law, nor shall any person be denied
the equal protection of the laws (Phil. Const., art. Ill, § 1).
All natural persons, and artificial persons, only in so far as
their property is concerned, are protected by the Due
Process clause. (Smith Bell & Co. v. Natividad, G.R. No.
15574, 1919).
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Concept and aspects of Due Process, in General
Purpose of Due Process
Due process evades a precise definition. The purpose of
the guaranty is to prevent arbitrary governmental
encroachment against the life, liberty, and property of
individuals. The due process guaranty serves as a
protection against arbitrary regulation or seizure. Even
corporations and partnerships are protected by the
guaranty insofar as their property is concerned (White
Light Corporation v. City of Manila, G.R. No. 122846,
2009).
The due process guaranty has traditionally been
interpreted as imposing two related but distinct restrictions
on government, "procedural due process" and "substantive
due process. (id.).
Due process of law, in any particular case, means such an
exercise of the powers of the government as the settled
maxims of law permit and sanction and under such
safeguards for the protection of individual rights as those
maxims prescribe for the class of cases to which the one
in question belongs. (U.S. v. Ling Su Fan, 10 Phil. Rep.,
104, 111, 1908; Moyer v. Peabody, 212 U.S. 78, 1909).
Due process of law, in its broad concept, is a principle in
our legal system that mandates due protection to the basic
rights, inherent or accorded, of every person against harm
or transgression without an intrinsically just and valid law,
as well as an opportunity to be heard before an impartial
tribunal, that can warrant such an impairment. Due process
guarantees against arbitrariness and bears on both
substance and procedure. Substantive due process
concerns itself with the law, its essence, and its
concomitant efficacy; procedural due process focuses on
the rules that are established in order to ensure meaningful
adjudications appurtenant thereto. (Separate Opinion of
Justice Vitug in Serrano v. NLRC, G.R. No. 117040, 2000).
The Court cannot set the benchmark of due process at the
lowest level by considering each pleading submitted by a
party as enough to satisfy the requirements of this
Constitutional protection. If the Court is to animate the spirit
of the Constitution and maintain in full strength the
substance of the due process protection, it must afford
each party the full legal opportunity to be heard and
present evidence in support of his or her contentions. A
party must, therefore, be given full opportunity to proffer
evidence on its claim of ownership over the treasury
shares in a proper case before the right court. (Philippine
Coconut Producers Federation, Inc., et al. v. Republic of
the Philippines, G.R. Nos. 177857-58) 2016)
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Types of Due Process
1. Procedural - Procedural due process refers to the
procedures that the government must follow before it
deprives a person of life, liberty, or property.
Procedural due process concerns itself with
government action adherin to the established
process when it makes an intrusion into the private
sphere. (White Light Corporation v. City of Manila,
G.R. No. 122846, 2009).
2. Substantive - If due process were confined solely to
its procedural aspects, there would arise absurd
situation of arbitrary government action, provided the
proper formalities are followed. Substantive due
process completes the .protection envisioned by the
due process clause. It inquires whether the
government has sufficient justification, for depriving a
person of life, liberty, or property. (White Light
Corporation v. City of Manila, 6 R. No 122846, 2009).
The Rights to Life, Liberty, and Property
Life
not just a protection of the right to be alive Or to the security
of one's limb against physical harm it is also the right to a
good life characterized by "dignity" and "a decent standard
of living." Article 2 extends the protection to the life of the
unborn.
Liberty
includes the right to exist and the right to be free from
arbitrary personal restraint or servit de.
Property
includes all kinds of property in th Civil Code, including
vested rights such as a perfected mining claim, or a
perfected homestead, or a final judgMent, the right to work
and earn a living. But does not include mere privileges
granted by the government, i.e., liLenses. (Bernas, The
1987 Constitution of the Republic of the Phi ippines, 2009).
When Right Vested
"A right is vested when the right to e ijoyment has become
the property of some particular person or persons as a
present interest." (16 C.J.S. 1173). It is "the privilege to
enjoy property legally vested, to enforce contracts, and
enjoy the rights of property conferred by eXisting law" (12
C.J. 955, Note 46, No. 6) or "some right or interest in
property which has become fixed aid established and is
no longer open to doubt or controversy" (Downs v. Blount,
170 Fed. 15, 20, cited in Balboa v. Farralea, 51 Phil. 498,
502; Yinluvs Trans-Asia, GR 20794' , 2015).
Section 13 of the Cybercrime Prevention Act on the
preservation of computer data was assailed for being an
Page 84 of 320
POLITICAL LAW
undue deprivation of the right to property. The petitioners
argued that the data preservation order that law
enforcement authorities are empowered to issue is a form
of garnishment of personal property in civil forfeiture
proceedings and that such order prevents intemet users
from accessing and disposing of traffic data that essentially
belong to them. The court upheld the section explaining
that the data that service providers preserve on orders of
law enforcement authorities are not made inaccessible to
users by reason of the issuance of such orders. The
process of preserving data will not unduly hamper the
normal transmission or use of the same. (Disini v. Sec. of
Justice, G.R. No. 203335, 2014).
Relativity of Due Process
The concept of due process is not a static one. "What due
process is depends on circumstances. It varies with the
subject matter and the necessities of the situation." (Moyer
v. Peabody, Governor of Colorado, 212 U. S. 78, 1909)
Procedural and Substantive Due Process
Procedural Due Process
Procedural due process refers to the procedure that
government agencies must follow in the enforcement and
application of laws. It contemplates notice and opportunity
to be heard before judgment is rendered affecting one's
person or property. (Fabella v. Court of Appeals, G.R. No.
110379, 1997).
Adversarial proceeding becomes necessary only when
there is a need to propound searching questions to,unclear
witnesses, a procedural right which the employee must ask
for. Where the dismissal of the employee from service is
due to dishonesty or for a just cause but due process was
not observed as no hearing was conducted despite her
request, the employer should be held liable for indemnity
in the form of nominal damages. (Lavador v. "J" Marketing
Corporation, G.R. No. 157757, 2005).
Three copies of every administrative issuance should be
filed in the Office of the National Administrative Register
(ONAR) of the UP Law Center. Non-compliance makes it
invalid and it may not be enforced. This requirement is put
into place as a guarantee to the constitutional right to due
process. (Republic v. Pilipinas Shell, G.R. No. 173918,
2008).
However, 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. According to the UP Law Center's guidelines for
receiving and publication of rules and regulations,
ATENEO CENTRAL
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interpretative regulations and those merely internal in
nature, that is, regulating only the personnel of the
Administrative agency and not the p1.1,.blic, need not be filed
with the UP Law Center. (The Boa d of Trustees of the
Government Service Insurance System v. Albert Velasco,
G.R. No. 170463, 2011).
Standards for Different Types of Proceedings
TYPE STANDARD
Judicial CODE: (Ju3NO)
Proceedings 1. An impartial court or tribunal
clothed with Judicial power to hear
and determine the matter before it.
2. Jurisdiction must be lawfully
acquired over the ISerson or subject
matter.
Service of summons is not only
required to give th court jurisdiction
over the person of the defendant but
also to afford the latter the opportunity
to be heard on theclaim Made against
him. Thus, compli ince with the rules
regarding the servIce of summons is
as much an issue of due process as of
jurisdiction (Sarminto v. Raon, G.R.
No. 157219, 2004)
3. Judgment must be rendered upon a
lawful hearing.
4. The defendant must be given
Notice and an Opportunity to be
heard.
Administrative CODE: (HIP-DESI )
and Quasi- 1. The right to a Hearing which
Judicial includes the right tb present one's
Proceedings case and submit e idence in support
thereof.
2. The tribunal or body or any of its
judges must act on its or his own
Independent cons deration of the law
and facts of the controversy
3. The decision must be based on the
evidence Presented at the hearing or
at least contained ih the record and
disclosed to the pties affected.
4. The Decision m st have something
to support itself.
5. The tribunal must consider the
Evidence presentdd.
6. Evidence supporting the conclusion
must be Substantial.
7. The board or body should, in all
controversial quest ohs, render its
decision in such a manner that the
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parties to the proceeding can Know
the various issues involved and the
reasons for the decision rendered
What is required is not actual hearing,
but a real opportunity to be heard.
The requirement of due process can
be satisfied by subsequent due
hearing.
Notice and hearing are required in
judicial and quasi-judicial proceedings,
but not in the promulgation of a
general rule.
Academic CODE: (PACE3)
Institutions / 1. The penalty imposed must be
School Proportionate to the offense.
Disciplinary 2. The student shall have the right to
Proceedings Answer the charges against him, with
the assistance of counsel if desired.
3. The student must be informed in
writing of the nature and Cause of any
accusation against them.
4. The student has the right to be
informed of the Evidence against him.
5. The student has the right to
adduce Evidence in his own behalf.
6. The Evidence must be duly
considered by the investigating
committee or official designated by the
school authorities to hear and decide
the case.
• Proceedings in student disciplinary
cases may be summary; cross-
examination is not essential.
• The school has a contractual
obligation to afford its students a
fair opportunity to complete the
course they seek to pursue.
Exceptions:
1. Serious breach of discipline
2. Failure to maintain the required
academic standard
Deportation CODE: (Gln-H0)
Proceedings 1. There should be a prior
determination by the Board of
Commissioners of the existence
of the Ground as charged against
the alien.
2. The alien should be Informed of
the specific grounds for
deportation.
3. A Hearing should be conducted
pursuant to the Rules of
Procedure presented by the CID
Commissioner.
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4. Order based on the determination
of the CID commissioner.
Extradition GRANTING OF BAIL
Proceedings If bail can be granted in deportation
cases, there is no-justification why it
should not also be allowed in
extradition case. After all, both are
administrative proceed ngs where the
innocence or guilt of the person
detained is not in issue. (Government
of Hong Kong v. Olalia Jr., G.R. No.
153675, 2007).
When Bail may be granted to a
prospective extreditee:
1. Upon a c ear and convincing
showing that he/she will not be a
flight risk br a danger to the
community
2. When there exist special
humanitarian compelling
circumstances.
The cancellation of petitioners' bail,
without prior notice and hearing, could
be considered a lriolation of
petitioners' right o due process
tantamount to grave abuse of
discretion. (Rodr,guez v. Presiding
Judge, G.R. No. 157977, 2006).
The doctrine in Purganan states that a
possible extraditee is not entitled to
notice and hearing befo!ee the
issuance of a warrant of arrest, since
notifying him before his a
l rrest only tips
him of his pending arrest.
Instances when hearing is not necessary:
1. When administrative agencies are exercising their
quasi-legislative functions.
2. When administrative agencies are exercising their
quasi-judicial functions if temporary pending hearing.
3. Abatement of nuisance per se.
4. Granting by courts of provision I remedies.
5. Cases of preventive suspension.
6. Removal of temporary employe s in the government.
7. Issuance of warrants of distraint and/or levy by the BIR
Commissioner.
8. Cancellation of the passport of a person charged with
a crime.
9. Suspension of a bank's operat ons by the Monetary
Board upon a prima facie finding of liquidity problems
in such bank.
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Due process standards in student disciplinary cases
The PMA is not immune from the strictures of due process.
The statement that "a cadet can be compelled to surrender
some civil rights and liberties in order for the Code and
System to be implemented" simply pertains to what cadets
have to sacrifice in order to prove that they are men or
women of integrity and honor, such as the right to entertain
vices and the right to freely choose what they want to say
or do. In the context of disciplinary investigation, it does not
contemplate a surrender of the right to due process but, at
most, refers to the cadets' rights to privacy and to remain
silent. (First Class Cadet Aldrin JeffP. Cudia of the PMA v.
The Superintendent of the PMA, G.R. No. 211362, 2015).
Publicity and Coverage
The right of an accused to a fair trial is not incompatible to
a free press. Pervasive publicity is not per se prejudicial to
the right of an accused to fair trial. The mere fact that the
trial of appellant was given a day-to-day, gavel-to-gavel
coverage does not by itself prove that the publicity so
permeated the mind of the trial judge and impaired his
impartiality. (People Claudio Teehankee, Jr., G.R. Nos.
111206-08, 1995).
The peculiarity of the subject criminal cases is that the
proceedings already necessarily entail the presence of
hundreds of families. It cannot be gainsaid that the-families
of the 57 victims and of the 197 accused have as much
interest, beyond mere curiosity, to attend or monitor the
proceedings as those of the impleaded parties or trial
participants. It bears noting at this juncture that the
prosecution and the defense have listed more than 200
witnesses each. The impossibility of holding such judicial
proceedings in a courtroom that will accommodate all the
interested parties, whether private complainants or
accused, is unfortunate enough. What more if the right
itself commands that a reasonable number of the general
public be allowed to witness the proceeding as it takes
place inside the courtroom. Technology tends to provide
the only solution to break the inherent limitations of the
courtroom, to satisfy the imperative of a transparent, open
and public trial. Thus, the Court partially granted pro hac
vice petitioners' prayer for a live broadcast of the trial court
proceedings, subject to strict guidelines. (In Re: Petition for
Radio and T. V. Coverage Of The Multiple Murder Case
Against Zaldy Ampatuan et al., A.M. No. 10-11-5-SC,
2011).
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Substantive Due Process
1. Reasonable Subject - The interests of the public
generally, as distinguished frorp those of a particular
class, requires the interference IN
the overnment
2. Reasonable Means - The means I employed are
reasonably necessary for the accomp ishment of the
purpose and not unduly oppressive upon individuals.
(US. v. Toribio, G.R. No. L-5060, 1910).
Requisites of a valid ordinance: (Must NOT CUPPU,
Must be GC)
1. Must not Contravene the Constitution or 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 and Consistent with public policy
(Magtajas v. Plyce Properties, G.R. No. 111097,
1994).
Publication
Due process, which is a rule of fairness, requires that those
who must obey a command must firsit know the command.
Thus, Art. 2 of the Civil Code prescribes a 15-day period of
publication of laws before they take effect, unless
otherwise provided.
The rule that requires publication for the effectivity of laws
applies not only to statutes but also to presidential decrees
and executive orders promulgated by the President.
Administrative rules and regulations must also be
published if their purpose is to enforce or implement
existing laws pursuant also to a valid delegation (Republic
v. Pilipinas Shell, G.R. No. 173918, 008).
While notice and hearing are required in judicial and quasi-
judicial proceedings, they are not prerequisites in the
promulgation of general rules (in the performance of
executive and legislative functions, such as issuing internal
rules and regulations, an administrtive body need not
comply with the requirements of liotice and hearing)
(Bemas, The 1987 Constitution of the Republic of the
Philippines, 2009).
CONSTITUTIONAL AND STATUTORY DUE PROCESS
What is often said about statutorY due process is a
procedure created by law, which upholds the constitutional
right of a person to due process.
that the preliminary investigation is conducted in the sense
of making sure that a transgressor shall not escape with
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Application of Constitutional v. Statutory Due Process
To be sure, the Due Process Clause in Article III, Sec. 1 of
the Constitution embodies a system of rights based on
moral principles so deeply imbedded in the traditions and
feelings of our people as to be deemed fundamental to a
civilized society as conceived by our entire history. Due
process is that which comports with the deepest notions of
what is fair and right and just. It is a constitutional restraint
on the legislative as well as on the executive and judicial
powers of the government provided by the Bill of Rights.
Due process under the Labor Code, like constitutional due
process, has two aspects: substantive, (i.e., the valid and
authorized causes of employment termination under the
Labor Code) and procedural, (i.e., the manner of
dismissal). Procedural due process requirements for
dismissal are found in the Implementing Rules of P.D. 442,
as amended, otherwise known as the Labor Code of the
Philippines in Book VI, Rule I, Sec. 2, as amended by
Department Order Nos. 9 and 10. Breaches of these due
process requirements violate the Labor Code. Therefore,
statutory due process should be differentiated from failure
to comply with constitutional due process.
Constitutional due process protects the individual from the
government and assures him of his rights in criminal, civil
or administrative proceedings; while statutory due process
found in the Labor Code and Implementing Rules protects
employees from being unjustly terminated without just
cause after notice and hearing. (Agabon v. NLRC, G.R.
No. 158693, 2004).
The case of Timber Co. v. Ababon, a labor case, is
illustrative. Although the closure was done in good faith
and for valid reasons, we find that ITC did not comply with
the notice requirement. While an employer is under no
obligation to conduct hearings before effecting termination
of employment due to authorized cause, however, the law
requires that it must notify the DOLE and its employees at
least one month before the intended date of closure.
(Timber Co. v Ababon G. R. 164518, 2006).
The purpose of a preliminary investigation is to secure the
innocent against hasty, malicious and oppressive
prosecution, and to protect him from an open and public
accusation of crime, from the trouble, expense and anxiety
of a public trial, and also to protect the State from useless
and expensive trials. The right to a preliminary
investigation is a statutory grant, and to withhold it would
be to transgress constitutional due process. However, in
order to satisfy the due process clause, it is not enough
 ATENEO CENTRAL
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impunity. A preliminary investigation serves not only the
purposes of the State. More importantly, it is a part of the
guarantees of freedom and fair play, which are birthrights
of all Who live in our country. (Salonga v. Panon, G.R. No.
59524, 1985).
JUDICIAL STANDARD FOR REV EW
Jurisprudence has developed three kinds of test
depending on the subject matter involved (Bernas, The
1987 Constitution of the Republic of the Philippines, 2009).
Tests are also applicable to Equ I Protection Cases.
1. Strict scrutiny test - the focus is on the presence of
compelling, rather than substantia , governmental
interest and on the absence of less restrictive means
for achieving that interest. In te ms of Judicial review of
statutes or ordinances, it ref rs to the standard for
determining the quality a d the amount of
governmental interest brought to justify the regulation
of fundamental freedoms; it is used today to test the
validity of laws dealing with the regulation of speech,
gender, or race as well as other fundamental rights; its
scope has been expanded to protect fundamental
rights such as suffrage, judicial accesa, and interstate
travel (White Light Corporation v. City of Manila, G.R.
No. 122846, 2009).
2. Intermediate scrutiny test - classification is at least
substantially related to serving an important state
interest. It applied traditionally to suspect
classifications like gender or illegitimacy. It is used in
discriminations based on gender or illegitimacy of
children. Under the intermediate scrutiny test, the
classification must .be substantially related to an
important government objectiv (League of Cities v.
COMELEC, G.R. No. 176951, 008).
3. Rational basis test - classification is rationally related
to serving a legitimate state interest. This is the most
liberal test. It is often used to all subjects other than
those listed above. (Bernas, The 1987 Constitution of
the Republic of the Philippines, 2009).
Overcome the presumption of corstitutionality
To overcome the presumption of constitut onality, it must
be demonstrated explicitly that the classification is hostile,
oppressive and discriminatory against particular persons
and classes and that there is no conceivable basis, which
might support it.
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VOID FOR VAGUENESS DOCTRINE
Void for Vagueness Doctrine
A statute which either forbids or requires the doing of an
act in terms so vague that men of common intelligence
must necessarily guess at its meaning and differ as to its
application violates the essential of due process of law
(Estrada v. Sandiganbayan, G.R. No. 148560, 2001).
A vague law is unconstitutional because:
• It violates due process for failure to accord persons fair
notice of the conduct to avoid.
• Law enforcers have unbridled discretion in carrying out
its provisions.
The RH Law is not void under the void for vagueness
doctrine merely due to insufficiency of definition of some
terms. In determining whether the words used in a statute
are vague, words must not only be taken in accordance
with their plain meaning alone, but also in relation to other
parts of the statute. It is a rule that every part of the statute
must be interpreted with reference to the context, that is,
every part of it must be construed together with the other
parts and kept subservient to 'the general intent of the
whole enactment (Imbong v. Ochoa, G.R. 204819, 2014).
BERNABE: Verily, the objective of curbing unbridled
enforcement is not the sole consideration in a void for
vagueness analysis; rather, petitioners must show that this
perceived danger of unbridled enforcement stems from
an ambiguous provision in the law that allows
enforcement authorities to second-guess If a
particular conduct is prohibited or not prohibited. In
this regard, that ambiguous provision of law contravenes
due process because agents of the government cannot
reasonably decipher what conduct the law permits and/or
forbids.
Here, petitioners fail to point out any ambiguous standard
in any of the provisions of the Curfew Ordinances, but
rather, lament the lack of detail on how the age of a
suspected minor would be determined. Without any
correlation to any vague legal provision, the Curfew
Ordinances cannot be stricken down under the void
for vagueness doctrine (SPARK v. QC, G.R. No. 225442,
2017).
Overbreadth Doctrine
A government purpose may not be achieved by means,
which sweep unnecessarily broadly and thereby invade the
area of protected freedoms (Estrada v. Sandiganbayan,
G.R. No. 148560, 2001).
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Analytical tools developed for testing "on their faces"
statutes
The doctrines of strict scrutiny overbreadth, and
vagueness are analytical tools developed for testing "on
their faces" statutes in free speech cases pr, as they are
called in American law, First Amendment cases...With
respect to such statute, the establislJted rule is that 'one to
whom application of a statute is constitutional will not be
heard to attack the statute on the ground that impliedly it
might also be taken as applying to other persons or other
situations in which its app ication might be
unconstitutional.' As has been pointed out, 'vagueness
challenges in the First Amen ment context, like
overbreadth challenges typical y produce facial
invalidation, while statutes found vague as a matter of due
process typically are invalidated oply 'as applied' to a
particular defendant (Romualdez v. Sandiganbayan, G.R.
No. 152259, 2004).
Facial Invalidation
an examination of the entire law, pinpointing its flaws and
defects, not only on the basis of its actual operation to the
parties, but also on the assumption or prediction that its
very existence may cause others not before the court to
refrain from constitutionally prbtected speech or
activities. (Southern Hemisphere Engagement Network,
Inc., et al. v. Anti-Terrorism Council, et al.; KMU, et al. v.
Hon. Eduardo Ermita, et al. G.R. Nos. 178552, 178554,
2010).
When facial challenge allowed
A facial challenge is allowed to be made to a vague statute
and to one which is overbroad because of a possible
"chilling effect" upon protected speeoh. The theory is that
"[w]hen statutes regulate or proscribe speech and no
readily apparent construction suggests itself as a vehicle
for rehabilitating the statutes in a sibgle prosecution, the
transcendent value to all society of constitutionally
protected expression is deemed to justify a lowing attacks
on overly broad statutes with no requirement that the
person making the attack demonstrate that his own
conduct could not be regulated by a statute drawn with
narrow specificity." The possible harm to society in
permitting some unprotected speecti to go unpunished is
outweighed by the possibility that th protected speech of
others may be deterred and percei ed grievances left to
fester because of possible inhibitory effects of overly broad
statutes. This rationale does not apply to penal
statutes. Criminal statutes have general in terrorem effect
resulting from their very existence, ad, if facial challenge
is allowed for this reason alone, the State may well be
prevented from enacting laws against socially harmful
conduct. In the area of criminal law the law cannot take
Page 89 of 320
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chances as in the area of free speech (Estrada v.
Sandiganbayan, G.R. No. 148560, 2004).
"Aiding or abetting" in the commission of any offense or
"attempting" to commit any offense punished in the
Cybercrime Prevention is overbroad. A user can post a
statement, a photo or a video on Facebook. lithe post is
made available to the public, anyone can react by clicking
"Like." "Comment" enables him to post his feelings or
views. "Share" makes the post visible to his friends in the
social network. Except from the original author of the
assailed statement, the rest are knee-jerk sentiments of
readers who may think little or haphazardly of their
response to the posting. Unless the law takes into account
the unique circumstances and culture of cyberspace, such
a law will create a chilling effect on those who express
themselves through cyberspace. Thus, Section 5, which
punishes "aiding or abetting" libel on cyberspace is void
(Disini v. Sec. of Justice, G.R. No. 203335, 2014).
Void For Vagueness v. Overbreadth
1. Vagueness and overbreadth are distinct from each
other; a vague law must lack clarity and precision,
while an overbroad law need not.
2. It is submitted that while the defect of overbreadth as
an analytical tool is applicable only to cases involving
speech, this is not so about vagueness (Bernas, The
1987 Constitution of the Republic of the Philippines,
2009).
VOID FOR VAGUENESS OVERBREADTH
Unconstitutional
Statute or act Government regulation
of free speech
Lacks comprehensible Means sweep
standards unnecessarily broadly
People guess at its Not necessarily unclear
meaning; differ in
application
Violates due process; Invades protected
creates unbridled discretion freedoms
Bernas, The 1987 Constitution of the Republic of the
Philippines, 2009).
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HIERARCHY OF RIGHTS
Primacy of human rights over property rights is
recognized.
While the Bill of Rights also protects property rights, the
primacy of human rights over property rights is recognized.
Property and property rights can lie lost thru prescription;
but human rights are imprescript ble. The superiority of
these freedoms over property rights is underscored by the
fact that a mere reasonable or ratkiial relation between the
means employed by the law and its object or purpose —
that the law is neither arbitrary nor discriminatory nor
oppressive — would suffice to validate a law which restricts
or impairs property rights. (Phi)ippine Blooming Mills
Employment Organization v. Philippine Blooming Mills Co.,
G.R. No. L-31195, 1973).
EQUAL PROTECTION
CONCEPT
The Equal Protection clause guarantees equality of all
id
persons before the law. It does not demand absolute
equality. It merely requires that all ersons shall be treated
alike, under like circumstances and cond tions both as to
privileges conferred and liabilities enforced.
Protection against undue favor aid individual or class
privilege, as well as hostile discrimination or the
oppression of inequality.
The equal protection of the law clause is against undue
, favor and individual or class privilege, as well as hostile
discrimination or the oppression of inequality. It is not
intended to prohibit legislation which is limited either [by]
the object to which it is directed or by [the] territory within
which it is to operate. It does not delinand absolute equality
among residents; it merely requires that all persons shall
be treated alike, under like circumstances and conditions
both as to privileges conferred and liabilities enforced
(Ichong v. Hernandez, G.R. No. L-7995, 1957).
Not a guaranty of equality
The guaranty of equal protection of the laws is not a
guaranty of equality in the applicati n of the laws upon all
citizens of the state. It is not, therefore, a ,requirement, in
order to avoid the constitutional prohibition against
inequality, that every man, woman and Child should be
affected alike by a statute. Equality of operation of statutes
does not mean indiscriminate operaiion on persons merely
as such, but on persons according to the circumstances
surrounding them. It guarantees e uality, not identity of
rights (Victorian° v. Elizalde Rope Workers' Union, G.R.
No. L-25246, 1974).
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Section 6 of the Cybercrime Prevention Act imposing a
penalty one degree higher than that provided in the RPC
for acts committed by, through and with the use of
information and communications technologies was
assailed for violating equal protection. The Court upheld
the section and explained that Section 6 merely makes
commission of existing crimes through the Internet a
qualifying circumstance. There exists a substantial
distinction between crimes committed through the use of
information and communications technology and similar
crimes committed using other means. In using the
technology in question, the offender often evades
identification and is able to reach far more victims or cause
greater harm. The distinction, therefore, creates a basis for
higher penalties for cybercrimes (Disini v. Secretary of
Justice, G.R. No. 203335, 2014).
The DAP was challenged as "unfair as it [was] selective"
because the funds released under the DAP was not made
available to all the legislators, with some of them refusing
to avail themselves of the DAP funds, and others being
unaware of the availability of such funds. The Court held
that the challenge based on the contravention of the Equal
Protection Clause, which focuses on the release of funds
under the DAP to legislators, lacks factual and legal basis.
The denial of equal protection of any law should be an
issue to be raised only by parties who supposedly suffer it,
and, in these cases, such parties would be the few
legislators claimed to have been discriminated against in
the releases of funds under the DAP. The requirement was
not met here (Araullo v. Aquino Ill, G.R. No. 209287,
2014).
REQUISITES FOR VALID CLASSIFICATION: (GEES)
1. Be Germane to the purposes of the law
2. Not limited to Existing conditions only
3. Applied Equally to all members of the same class.
4. Rest on Substantial distinctions (People v. Cayat,
G.R. No. L-45987, 1939).
Validity of Classification freeze provision
The classification freeze provision does not violate the
equal protection and uniformity of taxation. Even though it
failed to promote fair competition among the players in the
industry, the classification freeze provision was not
precipitated by a veiled attempt or hostile attitude on the
part of Congress to unduly favor older brands. Since the
provision was done in good faith and is germane to the
purpose of the law, :the Court cannot declare it
unconstitutional nor question its wisdom. (British American
Tobacco v. Camacho, G.R. No. 163583, 2009).
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Cityhood Laws
The Cityhood laws were constitutional. Based on the
deliberations by Congress on RA 9009, Congress intended
that those with pending cityhodd bil s during the
11th Congress would not be covei-ed by the new and
higher income requirement of P100 million mposed by RA
9009. The exemption clauses foynd in the individual
Cityhood Laws are the express articYlation of that intent to
exempt respondent municipalities frdm the overage of RA
9009. Such Cityhood Laws 9re, therefore, also
amendments to the LGC itself. In the enactment of the
Cityhood Laws, Congress merely took the 16
municipalities covered thereby from the disadvantaged
position brought about by the abrupt increase in the
income requirement (from 20 million to 100 million) of RA
9009, acknowledging the "privilege" that they have already
given to those newly-converted component cities, which
prior to the enactment of RA 9009, xJere undeniably in the
same footing or "class" as the respondent
municipalities. But in effect, the Cityhood Laws granted to
33 municipalities amended RA 9009 through the
exemption clauses found therein (League of Cities of the
Phil. etal. v. COMELEC, et aL G.R. Nos. 176951, 177499,
178056, 2011).
Is VAWC violative of the equal pro ection clause?
RA 9262 (An Act Defining Violence gainst Women and
Their Children - VAWC) is not violative of the equal
protection clause. There is a valid classification. The
unequal power relationship that women are more likely to
be victims of violence and the widespread gender bias and
prejudice against women make !. or real differences
justifying the classification. The distinction s germane to
the purpose of the law to address violence committed
against women. The law applies to women and children
who suffer violence and abuse (Garcia v. Hon. Drilon, G.R.
No. 179267, 2013).
Is the RH law violative of EPC?
The RH Law, in providing that the noor are to be given
priority in the government's reproductive health care
program, does not violate the equal protection clause. In
fact, it is pursuant to Section 11, Article XIII of the
Constitution which recognizes the distinct necessity to
address the needs of the underprivileged by providing that
they be given priority in addressing the health development
of the people. It should be noted that Section 7 of the RH
Law prioritizes poor and marginalized coudles who are
suffering from fertility issues and desire to have children
(lmbong v. Ochoa, G.R. 204819, 2014).
The Supreme Court upheld the constitutional ty of R.A. No.
9442 or the Magna Carta for Persons with Disability
Page 91 of 320
POLITICAL LAW
granting the PWDs a 20% discount on the purchase of
medicine, and a tax deduction scheme was adopted
wherein covered establishments may deduct the discount
granted from gross income based on the net cost of goods
sold or services rendered. The equal protection clause
recognizes a valid classification, that is, a classification that
has a reasonable foundation or rational basis and not
arbitrary. With respect to R.A. No. 9442, its expressed
public policy is the rehabilitation, self-development and
self-reliance of PWDs. Persons with disability form a class
separate and distinct from the other citizens of the country.
Indubitably, such substantial distinction is germane and
intimately related to the purpose of the law. Hence, the
classification and treatment accorded to the PWDs fully
satisfy the demands of equal protection. Thus, Congress
may pass a law providing for a different treatment to
persons with disability apart from the other citizens of the
country. (Drugstores Association of the Philippines, Inc
and Northern Luzon Drug Corporation v. National Council
on Disability Affairs, etal., G.R. No. 194561, 2016)
Distinction between elective and appointive officials
There is a substantial distinction between elective and
appointive officials. The former occupy their office by virtue
of the mandate of the electorate. They are elected to an
office for a definite term and may be removed therefrom
only upon stringent conditions. On the other hand,
appointive officials hold their office by virtue of their
designation thereto by an appointing authority. Some
appointive officials hold their office in a permanent capacity
and are entitled to security of tenure while others serve at
the pleasure of the appointing authority. (Eleazar P. Quint°
and Gerino A. Tolentino, Jr, vs. COMELEC, G.R. No.
189698, 2010).
Doctrine of Relative Unconstitutionality
A statute valid at one time may become void at another
time because of altered circumstances. Thus, if a statute
in its practical operation becomes arbitrary or confiscatory,
its validity, even though affirmed by a former adjudication,
is open to inquiry and investigation in the light of changed
conditions. This doctrine was invoked in a case to
invalidate RA 7653, which started as a valid measure of
legislative power applicable to Central Bank employees,
but, with the enactment of subsequent laws exempting all
rank and file employees of all GFIs from the Salary
Standardization Law, was rendered void on account of a
violation of the equal protection clause (Central Bank
Employees Association, Inc. v. Bangko Sentra! ng
Pilipinas, G.R. No. 148208, 2004).
 ATENEO CENTRAL
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STANDARDS OF JUDICIAL REVIEW
1
Standards of Judicial 'Review of he constitutionality of
a classification imbued in a statUte
The equality guaranteed by the Eci.Jal Protection Clause is
not a disembodied equality. It recognized that inherent in
the right to legislate is the right to classify. The problem is
one of determining the validity of th classification made by
law. Jurisprudence has develop4d three kinds of test
depending ion the subject matter involved (Bernas, The
1987 Constitution of the Republic di the Philippines, 2009).
Rational Basis Scrutiny
The challenged classification needs only be shown to be
rationally related to serving a legitimate state interest
(Bernas, The 1987 Constitution of the Republic of the
Philippines, 2009).
Rational basis examination, whi h is Used to review
economic legislation, is a test to see if laws or ordinances
rationally further a legitimate governmental interest. (White
Light Corporation v. City of Mania, G.R. No. 122846,
2009).
The rational basis test was proper y applied to gauge the
constitutionality of the assailed law in the face of an equal
protection challenge. Under the r tional basis test, it is
sufficient that the legislative classification is rationally
related to achieving some legitimate State interest. (British
American Tobacco v. Camacho, G.R. No. 163583, 2009).
Middle Tier or Intermediate Scrutiny
The government must show that the challenged
classification serves an important tate interest and that
the classification is at least substantially related to serving
that interest (Bernas, The 1987 Constitution of the
Republic of the Philippines, 2009).
Immediate scrutiny test, which is used to review
classifications based on gender and legitimacy,
extensively examines governmental interest and the
availability of less restrictive measures is considered
(White Light Corporation v. City of Manila, G.R. No.
122846, 2009).
Strict Judicial Scrutiny
A legislative classification which impermissibly interferes
with the exercise of a fundamental right or operates to the
peculiar disadvantage of a suspect claes is presumed
unconstitutional, and the burden is upon the government
to prove that the classification is necessanj to achieve a
compelling state interest and that it is the least restrictive
Page 92 of 320
POLITICAL LAW
means to protect such interest (Bernas, The 1987
Constitution of the Republic of the Philippines, 2009).
Strict scrutiny test, which is used to review laws dealing
with freedom of the mind or restricting the political process,
focuses on the presence of
• Compelling governmental interest; and on
• The absence of less restricting means for
achieving such interest. (White Light Corporation
v. City of Manila, G.R. No. 122846, 2009).
BERNABE: Jurisprudence holds that compelling State
interests include constitutionally declared policies. The
Court has ruled that children's welfare and the State's
mandate to protect •and care for them as parens
patriae constitute compelling interests to justify
regulations by the S,tate. It is akin to the paramount
interest of the state for which some individual liberties must
give way.
Although treated differently from adults, the foregoing
standard applies to regulations on Minors as they are still
accorded the freedom to participate in any legitimate
activity, whether it be social, religious,, or civic. Thus, in the
present case, each of the ordinances must be narrowly
tailored as to ensure minimal constraint not only on the
minors' right to travel but also on their other constitutional
rights. In this case, two ordinances were declared
unconstitutional for do not account for the reasonable
exercise of the minors' rights of association, free exercise
of religion, rights to peaceably assemble, and of free
expression, among others (SPARK v. QC, G.R. No.
225442, 2017).
A differentiated rule of computation of the money claims of
illegally dismissed OFWs based on their employment
periods violates the Equal Protection Clause because one
category is singled out which includes those whose
contracts have an unexpired portion of one year or more
and have their monetary awards limited to their salaries for
3 months or for the unexpired portion, whichever is
less. Imbued with the same sense of "obligation to afford
protection to labor," the Court in the present case also
employs the standard of strict judicial scrutiny, for it
perceives in the subject clause a suspect classification
prejudicial to OFWs (Serrano v. Gallant Maritime Service,
G.R. No. 167614, 2009).
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BERNABE: Considering that the right to travel is a
fundamental right in our legal system guaranteed no less
by our Constitution, the strict scrutinjt test is the applicable
test. It should be emphasized that minors enjoy the same
constitutional rights as adults; the fact that the State has
broader authority over minors than over adults does
not trigger the application of a lower level of scrutiny
(SPARK v. QC, supra).
WARRANT REQUIREMENTS Code: PDEP
1 It must be based on Probable cause;
2. Probable cause must be Determined personally by a
judge;
3. The judge must Examine under oath or affirmation the
complainant and the witnesses he may produce;
4. The warrant must Particularly describe the place to
be searched and the person or things to be seized
(Phil. Const., art. III, § 2)

SEARCHES AND SEIZURES Search Warrant v. Warrant of Arrest:

SEARCH WARRANT WARRANT OF ARREST
Scope of Right
The right of the people to be secure in their persons, The Applicant must show The Applicant must show
houses, papers, and effects oinst unreasonable that the items sought are Probable cause, i.e.
searches and seizures of whatever nature and for any in fact: • That an offense has
purpose shall be inviolable, and no search warrant or • Seizable by virtue of been committed and
warrant of arrest shall issue except upon probable cause being connected • The person to be
with criminal arrested has committed
to be determined personally by the judge after examination
activity. it.
under oath or affirmation of the compla nant and the
• Will be found in the
witnesses he may produce, and part cularly describing the place to be
place to be searched and the person or things to be seized searched.
(Phil. Const., art. III, § 2)
The judge must The judge is not required to
CONCEPT personally examine the personally examine the
Section 2 protects the privacy and sanctity of the person complainant or applicant complainant and his
and of his house and other possess ons against arbitrary and the witnesses under witnesses.
oath or affirmation in the
intrusion by the State. "A man's horrie is h s castle." It is form of searching Instead, he may opt to
therefore a guarantee against unlawful arrests and other questions. personally evaluate the
forms of restraint on the physical liberty of the person. It is report and supporting
not a prohibition of all searches and seizures but only of The applicant must have documents submitted by the
"unreasonable" searches and seizures. (Bemas, The 1987 personal knowledge of prosecutor or he may
Constitution of the Republic of the Ph lippines, 2009). the facts. disregard the prosecutor's
report and require the
No presumption of regularity The place to be submission of supporting
There is no presumption of regularity. Normally, searches searched and the things affidavits of witnesses. What
and seizures are "unreasonable" unless there is a valid to be seized must be the Constitution
described with underscores is the exclusive
warrant issued. A liberal construction in search and seizure particularity, and personal responsibility
cases is given in favor of the individu 1 1 (Bernas, The 1987 of the issuing judge to
Constitution of the Republic of the Philippines, 2009). One search warrant for satisfy himself of the
one specific offense existence of probable cause
Section 19 of the Cybercrime Prevention Act on Restricting (ROC, Rule 126, § 4-6). (Soliven v. Makasiar, G.R.
or Blocking Access to Computer Data was assailed for No. 82585, 1988).
violating the right against unreasonable searches and
Prescribes in 10 days Until served
seizures. The SC agreed and held that the Government, in
effect, seizes and places the computer data under its
control and disposition without a warrant. The Department Searches and Seizures
of Justice order cannot substitute for judicial search General Rule: Searches and seizures are unreasonable.
warrant (Disini v. Sec. of Justice, G.R No. 203335, 2014).
Exception: Unless authorized by a validly issued search
warrant or warrant of arrest (Bernas, The 1987
Constitution of the Republic of the Philippines, 2009).

Page 93 of 320
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place to be searched and the things to be seized which

WITHOUT A VALID
WITH A VALID WARRANT may be anywhere in the Philippines (ROC, Rule 126, § 4)
WARRANT

CODE: JPEPO
1. The existence of
probable cause is
determined personally by
the Judge.
2. It must be issued upon
Probable cause.
CODE: WIPE MS CACP
1. Waiver of right/With
Consent
2. Incidental to a lawful
arre t
3. Plain view doctrine
The judge must, before issuing the search warrant,
personally examinein the form of searching questions and
answers, in writing and under oath, the complainant and
the witnesses he may produce on facts personally known
to them and attach to the record their sworn statements,
together with the affidavits submitted. (ROC, Rule 126, §
5)

3. The judge must Examine 4.During Exigent and Note: In issuing a warrant of arrest, the judge is not
under oath the complainant emergency situations required to examine personally the complainant and the
and the witnesses he may witnesses. He is only required to determine probable
produce. 5. M ving vehicle cause personally. He may satisfy himself by fiscal reports,
if not, he may require submission of affidavit of witnesses.
4. The warrant must 6. S op and frisk rule (Soliven v. Makasiar, G.R. No. 82585, 1988).
Particularly describe the
place to be searched and 7. S izure of goods
Warrant must particularly describe the place to be
person or things to be concealed to avoid
seized. Customs duties (does not searched and the person or things to be seized
apply if the place to be Section 2, Article III of the 1987 Constitution requires that
5. It must be in connection searched is a dwelling a search warrant should particularly describe the things to
with One specific offense. hou e) be seized. "The evident purpose and intent of the
requirement is to limit the things to be seized to those, and
8. Ai port searches only those, particularly described in the search warrant —
[ to leave the officers of the law with no discretion regarding
9. Checkpoints what articles they should seize, to the end that
1 unreasonable searches and seizures may not be made
1. Warrantless search by
and that abuses may not be committed." (People v. Go,
a Private individual
G.R. No. 144639, 2003).
The Commissioner of
Immigration may order General Warrants
the arrest of an alien in Do not allege any specific acts or omissions constituting
order to carry out a final the offense charged in the application for the issuance of
deportation order. the warrant. It contravenes the requisite that the things to
be seized be particularly described (Bernas, The 1987
Probable Cause Constitution of the Republic of the Philippines, 2009).
Refers to such facts and circumstances, which would lead
a reasonably discreet and prudent an to believe that an Effect of a General Warrant
offense has been committed by th person sought to be It will be considered void (Nolasco v. Pan°, G.R. No. L-
arrested (warrant of arrest) or that he objects sought in 69803, 1985).
connection with the offense are in th place to be searched • Exception: The whole warrant will not be voided if
(search warrant). Probable caus is concerned with other items were particularly described (Uy v. BIR,
probability, not absolute or moral certainty (Bernas, The G.R. No. 129651, 2000).
1987 Constitution Of the Republic of the Phi ippines, 2009).
Searches with Warrant Requirement of particularity
A search warrant shall not issue except upon probable A search warrant may be said to particularly describe the
cause in connection with one specific offense to be things to be seized when the description therein is as
determined personally by the judge after examination specific as the circumstances will ordinarily allow or when
under oath or affirmation of the complainant and the the description expresses a conclusion of fact — not of law
witnesses he may produce, and part cularly describing the — by which the warrant officer may be guided in making the
search and seizure or when the things described are
limited to those which bear a direct relation to the offense
Page 94 of 320
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for which the warrant is being issued (Bache and Co. v.
Ruiz, G.R. No. 32409, 1971; Worldkvide Web Corporation
v. People, G.R. 161106, 2014).
A personal description, or descriptid personae is sufficient
to meet the requirement of particul rity (People v. Rubio,
G.R. No. L-35500, 1932). The nciple is applicable
mutatis mutandis to search warrants (Bemas, The 1987
Constitution of the Republic of the Philippines, 2009).
John Doe warrant
A John Doe warrant, in order to be valid, must contain a
descriptio personae such as to enable the officer to identify
the accused. (People v. Veloso, G.! . No. L-23051, 1925).
A total of 42 search warrants were issued against the
petitioners and corporations of whicii they are officers for
violation of Central Bank Laws,j etc. The warrants
mandated the seizure of all pa ers and documents
pertaining to the said businesses, regardless of the legality
of the transactions, in the officl and residences of
petitioners. There was no specific o pnse charged and no
reference to any particular provisiori of the law that was
violated. The SC held that the warrants were general, and
general warrants are outlawed b the Bill of Rights.
Particular acts must be alleged and the things to be seized
must also be particularly described. A search warrant shall
only issue upon probable cause in connection with one
specific offense. The SC held the warrants were a fishing
expedition, making the evidence obtained from the said
search inadmissible (Stonehill v. £piokno, G.R. No. L-
19550, 1967).
Extent of Specificity Required
The description is required to be spe ific on y so far as the
circumstances ordinarily allow and where, by the nature of
the goods to be seized, their descrintion must be rather
general, it is not required that a technical description be
given, as this would mean that no warrant could issue. A
description substantially complies with the legal provisions
when the officer of the law who executed the warrant was
placed in a position enabling him to i:ientify the articles to
be seized. (Bernas, The 1987 Constitution of the Republic
of the Philippines, 2009).
Test of sufficiency of an affidavit for a search warrant
The test of sufficiency of an affidavit or a search warrant
is whether it has been drawn in such a manner that perjury
could be charged thereon and the affiant could be held
liable for the damages caused (Alvarez v. CFI, G.R. No. L-
45358, 1937).
Page 95 of 320
POLITICAL LAW
The offense of illegal possession of firearms is malum
prohibitum but it does not follow that the subject thereof is
necessarily illegal per se. Motive is immaterial in male
prohibita but the subjects of this kind of offense may not be
summarily seized simply because they are prohibited. A
search warrant is still necessary (Spouses Veroy v.
Layague, G.R. No. L-95630, 1992).
Requirement is primarily meant to enable the law enforcers
serving the warrant to:
• Readily identify the properties to be seized and
thus prevent them from seizing the wrong items;
• Leave said peace officers with no discretion
regarding the articles to be seized and thus
prevent unreasonable searches and seizures
(People v. Tee, G.R. Nos. 140546-47. 2003).
Process of Search, Required presence of the lawful
occupant
No search of a house, room or any other premise shall be
made except in the presence of the lawful occupant thereof
or any member of his family or in the absence of the latter,
in the presence of two (2) witnesses of sufficient age and
discretion residing in the same locality (ROC, Rule 126, §
This requirement is mandatory to ensure regularity in the
execution of the search warrant. The Rules of Court clearly
and explicitly establishes a hierarchy among the witnesses
in whose presence the search of the premises must be
conducted. Thus, Section 8, Rule 126 provides that the
search should be witnessed by "two witnesses of sufficient
age and discretion residing in the same locality" only in the
absence of either the lawful occupant of the premises or
any member of his family (People v. Go, G.R. No. 144639,
2003).
When any court may issue search warrant
In certain cases when no criminal action has yet been flied,
any court may issue a search warrant even though it has
no jurisdiction over the offense allegedly committed,
provided that all the requirements for the issuance of such
warrant are present. (People v. Hon. Edmar P. Castillo, Sr.,
G.R. No. 204419, 2016)
"Knock and Announce" Principle in the Service of a
Search Warrant
Police officers are obliged to give notice, show their
authority, and demand that they be allowed entry. They
may only break open any outer or inner door or window of
a house to execute the search warrant if, after such notice
and demand, such officers are refused entry to the place
ATENEO CENTRAL
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of directed search. This is knoWn as the "knock and
announce" principle which is embodied in Anglo-American
Law. The method of entry of an officer into a dwelling and
the presence or absence of such notice are as important
considerations in assessing whether subsequent entry to
search and/or arrest is constitutionally reasonable (People
v. Huang Zhen Hua, G.R. No. 139301, 2004)
Unannounced intrusion into the premises is
permissible when:
1. A party whose premises or who is entitled to the
possession thereof refuses, upon demand, to open it;
2. When such person in the premies already knew of the
identity of the officers and of the r authority and
persons;
3. When the officers are justified in the honest belief that
there is an imminent peril to life or limb; and
4. When those in the premises, aWare of the presence of
someone outside (because, for example, there has
been a knock at the door), are then engaged in activity
which justifies the officers to be ieve that an escape or
the destruction of evidence is being attempted. (Id,)
Suspects have no constitutional right to destroy evidence
or dispose of evidence. However, the exceptions above
are not exclusive or conclusive. Indeed, there is no formula
for determination of reasonablenet s.i Each case is to be
decided on its own facts and circ mstances (People v.
Huang Zhen Hua and Jogy Lee G.R. No. 139301, 2004).
WARRANTLESS SEARCHES
The Rule that searches and seizur s must be supported
by a valid warrant is not an absolut4 rule. (Bernas, The
1987 Constitution of the Republic o the Philippines,
2009).
Warrantless Searches are allowable in the following
circumstances: WIPE MS CACP
1. Waiver of right
2. Incidental to a lawful arrest
3. Plain view doctrine
4. During exigent and Emer enc situations
5. Moving vehicle
6. Stop and frisk rule
7. Seizure of goods concealed to avoid Customs duties
8. Airport searches
9. Checkpoints
10. Warrantless search by a Private individual (Note: This
is found in Sec. 5, Rule 113 of th Rules of Court where
a private person may arrest a person without a
warrant) (People v. Aruta, G.R. Jo. 120915, 1998)
Page 96 of 320
POLITICAL LAW
Waiver of Right
The SC held that the right to be secure from unreasonable
searches and seizures may be waived, •expressly or
impliedly, so long as it is made voluntarily. intelligently,
and knowingly. Mere passive conformity and failure to
object to unlawful entry cannot be construed as a waiver of
the right against unreasonable search and seizures.
(People v. Compacion, G.R. No. 124442, 2001)
Requisites: (EKI)
1. The right Exists.
2. The person had actual or constructive Knowledge of
the existence of such right.
3. There is an actual Intention to relinquish such right
(People v. Tudtud, G.R. No. 144037, 2003)
While it is doctrinal that the right against unreasonable
searches and seizures is a personal right, which may be
waived expressly or impliedly, a waiver by implication
cannot be presumed. There must be clear and convincing
evidence of an actual intention to relinquish it to constitute
a waiver thereof. (People v. Aruta, G.R. No. 120915,
1998).
The right against unreasonable searches and seizures
may be waived only by:
1. the person whose rights are injured or
2. the one who is expressly authorized to make the
waiver in his behalf. (People v. Damaso, G.R. No.
93516, 1992).
Incidental to a lawful arrest
General Rule: The arrest must precede that search; the
process cannot be reversed. (People v. Tudtud, G.R. No.
144037, 2003).
Exception: A search substantially contemporaneous with
an arrest can precede the arrest if the police have probable
cause to make the arrest at the outset of the search.
(People v. Be/en Mariacos, G.R. No. 188611, 2010).
Scope of Warrantless Search Limited Area
The scope of allowable warrantless search is limited to the
area within which the person arrested could reach for a
weapon or reach for evidence to destroy it. (Chime! v.
California, 395 U.S. 752, 1969).
Moreover, in lawful arrests, it becomes both the duty and
the right of the apprehending officers to conduct a
warrantless search not only on the person of the suspect,
but also in the permissible area within the latter's reach.
Otherwise stated, a valid arrest allows the seizure of
evidence or dangerous weapons either on the person of
 ATENEO CENTRAL
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the one arrested or within the area of his immediate
control. The phrase "within the area of his immediate
control" means the area from within which he might gain
possession of a weapon or destructible evidence (People
v. Calantiao, G.R. No. 203983, 2014).
The better established rule is a strict application of the
exception provided in Rule 126, Sec. 12 (now Sec. 13) and
that is to absolutely limit a warrantless search of a person
who is lawfully arrested to his or her person at the time of
and incident to his or her arrest and to "dangerous
weapons or anything which may be used as proof of the
commission of the offense." (Nolasco v. Pano, G.R. No. L-
69803, 1987).
An officer making an arrest may take from the person:
1. Any money or property found upon his person which
was used in the commission of the offense; or
2. Was the fruit thereof; or
3. Which might furnish the prisoner with the means of
committing violence or escaping; or
4. Which may be used in evidence n the trial of the case.
Plain View Doctrine
Requisites: (VIAJ)
1. There was a prior Valid intrusion.
2. The evidence was Inadvertently discovered.
3. The evidence is immediately Apparent
4. Plain view is Justified seizure Viiithouf further search
(People v. Compacion, G.R. No. 124442, 2001)
The immediate requirement means that the executing
officer can, at any time of discoverY of the object or the
facts therein available to him, determine probable cause of
the object's incriminating evidence. probable cause must
be the direct result of the officer's instantaneous sensory
perception of the object. The immediately apparent test
does not require an unduly high degree of certainty as to
the incriminating character of the evidence. (United
Laboratories, Inc. v. !sip, G.R. No. 163858, 2005),
The seizure of the passports, bankb9oks, checks,
typewriter, check writer, dry seals and stamp pads and
other assorted documents does not fall within the "plain
view" exception. The assertions of the police officers that
said objects were "inadvertently" seized within their "plain
view" are mere legal conclusions which are ,not supported
by any clear narration of the factual c rcumstances leading
to their discovery. The supposed illegal character of the
I
items claimed to have been seized within the "plain view"
of the policemen was not readily and immediately
apparent. Rather, the suspicions of the policemen appear
to have been aroused by the presence of the numerous
Page 97 of 320
POLITICAL LAW
passports and immigration documents which they
discovered in the course of their search. (People v. Go,
G.R. No. 144639, 2003).
During Exigent and Emergency Situations (e.g., war,
prevailing chaos, disorder or ongoing coup d'etat)
In the event of a coup d'etat conducted by the "Reform the
Armed Forces Movement Soldiers of the Filipino People",
the EUROCAR Building was put under surveillance
pursuant to an intelligence report that it housed large
quantities of ammunition. During the operations, the car of
the surveillance team was fired upon by 5 persons from a
crowd within the vicinity of the EUROCAR Building. The
team proceeded to the building without a warrant and was
able to seize de Gracia and plenty of explosives and
ammunition. The SC held that the arrests were impelled by
the exigencies of the situation, which concerned the very
survival of society and the government. In this case, the
military operatives had reasonable ground to believe that
a crime was being committed. The team had no
opportunity to apply for a search warrant from the courts,
as the court with jurisdiction, at that time, was closed due
to disorder. (People v. De Gracia, G. R. Nos. 102009-10,
1994).
Moving Vehicle — limited to visual search
Requisites: (EP)
1. This exception is based on Exigency. If there is time
to obtain a warrant in order to search the vehicle, a
warrant must first be obtained. (Coolidge v. New
Hampshire, 403 U.S. 443, 1971).
2. Must still be based on Probable cause (applies only to
extensive search of a moving vehicle). (Bernas, The
1987 Constitution of the Republic of the Philippines,
2009).
Limited to visual search — in checkpoint (Caballes v. CA,
G.R. No. 136292, 2002)
A warrantless search of a vehicle that can be quickly
moved out of the locality or jurisdiction is valid. (People v.
CFI, G.R. No. L-41686, 1980).
A confidential informer tipped the police that a Gemini car
was going to deliver shabu. When they stopped the car,
they saw a gun tucked in Tuazon's waist. He did not have
any documents, which strengthened the police's suspicion.
After he was told to step out of the car, they found plastic
sachets containing shabu on the driver's seat. These
circumstances are sufficient to establish probable cause
for the warrantless search of the car. Hence, the sachets
of shabu may be admitted as evidence. (People v. Tuazon,
G.R. No. 175783, 2007).
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Stop and Frisk Rule
When a reasonably prudent officer is warranted in the
circumstances of a given case in believing that his safety
or that of others is endangered, he may make a reasonable
search for weapons of the person hie believes to be armed
and dangerous, regardless of whether he has probable
cause to arrest the person or the absolute certainty that the
individual is armed. Although as a general rule, a warrant
should first be secured, the said procedure cannot be
followed where swift action based upon on-the-spot
observations of the officer is required. (Terry v. Ohio, 392
U.S. 1, 1968).
"While probable cause is not required to conduct a 'stop
and frisk,' (Malacat v. Court of Appeals, G.R. No. 123595.
1997) a genuine reason must exist in light of the police
officer's experience and surrounding conditions, to warrant
the belief that the person detained has weapons concealed
about him." (Bernas, The 1987 Constitution of the Republic
of the Philippines, 2009).
Requisites: (URIRA)
1. Police Officer observes Unusual conduct.
2. Reasonable suspicion that person is engaged in some
type of criminal activity in light of experience.
3. Identifies himself as a policeman upon approach.
4. Makes Reasonable inquiries.
5. There is reasonable fear for one's own, or others'
safety. Thus, he is entitled to conduct a limited search
of the outer clothing of such persons in an Attempt to
discover weapons that might be used for assault (Terry
v. Ohio, 392 U.S. 1, 1968).
Even before an arrest, an officer justified in believing that
the individual whose suspicious behavior he is
investigating at close range is presently dangerous, he
may conduct a limited protective search. (Malacat v. Court
of Appeals, G.R. No. 123595. 1997). The more pressing
interest of safety and self-preservation Which permit the
police officer to take steps to assure himself that the
person with whom he deals is not armed with a deadly
weapon that could unexpected and fatally be used against
the public officer. (Bernas, The 1987 Constitution of the
Republic of the Philippines, 2009).
Seizure of Goods Concealed to Avoid Customs Duties
The SC held that the Tariff and Customs Code explicitly
does not require warrants for customs officers to board and
search vessels, beasts, or persons suspected of
introducing contraband merchandise into the Philippines.
In this case, the PNP Chief, having been deputized by the
Commissioner of Customs, is, thus, authorized to carry out
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such searches. However, the SC held that the search of
dwelling houses, even for the enforcement of Customs
Laws, requires a warrant. The SC recognized that
jurisprudence has held that there is a difference between
a) a search of a dwelling house and b) a search of a ship,
motorboat, wagon, or automobile for contraband goods,
where it is not practicable to secure a warrant because the
vehicle can quickly escape. Thus, search of motor vehicles
is likewise valid without a search warrant The SC further
held that vehicles are, after all, not actively used within the
home, where the sanctity of privacy is more safeguarded,
but instead is used in public places such as roads and may
facilitate commission of crimes. (Papa v. Mago, G.R. No.
L-27360, 1968).
Includes searches at borders and ports of entry. An
exception to this exception is the search of a dwelling
house.
Airport Searches
This search was made pursuant to routine airport security
procedure, which is allowed under Section 9 of RA 6235
reading as follows: SEC. 9. Every ticket issued to a
passenger by the airline or air carrier concerned shall
contain among others the -following condition printed
thereon: "Holder hereof and his hand-carried luggage(S)
are subject to search for, and seizure of, prohibited
materials or substances. Holder refusing to be searched
shall not be allowed to board the aircraft," which shall
constitute a part of the contract between the passenger
and the air carrier.
To limit the action of the airport security personnel to
simply refusing her entry into the aircraft and sending her
home, and thereby depriving them of "the ability and facility
to act accordingly, including to further search without
warrant, in light of such circumstances, would be to
sanction impotence and ineffectivity in law enforcement, to
the detriment of society." Thus, the strip search in the
ladies' room was justified under the circumstances.
(People v. Canton, G.R. No. 148825, 2002).
Checkpoints
Requisites: (No body LAV)
1. Passengers Not subjected to body search
2. Limited to visual search
3. Abnormal times
4. Vehicle not searched (Valmonte v. General De Villa,
G.R. No. 83988, 1989).
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To limit the search to visual searches would defeat the aim day. The apprehending officer was able to identify the
of the COMELEC to effect the gun ban. In this case, the markings and was able to explain how it was made.
method employed by authorities consisted of merely (People v. Montevirgen y Ozaraga, G.R. No. 189840,
stopping cars they deemed suspicious, such as those 2013).
whose windows are heavily tinted just to see if the
passengers thereof were carrying guns. At best they WARRANTLESS ARRESTS
merely directed their flashlights inside the cars they would
stop, without opening the car's doors or subjecting its Arrest with Warrant v. Warrantless Arrest
passengers to a body search. There is nothing ARREST WITH
discriminatory in this as this is what the situation demands WARRANTLESS ARREST
WARRANT
(People v. Escano, G.R. Nos. 129756-58, 2000).
1. The existence of 1. When the person to be
Warrantless Searches by a Private Individual probable cause is arrested has
The rule that searches and seizures Must be supported by determined committed, is actually
a valid warrant of arrest is not an absolute rule. What is personally by the committing, or is about
prohibited are "unreasonable searches and seizures." judge. to commit an offense in
Thus, a search made incidental to an arrest is not 2. It must be issued the presence of the
prohibited. The purpose of this exception is to protect the upon probable arresting officer.
arresting officer against physical harm from the person cause. 2. When an offense has in
who is being arrested who might be armed with a 3. The judge must fact just been committed
concealed weapon and also to prevent the person arrested examine under oath and the arresting officer
from destroying evidence within his reach. (Moreno v. Ago the complainant and has probable cause to
Chi, G.R. No. L-4680, 1909). the witnesses he may believe based on
produce. personal knowledge of
If the search is made at the behest or initiative of the 4. The warrant must facts and circumstances
proprietor of a private establishment for its own and private particularly indicating that the
purposes, and without the intervention of police authorities, describe the person person to be arrested
the right against unreasonable search and seizure cannot to be arrested. has committed it.
be invoked for only the act of a private individual, not the 5. It must be in 3. When the person to be
law enforcers, is involved. In sum, the protection against connection with one arrested is a prisoner
unreasonable searches and seizures cannot be extended specific offense. who has escaped.
to acts committed by private individuals so as to bring it
within the ambit of alleged unlawful intrusion by the Arrest with Warrant
government. (People v. Marti, G.R. No. 81561, 1991). Procedure
Within 10 days from the filing of the complaint or
Admissibility/Exclusionary Rule information, the judge shall personally evaluate the
"Any evidence obtained in violation of the search and resolution of the prosecutor and its supporting evidence.
seizure clause, whether or not it is also self-incriminating He may immediately dismiss the case if the evidence on
testimonial evidence, is inadmissible for any purpose in record clearly fails to establish probable cause. If he finds
any proceeding." (Bemas, The 1987 Constitution of the probable cause, he shall issue a warrant of arrest, or a
Republic of the Philippines, 2009). commitment order if the accused has already been
arrested pursuant to a warrant issued by the judge who
Buy-bust operations - conducted the preliminary investigation or when the
There was a failure of officers to comply with the IRR complaint or information was filed pursuant to section 7 of
regarding RA 9165 regarding the physical inventory and this Rule. In case of doubt on the existence of probable
photograph of seized items. Thus, the accused argue that cause, the judge may order the prosecutor to present
the evidence is inadmissible. It is still admissible provided additional evidence within five (5) days from notice and the
that that the integrity and evidentiary value of the issue must be resolved by the court within thirty (30) days
evidence have been preserved. The apprehending from the filing of the complaint or information (ROC, Rule
officer marked the seized evidence in front of the appellant, 112, §6).
barangay captain and members of the buy bust team. It
was delivered to the investigator and subsequently sent to
the PNP Crime Laboratory for examination in the same
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Must comply with particularity of description and
examination discussed under Searches with Warrants
The judge is not required to personally examine the
complainant and his witnesses or to await the submission
of counter affidavits from an accused. Following
established doctrine and procedure, the judge shall:
1. Personally evaluate the report and supporting
documents submitted by the prosecutor regarding the
existence of probable cause, and on the basis thereof,
he may already make a personal determination of the
existence of probable cause; and
2. If he is not satisfied that probable cause exists, he may
disregard the prosecutor's report and require the
submission of supporting affidavits of witnesses to aid
him in arriving at a conclusionl as to the existence of
probable cause. (Bemas, The 1987 Constitution of the
Republic of the Philippines, 2009).
Warrantless Arrests
The rule on valid warrantless arrests is found in Section
5, Rule 113 of the Rules of Court, which provides:
A peace officer or private person may, without a
warrant, arrest a person:
A. When, in his presence, the person to be arrested has
committed, is actually committing, Or attempting to
commit an offense;
• In Flagrante Delicto - when the 'illegal act was
committed in the presence of the arresting officers, a
warrantless arrest may be effected. An offense is
committed in the presence of an officer when the
officer sees the offense, althOugh at a distance, or
hears the disturbances created thereby and
proceeds at once to the scerie of the crime. Police
officers have personal knoWledge of the actual
commission of the crime When they had earlier
conducted surveillance acthAties Of the accused
(People v. Sucro, G.R. No. 93239, 1991).
• In buy-bust operations, the arresting officers catch
the malefactor in flagrante de icto. But the arresting
officers must neither instigate nor induce the arrestee
to commit a crime. Entrapment is the employment of
such ways and means for the purpose of capturing a
lawbreaker from whose mind the criminal intent
originated. In such cases, a search warrant is not
necessary because a search pursuant to a buy-bust
operation is one made incidental to a lawful arrest —
the arrestee is caught in flagrante delicto (People v.
De La Cruz, G.R. No. 101315, 1993).
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• Stop and Frisk - When a policeman observes
suspicious activity, which leads him to believe that a
crime is about to be committed, he can investigate
the suspicious looking person and may frisk him for
weapons as a measure of self-protection. Should he
find, however, a weapon on the suspect, which is
unlicensed, he can arrest such person for having
committed an offense in his presence.
B. When an offense has in fact been committed, and he
has probable cause to believe based on personal
knowledge of facts or circumstances that the person to
be arrested has committed it;
• Hot Pursuit - The pursuit of the offender by the
arresting officer must be continuous from the time of
the commission of the offense to the time of the
arrest. There must be no supervening event which
breaks the continuity of the chase.
To fall under the exception that an offense had just been
committed and the officer has personal knowledge of the
facts indicating that the person to be arrest has committed
it, the arrest must immediately follow the commission of the
crime. -In other words, there is no valid warrantless arrest if
the crime had not "just been committed". (People v. Go,
G.R. No. 144639, 2003).
Manlulu was arrested without a warrant for allegedly
having killed another person at around 1:00AM in the
morning. The warrantless arrest was made around 7:00PM
or about 19 hours later. The SC held that for there to be a
lawful warrantless arrest, the arresting officer must have
personal knowledge of the offense, which has in fact just
been committed. In other words, the arrest has to
immediately follow the commission of the offense. If a
sufficient amount of time lapses as to allow him to procure
a warrant, then the police officer must do so. In this case,
not only was the arrest 19 hours after the alleged crime,
but the arresting officer also did not have any personal
knowledge of the facts. The SC also held that personal
gathering of information is different from personal
knowledge. (People v. Manlulu, G.R. No. 102140, 1994) .
The SC held that personal knowledge must be based on
probable cause, which means an actual belief or
reasonable grounds of suspicion. Reasonable suspicion
means when, in the absence of actual belief, the suspicion
that the person to be arrested is probably guilty of
committing the offense is based on actual facts that are
supported by circumstances sufficiently strong in
 ATENEO CENTRAL
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themselves. (People v. Escordial, G.R. Nos. 138934-35,
2002).
C. When the person to be arrested ,is a prisoner who has
escaped from a penal establishment or place where he
is serving final judgment or temporarily, confined while
his case is pending or has escaped while being
transferred from one confinement to another
D. Continuing Offenses. Arrest of the accused without a
warrant is justified as it can be said that he was
committing an offense when arrested. Involves crimes
of: rebellion, subversion, conspiracy or proposal to
commit crimes in furtherance thereof (In the Matter of
the Petition for Habeas Corpus of Roberto Umil,
Rolando Dural, et at. v. Ramos, et at., G.R. No. 81567,
1991).
When to Question Validity
Old rule: Any objection involving a warrant of arrest or
procedure in the acquisition by the court of jurisdiction over
the person of the accused must be made before he enters
his plea, otherwise the objection is deemed waived." The
accused must move for the quashing of the information
against him before arraignment. Otherwise, he is estopped
from questioning the validity of the arrest.
Current rule: Under Section 26, Rule 114 of the Rules of
Court, an application for bail or adrnission to bail by an
accused is not considered a waiver of his right to assail the
warrant issued for his arrest or the legalities or irregularities
thereof, provided that he raises them before entering his
plea. An application for or admission to bail shall not bar
the accused from challenging: the va lidity of his arrest, the
legality of the warrant issued therefor, the regularity or
questioning the absence of a preliminary investigation of
the charge against him. The rule is a new one, intended to
modify previous rulings that an appl cation for bail or the
admission to bail by the accused sha I be considered as a
waiver of his right to assail the warrant issued for his arrest
on the legalities or irregularities thereon.
Doctrine of the Waiver of Rights
The constitutional immunity from unreasonable searches
and seizures, being a personal one, cannot be waived by
anyone except the person whose rights are invaded or one
who is expressly authorized to do so in his or her behalf.
(People v. Dams°, G.R. No. 93516, 1992).
Who May Challenge
The constitutional right against unreasonable searches
and seizures is a personal right capable of being invoked
only by those whose rights have been infringed: In this
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case, the petitioner cannot invoke it for other persons.
(Valmonte v. General De Villa, G.R. No. 83988, 1989).
ADMINISTRATIVE ARRESTS
Deportation proceedings
Section 37 of the Immigration Law, empowering the
Commissioner of Immigration to issue warrants for the
arrest of overstaying aliens is constitutional. The arrest is
a step preliminary to the deportation of the aliens who had
violated the condition of their stay in this country. The
requirement of probable cause, to be determined by a
Judge, does not extend to deportation proceedings. There
need be no "truncated" recourse to both judicial and
administrative warrants in a single deportation proceeding.
(Harvey v. Miriam Defensor Santiago, G.R. No. 82544,
1988).
DRUG, ALCOHOL, AND BLOOD TEST
The Court acknowledged that compelled urinalysis was a
form of search but its "reasonableness" must be judged by
balancing the intrusion on the individual's interests against
the promotion of legitimate government interests. What
was essential was the school's custodial responsibility and
authority, the nature of the intrusion, the confidentiality of
the test results and the legitimate government interest.
(Vemonia School District v. Acton, 515 U.S. 64, 1995;
Board of Education v. Earls, 536 U.S. 22, 2002).
The Philippine courts followed the ruling in Vernonia when
it decided a case involving the mandatory drug testing of
candidates for public office, students of secondary and
tertiary schools, officers and employees of public and
private offices, and persons charged before the
prosecutor's office with certain offenses. The SC held that
the right to privacy has been accorded as a facet of the
right to unreasonable searches and seizures.
On the case of mandatory drug testing provided for in the
Dangerous Drug Act, the Supreme Court held the
following:
1. Candidates for Constitutional Offices
Unconstitutional
A law cannot provide additional qualifications other than
those outlined in the Constitution.
2. Employees — Constitutional
The random drug testing would be undertaken in such a
manner as to protect the privacy of the employees
involved. Also, the privacy interest in an office is
circumscribed by the company's work policies, CBAs, and
the right of the employer to maintain discipline and
efficiency in the workplace. The right to privacy must yield
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to the necessary and reasonable requirements of police 4. To have the outline of his foot traced to determine its
power. identity with bloody footprints; and
5. To be photographed or measured, or his garments or
3. Students — Constitutional shoes removed or replaced, or to move his body to
It is within the prerogative of schools to require compliance enable the foregoing things to be done. (People v.
with reasonable school regulations, as a condition for Gallarde, G.R. No. 133025, February 17, 2000)
admission or enrollment. The courtfound:
a. Schools and their administrators stand in loco parentis
with respect to their students; PRIVACY OF COMMUNICATIONS AND
b. Minor students have contextually fewer rights than an CORRESPONDENCE
adult, and are subject to the custody and supervision
of their parents, guardians, andschools; Concept
c. Schools, acting in loco parentis, have a duty to
• The privacy of communication and correspondence
safeguard the health and well-being of their students
shall be inviolable except upon lawful order of the court,
and may adopt such measures as may reasonably be
or when public safety or order requires otherwise as
necessary to discharge such duty; and
prescribed by law.
d. Schools have the right to impose conditions on
applicants for admission that are fair, just, and non- • Any evidence obtained in violation of this or the
discriminatory. preceding section shall be inadmissible for any purpose
in any proceedings. (Phil. Const., art. 3, § 3).
4. Persons charged before the public prosecutor's
• The privacy right is an aspect of the right to be secure in
office — Unconstitutional
one's person.
Defendants in a criminal compla nt are not randomly
picked; neither are they beyond suspicion. Certain persons
PRIVATE AND PUBLIC COMMUNICATIONS
are singled out and are impleaded against their will,
Forms of communication considered private andprotected
making a medical test a tool for criminal prosecution.
by this provision include letters, messages, telephone
(Social Justice Society v. Dangerous Drugs Board, G.R.
calls, telegrams and the like. (Bemas, The 1987 Philippine
Nos. 157870, 158633, 161658, 2008).
Constitution: A Comprehensive Reviewer, 59, 2011).
Evidence Obtained Through Purely Mechanical Acts
Private communications can be made public
The constitutional right of an accused against self-
Private communications can be made public where a
incrimination proscribes the use of physical or moral
secret involves public questions which the State should
compulsion to extort communications from the accused
and ought to know, the State may infringe that privacy of
and not the inclusion of his body in evidence when it may
communication by some process or by appealing to the
be material. Purely mechanical acts are not included in the
Court for the purpose of determining whether or not the
prohibition as the accused does not thereby speak his guilt,
privacy should be maintained. The court may allow
hence the assistance and guiding hand of counsel is not
intrusions on privacy of communication and
required. The essence of the right against self-
correspondence only on the ground of probable cause.
incrimination is testimonial compuls'on, that is, the giving
(Bernas, The 1987 Constitution of the Republic of the
of evidence against himself through a testimonial act.
Philippines, 2009).
Hence, it has been held that:
INTRUSION, WHEN ALLOWED
1. A woman charged with adultery may be compelled to
submit to physical examination to determine her
It is allowed "upon lawful order of the court, or when public
pregnancy;
safety or order requires otherwise as prescribed by law."
2. An accused may be compelled to submit to physical (Phil. Const., art. 3, § 3).
examination and to have a substance taken from his
body for medical determination as to whether he was General Rule: Intrusion requires court order.
suffering from gonorrhea which as cOntracted by his Exception: When public safety or order requires it, the
victim; executive may intrude into the privacy of an individual but
3. To expel morphine from his mouth; only in accordance with an existing law allowing such

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intrusion. (Bernas, The 1987 Constitution Of the Republic
of the Philippines, 2009).
Requisites of an intrusion without an order
It should be based upon a government official's
assessment that public safety and order demand such
intrusion, as provided by law. It is not only that the
discretion of the executive officer is limitable by law but
also that a public officer who exercises this power must be
able to point to a law under which he acts. (Bernas, The
1987 Constitution of the Republic of the Philippines, 2009).
Public order and safety
The security of human lives, liberty, and property against
the activities of invaders, insurrectionists, and rebels."
(1971 Constitutional Convention, Nov. 25, 1972).
RA 10175 (CYBERCRIME LAVVI
Certain Cybercrime Offenses uncier RA 10175 were
assailed for violating both the right gainst unreasonable
searches and seizures and the right to privacy. The court
held that relevant to any discussion of the right to privacy
is the concept known as the "Zones of Privacy." Zones of
privacy are recognized and protected in our laws. Within
these zones, any form of intrusion is impermissible unless
excused by law and in accordance with customary legal
process. The meticulous regard we accord to these zones
arises not only from our conviction that the right to privacy
is a "constitutional right" and "the right most valued by
civilized men," but also from our adherence to the UDHR
which mandates that, "no one shall be subjected to
arbitrary interference with his privacy" and "everyone has
the right to the protection of the law against such
interference or attacks." Thus, the two constitutional
guarantees create these zones of privacy:
A. the right against unreasonable searches and seizures,
which is the basis of the right to be let alone, and
B. the right to privacy of communication and
correspondence.
In assessing the challenge that the State has
impermissibly intruded into these zones of privacy, a court
must determine whether a person has, exhibited a
reasonable expectation of privacY and, if so, whether
that expectation has been violated by unreasonable
government intrusion. The usual identifying information
regarding a person includes his name, his citizenship, his
residence address, his contact number, his place and date
of birth, the name of his spouse, if any, his occupation, and
similar data. The law punishes those who acquire or use
such identifying information without right implicitly to
cause damage. Petitioners failed to show how government
Page 103 of 320
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effort to curb computer-related identity theft violates the
right to privacy and correspondence as well as the right to
due process of law.
However, Section 12 on real-time collection of traffic data
was declared unconstitutional for the authority that Section
12 gives law enforcement agencies is too sweeping and
lacks restraint. While it says that traffic data collection
should not disclose identities or content data, such
restraint is but an illusion. Admittedly, nothing can prevent
law enforcement agencies holding these data in their
hands from looking into the identity of their sender or
receiver and what the data contains. This will
unnecessarily expose the citizenry to leaked information
or, worse, to extortion from certain bad elements in these
agencies. Section 12, of course, limits the collection of
traffic data to those "associated with specified
communications." But this supposed limitation is no
limitation at all since, evidently, it is the law enforcement
agencies that would specify the target communications.
The power is virtually limitless, enabling law enforcement
authorities to engage in "fishing expedition," choosing
whatever specified communication they want. This
evidently threatens the right of individuals to privacy.
(Disini v. Sec. of Justice, G.R. No. 203335, 2014).
The employee has a burden of proving that he has
legitimate expectation of privacy either in his office or
computer files. He can prove this by alleging and
demonstrating the following: he used a password on his
computer, did not share his office with co-workers and kept
the same locked. However, the existence of a workplace
privacy policy may limit or erode the reasonable
expectation of privacy. (Polio v. Constantino-David, GR
No. 181881, 2011)
Test of Reasonable Expectation Of Privacy
• Subjective: A person has exhibited an actual
expectation of privacy; and
• Objective: The expectation be one that society
is prepared to recognize as reasonable (Polo v.
Constantino-David, supra)
Before one can have an expectation of privacy in his or her
Online Social Network activity, it is first necessary that said
user manifest the intention to keep certain posts private. In
the cyber world, utilization of privacy tools is the
manifestation of the user's invocation of his or her right to
informational privacy. (Vivares v. St. Theresa's College,
G.R. No. 202666, 2014)
ATENEO CENTRAL
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That the photos are viewable by 'friends only" does not
necessarily bolster the petitioners' contention. In this
regard, the cyber community is agreed that the digital
images under this setting still remain to be outside the
confines of the zones of privacy in view of the following:
1. Facebook "allows the world to be more open and
connected by giving its users the tools to interact and
share in any conceivable way";
2. A good number of Facebook users "befriend" other
users who are total strangers;
3. The sheer number of "Friends" one user has, usually
by the hundreds; and
4. A user's Facebook friend can "share" the formers post,
or "tag" others who are not Facebook friends with the
former, despite its being visible only to his or her own
Facebook friends.
Setting a post's or profile detail's pr vacy to "Friends" is no
assurance that it can no longer be viewed by anotheruser
who is not Facebook friends with the source of the content.
(Vivares v. St. Theresa's College, G.R. No. 202666, 2014.)
R.A. 4200-(ANTI-WIRETAPPING ACT)
a. Only protects letters, messages, telephone calls,
telegrams and the like.
b. The substance of the convesation need not be
specifically alleged in the informiation.
c. Under Section 3 of R.A. 4200, a peace officer, who is
authorized by a written order of the Court, may execute
any of the acts declared to be unlawful in the said law
in cases involving the crimes of:
1. Treason
2. Espionage
3. Provoking war and disloyalty in case of war
4. Piracy and mutiny in the high Seas
5. Rebellion (conspiracy and proposal to commit;
inciting to commit)
6. Sedition (conspiracy to commit and inciting to
commit)
7. Kidnapping
8. Violations of C.A. No. 616 (punishing
espionage and other offenses against national
security)
d. R.A. 4200 does not distinguish betimeen a party to
the private communication or a third person.
Hence, both could be held fable under R.A. 4200
if they commit any of the prohibited acts under R.A.
4200. (Ramirez v. CA, G.R. No. 93833, 1995).
e. The use of a telephone extension to overhear a
private conversation is not a violation of R.A. 4200
because it is not similar to any of the prohibited
devices under the law. Also, a telephone extension
is not purposely installed for the purpose of
Page 104 of 320
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secretly intercepting or recording private
communication. (Gaanan v. lAC, G.R. No. L-
69809, 1986).
EXCLUSIONARY RULE
Any evidence obtained shall •be inadmissible for any
purpose in any proceeding. However, in the absence of
governmental interference, the protection against
unreasonable search and seizure cannot be extended to
acts committed by private individuals.
The constitutional proscription against unlawful searches
and seizures applies as a restraint directed ,only against
government and its agencies tasked with the enforcement
of the law. Thus, it coUld only-be invoked against the State
to whom the restraint against arbitrary and unreasonable
exercise of power is imposed. (People v. Marti, G.R. No.
81561, 1991).
This does not mean however that private individuals
cannot be held liable. Almost all these liberties are also
guaranteed by Article 32 of the Civil Code, making private
violations actionable even if the violation does not have a
constitutional consequence such as the applicability of the
exclusionary rule. (Bemas, The 1987 Constitution of the
Republic of the Philippines, 2009).
Exclusionary rule will not apply if the recipient of the
message granted access to the message(s) sent. (Office
of the Court Administrator v. Judge Eliza B. Yu, A.M. No.
MTJ-12-1813, 2017)
WRIT OF HABEAS DATA
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. (A.M. No 08-1-16-SC, Sec. 1).
Who may file: (P-SCP-R)
1. Person whose right to Privacy is threatened
2. In case of extrajudicial disappearance or killings:
(a) Spouse, Children and Parents
(b) Any ascendant, descendant or collateral Relative of
the aggrieved party within the fourth civil degree of
consanguinity or affinity in default of those
mentioned in the preceding paragraph. (A.M. No
08-1-16-SC, Sec. 2).
 ATENEO CENTRAL
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Where to file: (RGP)
1. Residence of petitioner or respondent,
2. Place where the data is Gathered or stored
3. In case of actions involving public data of government
offices:
(a) Supreme Court
(b) Court of Appeals
(c) Sandiganbayan (A.M. No 08-1-16-SC, Sec. 3).
Contents of the petition:
1. The personal circumstances of the petitioner and the
respondent;
2. The manner the right to privacy is violated or
threatened and how it affects the right to life, liberty or
security of the aggrieved party;
3. The actions and recourses taken by the petitioner to
secure the data or information;
4. The location of the files registers or databases, the
government office, and the person in charge, in
possession or in control of the cata or ,information, if
known;
5. The reliefs prayed for, which may include the updating,
rectification, suppression or destruction of the
database or information or files kept by the
respondent. In case of threats, the relief may include a
prayer for an order enjoining the act complained of;
and
6. Such other relevant reliefs as are just and equitable
(A.M. No 08-1-16-SC, Sec. 6).
Court shall immediately order the issuance of the writ
The Court shall immediately order the issuance of the writ
if on its face it ought to issue. The clerk of colurt shall issue
the writ under the seal of the court and served within 3 days
from its issuance.
Cases of Urgent Necessity
In case of urgent necessity, the justice or judge may issue
the writ under his or her own hand, and may deputize any
officer or person to serve it. (A.M. No 08-1-16-SC, Sec.
7).
Date and time for summary hearing - not be later than
10 working days from the date of its issuance. (A.M.
No 08-1-16-SC, Sec 7).
Rationale why Writ was conceived
It bears reiteration that like the Writ of Amparo, habeas
data was conceived as a response, given the lack of
effective and available remedies, to address the
extraordinary rise in the number of k Dings and enforced
disappearances. Its intent is to address violations of or
threats to the rights to life, liberty or security,as a remedy
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independently from those provided under prevailing Rules.
Writs of Amparo and habeas data will not issue to protect
purely property or commercial concerns nor when the
grounds invoked in support of the petitions therefor are
vague or doubtful. Employment constitutes a property right
under the context of the due process clause of the
Constitution. It is evident that respondent's reservations on
the real reasons for her transfer - a legitimate concern
respecting the terms and conditions of one's employment
- are what prompted her to adopt the extraordinary remedy
of habeas data. (Manila Electric Company v. Lim, G.R. No.
184679, 2010).
FREEDOM OF SPEECH AND EXPRESSION
CONCEPT AND SCOPE
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. (Phil. Const., art. 3, § 4).
Freedom of Speech
Formulated primarily for the protection of "core" speech,
(i.e., speech, which communicates political, social, or
religious ideas). These enjoy the same degree of
protection. Commercial speech, however, does not.
(Bernas, The 1987 Constitution of the Republic of the
Philippines, 2009).
Section 19 of the Cybercrime Prevention Act on Restricting
or Blocking Access to Computer Data was assailed for
violating freedom of speech. The court declared the
provision unconstitutional and held that the content of the
computer data can also constitute speech. In such a case,
Section 19 operates as a restriction on the freedom of
expression over cyberspace. Certainly not all forms of
speech are protected. Legislature may, within
constitutional bounds, declare certain kinds of expression
as illegal. But for an executive officer to seize content
alleged to be unprotected without any judicial warrant, it is
not enough for him to be of the opinion that such content
violates some law, for to do so would make him judge, jury,
and executioner all rolled into one. Not only does Section
19 preclude any judicial intervention, but it also disregards
jurisprudential guidelines established to determine the
validity of restrictions on speech. Section 19, however,
merely requires that the data to be blocked be found prima
facie in violation of any provision of the cybercrime law.
Taking Section 6 into consideration, this can actually be
made to apply in relation to any penal provision. It does not
take into consideration any of the three tests. (Disini v. Sec.
of Justice, G.R. No. 203335, 2014; See case for other
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provisions relating to freedom of speech, which were
upheld by the court).
The scope of freedom of expression is so broad that it
extends protection to nearly all forms of communication. It
protects speech, print and assembly regarding secular as
well as political causes, and is not confined to any
particular field of human interest. The protection covers
myriad matters of public interest or concern embracing all
issues, about which information is needed or appropriate,
so as to enable members of society to cope with the
exigencies of their period (Chavez v. Gonzales, G.R. No.
168338, 2008).
Freedom of Expression Prohibits:
a. Prior Restraint (Censorship)
Official governmental restrictions on the press or other
forms of expression in advance of actual publication or
dissemination. (Bemas, The 1987 Constitution of the
Republic of the Philippines, 2009).
The Session Law of Minnesota mandated the abatement,
as 'public nuisances, of malicious, scandalous, and
defamatory publications. After publishing articles that
criticized certain local public officials and personalities, The
Saturday Press, owned by the petitioner Near, was
enjoined from further publication. The court held that the
operation and effect of the statute in substance is that
public authorities may bring the owner oir publisher of a
newspaper or periodical before a judge upon a charge of
conducting a business of publishing scandalous and
defamatory matter...and unless the owner or publisher is
able to,disposed to bring competent evidence to satisfy the
judge that the charges are true and are published with
good motives and for justifiable ends, his newspaper or
periodical is suppressed and further publication is made
punishable as a contempt. This is of the essence of
censorship. (Near v. Minesota, 283 U.S. 697, June 1,
1931; Bernas, The 1987 Constitution of the Republic of the
Philippines, 2009).
Some Forms of Prior Restraint
• System of licensing administered by an executive
officer. (e.g., movie censorship)
• Judicial prior restraint (an injunction against publication) The free speech and press clause also prohibits systems
• License taxes or flat license fees
General Rule: There is always a presumption of
unconstitutionality on any system of prior restraint — thus,
the Government has the "burden of showing justification
for the enforcement of such a restraint." (Bernas, The 1987
Constitution of the Republic of the Philippines, 2009).
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Any prior restraint upon the freedom of the press bears a
heavy presumption against its constitutionality. In
other words, the government must clearly make out a case
to overcome this presumption, which it failed to do in this
case. The word "security" is so broad that it should not be
used to abrogate the fundamental law. The publication
would not cause an inevitable, immediate, and direct event
that would imperil the safety of the American forces, such
that there was no grave and irreparable danger. The US
SC also held that the 1st Amendment does not tolerate
prior restraints predicated upon beliefs that untoward
consequences may result therefrom. The press must be
left free to publish news, whatever the source, without
censorship or restraint because only a free and
unrestrained press can effectively expose government
deception to the people. (New York Times v. United States,
403 U.S. 713, 1971).
Exception: When Comelec is exercising the power
granted by Art.9, C(4) to ensure equal opportunity, time,
space, and the "right to reply" as wel; as uniform and
reasonable rates of charges for the use of such media
facilities for "public information campaigns and forums
among candidates." In such cases, there is no presumption
of invalidity (National Press Club v. Comelec; Bernas, The
1987 Constitution of the Republic of the Philippines, 2009).
Freedom of expression is not an absolute
Freedom of expression is not an absolute nor it is an
unbridled license that gives immunity for every possible
use of language and prevents the punishment of those who
abuse this freedom (Chavez v. Gonzales, G.R. No.
168338, 2008)
When the Prohibition Does Not Apply: (WOS)
1. When the nation is at War. (Chavez v. Gonzales, G.R.
No. 168338, 2008) (e.g., The government can prevent
publication about the number or location of its troops)
2. Obscene publications
3. Security of community life may be protected against
incitements to acts of violence or overthrow by force of
orderly government. (Near v. Minesota, 283 U.S. 697,
1931).
(b) Subsequent punishment
of subsequent punishment, which have the effect of unduly
curtailing expression. For, indeed, if prior restraint were all
that the constitutional guarantee prohibited and
government could impose subsequent punishment without
restraint, freedom of expression would be a mockery and
a delusion. (Bernas, The 1987 Constitution of the Republic
of the Philippines, 2009).
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assessing content-based restrictions on free speech, as

Since freedom of expression ranks in the hierarchy of well as for laws dealing with freedom of the mind or
constitutional rights higher than property, the norms for the restricting the political process, of laws dealing with the
regulation of expression place more stringent limits on regulation of speech, gender, or race as well as other
state action. Jurisprudence has evolved three tests: fundamental rights as expansion from its earlier
1. Dangerous Tendency test; applications to equal protection. The immediate implication
2. the Clear and Present Danger test. of the application of the "strict scrutiny" test is that the
3. the Balancing of Interests test. burden falls upon respondents as agents of government to
prove that their actions do not infringe upon petitioners'
Of these, the second and third are favored. (Bernas, constitutional rights. As content regulation cannot be done
The 1987 Philippine Constitution: A Comprehensive in the absence of any compelling reason, the burden lies
Reviewer, 2011). with the government to establish such compelling reason
to infringe the right to free expression. (Newsounds
Symbolic Speech Broadcasting Network v. Dy, G.R. Nos. 170270 & 179411,
When "speech" and "non-speech" elements are combined 2009).
in the same course of conduct, a sufficiently important
government interest in regulating the non-speech element Scope of Protection
can justify incidental limitations on free speech.
PROTECTED SPEECH UNPROTECTED SPEECH
Government Regulation is Justified if: (WI-FU-UN-NO) There are certain well
1. It is within the constitutional power of the government Every form of expression
defined and narrowly limited
2. It furthers a substantial government interest (oral, written, tape or
classes of speech, the
3. The governmental interest is unrelated to the disc recorded).
prevention and punishment
suppression of free expression of which has never been
4. The incidental restriction is no greater than essential It includes motion
thought to raise any
to the furtherance of the interest. (Osmefia v. pictures as well as what
constitutional problems.
COMELEC, 351 PhiL 692 717, citing Adiong v. is known as symbolic
COMELEC, G.R. No. 103956, 1992). speech such as the
These are:
wearing of an armband
1. Libel
The test was formulated in U.S. v. O'Brien (391 U.S. 367, as a symbol of protest.
2. Obscenity
1968), which was deemed appropriate for restrictions on Peaceful picketing has
speech, which are content-neutral. also been included
It has well been observed
within the meaning of
that such utterances are not
CONTENT-BASED AND CONTENT-NEUTRAL speech. (Bemas, The
essential part of any
REGULATIONS 1987 Constitution of the
exposition of ideas, and are
Content-Based Regulations Republic of the
of such slight societal value
The restriction is based on the subject matter of the Philippines, 2009).
as a step to truth that any
utterance or speech. Content-based laws are generally
treated as more suspect than content-neutral laws benefit that may be derived
because of judicial concern with discrimination in the from them is clearly
regulation of expression. (Newsounds Broadcasting outweighed by the social
Network v. Dy, G.R. Nos. 170270 & 179411 2009). interests in order and
morality. (Bemas, The 1987
Content-Neutral Regulations Constitution of the Republic
It is merely concerned with the incidents of the speech, or of the Philippines, 2009
one that merely controls the time, place or manner, and citing Chaplinsky v. New
under well-defined standard. Content-neutral regulations Hampshire).
of speech or of conduct that may amount to speech, are
subject to lesser but still heightened crutiny. Thus, in dealing with them
there is no call for the
The Court is of the position that the actions of the application of the clear and
respondents warrant heightened or strict scrutiny from the present danger rule, the
Court, the test which we have deemed appropriate in
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dangerous tendency rule, or statement in the case would have a chilling effect upon
the balancing, of interests them. This makes the law overbroad and therefore in
test because these are violation of freedom of expression. (Disini v. Secretary of
essentally methods of Justice, G.R. No. 203335, 2014)
weighing competing
legitimate values. But there Publication vis-a-vis Libel
still renaains the Publication means "making the defamatory matter, which
complicated task of is written, known to someone other than the person to
discovering the norms for whom it has been written" (Ledesma v. CA, G.R. No.
determining what speech is 113216. 1997).
libeloue or what speech is
obscene. (l3ernas, The However, a defamatory speech is protected if it is made in
1987 Constitution of the good faith on any subject matter in which the
Repubrc of the Philippines, communicator has an interest, or concerning which he has
2009). a duty. e.g., Reporting a defamatory matter to a superior is
not libelous. (Bemas, The 1987 Constitution of the
Republic of the Philippines, 2009).
Libel
A libel is a public and malicious imputation of a crime or of
Contempt is akin to a case of libel
a vice or a defect, real or imaginary, or any act, omission,Contempt is akin to a case of libel for both constitute
condition, status, or circumstance tending to cause the limitations upon freedom of the press or freedom of
dishonor, discredit, or contempt of a natural or juridical expression guaranteed by our Constitution. What is
person, or to blacken the memory of one who is dead. considered a privilege in one may likewise be considered
(Revised Penal Code, Art. 353). in the other. The principle of privileged communications
can also be invoked in contempt charges. (Atty. Raymund
Elements of libel: (APIM) P. Paled v. Lolit Solis, et,a1., G.R. No. 206691, 2016)
1. The Allegation of a discreditable act or condition concerning
another. When a lawyer has become a public figure for being
2. Publication of the charge. involved in a public issue, the controversy involving such
3. Identity of the person defamed individual becomes a matter of public interest. Therefore,
4. Existence of Malice. the media has the right to report the disciplinary case as
legitimate news. Such will not be considered as a violation
Malice is bad faith or bad motive. It is the essence of of the confidentiality rule in disciplinary proceedings
the crime of libel. against lawyers. (Atty. Raymund P. Paled v. Lolit Solis, et
Proof that statement was false al., G.R. No. 206691, 2016)
In the absence of proof that the defendant knew that the
statement was false or published with reckless disregard Privileged Communications
of whether or not it was true, the defendant cannot be held 1. Absolute— Privileged communication may be absolute
liable for libel. (Guingguing v. Court of Appeals, G.R. No. (like statements made by legislators in Congress) which
128959, 2005). are never actionable.
2. Qualified — Those which are not actionable, if found to
When is there Malice have been made in good faith or for justifiable motive
There is malice when the author of the imputation is (Borjal v. CA, G.R. No. 126466, 1999).
prompted by or spite and speaks not in response to
duty but merely to injure The reputation of the person who While generally every defamatory imputation is presumed
claims to have been defamed (Alonzo v. CA, G.R. No. malicious, if the communication is privileged, the
110088, 1995). presumption does not arise. The plaintiff assumes the
burden of proving malice. (Bernas, The 1987 Constitution
Original author of the statement should be prosecuted of the Republic of the Philippines, 2009).
for libel.
Only the original author of the statement should be
prosecuted for libel. Because of the unique culture of
cyberspace, the inclusion of those who just shared the
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Requisites for a Qualifiedly Privileged
Communication: (DAG)
1. The person who made the communication had a legal,
moral, or social Duty to make the communication, or
at least, had an interest to protect, which interest may
either be his own or of the one to whom it is made;
2. The communication is Addressed to, an officer or a
board, or superior, having some interest or duty in the
matter, and who has the power to furnish the protection
sought;
3. The statements in the communication are made in
Good faith and without malice.
Libel Against Public Officials and Public Figures
A public official cannot recover damages kir a defamatory
falsehood relating to his official conduct unless he proves
that the statement was made with 'actual malice'. Actual
malice means there was knowledge that it was false or with
reckless disregard of whether it was false or not. (NY
Times v. Sullivan, 376 U.S. 254, 1964).
General Rule: Libel is presumed t be malicious even if
true.
Exception: if the object is a public official, there is no
presumption of malice.
With respect to public personalities (politicians, actors,
anyone with a connection to a newsworthy event), opinions
can be aired regarding their public actuations.
However, if the utterances are false, malicious, or
unrelated to a public officer's performance Of his duties, or
irrelevant to matters of public interest involving public
figures, the same may give rise to criminal and civil liability.
Fair Commentaries
These are privileged and constitute a valic( defense in an
action for libel or slander. When the discreditable
imputation is directed against a public person in his public
capacity, it is not necessarily actionable. In order for it to
be actionable, it must either be a false allegation of fact or
a comment based on a false supposition.
If the comment is an expression of opinion based on
established facts, then it is immaterial that the opinion
happens to be mistaken, as long as it might
reasonably be inferred. The insertion of an old picketing
footage in a news report was not libelous because it did not
convey anything derogatory in nature, and it was actually
simultaneously voiced over by the narration of the news
report. The report was also merely quoted from the
contents and allegations in the petition and is merely a
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summary of the petition. (GMA Network v. Bustos, G.R.
No. 146848, 2006).
Indecency
Not conforming with generally accepted standards of
behavior or propriety.
Obscenity
Appeals to lascivious thoughts or desire or tends to
arouse sexual desire.
Test for obscenity (Miller Test) codified in BP 880:
1. Whether the average person, applying contemporary
community standards would find that the work, taken
as a whole, appeals to the prurient interest.
2. Whether the work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by
the applicable state law.
3. Whether the work, taken as a whole Lacks Serious
Literary, Artistic, Political, or Scientific value (Code:
LSLAPS) (Miller v. California, 413 U.S. 15, 1973).
Relative Obscenity
The Court noted that there was "no perfect definition of
obscenity" and that ultimately therefore "obscenity is an
issue proper for judicial determination and should be
treated on a case to case basis and on the judge's sound
discretion." (Soriano v. Laguardia, G.R. No. 164785,
2009.).
Procedure for Seizure
1. Authorities must apply for issuance of search warrant
2. Court must be convinced that the materials are
obscene (apply clear and present danger test)
3. Judge determines whether they are "obscene"
4. Judge will issue a search warrant
5. Proper action should be filed under Art. 201 of the RPC
(Immoral documents, obscene publications and
exhibitions, and indecent shows)
6. Any conviction is subject to appeal. The appellate court
may assess whether or not the properties seized are
indeed "obscene". (Pita v. CA, G.R. No. 80806, 1989)
FACIAL CHALLENGES AND OVERBREADTH
DOCTRINE
Overbreadth Doctrine
The doctrine provides that a government purpose may not
be achieved by means that sweep unnecessarily broadly
and thereby invade the area of protected freedoms.
The overbreadth doctrine only applies to those involving
free speech. Criminal statutes generally have in terrorem
effect resulting from the very existence, and, if facial
ATENEO CENTRAL
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challenge is allowed for this reason alone, the State may
be prevented from enacting laws against socially harmful
conduct.
A plain reading of P.P. No. 1017 shows that it is not
primarily directed at speech, rather it covers a spectrum of
conduct. It is a call upon the AFP to prevent or suppress
all forms of lawless violence. Facial invalidation on the
ground of overbreadth is a 'manifestly strong medicine, to
be used sparingly and only as a last resort. Petitioners did
not show that there is no instance wherein P.P. No. 1017
may be valid (David v. Arroyo, G.R. No. 171396 2006).
Facial Challenge
Prohibiting placing of campaign decals on private cars is
overbroad, and thus invalid prohibition. (Adiong v.
COMELEC, G.R. No. 103956, 1992).
Banning the publishing of survey results iS also overbroad
because it does not meet the O'Brien test, since it
suppresses one type of expression while allowing others
like editorials. (SWS v. COMELEC, G.R. No. 147571,
2001).
A facial challenge is allowed against vague or overbroad
statutes because of possible "chilling effect" upon
protected speech. The theory is that u[w]hen statutes
regulate or proscribe speech and no readily apparent
construction suggests itself as a vehicle for rehabilitating
the statutes in a single prosecution, the transcendent value
to all society of constitutionally protected expression is
deemed to justify allowing attacks on overly broad statutes
with no requirement that the person making the attack
demonstrate that his own conduct could not be regulated
by a statute drawn with narrow specificity." This rationale
does not apply to penal statutes. (Estrada vs.
Sandiganbayan, G.R. No. 148560, 2001). 1
The facial challenge has expanded its scope to cover
statutes not only regulating free speech, but also those
involving religious freedom, and other fundamental rights
because of the expanded scope of judicial power. (Imbong
v. Ochoa, GR No. 204819, 2014)
In an "as applied" challenge, the constitutionality of a
statute can be challenged only by one who asserts a
violation of his own rights. It cannot be challenged based
solely on the violation of the rights of third persons not
before the court. An exception to this rule is the concept of
facial challenge. A petitioner may mount a "facial"
challenge to the constitutionality of a statute even if he
claims no violation of his own rights under the assailed
statute where it involves free speech on grounds of
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overbreadth or vagueness of the statute. (Disini v.
Secretary of Justice, OR No. 203335, 2014)
TESTS
The freedom of expression and the right to freely associate
are not absolute. The standards to test the validity of
regulations that curtail the freedom of speech, of the press,
and of peaceful assembly are:
1. Dangerous tendency doctrine
This is used for statements against the Supreme Court and
permits the application of restrictions when:
(a) There is a rational connection between the speech and
the danger apprehended;
(b) The tendency of one to create the other is shown.
(Gonzales v. COMELEC, G.R. No. L-27833, 1969).
Citizen Perez made this remark at a political discussion at
a town municipio: "and the Filipinos, like myself, must use
bolos for cutting off Wood's head for having recommended
a bad thing for the Philippines." The court held that
criticism, no matter how severe, on the Executive, the
Legislature, and the Judiciary, is within the range of liberty
of speech, unless the intention and effect be seditious. In
this case, Malcolm found a seditious tendency which could
easily produce disaffection among the people and a state
of feeling incompatible with a disposition to remain loyal to
the Government and obedient to -the laws. (People v.
Perez, G.R. No. L-21049, 1923; Bemas, The 1987
Philippine Constitution: 'A Comprehensive Reviewer,
2011).
If the words uttered create a dangerous tendency which
the state has a right to prevent, then such words are
punishable. It is not necessary that some definite or
immediate acts of force, violence, or unlawfulness be
advocated. It is sufficient that such acts be advocated in
general terms. Nor is it necessary that the language used
be reasonably caiculated to incite persons to acts of force,
violence or unlawfulness. It is sufficient if the natural
tendency and probable effect of the utterance be to bring
about the substantive evil the utterance be to bring about
the substantive evil which the legislative body seeks to
prevent (Cabansag v. Fernandez, G.R. No. L-8974, 1957).
2. Clear and present danger rule
This test is used for statements against lower courts. The
question is whether the words are used in such
circumstances and are of such a nature as to create a clear
and present danger that they will bring about substantive
evils that Congress has a right to prevent. It must be
present and inevitable. It is a question of proximity and
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degree. Clear connotes a causal connection with the (Bernas, The 1987 Philippine Constitution: A
danger of the substantive evil arising from the utterance Comprehensive Reviewer, 2011 ed. citing Gonzales v.
questioned. Present refers to the time element that is COMELEC, G.R. No. L-27833, 1969).
identified with imminent and immediate danger. (Gonzales
v. COMELEC, G.R. No. L-27833, 1969). The dangerous tendency rule and the clear and present
danger rule were evolved in the context of prosecution for
Radio station DYRE was summari y closed for national seditious speech. They are thus couched in terms of
security reasons because it allegedly aired subversive degree of evil and proximity of the evil. But not all evils
programs. The SC held that all forms of media are entitled easily lend themselves, like sedition to measurement of
to the protection of the freedom of speech and expression proximity and degree. For legislation therefore whose
clause. The clear and present danger test may be applied object is not the prevention of evil measurable in terms of
to test the limits of free speech. That the words are used in proximity and degree, another test had to be evolved. The
such circumstances and are of such nature as to create a balancing of interests serves this purpose. It is used, for
clear and present danger that they will bring about the instance, for commercial speech. (People v. Perez, G.R.
substantive evils that Congress has a right to prevent The No. L-21049, 1923; Bemas, The 1987 Philippine
SC recognized that the government also has a right to be Constitution: A Comprehensive Reviewer, 2011).
protected against broadcasts that incite the listeners to
violently overthrow it. The SC held that the dangerous tendency doctrine and the
clear and present danger rule were fashioned in the course
However, the clear and present danger test is not an all- of testing legislation that limited speech expected to have
embracing interpretation that is applicable to all utterances deleterious consequences on the security and public order
in all forums. Freedom of television and radio broadcasting of the community. The clear and present danger rule is not
is lesser in scope than the freedom accorded to newspaper one of universal applicability and validity (Gonzales v.
and print media. Radio broadcastihg receives the most COMELEC, G.R. No. L-27833, 1969).
limited protection from the free expression clause.
Broadcast media have a uniquely pervasive presence in Summary
the lives of all citizens — it reaches even the privacy of the TEST CRITERION
home. Broadcast media is uniquely accessible to all, even
children — selectivity is more difficult in radio and TV. In 1. There should be a rational
other words, the audiences of radioLand TV have lesser connection between the speech
opportunity to cogitate, analyze, and eject the utterances. and the evil apprehended.
(Eastern Broadcasting v. Dans Jr., G.R. No. L-59329, Dangerous
(Bernas, The 1987 Philippine
1985). Tendency
Constitution: A Comprehensive
Reviewer, 2011).
3. Balancing of interest test 2. Focus on content.
Represents a wholly pragmatic approach...it rests on the
theory that it is the Court's function in the Case before it 1. The words when used under such
when it finds public interests served by legislation on the circumstances are of such a
one hand and First Amendment freedoms affected by it on nature as to create a clear and
the other, to balance the one against the other and to arrive present danger that they will
at a judgment where the greater weight shall be placed. If Clear and bring about the substantive evils
on balance, it appears that the publ'c interest served by Present Danger that the state has a right to
restrictive legislation is of such a character that it prevent (Bernas, The 1987
outweighs the abridgement of freedom, the Court will find Philippine Constitution: A
the legislation valid. (Bernas, The 1987 Philippine Comprehensive Reviewer, 2011).
Constitution: A Comprehensive Reviewer, 2011). 2. Focus on content & context.

1. The courts should balance the

Republic Act 4880 among other things prohibits the too
public interest served by
early nomination of political candidates and limits the Balancing of
legislation and the freedom of
period for partisan political activity. Its Purpose is to prevent Interests
speech (or any other
the debasement of the political procees. In determining the
constitutional right).
validity of the law, free speech as a social value must be
weighed against the political process as a social value.
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2. The courts Will then decide where
the greater weight should be
placed.
3. Focus on Weighing government
and private interest.
STATE REGULATION OVER DIFFERENT TYPES OF
MASS MEDIA
• A speech that may endanger public safety may be
censored and disapproved for broadcasting.
• The freedom of broadcast media is lesser in scope than
the press because of their pervasive presence in the
lives of the people and because of their accessibility to
children. (Radio and TV).
• Movies may be regulated by an administrative body
subject only to judicial review by the courts.
• Live TV coverage of a criminal case may be
allowed..."mere fear of possible undue,influence is not
tantamount to actual prejudice resulting in the
deprivation of the right to a fair trial" (In Re:,Petition For
Radio And TV Coverage Of The Multiple Murder Case
Against Zaldy Ampatuan et al., 1A.M. No. 10-11-5-SC,
2011).
• The right to privacy or "the right to be left alone" is not
an absolute right. A limited intrusion into a person's
privacy has long been regarded as permissible when
that person is a public figure and the information sought
to elicited from him or to be published about him
constitute matters of a public character. The right of
privacy cannot be invoked to sesist Publication and
dissemination of matters of public interest. The interest
sought to be protected by the right of privacy is the right
to be free from "unwarranted' publicity, from the
wrongful publicizing of the private affairs and activities of
an individual which are outside the realm of legitimate
public concern (Ayer Productions v. Capulong, G.R. No.
82330, 1988). (Bernas, The 1987 Constitution of the
Republic of the Philippines, 2009).
A. Cannot prohibit columnists from using their columns
or programs to campaign against or for a plebiscite
choice, since the authority given by the Constitution
is over holders of franchises and to give candidates
equal opportunity and equal access to media — not
restrain free discussion. (Sanidad v. COMELEC,
G.R. No. 90879, 1990).
B. Cannot ban exit polls because the evils envisioned
are merely speculative. (ABS CBN v. COMELEC,
G.R. No. 133486, 2000).
C. MTRCB has power to review both religious shows
like the INC program, as wel as public affairs and
Page 112 of 320
POLITICAL LAW
documentary programs like The Inside Story.
(MTRCB v. ABS-CBN, G.R. No. 155282, 2005).
The content of the computer data can also constitute
speech. In such a case, Section 19 of RA 10175
(Cybercrime Law) operates as a restriction on the freedom
of expression over cyberspace. Certainly not all forms of
speech are protected. Legislature may, within
constitutional bounds, declare certain kinds of expression
as illegal. But for an executive officer to seize content
alleged to be unprotected without any judicial warrant, it is
not enough for him to be of the opinion that such content
violates some law, for to do so would make him judge, jury,
and executioner all rolled into one. Not only does Section
19 preclude any judicial intervention, but it also disregards
jurisprudential guidelines established to determine the
validity of restrictions on speech. (Disini v. Sec. of Justice,
G.R. No. 203335, 'Feb. 11, 2014; See case for other
provisions relating to freedom of speech, which were
upheld-by the court).
COMMERCIAL SPEECH
Concept
Communication which no more than proposes a
commercial transaction. Even an individual advertisement,
though entirely "commercial," may be of general public
interest. Advertising, however tasteless and excessive it
sometimes may seem, is nonetheless dissemination of
information as to who is producing and selling what
product, for what reason, and at what price. So long as we
preserve a predominantly free enterprise economy, the
allocation of our resources in large measure will be made
through numerous private decisions. To this end, the free
flow of information is indispensable. (Bernas, The 1987
Constitution of the Republic of the Philippines, 2009).
Requirements for 'Protection of Commercial Speech
(FSD'O)
1. The speech must not be False or misleading or
proposing an illegal activity;
2. The governmental interest sought to be served by the
regulation must be Substantial;
3. The regulation must Directly advance the
government's interest;
4. The regulation must not be Overboard. (Central
Hudson Gas v. Public Service Commission, 447 U.S.
557, 1980).
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PRIVATE v. GOVERNMENT SPEECH to peaceable assembly is a right cognate to those of free

TEST - * CRITERION
1 1
I. There should be a rational
connection between. the speech
Dangerous and the evil apprehended. (Bemas,
Tendency The 1987 Philippine Constitution: A
Comprehensive Reviewer, 2011).
2. Focus on content.
I. The words when used under such
circumstances are of such a nature
as to create a clear and present
Clear and danger that they will bring about the
Present substantive evils that the state has
Danger a right to prevent (Bemas, The
1987 Philippine Constitution: A
Comprehensive Reviewer, 2011).
2. Focus on content & context.
1. The courts should balance the
public interest served by
legislation and the freedom of
speech (or any other constitutional
Balancing of right).
Interests 2. The courts will then decide where
the greater weight should be
placed.
3. Focus on weighing government and
private interest.
HECKLER'S VETO
It involves situations 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, No.
06-3108, 2008).
In Feiner v. New York (340 US 315, 951), petitioner was
neither arrested nor convicted for the making of the speech
or the content of his speech, but for the reaction which it
actually engendered. The Court held that the police cannot
be used as an instrument for the suppression of unpopular
views; but, when a speaker passes the bounds of
argument or persuasion and undertakes incitement to riot,
the police are not powerless to prwient a breach of the
peace. I v. Bagatsing, G.R. No. L-65366, 1983).
speech and free press and is equally fundamental.
(Bernas, The 1987 Philippine Constitution: A
Comprehensive Reviewer, 2011, citing de Jonge v.
Oregon).
"Assembly"
Means a right on the part of the citizens to meet peaceably
for consultation in respect to public affairs. It is a necessary
consequence of our republican institution and
complements the right of speech. As in the case of
freedom of expression, this right is not to be limited, much
less denied, except on a showing of a clear and present
danger of a substantive evil that Congress has a right to
prevent. In other words, like other rights embraced in the
freedom of expression, the right to assemble is not subject
to previous restraint or censorship. It may not be
conditioned upon the prior issuance of a permit or
authorization from the government authorities except, of
course, if the assembly is intended to be held in a public
place, a permit for the use of such place, and not for the
assembly itself, may be validly required. (David v. Arroyo,
G.R. No. 171396, 2006).
The standards for allowable impairment of speech and
press also apply to the right of assembly and petition.
Rules on Assembly in Public Place
1. Applicant should inform the licensing authority of the
date, the public place where and the time when the
assembly will take place.
2. The application should be filed ahead of time to enable
the public official concerned to appraise whether there
are valid objections to the grant of the permit or to its
grant, but in another public place. The grant or refusal
should be based on the application of the Clear and
Present danger test.
3. If the public authority is of the view that there is an
imminent and grave danger of a substantive evil, the
applicants must be heard on the matter.
4. The decision of the public authority, whether favorable
or adverse, must be transmitted to the applicants at the
earliest opportunity so that they may, if they so desire,
have recourse to the proper judicial authority. (Reyes

The Right of Assembly and Petition General Rule: Permit is necessary to assemble in a
Concept public space.
The right of petition is the primary right, the right peaceably
to assemble a subordinate and instrumental right, as if the Exception: No permit is necessary when: (PCF)
provision read: "The right of the people peaceable to 1. Private place;
assemble" in order to "petition the government". The right 2. Campus of government school;
3. Freedom park.
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FREEDOM OF RELIGION
Rule on Assembly in Private Places -
Only the consent of the owner of the property or person No law shall be made respecting an establishment of
entitled to possession thereof is required! religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and
B.P. 880 or the Public Assembly Act of 1985 worship, without discrimination or preference, shall forever
Sets forth the requirements and procedure which are be allowed. No religious test shall be required for the
necessary to regulate the time, place and manner of public exercise of civil or political rights. (Phil. Const., art. 3, § 5).
assemblies. It is a content-neutral legislation. It refers to all
kinds of public assemblies that would use public places. Freedom of Religion includes:
The reference to "lawful cause" doles not make it content- 1. Non-establishment clause
based because assemblies really have to be for lawful 2. Free exercise clause
causes; otherwise they would not be `'peaceable" and
entitled to protection. Non-Establishment Clause and Free Exercise Clause
NON-ESTABLISHMENT • FREE EXERCISE
The Calibrated Preemptive Response (CPR) - CLAUSE • CLAUSE
issued in lieu of the "Maximum Tolerance" for the
protection and benefit of all rallyistS and iS independent of 1. Does not depend 1. In order to
the content of the expressions in the rally. pon any showing of direct show a violation of
overnmental compulsion. this clause, the
The existence of freedom parks is an essential part of the person affected
law's system of regulation of the people's 'exercise of their 2. It is violated by the must show the
right to peacefully assemble and petition., No prior permit nactment of laws which coercive effect of
may be required for the exercise of such right in any public stablish an official religion the legislation as it
park or plaza of a city or municipality Until that city or hether those 'laws operate operates against
municipality shall have established or designated such rectly to coerce non- him in the practice
freedom parks. For without such alternative forum, to deny bserving individuals or not. of his religion.
the permit would in effect be to deny the right. Advance
notices should, however, be giveu to the authorities to 2. While the
ensure proper coordination and orderly prOceeding. non-establishment
clause is absolute,
The use of the term CPR should be discontinued, since it the moment such
does not mean anything other than the maximum tolerance belief flows over
policy set forth in B.P. 880. (Bayan v. Ermita, G.R. No. into action, it
169838, 2006). becomes subject to
government
The Mayor possesses "reasonable discretion to determine regulation.
or specify streets or public places to be used for the
assembly in order to secure convenient use thereof by NON-ESTABLISHMENT CLAUSE
others and provide adequate and proper policing to
minimize the risks of disorder and maintain public safety Concept and basis
and order." (Navarro v. Villegas, G.R. No. L-31687, 1970). There is substantial agreement on the values non-
establishment seeks to protect:
Demonstrations, rallies, and other similar activities within a 1. Voluntarism - the growth of a religious sect as a social
radius of 200 meters from the o6ter boundary of the force .must come from the voluntary support of its
Supreme Court Building, any Hall of Justice, and any other members because of the belief that both spiritual and
building that houses at least one court sale are prohibited secular society will benefit if religions are allowed to
(In re: Petition to Annul 98-7-02 SC). compete on their own intrinsic merit without benefit of
official patronage and,
UNPROTECTED SPEECH — See d scussion on Content- 2. Insulation of the political process from interfaith
based and Content-Neutral Regulat ons. dissension. (Bernas, The 1987 Philippine Constitution:
A Comprehensive Reviewer, 2011).

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The Constitution does not authorize the appropriation,
use, or application of public money for the use, benefit, or
support of a particular sect or church (Aglipay v. Ruiz, 64
Phil. 201).
The non-establishment clause was intended to afford
protection from sponsorship, financial support, and active
involvement of the sovereign in relig ous activity. (Lemon
v. Kurtzman, 403 U.S. 602, 1971).
The government should be neutral. The State cannot
forbid the exercise of religious functions and aid in the
performance of the same. Legislation requiring the
ceremonial reading from the Bible and reciting The Lord's
Prayer before class is clearly an exercise of religion and
to require the same would violate the rights of the
students. But the US SC also held that objective study of
the Bible for academic purposes, such as for its historic or
literary qualities, may be part of the durriculUm as a
secular activity. (School District v. Schempd, 374 U.S.
203, 1963).
The holding of Catholic masses at the basement of the
QC Hall of Justice is not a case of establishment, but
merely accommodation.
1. There is no law, ordinance or c rcular issued by any
duly constitutive authorities expressly mandating that
judiciary employees attend the Catholic masses at the
basement.
2. When judiciary employees attend the masses to
profess their faith, it is at their own initiative, without
any coercion from the judges or administrative officers.
3. No government funds are being spent because the
lightings and air conditioning continue to be
operational even if there are no religious rituals there.
4. The basement has neither been converted into a
Roman Catholic chapel nor has it been permanently
appropriated for the exclusive use of its faithful.
5. The allowance of the masses has not prejudiced other
religions
6. In no case shall a particular part of a public building be
a permanent place for worship for the benefit of any
and all religious groups. There shall; also be no
permanent display of religious cons in all halls of
justice in the country. In case of religious rituals,
religious icons and images may be displayed but their
presentation is limited only during the celebration of
such activities. After any religious' affair, the icons and
images shall be hidden or concealed from public view.
(Re: Letter of Tony Valenciano, 2017)
Page 115 of 320
POLITICAL LAW
Acts Permitted and Not Permitted
Non-establishment clause requires government neutrality
in all religious matters. The following acts are proscribed
because such preference would violate voluntarism and
breed dissension:
1. Government must not prefer one religion over another
or religion over irreligion
2. Government funds must not be applied to religious
purposes for the same reason
3. Government action must not aid religion for the same
reason
4. Government action must not result in excessive
entanglement with religion (Bernas, The 1987
Constitution of the Republic of the Philippines, 2009).
Aglipay of the Philippine Independent Church sought to
prohibit the issuance and sale of such stamps
commemorating a Catholic Eucharistic Congress for
violating the command that no public money should be
appropriated to support any system of religion. The SC
held that the statute contemplates no religious purpose.
The stamps were not sold for the benefit of the Catholic
Church, but merely to advertise the Philippines as the seat
of the Eucharistic Congress. Thus, the resulting
propaganda possibly in favor of the Catholic Church is
merely incidental and should not frustrate the main
purpose of the law, which is to generate profit and boost
tourism. (Aglipay v. Ruiz, G.R. No. L-45459, 1937).
Government programs that neutrally provide benefits to a
broad class of citizens and without reference to religion do
not violate the non-establishment clause, as when
government furnishes a disabled child enrolled in a
sectarian school with a sign language interpreter to
facilitate his education because the service is part of a
general government program that neutrally distributes
benefits to any child qualifying as disabled under the IDEA,
without regard to the sectarian or non-sectarian or public
or non-public nature of the school the child attends. Neither
does the IDEA create a financial incentive for parents to
choose a sectarian school. Most cases, where
governmental aids were struck down, challenged
programs which gave direct grants of government aid,
relieving sectarian schools of costs they otherwise would
have borne. In this case, the child is the primary beneficiary
and whatever benefits that may accrue to the school is
merely incidental. (Zobrest, et al. v. Catalina Foothills
School District, 509 U.S. 1, 1993)
ATENEO CENTRAL
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Tests
1. Abington v. Schempp test requires that the statute
should have: (SP)
1. A Secular legislative purpose
2. Primary effect of which neither advances nor inhibits
religion.
If the purpose and primary effect s the advancement or
inhibition of religion, then the enactment exceeds the
scope of legislative power as circumscribed by the
constitution. (Bernas, The 1987 Constitution of the
Republic of the Philippines, 352, 2009).
2. Lemon v. KurtzmanItest developed 3 requisites for
statutes to be consistent with the non-establishment
clause: (SNF)
1. The statute must have a Secular legislative purpose
2. The principal effect of the statute must Neither
advance nor inhibit religion
3. The statute must not Foster excessiVe entanglement
of the government with religion (regarding government
aid).
To determine excessive entanglement, the following
must be taken into consideration':
1. The character and purposes of the benefitted
institutions,
2. The nature of the aid that the S ate provides,
3. •The resulting relationship between the government
and religion (Agostini, et al. v. Felton et al, 521 U.S.
203117, 1997).
3. Mitchell v. Helms (530 U.S. 793, June 28, 2000) found
that the primary criteria to determine if governmental
aid has the effect of advancing religion:,
1. If the aid results in governmental indoctrination, i.e.,
whether or not the governmental' aid program
subsidizes religion
2. If the aid defines its recipients by reference to religion
3. If the aid creates an excessive entanglement
The US SC further held that under the neutrality principle,
aid that is offered to a broad range of groups or persons
without regard to religion are valid. 9ne way to assure the
said neutrality is through the princ pie of ]private choice,
wherein the government is not considered to have
provided any support of religion when aid to schools, even
if direct, is a) neutrally available and b) before reaching or
benefitting any religious school, first passes through the
hands of numerous private citizens who are free to direct
the aid elsewhere. (Mitchell v. Helms, 530 US 793, 2000)
Page 116 of 320
POLITICAL LAW
FREE EXERCISE CLAUSE
It embraces two concepts:
1. freedom to believe (absolute) and
2. freedom to act on one's belief (may be regulated by
the state).
The absolute freedom to believe carries with it the corollary
that the government, while it may look into the good faith
of a person, cannot inquire into a person's religious
pretensions. The moment however, belief flows over into
action, it becomes subject to government regulation.
(Bemas, The 1987 Philippine Constitution: -A
Comprehensive Reviewer, 2011).
Benevolent Neutrality
The Constitution adheres to the benevolent neutrality
approach that gives room for accommodation of religious
exercises as required by the Free Exercise Clause.
Although morality contemplated in laws is secular,
benevolent neutrality could allow for accommodation of
morality based on religion, provided it does not offend
compelling state interests (Estrada v. Escritor A.M. No. P-
02-1651, 2006).
Legislation whose effect or purpose is to impede the
observance of one or all religions
Any legislation whose effect or purpose is to impede the
observance of one or all religions, -or to discriminate
invidiously between the religions, is invalid, even though
the burden may be characterized as being only indirect.
But if the State regulates conduct by enacting, within its
power, a general law which has for its purpose and effect
to advance the states secular goals, the statute is valid
despite its indirect burden on religious observance, unless
the state can accomplish its purpose without imposing
such burden (Victoriano v. Elizalde Rope Workers' Union,
G.R. No. L-25246, 1974)
Although the State may not, by statute, wholly deny the
right to preach or disseminate religious views, it may, by
non-discriminatory legislation, regulate the times, the
places, and the manner of soliciting upon its streets.
(Cantwell v. Connecticut, 310 U.S. 296, 1940).
A law advancing a legitimate governmental interest is not
necessarily invalid as one interfering with the free exercise
of religion merely because it also has an incidental and
detrimental effect on the same. (Centeno v. Villalon-
Pornillos, G.R. No. 113092, 1994).
 ATENEO CENTRAL
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The government cannot certify food as halal — only the
religion can do this. (Islamic Da'wah Council of the
Philippines, Inc. v. Office of the Secretary, G.R. No.
153888, 2003).
The non-establishment clause calls for government
neutrality in all religious matters and governmental reliance
on religious justification is prohibited. Recognizing the
religious nature of the Filipinos and the elevating influence
of religion in society, the Philippine Constitution's religion
clauses prescribe a benevolent neutrality and not a strict
one. Benevolent neutrality recognizes that the government
must pursue its secular goals and interests, but at the
same time, strive to uphold religious liberty to the greatest
extent possible within flexible constitutional limits. Law-
based morality is secular, but benevolent neutrality could
allow for accommodation of re igion-based morality,
provided that doing so would not offend compelling state
interests. (Ang Ladlad v. COMELEC, G.R. No. 190582,
2010).
State-sponsored distribution of contraceptives
under the RH Law does not violate the guarantee of
religious freedom.
Matters dealing with "faith, practice, doctrine, form of
worship, ecclesiastical law, custom and rule of a church ...
are unquestionably ecclesiastical matters which are
outside the province of the civil courts." The jurisdiction of
the Court extends only to public and secular morality.
Stated otherwise, while the Court stands without authority
to rule on ecclesiastical matters, as vanguard, of the
Constitution, it does have authority to determine whether
the RH Law contravenes the guarantee of religious
freedom.
While the Constitution prohibits abortion, laws were
enacted allowing the use of contraceptiVes. To some
medical practitioners, however, the whole idea of using
contraceptives is an anathema. Consistent with the
principle of benevolent neutrality, their beliefs should be
respected.
In the same breath that the establishment clause restricts
what the government can do with religion, it also limits what
religious sects can or cannot do with the government. They
can neither cause the government to adopt their particular
doctrines as policy for everyone, nor can they not cause
the government to restrict other groups. To go so, in simple
terms, would cause the State to adhere to a particular
religion and, thus, establishing a state religion.
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However, the RH Law violates the guarantee of religious
freedom by compelling medical health practitioners,
hospitals, and health care providers, under pain of penalty,
to refer patients to other institutions despite their
conscientious objections.
The Court is of the view that the obligation to refer imposed
by the RH Law violates the religious belief and conviction
of a conscientious objector. Once the medical practitioner,
against his will, refers a patient seeking information on
modem reproductive health products, services,
procedures and methods, his conscience is immediately
burdened as he has been compelled to perform an act
against his beliefs. As Commissioner Joaquin A. Bemas
has written, "at the basis of the free exercise clause is the
respect for the inviolability of the human conscience."
(Imbong v. Ochoa, G.R. No. 204819, 2014).
The Supreme Court denied the motion to lift the TRO and
upheld the TRO it previously issued in June 2015 which
barred the Department of Health (DOH) from acquiring and
distributing contraceptive products Implanon and Implanon
NXT and ordered the FDA to determine whether the
aforementioned drugs are safe and non-abortifacients.
(Alliance for the Family Foundation, Philippines, Inc.
(ALF!), et al. v. Hon. Janette L. Garin, et al., G.R. No.
217872, 2016)
TESTS
1; Clear and Present Danger Test
The only justification for a restraint or limitation upon
religious freedom is the presence of a clear and present
danger of a substantive evil to public safety, peace, or
order. The State has a right to prevent and punish activities
that would incite violence and breach the peace in order to
protect others of their equal right to exercise their liberties.
(Cantwell v. Connecticut 310 U.S. 296, 1940; also
discussed in Ebralinag v. Superintendent, G.R. No. 95770,
1993).
2. Benevolent Neutrality - Compelling State Interest
Test
Government actions that substantially burden a religious
practice must be justified by a compelling governmental
interest (Employment Division v. Smith, 494 U.S. 872,
1990).
Using the compelling state interest test from a
benevolent neutrality stance
The state has the burden to justify any possible sanction.
This step involves three steps: (SPL)
ATENEO CENTRAL
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1. The courts should look into the Sincerity of the
religious belief without inquiring into the truth of the
belief
2. The State has to establish that its Purposes are
legitimate and compelling
3. The State used the Least intrusive means possible
In the above circumstances, the State undertakes the
burden of presenting evidence of its compelling interest to
override respondent's religious be ief. Further, the State
has to show that the means it has adopted in pursuing the
said interest is the least restrictive to respondent's
freedom. (Estrada v. Escritor, A.M. No. P-02-1651, 2003).
The free exercise of religion enjoys a preferred position in
the hierarchy of rights. The State's broad interest in
protecting the institutions of marriage and the family is not
a compelling interest enforcing the 'concubinage charges.
(Estrada v. Escritor, A.M. No. P-02-1651, 2003).
The free exercise clause does not relieve one of the
obligation to comply with a law that incidentally forbids (or
requires) the performance of an act that his religious belief
requires (or forbids):
A. If the law is not specifically directed to religious
practice
B. If the law is constitutional as applied to those who
engage in the specified act for non-religious purposes
If the law is not specifically directed to religious practice
and is applied equally to all, regardless of whether they do
the act for religious or non-religious purposes, it does not
offend the free exercise clause. The balancing of interests
test, whereby government actions that substantially
burden a religious practice must be justified by a
compelling governmental interest, is inapplicable to an
across-the-board criminal prohibition of a particular form of
conduct. Otherwise, this would create an extraordinary
right to ignore general laws in the name of religion for as
long as no compelling State interest intervenes.
(Employment Division v. Smith, 494 U.S. 872, 1990).
The US SC held that under the free exercise clause, a law
that burdens religious ,practice neec not be justified by a
compelling governmental interest, if it is a) neutral and b)
of general applicability. However, when the law is not
neutral or not of general application, the same must
undergo the most rigorous of scrutiny: 1) It must be justified
by a compelling governmental •interest 2) It must be
narrowly tailored to advance :the sa d interest (Church of
The Lukumi Babalu Aye, Inc., et al. v City Of Hialeah, 508
U.S. 520, 1993).
Page 118 of 320
POLITICAL LAW
3. Conscientious Objector Test
A person who for moral or religious reasons is opposed to
participating in any war, and who may be excused from
military conscription but remains subject to service in civil
work for the nation's health, safety or interest. (Black's Law
Dictionary, 9th ed).
Escritor was the court interpreter at the RTC of Las Pinas.
A complaint for disgraceful and immoral conduct under the
Revised Administrative Code was filed against ,Escritor
because of living with a man not her husband. As a
defense, she asserted that this conjugal arrangement was
in conformity with her religious congregation which was the
Jehovah's witnesses. In discussing the Free Exercise
Clause, the court tackled United States v. Seeger, which
involved four men who claimed "conscientious objector"
status in refusing to serve in the Vietnam War. One of the
four, Seeger, was not a member of any organized religion
opposed to war, but when specifically asked about his
belief in a Supreme Being, Seeger stated that "you could
call (it) a belief in a Supreme Being or God. These just do
not happen to be the words that I use." Forest Peter,
another one of the four claimed that after considerable
meditation and reflection "on values derived from the
Western religious and philosophical tradition," he
determined that it would be "a violation of his moral code
to take human life and that he considered this belief
superior to any obligation to the state." The Court avoided
a constitutional question by broadly interpreting not the
Free Exercise Clause, but the statutory definition of religion
in the Universal Military Training and Service Act of 1940
which exempt from combat anyone "who, by reason of
religious training and belief, is conscientiously opposed to
participation in war in any form," (Estrada v. Escritor A.M.
No. P-02-1651, 2006. See also Gerona v. Secretary of
Education, G.R. No. L-13954, 1959).
Conscientious Objection to Military Service
As seen in U.S. v. Seeger, supra, it may also be used as a
ground for exemption from compulsory military service. It
also includes those with a sincere and meaningful belief
which occupies in the life of its possessor a place parallel
to that filled by the God of those admittedly qualifying for
the exemption.
Other Doctrines
To allow the Muslim employees in the Judiciary to be
excused from work from 10:00 a.m. to 2:00 p.m. every
Friday during the entire calendar year would mean a
diminution of the prescribed government working hours.
The performance of religious practices should not
prejudice the court and the public. The remedy of the
Muslim employees, with respect to their request to be
ATENEO CENTRAL
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excused from work is legislative. (Re: Request of Muslim
Employees in Different Courts in I igan City (Re: Office
Hours) A.M. No. 02-2-10-SC, 2005).
Where the complete separation of civil and ecclesiastical
authority is insisted upon, the civil courts Must not unduly
intrude in matters of an ecclesiastical] nature. The
excommunication of members of a religious 'organization is
a matter best left to the discretion of the officials, laws, and
canons of the said organization. It is not for the courts to
exercise control over Church authorities in the
performance of their discretionary and official functions. In
disputes involving religious institutions, one area that
courts should not touch is doctr nal arid disciplinary
differences. The power of excluding from the church those
allegedly unworthy of membership is unquestionably an
ecclesiastical matter that is outside the province of civil
courts. (Taruc v. Bishop, G.R. No. 11-4801, 2005).
A case involving a minister who failed to account for funds
and was dismissed is not an ecclesiastical affair since it did
not involve doctrines or religious teachings. (Austria v.
NLRC, G.R. No. 124382, 1999).
Other Constitutional Provisions Expressing Non-
Establishment
1. Art VI, Sec 29— no public money or property given to
religious sect, minister or religious personnel (except
for those assigned to Army, penal institution,
government orphanage or leprosarium)
2. Art II, Sec 6 — Separation of church and State is
inviolable
3. Art IX-C, Sec 2(5) — No religious sects can be
registered as political parties
Constitutional Exceptions to Non-Establishment
Clause
1. Art VI, Sec. 28(3) — charitable institutions, churches,
etc., and all lands, buildings, improvements actually,
directly and exclusively used for religious, charitable,
or educational purposes exempt from taxation
2. Art VI, Sec. 1(2) — Cited above': the Armed Forces,
penal institution, government orphanage or
leprosarium
3. Art XIV, Sec 3(3) — At the option in writing of parents
or guardians, religion can be taught in public
elementary and HS within regular class hours
4. Art XIV, Sec 4(2) — usually there is citizenship
requirement for ownership of educational institutions
(60%), but not for those esta ished, by religious
groups and mission boards
Page 119 of. 320
POLITICAL LAW
LIBERTY OF ABODE AND
FREEDOM OF MOVEMENT
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. (1987
Const, art. 3, §6)
LIMITATIONS
CONDITIONS FOR VALID
RIGHT
CURTAILMENT
Liberty of • Lawful order of the court; and
abode • Within the limits prescribed by law.
• Lawful order of the court; or
• May only be done on the basis of the
Right to
interest of national security, public
travel
safety, or public health
• Must be provided by law.
Rights Guaranteed
1. Freedom to choose and change one's place of abode
2. Freedom to travel within the country and outside
The UDHR and ICCPR treat the right to freedom of
movement and abode within the territory of a state, the
right to leave a country, and the right to enter one's country
as separate and distinct rights. The Declaration speaks of
the "right to freedom of movement and residence within the
borders of each state". It would therefore be inappropriate
to construe the limitations to the right to return to one's
country in the same context as those pertaining to the
liberty of abode and the right to travel. (Marcos v.
Manglapus, G.R. No. 88211, 1989).
The Mayor of a municipality does not have the right to force
citizens of the Philippines to change their domicile from
one locality to another, even if they are considered women
of "ill repute." (Villavicencio v. Lukban, G.R. No. L- 14639,
1919).
RIGHT TO TRAVEL
(a) Watch-Lists and Hold Departure Orders
A person facing criminal charges may be restrained by the
Court from leaving the country or, if abroad, compelled to
return. Article III, Section 6 of the 1987 Constitution should
be interpreted to mean that while the liberty of travel may
be impaired even without Court Order, the appropriate
executive officers or administrative authorities are not
armed with arbitrary discretion to impose limitations. They
ATENEO CENTRAL
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can impose limits only on the basis of "national security,
public safety, or public health" and "as may be provided by
law," a limiting phrase which did not appear in the 1973
text. Article III, Section 6 of the 1987 Constitution should
by no means be construed as delimiting the inherent power
of the Courts to use all means necessary to carry their
orders into effect in criminal cases pending before them.
When by law jurisdiction is conferred on a Court or judicial
officer, all auxiliary writs, process and other means
necessary to carry it into effect may be employed by such
Court or officer. Petitioner is facing a criminal charge. He
has posted bail but has violated the conditions thereof by
failing to appear before the Court when required. Warrants
for his arrest have been issued. Those orders and
processes would be rendered nugatory if an accused were
to be allowed to leave or to remain, at his Pleasure, outside
the territorial confines of the country. Holding an accused
in a criminal case within the reach of the Courts by
preventing his departure from the Philippines must be
considered as a valid restriction on his right to travel so that
he may be dealt with in accordance with law. The offended
party in any criminal proceeding is the People of the
Philippines. It is to their best interest that criminal
prosecutions should run their course and proceed to finality
without undue delay, with an aCcusedlholding himself
amenable at all times to Court Orders and processes.
(Silverio v. CA, G.R. No. 94284, 1991).
Department Circular No. 41 was bereft of legal basis
because of the absence of a law authorizing the Secretary
of Justice to issue Hold Departure Orders (HDO), Watch
List Orders (WLO), or Allow Departure Order (ADO). The
issuance of DOJ Circular No. 41, without a law to justify its
action, is an unauthorized act of the DOJ of empowering
itself under the pretext of dire exigency or urgent necessity
(Genuino v. De Lima, G.R. No. 197930, 2018).
RETURN TO ONE'S COUNTRY
The right to return to one's own country guaranteed under
International Law is separate and diatinct from the
constitutional right to liberty of abode and travel. The Bill of
Rights makes no mention of the right to return to one's own
country. Such guarantees are not inflexible and may be
subject to limitation should the paramount national interest
so require. The President possesses residual powers
inherent in her duty to protect the general welfare. The
extent of 'her powers is not limited to those expressly
conferred by the Constitution. (Marcos v. Manglapus, G.R.
No. 88211, 1989).
Page 120 of 320
POLITICAL LAW
RIGHT TO INFORMATION
The right of the people to information on matters of public
concern shall,be recognized. (Phil. Const., art. 3, § 7).
LIMITATIONS
Rights Guaranteed
1. Right to information on matters ofpublic concern
2. Right of access to official records and documents
The people have the right to information on matters of
public concern, and access to official records shall be
allowed to citizens as may be provided by law. It is a self-
executing provision. The right to information is a public
right — and every citizen is entitled thereto. Civil service
eligibility is a matter of public concern; there is nothing
secret about it. (Legaspi v. CSC, G.R. No. L-72119, 1987).
Although citizens are afforded the right to information and,
pursuant thereto, areentitled to "access to official records,"
the Constitution does not accord them a right to compel
custodians of official records to prepare lists, abstracts,
summaries and the like in their desire to acquire
information on matters of public concern. Only access to
the records is permitted. Otherwise, they would unduly
burden the agencies with the preparation of their requested
lists or summaries. (Valmonte v. Belmonte, G.R. No.
74930, 1989).
Limitations
The government has discretion with respect to the
authority to determine what matters are of public concern
and the authority to determine the manner of access to
them.
A distinction has to be made between the discretion to
refuse outright the disclosure of or access to a particular
information and the authority to regulate the manner in
which the access is to be afforded.
• The first is a limitation upon the availability of
access to the information sought, which only the
Legislature may impose.
• The second pertains to the government agency
charged with the custody of public records.
Its authority to regulate access is to be exercised solely to
the end that damage to, or loss of, public records may be
avoided, undue interference with the duties of said
agencies may be prevented, and more importantly, that the
exercise of the same constitutional right by other persons
shall be assured.
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While the manner of examining p blic records may be
subject to reasonable regulation by the government
agency in custody thereof, the duty, to disclose the
information of public concern, and to afford access to
public records cannot be discretionary on the part of said
agencies. Certainly, its performance cannot be made
contingent upon the discretion of such agencies. (Legaspi
v. CSC, G.R. No. L-72119, 1987).
In every case, the availability of access to a particular
public record must be circumscribed by the nature of the
information sought, i.e.,
(a) Being of public concern or one that involves public
interest, and,
(b) Not being exempted by law from the operation of the
constitutional guarantee.
The threshold question is, therefore whether or not the
information sought is of public interest or public
concern. In determining whether or not a particular
information is of public concern there is no rigid test which
can be applied. "Public concern" like "public interest" is a
term that eludes exact definition. Both terms embrace a
broad spectrum of subjects which the public may want to
know, either because these directly affect their lives, or
simply because such matters naturally arouse the interest
of an ordinary citizen. In the final analysis, it is for the courts
to determine on a case by case basis whether the matter
at issue is of interest or importance, as it relates to or
affects the public. (Legaspi v. CSC, G.R. I No. L-72119,
1987).
Exceptions (BENT DISC)
1. Banking transactions
2. Executive Sessions
3. National Security matters
4. Trade secrets
5. Diplomatic correspondence
6. Intelligence information
7. Supreme Court deliberations
8. Closed Door cabinet meetings
There are certain classes of information which may be
withheld from the public and even from Congress. These
are national security matters or confidential diplomatic
matters, trade secrets and banking transactions, the
identity of informants in criminal investigations, confidential
or classified matters which come to the knowledge of
public officials by reason of their office. (Chavez v. PCGG,
G.R. No 130716, 1998).
Page 121 of 32G
POLITICAL LAW
The chemical composition of special lubricants is a trade
secret. The ingredients constitute the very fabric of the
company's business. To compel its disclosure is to cripple
their business and to place it at an undue disadvantage.
Trade secrets should receive greater protection from
discovery because they deserve economic value from
being generally unknown and not readily ascertainable by
the public. (Air Philippines v. Pennswell, Inc, G.R. No.
172835, 2007).
The COMELEC may not deny a request to disclose the
names of the nominees of participating party-lists in an
election. The COMELEC may not show the names of the
nominees in the "Certified List." However, nothing in RA
7941 prohibits the COMELEC from disclosing or even
publishing through mediums other than the "Certified List."
The identity of candidates for an elective office is a matter
of public interest. (Bantay Republic Act or BA-RA 7941 v.
COMELEC, G.R. No. 177271, 2007).
It is always necessary, given the highly important and
complex powers to fix tariff rates vested in the president,
that recommendations submitted for the President's
consideration be well-thought out and well-deliberated.
The Court has expressly recognized in Chavez v. Public
Estates Authority that "a frank exchange of exploratory
ideas and assessments, free from the glare of publicity and
pressure by interested parties, is essential to protect the
independence of decision-making of those tasked to
exercise Presidential, Legislative and Judicial power."
In Almonte v. Vasquez the Court has stressed the need for
confidentiality and privacy, stating thusly; "A President and
those who assist him must be free to explore alternatives
in the process of shaping policies and making decisions
and to do so in a way many would be unwilling to express
except privately." Without doubt, therefore, ensuring and
promoting the free exchange of ideas among the members
of the committee tasked to give tariff recommendations to
the President were truly imperative. (Sereno v. Committee
on Trade and Related Matters of the National Economic
and Development Authority, G.R. No. 175210, 2016).
It is the general policy of the State to adopt full public
disclosure of all transactions involving matters of public
interest. The very existence of the MTRCB is public in
nature — thus, there can be no valid claim to privacy. The
decisions of the board are made in the exercise of public
functions; hence they assume a public character. The right
to privacy belongs to the individual acting in his private
capacity and not to a governmental agency or officers
tasked with, and acting in, the discharge of public duties.
As a matter of public right, access to information or official
ATENEO CENTRAL
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records cannot be made dependent upon the discretion of
the agency involved, unless the law itself provides
otherwise. (Aquino-Sarmiento v. Morato, G.R. No. 92541,
1991).
PUBLICATION OF LAWS AND REGULATIONS
The very first clause of Section I of Commonwealth Act 638
reads: "There shall be published in the Official Gazette..."
The word "shall" used therein imposes upon respondent
officials an imperative duty. That duty must be enforced if
the Constitutional right of the people to be informed on
matters of public concern is to be given substance and
reality. The law itself makes a list of what should be
published in the Official Gazette. It 's needless to add that
the publication of presidential issuances "of a public
nature" or "of general applicability" is a requirement Of due
process.
It is a rule of law that before a person may be bound by
law, he must first be officially and specifically informed of
its contents. Publication is necessary to apprise the,public
of the contents of [penal] regulations and make the said
penalties binding on the persons affected thereby. (Tanada
v. Tuvera, G.R. No. L-63915, 1985). ! Requisites:
ACCESS TO COURT RECORDS
Pleadings and other documents filed by the parties are not
matters of public concern or intei-est. Access to court
records may be permitted at the discretion and subject to
the supervisory and protective poWers of the court. Only
those-who are "interested persons" who have a legitimate
reason for accessing the records may ask the courts to
access pleadings. (Hilado v. Judge Reyes, G.R. No.
163155, 2006).
Limitation on access to court recorde coverts other matters
in connection with the transaction Of any official business
by the court, and includes all evidence it has received in a
case. In determining whether a particular information is of
public concern, there is no right test In the final analysis,
it is for the courts to determine on la case to case basis
I
whether the matter at issue is of interest or importance as
it relates to or affect the public. (Hiiado v. Judge Reyes,
G.R. No. 163155, 2006).
Court deliberations are traditionally recognized as
privileged communications (deliberative process
privilege). This privilege may be inoked by judges and
also by court officials and employees who are privy to
these deliberations. It is understood that the rule extends
to documents and other communications which are part of
or are related to the deliberative procese. However, to
Page 122 of 320
POLITICAL LAW
invoke the privilege, there must be a showing that the
document is both predecisional and deliberative. Court
records which can be shown to possess both these
qualities cannot be the subject of subpoena. (In Re:
Production of Court Records and Documents and the
Attendance of Court officials and employees as witnesses
under the subpoenas of Feb 10,2012 and the various
letters for the 'Impeachment Prosecution Panel dated Jan
19 and 25, 2012, 2012).
A. Predecisional — refers to communications made in the
attempt to reach a final conclusion
B. Deliberative — refers to information whose disclosure
would discourage candid discussion within the agency
Presidential Communications Privilege
Applies to decision-making of the President; rooted in the
constitutional principle of separation of power and the
President's unique constitutional role; applies to
documents in their entirety, and covers final and post-
decisional materials as well as pre-deliberative ones;
meant to encompass only those functions that form the
core of presidential authority.
1. The communications relate to a "quintessential and
non-delegable power" of the President
2. The communications are "received" by a close advisor
of the President.
3. There is no adequate showing of a compelling need
that would justify the limitation of the privilege and of
the unavailability of the information elsewhere by an
appropriate investigating authority. (Neri v. Senate
Committee, G.R. No. 180643, 2008).
RIGHT TO INFORMATION RELATIVE TO:
(a) Government contract negotiations
(See: Chavez v. PCGG under Right to Information)
(b) Diplomatic negotiations - It is clear that while the final
text of the JPEPA may not be kept perpetually confidential
— since there should be "ample opportunity for discussion
before a treaty is approved" — the offers exchanged by the
parties during the negotiations continue to be privileged
even after the JPEPA is published. It is reasonable to
conclude that the Japanese representatives submitted
their offers with the understanding that "historic
confidentiality" would govern the same. Disclosing these
offers could impair the ability of the Philippines to deal not
only with Japan but with other foreign governments in
future negotiations. (Akbayan v. Aquino, G.R. No. 170516,
2008).
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Chavez seeks to compel the Public Estates Authority to
disclose information regarding its negotiations with
potential holders of the said estates even prior to final
agreement. The PEA refuses to disclose the information
claiming that the right to information does nqt include intra-
agency communications and recommendations. Chavez
filed a case to compel the PEA to divulge the same. The
Court held that while evaluations and reviews are on-
going, there are still no official acts, transactions, or
decisions. However, the moment the committee makes its
"official recommendation," there is now a definite
proposition, and the right to information begins to attach. It
does not require that the contracts be consummated first
before the right to information to be invoked. (Chavez v.
Public Estates Authority, G.R. No. 133250, 2002).
Information regarding negotiations for treaties and
executive agreements prior to conclusion of the
agreement is privileged information. (Senate v. Ermita,
G.R. No. 169777, 2006).
An office who gave out information has no obligation to
give a summary of such information. (Valmonte v.
Belmonte, G.R. No. 74930, 1989).
The right to information is paramount, and that the
wiretapping issue is subservient to his right. The "Hello
Garci" tapes should be played, because prohibiting its
airing would be prior restraint.
Other Constitutional provisions related to right to
information
Article II, Sec 28 - Subject to reasonable conditions
prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions
involving public interest.
Other Types of Information
According to the case of Chavez v. PEA, G.R. No. 133250,
2002, the right to information also does not cover the
following:
1. Matters recognized as privileged information under
the separation of powers;
2. information on military and diplomatic secrets
i jurisdiction is that employees in the public service may not
3. Information affecting national security;
4. Information on investigations of crimes by law
enforcement agencies before the prosecution of the
accused.
The right may also be subject to other limitations that
Congress may impose by law (Chavez v. PEA, supra)-.
Page 123 of 320
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RIGHT TO ASSOCIATION
The right of the people, including those employed in the
public and private sectors, to form unions, associations, or
societies for purposes not contrary to law, shall not be
abridged. (Phil. Const., art. 3, § 8)
• The right to form associations shall not be impaired
without due process of law and is thus an aspect of the
right of liberty. (Bemas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 2011).
• It is also an aspect of the freedom of contract. In
addition, insofar as the associations may have for their
object the advancement of beliefs and ideas, the
freedom of association is an aspect of the freedom of
speech and expression, subject to the same limitation.
(Bemas, The 1987 Philippine Constitution: A
Comprehensive Reviewer, 2011).
• The right also covers the right not to join an association.
(Bernas, The 1987 Philippine Constitution: A
Comprehensive Reviewer, 2011).
• The right to unionize or to form organizations is now
explicitly recognized and granted to employees in both
the governmental and the private sectors. Specifically
with respect to government employees, the right to
unionize is recognized in Paragraph (5), Section 2,
Article IX-B which provides that "(t)he right to self-
organization shall not be denied to government
employees."(TUCP v. NHC, G.R. No. L-49677, 1989).
General Rule (Public v. Private Employees):
The right to strike is not essential to the right of
association. To grant employees of the public sector the
right to strike, there must be a clear and direct legislative
authority therefor. In the absence of any express legislation
allowing government employees to strike, recognizing their
right to do so, or regulating the exercise of the right,
employees in the public service may not engage in strikes,
walkouts and temporary work stoppages like workers in the
private sector. (Bangalisan v. CA, G.R. No. 124678, 1997).
In cases of CSC employees (e.g., SSS):
It is relevant to state at this point that the settled rule in this
engage in strikes, mass leaves, walkouts, and other forms
of mass action that will lead in the temporary stoppage or
disruption of public service. (Social Security System
Employees Association (SSEA) v. Court of Appeals, G.R.
No. 85279, 1989).
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A closed shop agreement is legal since it is a valid form of

union security. (Villar v. Inciong, G.R. No. L-50283-84,
Power of Eminent Domain
1983).
The right of the sovereign power to appropriate, not only
public but even private property of all citizens within the
Prohibiting managerial employees from forming unions is
territorial sovereignty for public purposes. This power is
valid because the legal prohibition has e valid purpose
exercised by the national government but may be
which is ensuring freedom of unions. The Constitution only
delegated to local governments and public utilities.
intended to restore the right of supervisory employees to
form unions. The rationale supposedly was that
The power of eminent domain is available only when the
managerial employees act in a confidential capacity and
owner does not want or opposes the sale of his property.
may thus lead to conflict of interest; the unions might also
Thus, if a valid contract exists between the government
become company-dominated. (United Pepsi Cola v.
and the owner, the government cannot exercise the power
Laguesma, G.R. No. 122226, 1998).
of eminent domain as a substitute to the enforcement of
. the contract.
This Court's decision in Victorian° vs. 1 Ehzalde Rope
Workers' Union, 59 SCRA 54, upholding the right of
Where the landowner agrees voluntarily to the taking of his
members of the IGLESIA NI KRISTO sect not to join a
property by the government for public use, he thereby
labor union for being contrary to their religious beliefs,
waives his right to the institution of a formal expropriation
does not bar the members of that sect from forming
proceeding covering such property. Failure for a long time
their own union (Kapatiran sa Meat and Canning Division
of the owner to question the lack of expropriation
v. Ferrer Calleja, G.R. No. 82914, 1988).
proceedings covering a property that the government had
taken constitutes a waiver of his right to gain back
Compulsory membership of all lawyers in the Integrated
possession. The landowner's remedy in such case is an
Bar of the Philippines does not violate the right of
action for the payment of just compensation, not ejectment.
association (In Re: Edillon, A.M. No. 1928; 1978).
(Republic of the Philippines v. Primo Mendoza and Maria
Lucero, G.R. No. 185091, 2010).
Other constitutional provision related :to the right to
association:
The exercise of the power of eminent domain by a local
Art. XIII, Sec. 3 I 2-The State shall guarantee the rights of
government unit is now govemed by Section 19 of
all workers to self-organization, col, ective , bargaining and
Republic Act 7160. For properties under expropriation, the
negotiations, and 'peaceful concerted activities, including
law now requires the deposit of an amount equivalent to
the right to strike in accordance with law.
fifteen percent {15%) of the fair market value of the
property based on its current tax declaration. (Knecht v.
EMINENT DOMAIN
Municipality of Cainta, G.R. No. 145254, 2006).
CONCEPT
Expropriation is not limited to the acquisition of real
Private property shall not be taken for public use without
property with a corresponding transfer of title or
just compensation. (Phil. Const., art. 3, § 9).
possession. The right-of-way easement resulting in a
restriction or limitation on property rights over the land
The State has the inherent power of eminent domain. It
traversed by transmission lines also falls within the ambit
means the ultimate right of the sovereign power not only
of the term expropriation. The ownership of land extends
over public property but also over the private property of all
to the surface as well as to the subsoil under it.
citizens within its territorial sovereignty. Section 9 is NOT
Underground tunnels impose limitations on the owner's
a grant of this power to the State but rather a limitation to
use of the property for an indefinite period and deprive
it. (Bernas, The 1987 Philippine Constitution: A
them of its ordinary use. Notwithstanding the fact that NPC
Comprehensive Reviewer, 2011).
only occupies the sub-terrain portion, it is liable to pay not
merely an easement fee but rather the full compensation
In the hands of Congress the scope of the power is, like
for land. The nature of the easement deprives the owners
the scope of legislative power itself, plenarY. It is as broad
of its normal beneficial use. (NPC v. Lucman Ibrahim, G.R.
as the scope of police power itself. I i can thus reach every
No. 168732, 2007).
form of property, which the State might need for public use.
(Bernas, The 1987 Philippine COnstitution: A
Comprehensive Reviewer, 2011).
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The power of eminent domain is not an unlimited power.
Section 9, Article Ill of the 1987 Constitution sets down the
essential limitations upon this inherent right of the State to
take private property, namely: (a) that the taking must be
for a public purpose; and (b) that just compensation must
be paid to the owner. The State must first establish that the
exercise of eminent domain is for a public purpose, which,
here, is already settled. What remains to be determined is
the just compensation. (EPZA v. Estate of Salud Jimenez,
G.R. No. 188995, 2011).
The owner is entitled to legal 1ntere4t from the time of the
taking of the property until the actual payment in order to
place the owner in a position as good as, but not better
than, the position he was in before the taking occurred.
(EPZA v. Estate of Salud Jimenez, G.R.No. 188995,
2011).
Who May Exercise (CELPQ)
1. Congress
2. Executive, pursuant to legislation enacted by
Congress
3. Local government units, pursuant to an ordinance
enacted by their respective legislative bodies (under
LGC)
4. Public corporations, as may be delegated by law
5. Quasi-public corporations e.g. PNR, PLDT,
Meralco.
The delegated power of eminent domain of local
government is strictly speaking not a power of eminent but
of inferior domain—a share merely in eminent domain.
Hence, it is only as broad as the authority delegated to it.
(Bernas, The 1987 Philippine Constitution: A
Comprehensive Reviewer, 2011).
The exercise of the right of eminent domain, whether
directly by the State or by its authorized agents, is
necessarily in derogation of private r ghts. It is one of the
harshest proceedings known to the law. Consequently,
when the sovereign delegates the power to a political unit
or agency, a strict construction will be given against the
agency asserting the power. The authority to condemn is
to be strictly construed in favor of the owner and against
the condemnor. When the power is granted, the extent to
which it may be exercised is limited to the express terms
or clear implication of the statute in which the grant is
contained. Corollarily, the respondent, which is the
condemnor, has the burden of proving all the essentials
necessary to show the right of condemnation. It has the
burden of proof to establish that it has complied with all the
requirements provided by law for the valid exercise of the
Page 125 of 320
POLITICAL LAW
power of eminent domain. (Jesus is Lord School v.
Municipality of Pasig, G.R. No. 152230, 1974).
Heirs of JBL Reyes filed a case for unlawful detainer
against Abiog & Maglonso; they obtained a writ of
execution. However, during the pendency of the case, the
City of Manila sought to expropriate the same properties.
The CA issued protective orders, requiring the parties to
maintain the status quo until the expropriation is resolved.
The heirs question the legality and validity of the
expropriation. The Local Government Code and the
Charter of the City of Manila empower the same to
expropriate private property for its urban land reform and
housing program; however, there are other laws to be
complied with. RA No. 7279 (Urban Development &
Housing Act) lays down the mandatory priority in the
acquisition of lands:
1. Those owned by the government
2. Alienable lands of the public domain
3. Unregistered, idle, or abandoned lands
4. Those within dedared Areas of Priority Development,
Zonal Improvement, Slum Improvement, or
Resettlement Program sites Bagong Lipunan
Improvement Sites and Services (BLISS) w/c have not
been acquired
5. Privately owned lands (last in the priority)
Further, the same Act provides that expropriation is to be
resorted to only when other modes of acquisition
(community mortgage, land swapping, land assembly or
consolidation, land banking, donation, joint venture,
negotiated purchase) have already been exhausted. The
City of Manila failed to comply with any of the aforesaid
requirements. The exercise of eminent domain cannot
override the guarantees of due process conferred upon the
property owners. (Heirs of JBL Reyes v. City of Manila,
G.R. Nos. 132431 & 137146, 2004).
Requisites: (TaPuCom)
1. There is a Taking of private property
2. Taking is for Public use
3. Payment of just Compensation
Requisites before an LGU can exercise the power of
eminent domain (OPJ0):
1. An ordinance is enacted by the local legislative
council authorizing the local chief executive, in behalf
of the LGU, to exercise the power of eminent domain
or pursue expropriation proceedings over a particular
private property.
2. The power of eminent domain is exercised for
public use, purpose or welfare, or for the benefit
of the poor and the landless.
ATENEO CENTRAL
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3. There is payment of just compensation, as required
under Section 9, Article Ill Of the Constitution, and
other pertinent laws.
4. A valid and definite offer has been previously made to
the owner of the property sought to be
expropriated, but said offer was not accepted.
There is Taking of Private Property
The power of eminent domain must be distinguished from
police power. When the State exercises "police power,"
property is merely "regulated." There is no transfer of
ownership. By eminent domain, property ia "taken." There
is transfer of ownership. "Regulation" is not compensable
but "taking" must be compensated. (Bernas, The 1987
Philippine Constitution: -A Comprehensive Reviewer,
2011).
The power to regulate does not include the power to
prohibit or confiscate. it does not include the power to take
private property for public use. If property is to be taken
under the authority of the police power, 10-nust be for the
purpose of being destroyed for the protection of the public
welfare. (City Government of QC v. Judge ,Ericta, G.R. No.
L-34915, 1983).
Elements of Taking (BEAPP)
1. Utilization of the property must I:le in such a way as to
oust the owner and deprive him of the Beneficial
enjoyment of his property.
2. The expropriator Enters the property ,
3. Entry is made under warrant or 'color of legal Authority
4. Property is devoted to Public use
5. The entrance must be Permanent (Republic v. Vda. de
Castellvi, G.R. No. L-20620, 1974).
While the power of eminent doma n often results in the
taking of property, "taking" may include trespass without
actual eviction of the owner, material impairment of the
value of the property or prevention Of the ordinary uses for
which the property was intended such as the establishment
of an easement. A regulation which substantially deprives
the owner of his proprietary rights and restricts the
beneficial use and enjoyment for public use amounts to
compensable taking. (Didipio Earth Savers et al. v.
Secretary, G.R. No. 157882, 2006).
An ordinance which permanently restricts the use of
property such that it can no longer be used for any
reasonable purpose is beyond regulation and constitutes
taking of property. (People v. Fajardo, G.R. No. L-12172,
1958).
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The construction of floodwalls causes the deprivation and
dispossession of the property. True, no burden was
imposed, and title still belonged to the owner. But the
nature and effect of floodwalls would deprive the owner of
the normal use of the remaining areas. It would prevent
ingress and egress to the-property. (Republic v. Andaya,
G.R. No.160656, 2007).
In totally prohibiting respondents from collecting parking
fees from the public for the use of the mall parking facilities,
the State would be acting beyond the bounds of police
power. [Thus, in this case,,there was "taking" on the part of
the State.] (Office of the Solicitor General vs. Ayala Land,
,Incorporated, G.R.No. 177056, 2009).
There is "taking" when the expropriator enters private
property not only for a momentary period but for a more
permanent duration, or for the purpose of devoting the
property to a public use in such a manner as to oust the
owner and deprive him of all beneficial enjoyment thereof.
In this context, there was taking when the MIAA occupied
a portion thereof for its expanded runway. (MIAA v.
Rodriguez, G.R. No. 16183, 2006).
There was a full taking on the part of NPC, notwithstanding
that the owners were not completely and actually
dispossessed. It is settled that the taking of private
property for public use, to be compensable, need not be an
actual physical taking or appropriation. NPC constructed a
tunnel underneath the land of the Heirs of Macabangkit
without going through formal expropriation proceedings
and without procuring their consent or at least informing
them beforehand of the construction. NPC's construction
adversely affected the owners' rights and interests
because the subterranean intervention by NPC prevented
them from introducing any developments on the surface,
and from disposing of the land or any portion of it, either by
sale or mortgage. (NAPOCOR v. Heirs of Macabangkit
Sangkay, G.R. No. 165828, 2011).
Compensable taking includes destruction, restriction,
diminution, or interruption of the rights of ownership or of
the common and necessary use and enjoyment of the
property in a lawful manner, lessening or destroying its
value. It is neither necessary that the owner be wholly
deprived of the use of his property, nor material whether
the property is removed from the possession of the owner,
or in any respect changes hands. (NAPOCOR v. Heirs of
Mabangkit Sangkay, G.R. No. 165828, 2011).
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Matters reviewed by courts insofar as expropriation is

concerned: (AdNePub) EXPANSIVE MEANING OF PUBLIC USE
1. The adequacy of the compensation Public use, as an eminent domain concept, has now
2. The necessity of the taking acquired an expansive meaning to include any use that is
3. The "public use" character of the taking of "usefulness, utility, or advantage, or what is
productive of general benefit of the public." (Ouano, et.
LGUs v. National Government al. v. Republic, G.R. No.168770, 2011).
NATIONAL
LGUs The term "public use" has acquired a more comprehensive
GOVERNMENT
coverage. To the literal import of the term signifying strict
On the part of local Thus, Pursuant to Section use or employment by the public has been added the
government units, 2 of Rule 67 of the 1997 broader notion of indirect public benefit or advantage.
expropriation is also Revised Rules of Civil Specifically, urban renewal or redevelopment and the
governed by Section 19 of Procedure construction of low-cost housing is recognized as a public
the Local Government (5ee also: Robem purpose, not only because of the expanded concept of
Code. Development Corporation
public use but also because of specific provisions in the
v. QUitain).
Constitution. (Sumulong v. Guerrero, G.R. No. 48685,
1. The filing of a 1. The filing of a 1987).
complaint for complaint for
1 Public use means "public usefulness, utility or advantage,
expropriation sufficient expropriation sufficient
in form and substance; in form and substance; or what is productive of general benefit; so that any
and and appropriating of private property by the State under its right
2. The deposit of the 2. The making of a of eminent domain for purposes of great advantage to the
amount equivalent to deposit equivalent to community, is a taking for public use." (Gohld Realty Co. v.
15% of the fair market the assessed value of Hartford, 104 A. 2d 365, 368-9 Conn., 1954; Bernas, The
value of the property to the property subject to
1987 Philippine Constitution: A Comprehensive Reviewer,
be expropriated based expropriation.
on its current tax 3. Upon compliance with 2011).
declaration (Iloilo V. the requirements the
Legaspi, G.R. No. issuance of the writ of Effect if public use for the taking ceases
154614, 2004). possession becomes If the genuine public necessity — the very reason or
"m nisteriar (Biglang- condition as it were — allowing, at the first instance, the
awa v. Bacalla, G.R. expropriation of a private land ceases or disappears, then
Nos. 139927 and there is no more cogent point for the government's
139936,2000). retention of the expropriated land. The same legal situation
should hold if the government devotes the property to
General Rule: In the case of LGUs, entry into the property another public use very much different from the original or
may be made before payment provided that a deposit is deviates from the declared purpose to benefit another
made in an amount set by the court (15%). private person. It has been said that the direct use by the
state of its power to oblige landowners to renounce their
Taking is for public use productive possession to another citizen, who will use it
Public use - synonymous with public welfare as the latter predominantly for that citizen's own private gain, is
term is used in the concept of police power (e.g., land offensive to our laws.
reform and socialized housing).
A condemnor should commit to use the property pursuant
Urban renewal or redevelopment and the construction of to the purpose stated in the petition for expropriation,
low-cost housing is recognized as a public purpose, not failing which it should file another petition for the new
only because of the expanded concept of public use but purpose. If not, then it behooves the condemnor to return
also because of specific provisions in the Constitution. the said property to its private owner, if the latter so
Housing is a basic human need. Shortage in housing is a desires. We suggested as much in Heirs of Moreno and in
matter of state concern since it directly and significantly Tudtud and more recently in Lozada, Sr. Expropriated
affects public health, safety, the environment and in sum, lands should be differentiated from a piece of land,
the general welfare. (Manapat v. CA, G.R. No. 110478, ownership of which was absolutely transferred by way of
2007). an unconditional purchase and sale contract freely entered
Page 127 of 320
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by two parties, one without obligation to buy and the other
without the duty to sell. In that case the fee simple concept
really comes into play. There is really no Occasion to apply
the "fee simple concept" if the transfer is Conditional.
The taking of a private land in expropriatiOn proceedings is
always conditioned on its continued devOtion to its public
purpose. As a necessary corollary, once the purpose is
terminated or peremptorily abandoned, then the
former owner, if he so desires, May seek its reversion,
subject of course to the return, at the very least, of the
just compensation received. (Ouano, et. al. v. Republic,
G.R. No.168770, 2011).
JUST COMPENSATION
(a) DETERMINATION
It is just if the owner receives a sum equivalent to the
market value of his property and if it is paid within a
reasonable period. Market value is generally defined as the
fair value of the property as between one who desires to
purchase and one who desires to sell.
If municipal property is acquired in its corporate or private
capacity, the State must pay just compensation. But ifit is
any other property such as public buildings or held by the
municipality for the State in trust for the inhabitants, the
State is free to dispose of it at will, without any
compensation. (Land Bank v. Spouses Orilla, G.R. No.
157206, 2008).
Just compensation is defined as the full and fair equivalent
of the property taken from its owner by the expropriator.
The measure is not the taker's gairi, but the owner's loss.
The word "just" is used to intensify the meaning of the word
"compensation" and to convey thel-eby the idea that the
equivalent to be rendered for the property to be taken shall
be real, substantial, full and ample. (Republic of the
Philippines, represented by the National Irrigation
Administration v. Rural Bank of Kabacan Inc., G.R. No.
185124,2012).
Just compensation is the fair market value of the property.
Fair market value is that "sum of money which a person
desirous but not compelled to buy, and an owner willing but
not compelled to sell, would agree on as a price to be given
and received therefor." (NAPOCOR v. Ong Co, G.R. No.
166973, 2009).
Among the factors to be considered in arriving at the fair
market value of the property are the cost of acquisition, the
current value of like properties, its actual or potential uses,
and in the particular case of lands, their size, shape,
Page 128 of 320
POLITICAL LAW
location, and the tax declarations thereon. The measure is
not the taker's gain but the owner's loss. To be just, the
compensation must be fair not only to the owner but also
to the taker.
To determine just compensation, the trial court should first
ascertain the market value of the property, to which should
be added the consequential damages after deducting
therefrom the consequential benefits which may arise from
the expropriation. If the consequential benefits exceed the
consequential damages, these items should be
disregarded altogether as the basic value of the property
should be paid in every case. The award of consequential
damages is not tantamount to unjust enrichment. (Republic
v. CA, G.R. No. 160379, 2009).
The general rule is that the just compensation to which the
owner of the condemned property is entitled to is the
market value. The general rule, however, is modified
where only a part of a certain property is expropriated. In
such a case, the owner is not restricted to compensation
for the portion actually taken, he is also entitled to
recover the consequential damage, if any, to the
remaining part .of the property. In this case, petitioner
contends that BPI's building was "never taken" by
petitioner, and that to award consequential damages for
the building was unfounded and without legal basis.
Petitioner's contention is unmeritorious. No actual taking of
the remaining portion of the real property is necessary to
grant consequential damages. If as a result of the
expropriation made by petitioner, the remaining lot of
private respondent suffers from impairment or decrease in
value, consequential damages may be awarded to private
respondent. (DPWH v. BPI, G.R. No. 203039, 2013).
The tax benefit granted to the establishments can be
deemed as their just compensation for private property
taken by the State for public use. The taxation power can
also be used as an implement for the exercise of the power
of eminent domain. (Commissioner of Internal Revenue v.
Central Luzon Drug Corporation, G.R. No. 159647, 2005).
The Court also upheld the CA ruling, which deleted the
inclusion of the value of the excavated soil in the payment
for just compensation. There is no legal basis to separate
the value of the excavated soil from that of the expropriated
properties. In the context of expropriation proceedings, the
soil has no value separate from that of the expropriated
land. Just compensation ordinarily refers to the value of the
land to compensate for what the owner actually loses.
Such value could only be that which prevailed at the time
of the taking. (Republic of the Philippines, represented by
 ATENEO CENTRAL
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the National Irrigation Administration v. Rural Bank of
Kabacan Inc., G.R. No. 185124,2012).
The determination of "just compensation" in eminent
domain case is a judicial function. The executive
department or the legislature may make the initial
determinations, but when a party claims a violation of the
guarantee in the Bill of Rights that private property may not
be taken for public use without just compensation, no
statute, decree, or executive order can mandate that its
own determination shall prevail over the court's findings.
Much less can the courts be precluded from looking into
the "just-ness" of the decreed compensation. (Land Bank
v. Dumlao, et. al., G. R. No. 167809, 2009).
The formula for determination of just compensation to
landowners doesn't include the factor for inflation rate, as
inflation is properly accounted for through payment of
interest on the amount due to the landowner, and through
the award of exemplary damages and attorney's fees in
cases where there was irregularity in the taking of property.
(National Power Corporation v. Manalastas, G.R. No.
196140, 2016).
Reckoning period
The value of the property must be determined either as of
the date of the taking of the propel or the filing of the
complaint, "whichever came first." (Ealaban v. De
Onorio, G.R. No. 146062, 2001).
The time of the taking may be reckoned on October 24,
1994, the date of the filing of the complaint. Although the
plaintiff took possession of the property in 1991, due to a
lease contract executed between plaintiff and, defendant,
the intention to expropriate was mantfested only upon the
filing of the complaint. (PNOC v. Maglasang, G.R. No.
155407, 2008).
Just compensation in agrarian cases
In determining just compensation, the cost of acquisition of
the land, the current value of like properties, its nature,
actual use and income, the sworn va uation ,by the owner,
the tax declarations, and the assessment made by
government assessors, shall be considered. The social
and economic benefits contributed bY the farmers and the
farm workers and by government to the property as well as
the non-payment of taxes or loans secured from any
government financing institution on the said land shall be
considered as additional factors to deSermine its valuation.
(RA 6657, sec. 17, otherwise known as Comprehensive
Agrarian Reform Law of 1988).
Page 129 of 320
POLITICAL LAW
Effect of non-payment of just compensation
Non-payment of just compensation does not entitle the
private landowners to recover possession of their
expropriated lot. But, the prolonged occupation of the
government without instituting expropriation proceedings
will entitle the landowner to damages. Such pecuniary loss
entitles him to adequate compensation in the form of actual
or compensatory damages, which in this case should be
the legal interest (6%) on the value of the land at the time
of taking, from said point up to full payment. (City of Iloilo
v. Besana, G. R. No. 168967, 2010).
While the prevailing doctrine is that "the non-payment of
just compensation does not entitle the private landowner
to recover possession of the expropriated lots, however, in
cases where the government failed to pay just
compensation within five (5) years from the finality of the
judgment in the expropriation proceedings, the owners
concerned shall have the right to recover possession of
their property. This is in consonance with the principle that
"the government cannot keep the property and dishonor
the judgment." To be sure, the five-year period limitation
will encourage the government to pay just compensation
punctually. This is in keeping with justice and equity. After
all, it is the duty of the government, whenever it takes
property from private persons against their will, to facilitate
the payment of just compensation. We defined just
compensation as not only the correct determination of the
amount to be paid to the property owner but also the
payment of the property within a reasonable time. Without
prompt payment, compensation cannot be considered
"just." (Republic v. Lim, G.R. No. 161656, 2005).
New System of Immediate Payment under R.A. 8974;
application of the rule
RA 8974 requires that the Government make a direct
payment to the property owner before the writ may issue
for cases involving national government infrastructure
government projects. Moreover, such payment is based on
the zonal valuation of the BIR in the case of land, the value
of the improvements or structures under the replacement
cost method, or if no such valuation is available in case of
utmost urgency, the proffered value of the property to be
seized.
Thus if expropriation is engaged in by the national
government for purposes other than national infrastructure
projects, the assessed value standard and deposit mode
still applies.
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Action to Recover Just Compensation v. Action for also be paid to the landowner without delay. (APO v. Land
Damages Bank, G.R. No. 164195, 2011).
ACTION TO RECOVER ACTION I FOR
Without prompt payment, compensation cannot be
JUST COMPENSATION DAMAGES
considered "just" inasmuch as the property owner is made
Also known as inverse Seeks to vindicate a legal to suffer the consequences of being immediately deprived
condemnation, has the wrong through damages, of his land while being made to wait for a decade or more
objective to recover the value which may be actual, before actually receiving the amount necessary to cope
of property taken in fact by moral, nominal, with his loss. (Land Bank v. Spouses Orilla, G.R. No.
the governmental defendant, temperate, liquidated, or 157206, 2008).
even though no formal exemplary
exercise of the power of The Court imposes interest of 12% per annum until
eminent domain has been When a right is exercised payment of just compensation whenever the expropriator
attempted by the taking in a manner not has not immediately delivered the just compensation.
agency conformable with the (EPZA v. Pulido, G.R. No. 188995, 2011).
norms e'nshrined in
At-role 19 and like The concept of delay does not pertain to the length of time
provisions on human that elapsed from the filing of the Complaint until its
relations in the Civil resolution. Rather, it refers to the fact that property was
Code, and the exercise taken for public use before compensation was deposited
results to the damage of with the court having jurisdiction over the case. There will
another, a legal wrong is be delay if the property was taken for public use before
committed and the compensation was paid or deposited with the court. Hence,
wrdngdoer is held between the taking of the property and the actual payment,
responsible. legal interests accrue in order to place the owners in a
position as good as the position they were in before the
taking occurred. (National Power Corporation v. Heirs of
The two actions are radically different in nature and
Gregorio Ramoran, G.R. No. 193455, 2016)
purpose. The action to recover just compensation is based
on the Constitution while •the •action for damages is
ABANDONMENT OF INTENDED USE AND 'RIGHT OF
predicated on statutory enactments. (NAPOCOR v. Heirs REPURCHASE
of Mabangkit Sangkay, G.R. No. 165828, 2011).
If the property ceases to be used for a public purpose, the
property reverts to the owner in fee simple. (Bemas, The
The fact that the owner rather than the expropriator brings 1987 Constitution: A Comprehensive Reviewer 2006).
the action for recovery of just ccimpensation does not
Change the essential nature of the suit as an inverse
We now expressly hold that the taking of private property,
condemnation, for the suit is not based on tort, but on the
consequent to the Government's exercise of its power of
constitutional prohibition against the taking of property
eminent domain, is always subject to the condition that the
without just compensation. It would very well be contrary
property be devoted to the specific public purpose for
to the clear language of the Constitution to bar the recovery
which it was taken. Corollarily, if this particular purpose or
of just compensation for private property taken for a public
intent is not initiated, or not at all pursued, and is
use solely on the basis of statutory prescription.
peremptorily abandoned, then the former owners, if they
so desire, may seek the reversion of the property, subject
Effect of delay
to the return of the amount of just compensation received.
While confirming the State's inherent power and right to
In such a case, the exercise of the power of eminent
take private property for public use, this Provision at the
domain has become improper for lack of the required
same time lays down the limitation in the exercise of this
factual justification. (Mactan-Cebu International Airport v.
power. When it takes property pursuant to its inherent right
Lozada, G.R. No. 176625, 2010).
and power, the State has the corresponding obligation to
pay the owner just compensation for the property taken.
•
For compensation to be considered "just, " it must not only

be the full and fair equivalent of the property taken; it must

Page 130 of 320

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MISCELLANEOUS APPLICATION
Expropriation by local governments
The power of eminent domain is not a valid substitute for
the enforcement of a contract. (Bernas, The 1987
Constitution: A Comprehensive Reviewer 2006).
Essential requisites so LGU can exercise the power of
eminent domain
1. The power of eminent domain is exerCised for Public
use, purpose or welfare, or for the benefit of the poor
and the landless.
2. There is Payment of just compensation, as required
under Section 9, Article III of the Constitution, and
other pertinent laws.
3. A valid and definite Offer has been previously made to
the owner of the property sought to be expropriated,
but said offer was not accepted.
4. An ordinance is enacted by the local legislative council
authorizing the local chief executive, in behalf of the
LGU, to exercise the power of eminent domain or
pursue expropriation proceedings over a particular
private property.
1 the case.
Limitations on the exercise of the eminent domain
powers of LGUs
• Order of priority in acquiring land for socialized housing:
Private lands rank last in the order of priority for
purposes of socialized housing.
• Other modes of acquisition must first be exhausted.
An LGU like the Municipality of Paranaque, cannot
authorize an expropriation of private property through a
mere resolution of its lawmaking body. The Local
Government Code expressly and clearly requires an
ordinance or a local law for the purpose. A resolution that
merely expresses the sentiment or opinion of the Municipal
Council will not suffice. On the other hand, the principle of
res judicata does not bar subsequent proceedings for the
expropriation of the same property when all the legal
requirements for its valid exercise are complied with.
(Municipality of Paranaque v. V.M. Realty Corporation,
G.R. No. 127820, 1998):
Judicial review
Matters that may be reviewed by the courts (ANP):
1. The Adequacy of the compensation
2. The Necessity of the taking
3. The "Public Use" character of the taking,
If the expropriation is pursuant to a specific law passed by
Congress, the courts cannot question the public use
character of the taking. Any law fixing the amount of just
Page 131 of 320-
POLITICAL LAW
compensation is not binding on the courts because it is a
question of fact which is always subject to review by the
courts.
General Rule: The value must be that as of the time of the
filing of the complaint for expropriation.
Exceptions:
1. When the filing of the case comes later than the time
of taking and meanwhile the value of the property has
increased because of the use to which the expropriator
has put it, the value is that of the time of the earlier
taking.
2. Where this Court fixed the value of the property as of
the date it was taken and not the date of the
commencement of the expropriation proceedings.
(NPC v. Lucman Ibrahim, G.R. No. 168732, June 29,
2007)
Exception to the Exception:
• If the value increased independently of what the
expropriator did, then the value is that of the FILING of
• Even before compensation is given, entry may be made
upon the property condemned by depositing the money
or an equivalent form of payment such as government
bonds.
NON-IMPAIRMENT OF CONTRACTS
No law impairing the obligation of contracts shall be
passed. (Phil. Const., art. 3, § 10)
What constitutes impairment:
1. If it changes the terms and conditions of a legal
contract either as to the time or mode of performance
2. If it imposes new conditions or dispenses with those
expressed
3. If it authorizes for its satisfaction something different
from that provided in its terms.
A mere change in procedural remedies which does not
change the substance of the contract, and which still
leaves an efficacious remedy for enforcement does not
impair the obligation of contracts.
The non-impairment clause of the Constitution must yield
to the loftier purposes targeted by the Government. Time
and again, this Court has said that contracts affecting
public interest contain an implied reservation of the police
power as a postulate of the existing legal order. This
power can be activated at any time to change the
 ATENEO CENTRAL
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provisions of the contract, or even abrogate it entirely, for
the promotion or protection of the general welfare. Such
an act will not militate against the impairment clause, which
is subject to and limited by the paramount police power.
(Chavez v. Comelec, G.R. No. 162777, 2004).
Zoning regulations are superior to contractual restrictions
on the use of property. (Ortigas and Co. v. FEATI Bank,
G.R No. L-24670, 1979).
There is nothing in Section 5 @ of RD. No. 902-A
(Rehabilitation Act) authorizing the change or modification
of contracts entered into by the distressed: corporation and
its creditors. It merely provides that "all actions tor claims
against corporations, partnerships or associations under
management or receivership pending before any court,
tribunal, board or body shall be suspended accordingly."
(Leca Realty v. Manuela Corporation, GjR. No. 166800,
2007).
1 the peace and good order of society. in truth, the Contract
Even granting that the "agreem nt" between the two
governments or their representa6es 'creates a binding
Obligation under international law, it remains incumbent for
each contracting party to adhere to its own internal law in
the process of complying with its obligations. The promises
made by a Philippine president or his alter egos to a foreign
monarch are not transubstantiated by divine right so as to
ipso facto render legal rights of private -persons obviated.
(Kuwait Airways v. Philippine Airlines, G.R. No. 156087,
2009).
License agreements are not contracts within the purview
of the due process and the non-impairment of contracts
clauses enshrined in the Constitution. (Republic v.
Pagadian City Timber, G.R. No. 156308, 2008).
Timber licenses, permits, and lice* agreements are the
principal instruments by which the State regulates the
utilization and disposition of forest resources to the end
that public welfare is promoted. It cannot be denied that
they merely evidence a privilege granted by the State, and
it does not vest a permanent or irrevocable right. They are
not deemed contracts within the due process of law clause.
(Oposa v Factoran, G.R. No. 101083, 1993; C&M Timber
Corporation v. Alcala, G.R. No. 111088,1997).
The non-impairment clause doe not apply to court
decisions. In a corporate rehabilitation case, the Supreme
Court upheld the validity of an RTC order that a creditor be
paid by dacion en pago, without its approval. The non-
impairment clause may be invoked against a law or
executive issuance declaring the modification of contracts.
Page 132 of 320
POLITICAL LAW
(Pryce Corporation v. China Banking Corporation, G.R.
No. 72302, 2014).
CONTEMPORARY APPLICATION OF THE CONTRACT
CLAUSE
Police power is superior to the right to contract. (Bernas,
the 1987 Philippine Constitution: A Comprehensive
Reviewer, 2009).
The parties to a contract cannot, through the exercise of
prophetic discernment, fetter the exercise of the taxing
power of the State. For not only are existing laws read into
contracts in order to fix obligations as between parties, but
the reservation of essential attributes -of sovereign power
is also read into contracts as a basic postulate of the legal
order. The policy of protecting contracts against
impairment presupposes the maintenance of a
government, which retains adequate authority to secure
Clause has never been thought as a limitation on the
exercise of the State's power of taxation save only where
a tax exemption has been granted for a valid consideration.
(Tolentino v. Secretary of Finance, G.R. No. 115455,
1995).
FREE ACCESS TO COURTS AND ADEQUATE LEGAL
ASSISTANCE
Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
person by reason of poverty. (Phil. Const., art. 3, § 11).
Indigent litigants:
1. whose gross income and that of their immediate family
do not exceed four thousand (P4,000.00) pesos a
month if residing in Metro 'Manila, and three thousand
(P3,000.00) pesos a month if residing outside Metro
Manila, and
2. Who do not own real property with an assessed value
of more than fifty thousand (P50,000.00) pesos shall
be exempt from the payment of legal fees (Sec. 19,
Rule 141, Rules of Court).
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RIGHTS OF SUSPECTS UNDER CUSTODIAL
INVESTIGATION
1. Any person under investigation for thelcommission of
an offense shall have the right Ito be informed of his
right to remain silent and to have competent and
independent counsel preferably of his own choice. If
the person cannot afford the services ,of counsel, he
must be provided with one. These rights cannot be
waived except in writing and in the presence of
counsel.
2. No torture, force, violence, threat, intim idation, or any
other means which vitiate the free will shall be used
against him. Secret detention places, solitary,
incommunicado, or other similar forms Of detention are
prohibited.
3. Any confession or admission obtained in violation of
this or Section 17 hereof shall be inadmissible in
evidence against him. 1 478, 1964).
4. The law shall provide for penal and civil sanctions for
violations of this section as well as cornpensation to
and rehabilitation of victims of torture or similar
practices, and their families. (Phil. Const., art. 3, § 12).
Rights of persons under custodial investigation or
Miranda Rights (SCIP)
1. The right to remain Silent— Unlike Section 17 where
the absolute right to remain silent is available to an
accused, Section 12 gives a Person under
investigation the right to refuse to answer any
question. 1
2. The right to Competent and independent counsel,
preferably of his own choice — Right tio independent
counsel is to ensure an impartial lawyer to inform the
accused of his rights, as against experiences during
the Marcos regime (Bemas, the 1987 Philippine
Constitution: A Comprehensive Reviewer, 2009).
When is one not an independent counsel? — Special
counsel, public or private prosecutor, Counsel of the
police, municipal attorney, mayor, barangay captain,
and any other whose interested may be adverse to
accused (Bemas, the 1987 Philippine Constitution: A
Comprehensive Reviewer, 2009). ;
3. Right to be Informed of these rights —
Contemplates the transmission of meaningful
information rather than just the ceremonial and
perfunctory recitation of an abstract constitutional
principle. (People v. Rojas, G.R. Nos L-46960-62,
1987).
4. Right to be Provided with the services of counsel if he
cannot afford the services of one. (People v.
Reyes, 581 SCRA 691, 2009).
Page 133 of 320
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Custodial investigation involves any questioning initiated
by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of
action in any significant way and begins to operate only
after the investigation ceases to be a general inquiry into
an unsolved crime and begins to focus on a particular
suspect, such that the suspect is taken into custody, and
the police carries out a process of interrogations that
lends itself to eliciting incriminating statements (People v.
Marra, G.R. No. 108494, 1994).
AVAILABILITY
The right becomes available where the "investigation is
no longer a general inquiry into an unsolved crime but
has begun to focus on a particular suspect, the suspect
has been taken into police custody, the police carry out a
process of interrogation that lends itself to eliciting
incriminating statements." (Escobedo v. Illinois, 378 U.S.
It commences when a person is taken into custody and
singled out as a suspect in the commission of a crime
under investigation. (People v. Reyes, G.R. No. 178300,
2009).
RA 7438 however, has extended the guarantee to
individuals who have not been formally arrested but has
been merely "invited for questioning." (Bernas, The
1987 Philippine Constitution: A Comprehensive Reviewer,
2011).
Scope
APPLIES TO DOES NOT APPLY TO
Testimonial Body of the accused when it is
compulsion proposed to be examined.
e.g., urine sample,
photographs, measurements,
garments
(People v. Gamboa, GR
91374, 1991).
Non-availability
The rights are not available before government
investigators become involved (Bernas, The 1987
Philippine Constitution: A Comprehensive Reviewer,
2011):
1. Admissions made in administrative investigations
conducted by the Philippine Airlines (People v. Judge
Ayson, G.R. No. 85215, 1989).
2. Admissions made to private. individuals (People v.
Tawat, G.R. No. L-62871, 1984
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3. Persons undergoing audit (Navallo v. Sandiganbayan,

offense (police, DOJ, context of a formal
G.R. No. 97214, 1994)
NBI) investigation.
4. Verbal admissions made to a radio, announcer who
4. Statements made to a
was not part of the investigat on (People v. Ordono,
private person.
G.R. No. 132154, 2000).
5. Signing of arrest
5. Admissions made to a mayor whoP is approached not
reports and booking
as mayor but as confidante (People v. Zuela, G.R. No.
sheets.
112177, 2000).
6. An interview recorded on video in the presence of
newsmen, but the court warned that trial courts should The criminal process includes
admit similar confessions with extreme caution. 1. the investigation prior to filing of charges,
(People v. Endino, G.R. No. 133026, 2001). 2. the preliminary 'examination
7. Persons who voluntarily surrender, where,no written 3. investigation after charges are filed, and
confession was sought to be presented in evidence as 4. the period of trial.
a result of a formal custodial investigation (People v.
Taylaran, G.R. No. L-49149, 1981). The Miranda rights when the inquiry is under the control of
8. Spontaneous statements, not elicited through police officers (first 3) because the psychological if not
questioning by the authorities, but given in an ordinary physical atmosphere of custodial investigations, in the
manner whereby the accused orally admits having absence of proper standards, is inherently coercive. As an
committed the crime (People v. Baloloy, G.R. No. exception, even after charges are filed, the police might still
140740, 2002). attempt to extract confessions or admissions from the
9. Person in a police line-up not entitled to counsel. accused outside of judicial supervision. Outside this
(Gamboa v. Judge Cruz, 162 SCRA 642, 1988). exception, Sections 14 and 17 are applicable. (Bemas,
10. Administrative proceedings (F rst Class, Cadet Aldrin The 1987 Philippine Constitution: A Comprehensive
Jeff P. Cudia of the PMA v. The SLiperintendent of Reviewer, 2011).
PMA, G.R. No. 211362, 2015)
11. Signing of arrest reports and booking sheets. It is not REQUISITES
an extra-judicial statement and cannot be the basis of The rights under this section are available to "any person
a judgmentof conviction. The Booking Sheet is merely under investigation for the commission of an offense".
a statement of the accused's being booked and of the These rights, following the ruling in Escobedo v. Illinois,
date which accompanies the fact of an arrest (People were seen as beginning to be available only when "the
v. Morico, G.R. No. 92660, 1995 citing People v. investigation is no longer a general inquiry into an unsolved
13andin, G.R. No. 104494, 1993). crime but has begun to focus on a particular suspect, the
suspect has been taken into police custody, the police
Summary carry out a process of interrogations that lends itself to
, eliciting incriminating statements". Although the 1986
WHEN AVAILABLE WHEN NOT AVAILABLE deliberations, together with the Galman case, leads to the
1. After a person has 1. During a police line-up conclusion that the rights are available if a person is
been taken into Exception: Once there already in custody as a suspect, or if the person is the
custody is a move among the suspect, even if he is not yet deprived in any significant
2. When a person is investigators to elicit way of his liberty, jurisprudence under the 1987
deprived of his freedom admissions or Constitution has consistently upheld the stricter view
of action in any confessions from the pronounced in Escobedo. (Bernas, The 1987 Philippine
significant way suspect. Constitution: A Comprehensive Reviewer, 2011).
3. When a person is 2. Diming ; administrative
merely "invited" for investigations. The rights are available "after a person has been taken into
questioning (R.A. No. 3. Confessions made by custody or otherwise deprived of his freedom of action in
, any significant way." (People v. Loveria, G.R. No. 79138,
7438) an accused at the time
, 1990).
4. The investigation is he voluntarily
being conducted by the surrendered to the
government with police or outside the The moment a police officer tries to elicit information from
respect to a criminal the suspect, a counsel should at that juncture, assist the
suspect, unless he waives this right in writing and in the
Page 134 of 320
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presence of counsel. If the participation of the lawyer was
limited to notarization of a suspect's confession, in legal
contemplation, that is not considered to be the kind of legal
assistance that should be accorded to the suspect. (People
v. Rapeza, G.R. No. 169431, 2007).
Exclusionary rule
Any confession or admission obtained in violation of this
section shall be inadmissible in evidence against the
accused. (Section 12, par. 3) Any evidenbe obtained by
virtue of an illegally obtained confession is also
inadmissible, being the fruit of a poisonous' tree.
Infractions of the so-called Miranda ; rights render
inadmissible only the extrajudicial confession or admission
made during custodial investigation. (People v. Malimit,
G.R. No. 109775, November 14, 1996)
Provision covers both admissions and confessions:
• Admission — act, declaration, or omission of a
party as to a relevant fact
• Confession — declaration of ; an accused
acknowledging his guilt of the offense charged, or
of any offense necessanly inCluded therein
(Bemas, The 1987 Philippine Constitution: A
Comprehensive Reviewer, 2011) ,
Anent appellant's claim of denial of due process allegedly
because he was not assisted by counsel during the
investigation and inquest proceedings, the Court cannot
accord credence to the same. As correctly observed by the
CA, this issue cannot be raised for the first time on appeal
without offending the basic rules of fair play, justice and
due process. Besides, the fact that he was not assisted by
counsel during the investigation and inquest proceedings
does not in any way affect his culpability. ;It has already
been held that "the infractions of th so-called Miranda
rights render inadmissible only the extrajudicial
confession or admission mader during custodial
investigation." Here, appellant's conviction Was based not
on his alleged uncounseled confession or admission but
on the testimony of the prosecution witness (People v. Bio,
G.R. No.195850, 2015).
WAIVER
Requisites of a valid waiver: (WIP)
1. Waiver should be made in Writing
2. Made voluntarily, knowingly and Intelligently
3. Waiver should be made in the Presence of counsel
(Morales v. Enrile, 121 SCRA 538, 1983).
Requisites of a valid extra-judicial confession:
(WAVES)
Page 135 of 320
POLITICAL LAW
1. Made in Writing
2. Made with the Assistance of competent and
independent counsel
3. Voluntary
4. Must be Express
5. Signed, or if the confessant does not know how to read
and write, thumb marked by him (People v. Olivarez,
Jr., G.R. No. 77865. 1998).
Under Section 12, par. 2, torture, force, etc. are
prohibited because they:
• Vitiate truth
• Are an assault on the dignity of the person
RIGHTS OF THE ACCUSED
1. CRIMINAL DUE PROCESS
1. No person shall be held to answer for a criminal
offense without due process of law.
2. In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance
of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear
is unjustifiable. (Phil. Const., art. 3, § 14).
Concept
As to procedural due process, the requirement that no
person shall be held to answer for a criminal offense
without due process of law simply requires that the
procedure established by law be followed. If that procedure
fully protects life, liberty and property of the citizens in the
state, then it will be held to be due process of law. (U.S. v.
Ocampo, G.R. No. L-5527, 1910). This presupposes that
the penal law being applied satisfies the substantive
requirements of due process. (Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 2011).
Another aspect of due process is the right to be tried by an
impartial judge (cold neutrality of an independent, wholly-
free, disinterested and impartial tribunal) (Bernas, The
1987 Philippine Constitution: A Comprehensive Reviewer,
2011).
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Rights of a person charged with a criminal offense:
(FISHI-CD)
1. Right to Face the witnesses
2. Right to be presumed Innocent
3. Right to have a Speedy, impartial and public trial
a. The right to speedy trial is considered violated
only when the proceeding is attended by
vexatious, capricious and oppressive delays.
Courts are required to do more than a
mathematical computation Hof the number of
postponements of the scheduled hearings of
the case and to give particular regard to the
facts and circumstances peculiar to each
case. (Nelson Imperial, et al. v. Maricel M.
Joson, et al.; Santos 0. Francisco v. Spouses
Gerard and Maricel Joson Nelson; Imperial, et
al. v. Hilarion C. Felix, et , al., G.R. Nos.
160067, 170410, 171622, 2010).
4. Right to be Heard by himself and counsel
5. Right to be Informed of the nature and cause of the
accusation against him
6. Right to have Compulsory process to secure the
attendance of witness and the Production of evidence
in his behalf
7. Right to Due process of law (Phil. Const., art. 3, § 14
2)-
2. BAIL
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. Excessive bail shall not be Irequired. (Phil.
Const., art. 3, § 13).
Concept
1. To honor the presumption of innocence until his guilt is
proven beyond reasonable doubt
2. To enable him to prepare his defense without being
subjected to punishment before conviction (Cortes v.
Catral, 270 SCRA 1, 1997).
General Rule: All persons actually detained shall, before
conviction be entitled to bail. (Phil. Const., art. 3, § 13).
Page 136 of 320
POLITICAL LAW
Exceptions:
1. Persons charged with offenses punishable by
reclusion perpetua, life imprisonment and death, when
evidence of guilt is strong
2. Persons who are members of the AFP facing a court
martial
If convicted by the trial court, bail is only discretionary
pending appeal (See Magno v. Abbas, 13 SCRA 233,
1965; Comendador, et al. v. Villa, GR 93177, 1991).
Under Section 13, Article 3, before conviction, bail is
either:
A. A matter of right: When the offense charged is
punishable by any penalty lower than reclusion
perpetua. To this extent, the right is absolute.
B. A matter of discretion: When the offense charged is
punishable by reclusion perpetua, it shall be denied if
the evidence of guilt is strong. Once it is determined
that the evidence of guilt is not strong, bail becomes a
matter of right. (People v. Nitcha, G.R. No. 113517,
1995).
• Discretion refers to the court's discretion to
determine whether or not the evidence of guilt is
strong.
• Do not confuse interpretation of Bail under Bill of
Rights with the interpretation of Bail under Rule
114 of the Revised Rules of Criminal Procedure
as to:
A. Bail as a Matter of Right (Sec 4),
• B. Bail as a Matter of Discretion (Sec 5),
C. Non-Bailable offenses (Sec 7).
Purpose
The main purpose of bail is to relieve an accused from the
rigors of imprisonment until his conviction and secure his
appearance at the trial. Thus, as bail is intended to secure
one's provisional liberty, the same cannot be posted before
custody over him has been acquired by the judicial
authorities, either by lawful arrest or voluntary surrender.
Only those who have been either arrested, detained, or
otherwise deprived of their freedom, will ever have the
occasion to seek the protective mantle extended by the
right to bail. But the person seeking provisional release
need not wait for a formal complaint or information to be
filed against him. (Paderanga v. Court of Appeals, G.R. No.
115407, 1995).
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A person is considered to be "in the custody of law"
when:
1. He is arrested by virtue of a warrant of arrest or by
warrantless arrest;
2. He has voluntarily submitted himself to the jurisdiction
of the court by surrendering to the proper authorities
The SC held that when the person ihas actually posted a
bail bond, which was accepted by the !court, he has
effectively submitted himself to the jurisdiction of the court
over his person. (Paderanga v. Court of Appeals, G.R. No.
115407, 1995).
Strong evidence means evident proof or presumption
is great
• Evident proof means clear, stronglevidence which leads
a well-guarded dispassionate judgment to the
conclusion that the offense has been ' committed as
charged, and that the accused is the guilty agent.
• Presumption is great when the c rcurnstances testified
to are such that the inference of guilt naturally to be
drawn therefrom is strong, clear, and convincing to an
unbiased judgment and excuses all reasonable
probability of any other conclusiqn. (People v. Judge
Cabral, G.R. No. 131909, 1999).
Other rights in relation to bail: 1 Sandiganbayan arbitrarily ignored the objective of bail to
1 ensure the appearance of the accused during the trial; and
1. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended;
2. Excessive bail shall not be required (Phil. Const., art.
3, § 13).
Factors to be considered in setting the amount of bail:
(F3P3 WANC)
0. Financial Ability of the accused to give bail
1. Forfeiture of other bail
2. The accused was a Fugitive from justice when arrested
3. Probability of the accused appearing at the trial
4. Penalty for the offense charged
5. Pendency of other cases where the accused is on bail
6. Character and reputation of the accused
7. Age and health of the accused
8. Weight of the evidence against the accused
9. Nature and circumstance of the offense (ROC, Rule
114, §6).
Where the right to bail exists, it should not be rendered
nugatory by requiring a sum that is excessive. (De La
Camara v. Enage, G.R. Nos. L-32951-2, 1971).
Waiver (FEJ)
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If appellant Escapes from prison or confinement
If appellant Jumps bail
If appellant Flees to another country during the
pendency of the appeal (ROC, Rule 124, § 8; Rule 125,
§ 1).
Apart from bail, a person may attain provisional liberty
through recognizance, which is an obligation of record
entered into by a third person before a court, guaranteeing
the appearance of the accused for trial. It is in the nature
of a contract between the surety and the state. (People v.
Abner, G.R. No. L-2508, 1950)
Since the grant of bail is discretionary and can only be
determined by judicial findings, such discretion can only be
exercised after evidence is submitted to the court, the
petitioner has the right of cross examination and to
introduce his own evidence in rebuttal. (Santos v. Judge
How, A.M./ RTJ-05-1946, 2007).
A mere claim of illness is not a ground for bail. Bail is not a
sick pass for an ailing or aged detainee or prisoner needing
medical care outside the prison facility. (People v.
Fitzgerald, G.R. 149723, 2006).
BUT SEE: Accordingly, we conclude that the
unwarrantedly disregarded the clear showing of the fragile
health and advanced age of Enrile. As such, the
Sandiganbayan gravely abused its discretion in denying
Enrile's Motion to Fix Bail. (Juan Ponce Enrile v.
Sandiganbayan, G.R. No. 213847, 2015)
Bail in deportation proceedings
As a general rule, the constitutional right to bail is available
only in criminal proceedings. Thus, they do not apply in
deportation proceedings, which are administrative in
nature. However, see Mejoff v. Director of Prisons, where
the court applied the general principles of international law
found in the UDHR and ordered released under a bond in
a Habeas Corpus petition (Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 2011).
Bail in extradition cases
Our extradition law does not provide for the grant of bail to
an extraditee. There is no provision prohibiting him or her
from filing a motion for bail, a right to due process under
the Constitution.
However, an extradition proceeding, while ostensibly
administrative, bears all earmarks of a criminal process. A
ATENEO CENTRAL
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potential extraditee may be subject to arrest, to a
prolonged restraint of liberty, and forced to transfer to the
demanding state following the pro eedings.
The standard used in granting bai in extradition cases is
"clear and convincing evidence." This standard should be
lower than proof beyond reasonab e doubt but higher than
preponderance of evidence. The potentiat extraditee must
prove by "clear and convincing ev dence7 that he is not a
flight risk and will abide with all the orders and processes
of the extradition court, and that there exist special,
humanitarian, and compelling reasons for him to be
released on bail. (Government of Hong, Kong v. Olalia, Jr.,
G.R. No.153675, 2007).
3. PRESUMPTION OF INNOCENCE
Its principal effect is that no person shall be convicted
unless the prosecution has proved him guilty beyond
reasonable doubt (Bernas, The 1987 Constitution: A
Comprehensive Reviewer 2011).
The Constitution does not prohibit the ;legislature from
providing that proof of certain facts leads to a prima facie
presumption of guilt, provided that the facts proved have a
reasonable connection to the ultimate fact presumed. (U.S.
v Luling, 34 Phil. 725, 1916).
Presumption of innocence persists even when there is
conviction by lower court and case is still on appeal. Such
presumption is not destroyed until there is proof that
accused is guilty beyond reasonable doubt based on
evidence. (Bemas, The 1987 Constitution: A
Comprehensive Reviewer 2011).
Equipoise rule
When evidence of parties are evenly balanced, it should tilt
in favor of accused and constitutional presumption of
innocence should prevail (Corpuz v. People, G.R. No.
180016, 1991).
4. RIGHT TO BE HEARD
Includes the right to be present at the trial from arraignment
to promulgation of sentence. (U.S. Beecham, 23 Phil. 259,
1972). After arraignment, trial may proceed
notwithstanding absence of accused.
Elements: (PIC3)
Right to be Present at the trial;
Right to Counsel;
Right to an Impartial judge;
Right of Confrontation;
Page 138 of 320
POLITICAL LAW
Right to Compulsory process to secure the attendance
of witnesses (Bemas, The 1987 Constitution: A
Comprehensive Reviewer 2011).
5. ASSISTANCE OF COUNSEL
If the accused appears at the arraignment without counsel,
the judge must:
Inform the accused that he has a right to a counsel
before arraignment
Ask the accused if he desires the aid of counsel
If the accused desires counsel, but cannot afford one,
a counsel de officio must be appointed
If the accused desires to obtain his own counsel, the
court must give him reasonable time to get one (U.S. v.
Gimeno, 1 Phil. 236, 1905).
Pre-arraignment duties of judge: (ROC, Rule 116, § 6)
Inform accused that he has the right to have his own
counsel before being arraigned
After giving such information, to ask accused whether
he desires the aid of counsel
If he so desires to procure the services of counsel, the
court must.grant him reasonable time to do so
If he so desires to have counsel but is unable to employ
one, the court must assign a counsel de officio to
defend him (People v. Agbayani, G.R. No. 122770,
1998).
6. RIGHT TO BE INFORMED
Purposes of this right:
To furnish the accused with a description of the charge
against him as will enable him to make his defenses
2. To avail himself of his conviction or acquittal against a
further prosecution for the same cause
3. To inform the court of the facts alleged (U.S. v.
Karelsen, 3 Phil. 223, 1904).
If the information fails to allege the material elements of the
offense, the accused cannot be convicted thereof even if
the prosecution is able to present evidence during the trial
with respect to such elements.
The real nature of the crime charged is determined from
the recital of facts in the information. It is not based on the
caption, preamble or from the cited provision of law
allegedly violated. (People v. Labado, 98 SCRA 730,
1980).
General Rule: It is unnecessary to state in -the information
the precise date that the offense was committed
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Exception: when it is an essential lement of the offense.
(People v. Bugayong, G.R. No. 126518, 1998).
When the time given in the complaint is not essential, it
need not be proven as alleged. The complaint will be
sustained if there is proof that the offense was committed
at any time within the period of the statute of limitations and
before the commencement of the action. The date of
commission is not an element of rape. The gravamen of
rape is carnal knowledge of a woman. (People v. Rafon,
G.R. No. 169059, 2007)
Under Sections 6 and 8 of Rule 110 of Rules of Criminal
Procedure, an information must contain the:
Name of the accused
Designation given to the offense by statute
Statement of acts or omissions constituting the offense
Name of offended party
Approximate time and date of commission of offense
Place where offense was committed
Void for vagueness and strict scrutiny
Cannot apply to criminal statute; prosecution may be
hampered if such were to apply, and no prosecutions
would be conducted. The courts cannot contemplate a
situation as if third parties were before it. (Spouses
Romualdez v. COMELEC, G.R. No. 167011, 2008).
In a situation where a court (in a fused laction for the
enforcement of criminal and civil liability) may validly order
an accused-respondent to pay an ob igation arising from a
contract, a person's right to be notified of the complaint,
and the right to have the complaint dismissed if there is no
cause of action, are completely defeated. If the accused-
respondent is completely unaware of the nature of the
liability claimed against him or her at the onset of the case,
he is blindsided. It is a clear violation of a person's right to
due process. (Gloria S. Dy v. People of the Fhilippines, GR
No. 189081, August 10, 2016)
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
7. Right to Speedy Trial
Factors used in determining whether the right to a
speedy trial has been violated:
7. Time expired from the filing of the information
8. Length of delay involved
9. Reasons for the delay
10. Assertion or non-assertion of the right by the accused
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POLITICAL LAW
11. Prejudice caused to the defendant (Bernas, The 1987
Constitution: A Comprehensive Reviewer 2011).
Remedy if the right to speedy trial was violated:
He can move for the dismissal of the case
If he is detained, he can file a petition for the issuance
of writ of habeas corpus (Bernas, The 1987
Constitution: A Comprehensive Reviewer 2011).
Dismissal based on the right to speedy trial -
If the dismissal is valid, it amounts to an acquittal and
can be used as basis to claim double jeopardy. This
would be the effect even if the dismissal was made with the
consent of the accused (Bemas, The 1987 Constitution: A
Comprehensive Reviewer 2011).
Speedy Trial v. Speedy Disposition of Cases
The right to a speedy trial is available only to an accused
and is a peculiarly criminal law concept, while the broader
right to a speedy disposition of cases may be tapped in any
proceedings conducted by state agencies. In this case, the
appropriate right involved is the right to a speedy
disposition of cases, the recovery of ill-gotten wealth being
a civil suit. (Coconut Producers Federation, Inc. et al. v.
Republic of the Philippines; Wigberto E. Tanada, et al.,
intervenors; Danilo S. Ursua v. Republic of the Philippines,
G.R. Nos. 177857-58 & G.R. No. 178193, 2012).
Right to Impartial Trial
The accused is entitled to the "cold neutrality of an
impartial judge." It is an element of due process.
Example: When a judge has previously convicted a person
of a crime i.e., arson, he should disqualify himself from
hearing another case involving the same person, but with
a different crime, i.e., malversation (Ignacio v. Villaluz,
G.R. No. L-37527-52, 1979).
Right to Public Trial
The attendance at the trial is open to all irrespective of their
relationship to the accused. However, if the evidence to be
adduced is offensive to decency or public morals, the
public may be excluded. (Garcia v. Domingo, G.R. No. L-
30104, 1973).
The purpose is to serve as a "safeguard against any
attempt to employ our courts as instruments of
prosecution." The knowledge that every trial is subject to
the contemporaneous review in the forum of the public
opinion is an effective restraint on possible abuse of
ATENEO CENTRAL
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judicial power. (Garcia v. Domingo, G.R. No. L-30104,
1973).
The right of the accused to a pub lc trial is not violated if
the hearings are conducted on Saturdays, either with the
consent of the accused or if he failed to object thereto.
8. RIGHT OF CONFRONTATION
Purposes of this right:
To afford the accused an opportunity to cross-examine
the witness
To allow the judge the opportunity to observe the
conduct or demeanor of the witness (Bernas, The 1987
Constitution: A Comprehensive Reviewer 2011).
Exceptions to the right to face w tnesses:
The admissibility of "dying declaratione
Trial in absentia under Section 14(2) I !
With respect to child testimony (Bernas, The 1987
Constitution: A Comprehensive Reviewer 2011).
Notes:
• If the failure of the accused to cross-examine a witness
is due to his own fault or was not due to the fault of the
prosecution, the testimony of the witness should be
excluded.
• It is demandable only during trials. Thus, it cannot be
availed of during preliminary investigations.
• Right of confrontation is available during trial which
begins only upon arraignment.
9 COMPULSORY PROCESS
The 1973 and 1987 Constitutions expanded the right to
compulsory process which now includes the right to
secure the production of evidence in one's Ibehalf. By
analogy, U.S. v. Ramirez which laid down the requisites
for compelling the attendance of witnesses, may be
applied to this expanded concept. Thus, the movant must
show:
A. that the evidence is really material; !
B. that he is not guilty of neglect in previously obtaining
the production of such evidence'
C. that the evidence will be available at the time desired;
and
D. that no similar evidence could be obtained (Bernas,
The 1987 Constitution: A Comprehensive, Reviewer
2011).
Page 140 of 320
POLITICAL LAW
Includes:
• Right to Secure Attendance of Witnesses
• Right to Production of Other Evidence
10. TRIAL IN ABSENTIA
Requisites: (ANU)
The accused has 'been validly Arraigned and
Accused has been duly Notified
His failure to appear is Unjustifiable. (Parada v.
Veneracion, 269 SCRA 371, 1997).
This is allowed to speed up disposition of criminal cases.
(People v. Salas, 143 SCRA 163, 1986)
Exceptions:
If the accused, after arraignment, has stipulated that he
is indeed the ,person charged with the offense and
named in the information; and that any time a witness
refers to a name by which he is known, the witness is
to be understood as referring to him.
The accused may waive the right to be present at the
trial by not showing up. However, the court can still
compel the attendance of the accused if necessary, for
identification purposes.
Promulgation of judgment
While the accused is entitled to be present during
promulgation of judgment, the absence of his counsel
during such promulgation does not affect its validity.
Promulgation of judgment in absentia is valid provided
that the essential elements are present:
• that the judgment be recorded in the criminal docket
• that a copy be served upon the accused or counsel.
Recording the decision in the criminal docket of the
court satisfies the requirement of notifying the accused
of the decision wherever he may be. (Estrada v.
People, G.R. No. 162371, 2005).
WHEN PRESENCE OF THE ACCUSED IS A DUTY
1. Arraignment and Plea
2. During Trial, for identification
3. Promulgation of Sentence
Exception: Light offense where accused need not
personally appear.
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RIGHT TO SPEEDY DISPOSITION OF CASES RIGHT AGAINST SELF-INCRIMINATION

All persons shall have the right to a speedy disposition of
their cases before all judicia , quasi-judicial, or No person shall be compelled to be a witness against
administrative bodies. (Phil. Const., art. 3, § 16). himself. (Phil. Const., art. 3, § 17)

Speedy disposition of cases is a relative term and must Concept

necessarily be a flexible concept. Factors to consider are:
It was established on the grounds of public policy (if the
length of delay, reason for delay, assertion of the right or
party were required to testify, it would place the witness
failure to assert it, and prejudice caused by delay.
under the strongest temptation to commit perjury) and
(Caballero v. Alfonso, Jr., 153 SCRA 153, 1987).
humanity (it would prevent the extorting of confessions by
duress). It is the duty of the prosecution, in order to convict
The fact finding investigation of the Ombudsman lasted
one of a crime, to produce evidence showing guilt beyond
nearly 5 years and 5 months. lit is clear that the
reasonable doubt. The accused cannot be called upon,
Ombudsman had taken an unusua ly long period just to
either by express words or acts, to assist in the production
investigate the criminal complaint and to determine
of evidence. The silence of the accused should not be
whether cases be filed against the respondents. It is
taken as proof against him. Further, the accused has the
incumbent for the State to prove that the delay was
right to rely on the presumption of innocence until the
reasonable which it failed. At no time should the progress prosecution proves him guilty of every element of the crime
and success of the preliminary investigation of a criminal with which he is charged. (United States v. Navarro, G.R.
case be made dependent upon the 'ratification of a treaty
No. 1272, 1904).
by the Senate that would provide to the prosecutorial arm
of the State, already powerful and overwhelming in terms
The right against self-incrimination is mandatory, as it
of its resources, an undue advantage unavailable at the
secures to a defendant a valuable and substantive right. It
time of the investigation. To allow the delay under those
is not merely a formal technical rule and the enforcement
terms would definitely violate fair play and nullify due
of which is left to the discretion of the court. The court may
process of law. The guarantee of speedy disposition of
not extract from an admission of guilt from the defendant's
cases under Section 16 of Article II applies to all cases
own lips and against his will. The court may not resort to
pending before all judicial, quasi-jud cial or administrative
compulsory disclosure, directly or indirectly, of facts usable
bodies. Thus, the fact-finding invest gation should not be
against him as a confession of the crime or the tendency
deemed separate from the preli inary investigation
of which is to prove the commission of the crime.
conducted by the Ombudsman if the aggregate time spent
for both constitutes inordinate and oppressive delay in the
Thus, the accused has:
disposition of the case. (People v. Sandiganbayan, G.R.
The right to forego testimony
Nos. 188165 & 189063, 2013).
The right to remain silent, unless he chooses to
Speedy Trial v. Speedy Disposition of Cases take the witness stand through the exercise of his
i own free will. The rule may apply even to a co-
SEC. 1,6 (SPEEDY defendant in a joint trial. (Chavez v. Court of
SEC. 14 (SPEEDY TRIAL)
DISPOSITION) Appeals, G.R. No. L-29169, 1968).
Only applies to the trial Covers all phases of
Scope and coverage
phase of criminal cases judicial, quasi-judicial and
administrative Prohibits the use of physical or moral compulsion to
proceedings extort communications from the accused
The Constitutional guarantee does not include the body of
the accused as evidence, when the same may be material.
Thus, the provision is against legal processes that extract
from the defendant's own lips, against his will, an
admission of guilt. The kernel of the privilege is testimonial
compulsion and not any other compulsion. A physical
examination for evidence is similar to introducing stolen
property taken from the person of the thief. (United States
v. Tan Teng, G.R. No. 7081, 1912).
Page 141 of 320
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Prohibits compulsion to perform positive testimonial
act.
The Constitutional guarantee is not limited to giving of
declaration, but extends to other means where one
effectively constitutes a witness against himself such as: 1)
testifying, 2) furnishing evidence, 3) being a witness.
Thus, the privilege is not limited precisely to testimony or
giving of oral testimony, but extends to ' all furnishing of
evidence by. other means than by word of mouth. It
includes the divulging of any fact which the accused has a
right to hold secret. Writing is sOmething more than a
mechanical act, as it requires application of intelligence
and attention. The witness is compelled ,to write, create,
make, or prepare, by means of the act of Writing, evidence
which does not yet exist and will be 'later on used against
him as falsifier. Simply put, what is required in the instant
case is for the petitioner to perform a positive, testimonial
act, to write and give a specimen of his handwriting for the
purpose of comparison, which sets it apart -from other
cases, where the accused did not have to do anything but
be examined.
Self-incrimination clause covers documentary
evidence.
This does not apply to "records required by law to be kept
which are the appropriate subjects of governmental
regulation and where restrictions are validly established.
(Shapiro v. United States, 335 U.S. 1, 1948).
Proceedings for forfeiture of property are deemed
criminal or penal and, thus, the right against self-
incrimination is applicable.
"Forfeiture" is a divestiture of property, without
compensation, in consequence of a default or an offense.
It is imposed by way of punishment, not by the mere
conviction of the parties, but by the law-making power, to
insure a prescribed course of conduct (Cabal v Kapunan,
G.R. No. L-19052, 1962).
Unlike the search and seizure clause, which protects both
natural persons and corporations, the privilege against
self-incrimination is a personal one, *lying only to
natural individuals (Bernas, The 1987 Philippine
Constitution: A Comprehensive Rev ewer, 2011).
The rule has been established that refusal of an accused
to be a witness or of a witness to answer should in no
manner be used against them. The accused has the right
to forego testimony and remain silent, unless he takes the
witness stand out of his own free will The right against self-
Page 142 of 320
POLITICAL LAW
incrimination now comes within the right to privacy.
(Pascual Jr. v. Board of Examiners, G.R. No. L-25018, May
26, 1969).
The right against self-incrimination has been
expanded to cover other forms of proceedings or
compulsion:
1. It extends to all proceedings sanctioned by law
2. It extends to all cases in which punishment is sought to
be visited upon a witness, whether a party or not
3. It extends to both the accused, as well as a mere
witnesses in a prosecution
4. it protects equally in civil cases when incriminating
questions are asked
5. It applies to all kinds of courts
6. It covers litigious or non-litigious proceedings
7. It covers proceedings ex parte or otherwise
8. It covers all forms of interrogation before the courts
9. It extends to investigations conducted by legislative
bodies
10.1t now prohibits rendering incriminatory handwriting
specimens (Beltran v. Samson, G.R. No. 32025, 1929).
International and Foreign laws
Article 14(3)(g) of the ICCPR states that [no one shall] be
compelled to testify against himself or to confess guilt. (UN
International Covenant on Civil and Political Rights).
No person shall be compelled in any criminal case to be a
witness -against himself. (5th Amendment, US
Constitution).
APPLICATION
1. In criminal cases
2. In all other government proceedings, including civil
actions and administrative or legislative investigations.
(Bernas, The 1987 Constitution: A Comprehensive
Reviewer 2011).
The right may be invoked from the moment the accused is
asked to testify. A witness may assert the right only when
an incriminating question is asked. (Bernas, The 1987
Constitution: A Comprehensive Reviewer 2011).
Only natural persons can invoke the right. Juridical
persons are subject to the visitorial powers of the state in
order to determine compliance with the conditions of the
charter granted to them. (Bernas, The 1987 Constitution:
A Comprehensive Reviewer 2011).
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Prohibited v. Not Prohibited Examinations 2. Transactional immunity - grants immunity to the

witness from prosecution for an offense to which his
PROHIBITED NOT PROHIBITED compelled testimony relates.
What is prohibited is the The right does not prohibit
It is beyond dispute that said law belongs to the first type
use of physical or moral the examination of the
of immunity statutes (use immunity). It grants merely
compulsion to extort body of the accused or the
immunity from use of any statement given before the
communication from the use of findings with
witness or to otherwise elicit respect to his body as Board, but not immunity from prosecution by reason or on
the basis thereof. Merely testifying and/or producing
evidence which would not physical evidence.
exist were it not for the evidence do not render the witness immune from
actions compelled from the prosecution notwithstanding his invocation of the right
witness. against self- incrimination. He is merely saved from the use
against him of such statement and nothing more. Stated
The accused cannot be However, a third person in otherwise ... he still runs the risk of being prosecuted even
compelled to produce a custody of the document if he sets up his right against self- incrimination. The
private document in his may be compelled to dictates of fair play, which is the hallmark of due process,
possession that might tend produce it. demands that private respondents should have been
to incriminate him. informed of their rights to remain silent and warned that
any and all statements to be given by them may be used
Obtaining a sample of the Fingerprinting of an against them. This, they were denied under the pretense
handwriting of the accused accused would not violate that they are not entitled to it and that the Board has no
would violate this right if he
the rpht against self- obligation to so inform them. (Galman v. Pamaran, G.R.
is charged for falsification.
incrimination Nos. 71208-09 & 71212-13,1985).
,
(See U.S. v. Tan Teng, 23 Phil 145, 1912; People v
Otadora, 86 Phil. 244, 1950; BemaS, The 1987
Constitution: A Comprehensive Reviewer 2011). RIGHT AGAINST DOUBLE JEOPARDY

Incriminating question No person shall be twice put in jeopardy of punishment for

A question tends to incriminate when the answer of the
accused or the witness would establish a fact, which would
be a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.
(Isabela Sugar Co. v. Macadaeg, 98 Phil. 995, 1953).
Accused v. Ordinary Witness
ACCUSED ORDINARY WITNESS
Can refuse to take the Cannot refuse to take the
witness stand altogether witness stand; He can only
by invoking the right refuse to answer specific
against self-incrimination, questions that would
incriminate him in the
commission, of an offense.
(Bernas, The 1987 Constitution: A Comprehensive
Reviewer 2011).
IMMUNITY STATUTES
1. Use immunity - prohibits use of witness' cOmpelled
testimony and its fruits in any manner in connection
with the criminal prosecution. of the witness.
Page 143 of 320
the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
(Phil. Const, art. 3, § 21)
Section 7 of RA 10175 which provides for prosecution
under both the Revised Penal Code and the Cybercrime
Prevention Act was assailed as unconstitutional for
violating the rule on double jeopardy. The provision was
declared unconstitutional as to Section 4(c)(4) on Libel and
Section 4(c)(2) on Child Pornography. However, with
respect to the other prohibited acts, the Court left the
determination of the correct application of Section 7 to
actual cases. In relation to Section 4(c)(4) on Libel, the
Court said that if the published material on print, said to be
libelous, is again posted online or vice versa, that identical
material cannot be the subject of two separate libels. The
two offenses, one a violation of Article 353 of the Revised
Penal Code and the other a violation of Section 4(c)(4) of
R.A. 10175 involve essentially the same elements and are
in fact one and the same offense. Charging the offender
under both laws would be a blatant violation of the
proscription against double jeopardy. As to Section 4(c)(2)
on Child Pornography, the Court said that Section 4(c)(2)
merely expands the ACPA's scope so as to include
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identical activities in cyberspace. As previously discussed, Ylagan, 58 Phil. 851, v. Balisacan, G.R. No. L-
ACPA's definition of child pornography in fact already 1993) 26376, 1966)
covers the use of "electronic, mechanical, digital, optical,
3. If the information for an
magnetic or any other means." Thus, charging the offender
offense cognizable by
under both Section 4(c)(2) and ACPA would likewise be
the RTC is filed with the
tantamount to a violation of the constitutional prohibition
MTC. There is no
against double jeopardy. (Disini v. Sec. of Justice, G.R. No.
jurisdiction here. (People
203335, 2014)
v. lbasan, Sr, 129 SCRA
695, 1984)
Kinds of Jeopardy
4. If a complaint filed for
SAME OFFESE SAME ACT preliminary investigation
is dismissed. (People v.
"No person shall be twice "When an act is punished by Daco, L-17212, 1962)
put in jeopardy of a law and an ordinance,
punishment for the same conviction or acquittal under
offense." either shall const tute a bar The first jeopardy must have been terminated.
to another prosecution for 1. Acquittal;
the sane act." 2. Conviction; or
1 3. Dismissal without the express consent of the accused
Conviction, acquittal, or Only conviction or acquittal • Dismissal based on violation of the right to a
dismissal of the case — not dismissal without the speedy trial amounts to an acquittal
without the express express consent of the • Dismissal based on ,demurrer to evidence is a
consent of the accused accused — wil bar a dismissal on the merits
will bar a subsequent subsequent Prosecution.
• Dismissal on motion of the prosecution,
prosecution.
subsequent to a motion for reinvestigation
filed by-the accused
Requisites Discharge of an accused to be a state witness.
1. A first jeopardy must have attached prior to the second. This amounts to an acquittal.
2. The first jeopardy must have been terminated. • Dismissal on the merits
3. The second jeopardy must be for the same offense as
that in the first. (Bernas, The 1987 'Constitution: A If the first dismissal was based on the merits, there should
Comprehensive Reviewer, 2011) be no second prosecution. If the first dismissal was not
based on the merits and was erroneous, one should look
First jeopardy must have attached at whether the dismissal was with the consent of the
WHEN JEOPARDY WHEN JEOPARDY DOES accused. If not, there should be no second prosecution.
ATTACHES NOT ATTACH (Bernas, The 1987 Philippine Constitution: A
Comprehensive Reviewer, 2011)
(Code: CICAP) 1. If information does not
1. A person is Charged charge any , offense The second jeopardy must be for the same offense,
2. Under a complaint or (People v. 1 Judge one that includes or is necessarily included in the first
Information sufficient Consulta, 1L-41251, offense or is an attempt or frustration of the first.
in form and substance 1976) (Bernas, The 1987 Philippine Constitution: A
to sustain a conviction 2. If, upon pleading guilty, Comprehensive Reviewer, 2011)
3. Before a court of the accused presents
Competent evitence ; of complete Same Offense
jurisdiction self-defense, and the 1. Exact identity between the offenses charged in the first
4. After the person is cart thereafter acquits and second cases.
Arraigned him without entering a 2. One offense is an attempt to commit or a frustration of
5. Such person enters a new plea Of not guilty for the other offense.
valid Plea. (People v. accused. There is no 3. One offense is necessarily included or necessary
valid plea here. (People includes the other.

Page 144 of 320

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4. The situation is different when , one act violates two
different statutes or two different provisions of a statute.
The rule in such a case is that if the one act results in
two different offenses, prosecution under one is a bar
to prosecution under the other (Bernas, The 1987
Constitution of the Republic of the Philippines, 2011).
Same evidence test
Whether the evidence needed in one case will support a
conviction in the other. (U.S. v. Tan Oco, 34 Phil. 772,
1916)
However, this applies only in a more general sense, hence
it is the test laid down under Section 9 of Rule 117 of the
Revised Rules of Criminal Procedure that should apply.
This states that one offense must necessarily be included
in the other, i.e., whether one offense is identical with the
other or whether one offense necessarilyl includes or is
I
necessarily included in the other. Ideintity of offenses does
not require one-to-one correspondence betWeen the facts
and law involved in the two charges. (Bemas, The 1987
Philippine Constitution: A Comprehensive Reviewer, 2011)
Supervening Facts
A conviction for an offense will not bar a prosecution for an
offense which necessarily includes the offense charged in
the former information where:
1. The graver offense developed due to a supervening
fact arising from the same act or 'omission constituting
the former charge.
2. The facts constituting the graver offense became
known or were discovered only after the fil ng of the
former information.
3. The plea of guilty to the lesser offense was made
without the consent of the prosecutor and the offended
party. (ROC, Rule 117, § 7)
If the facts could have been discovered by the prosecution
but were not discovered because of the prosecution's
incompetence, it would not be considered a supervening
event.
If the accused appeals his convictiorl, he waives his right
to plead double jeopardy. The whole case will be open to
review by the appellate court. It ma even increase the
penalties imposed on the accused by the trial court. (Trono
v. US, 11 Phil. 726, 1905)
Page 145 of 320
POLITICAL LAW
MOTIONS FOR RECONSIDERATION AND APPEALS
Motions for Reconsideration
At any time before a judgment of conviction becomes final,
the court may, upon motion of the accused or at its own
instance, but with the consent of the accused, grant a new
trial or reconsideration. (ROC, Rule 121, § 1)
"From the phraseology of the rule, it is evident that a motion
for new trial or a motion for reconsideration applies when
the judgment is one of conviction; and it is the accused, not
the prosecution which avails of the same." (Riano, Criminal
Procedure, 583, 2014)
Appeals
Any party may appeal from a judgment or final order,
unless the accused will be placed in double jeopardy.
(ROC, Rule 122, § 1)
General Rule: The prosecution may not appeal an
acquittal, and an acquittal is immediately final. (ROC, Rule
120, § 7)
Exception: The prosecution may appeal an order of
dismissal when:
1. The dismissal is on motion or with the express consent
of the accused. (ROC, Rule 117, § 7)
• Exception to the Exception: If motion is based on
violation of the right to a speedy trial or on a demurrer
to evidence. (People v. Velasco, G.R. No. 140633,
2002)
2. The dismissal does not amount to an acquittal or
dismissal on the merits. (People v. Salico, 4 Phil. 722,
1949)
3. The question to be passed upon is purely legal.
(People v. Desalisa, L-15516, December 17, 1966)
4. The dismissal violates the right of due process of the
prosecution. (People v. Sandiganbayan et. al., G.R.
No. 164577, 2010)
5. The dismissal or acquittal was made with grave abuse
of discretion. (People v. Sandiganbayan et. al., G.R.
No. 164577, 2010)
Although, as a rule, dismissal of a criminal case may be
used to abate an administrative case based on the same
facts, the same does not hold true if it were the other way
around, that is, the dismissal of the administrative case is
being invoked to abate the criminal case. However, if the
two actions are based on the same facts and evidence,
such as in this case, dismissal in administrative case may
 ATENEO CENTRAL
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be used to negate criminal liability. (People v.
Sandiganbayan et. al., G.R. No. 164577, 2010).
Effect of an accused's appeal of his conviction
1. Waiver of right to double jeopardy
2. The appellate court may place a penalty higher than
that of the original conviction. (Trono V. United States,
199 U.S. 521,26 S.C.T. 121, 50 L. Ed. 2920, 1905)
DISMISSAL WITH CONSENT OF ACCUSED
General Rule: Equivalent to a waver of the defense of
double jeopardy.
Exception: When motion is based on:
Provisional Dismissal
A case shall not be provisionally dismissed except with the
express consent of the accused and with notice to the
offended party. (ROC, Rule 117, § 8).
The provisional dismissal of offenses ,punishable by
imprisonment not exceeding 6 years or a fine of any
amount, or both, shall become permanent 1 year after
issuance of the order without the case having been
revived. With respect to offenses punishable by
imprisonment of more than 6 years, their Provisional
dismissal shall become permanent 2 years afte issuance
of the order without the case having been revived.
A motion of the accused for a provisional dismissal of a
case is an express consent to such provisional dismissal.
If a criminal case is provisionally dismissed with the
express consent of the accused, the case may be revived
only within the periods provided in the new rule. On the
other hand, if a criminal case is provisionally dismissed
without the express consent of the accused or over his
objection, the new rule would not apply. The case may be
revived or refiled even beyond the prescribed periods
subject to the right of the accused to oppose the same on
the ground of double jeopardy or that such revival or
refiling is barred by the statute of I'mitations. (People v.
Panfilo Lacson, G.R. 149453, 2003)
INVOLUNTARY SERVITUDE
Involuntary servitude
Every condition of enforced or compulsory service of one
to another no matter under what form such servitude may
be disguised. (Rubi v. Provincial Boakd, 39 Phil. 660,
1919)
Page 146 of 320
POLITICAL LAW
Exceptions:
1. Punishment for a crime.
2. Personal military or civil service in the interest of
national defense.
3. In naval enlistment, a person who enlists in a merchant
ship may be compelled to remain in service until the
end of the voyage.
4. Posse Comitatus (every able-bodied person is
ultimately responsible for keeping peace) for the
apprehension of criminals.
5. Return to work order issued by the DOLE Secretary or
the President. Minors under patria potestas are obliged
to obey their parents. (Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 152, 2011)
RIGHT AGAINST EXCESSIVE FINES AND CRUEL
AND INHUMAN PUNISHMENT
Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for .compelling reasons
involving heinous crimes, the Congress hereafter provides
for it. Any death penalty already imposed shall be reduced
to reclusion perpetua. (Phil. Const., art. 3, § 19(1))
"It has been held that to come under the constitutional ban
on excessive and inhuman punishment, the punishment
must be 'flagrantly and plainly oppressive,' wholly
disproportiohate to the nature of the offense as to shock
the moral sense of the community.'" (People v. Estoista, 93
Phil. 647, 1953)
Cruel and inhuman
It involves torture or lingering suffering (e.g., being drawn
and quartered).
Degrading
It exposes a person to public humiliation (e.g., being tarred
and feathered, then paraded throughout town). •
Excessive fine
When under any circumstance, the fine is disproportionate
to the offense.
Guides for determining whether a punishment is
"cruel and unusual":
1. It must not be so severe as to be degrading to the
dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary society.
4. It must not be excessive.
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Note:
• It must serve a penal purpose more effectively than a
less severe punishment would. (Brennn concurring in
Furman v. Georgia, 408 U.S. 238, 1972)
• R.A. 9346 prohibited the imposition of the death
penalty. Only by an Act of Congress can it be reborn.
(Bernas, The 1987 Philippine Constitution: A
Comprehensive Reviewer, 154, 2011)
Death Penalty
Death penalty was abolished because: ,
• It inflicts traumatic pain not just on the convict but also
on his family, even if the penalty is not Carried out.
• There was no convincing evidence that it is effective
as a deterrent of serious crime.
• Penology favors reformative rather than vindictive
penalties.
• Life is too precious a gift to be placed at the discretion
of a human judge.
• The law itself, by imposing so many safeguards before
such is carried out, manifests a reluctance to impose
it. (Bernas, The 1987 Philippine Constitution: A
Comprehensive Reviewer, 154, 2011)
Legislature may re-impose it, subject to the following
conditions:
• That Congress defines what is meant by heinous
crimes.
• That Congress specify and penalize by death, only
those crimes that qualify as heinous in accordance with
the definition set in heinous crimes law or death penalty
law.
• That Congress, in enacting this death pena ty bill, be
singularly motivated by "compelling reasons involving
heinous crimes." (People v. Echegaray, G.R. No.
117472, 1997)
Under RA 7659: Heinous crimes are those Which are
grievous, odious, and hateful; and by reasori of their
manifest wickedness, viciousness, atrocity, and perversity,
are repugnant and outrageous to the common standards
and norms of decency and morality in a just, civilized, and
ordered society. (People v. Echegaray, G.R. No. 117472,
1997)
The duty of a judge when an accused pleads guilty to a
capital offense is to look into the evidence to see if death
is the proper penalty. (People v. Vinuya, G.R. NO. 125925,
1999)
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NON-IMPRISONMENT FOR DEBTS
No person shall be imprisoned for debt or non-payment of
a poll tax. (Phil. Const., art. 3, § 20)
Debt
A contractual obligation, whether express or implied,
resulting in any liability to pay money. Thus, all other types
of obligations are not within the scope of this prohibition.
(Bernas, The 1987 Philippine Constitution: A
Comprehensive Reviewer, 159, 2011)
If an accused fails to pay the fine imposed upon him, this
may result in his subsidiary imprisonment because his
liability is ex delicto and not ex contractu. (Aiejo v. Judge
Insert°, A.M. 1098 CFI, 1976)
A debtor may be imprisoned if the fraudulent debt
constitutes a crime such as estafa and has been duly
convicted. (Bemas, The 1987 Philippine Constitution: A
Comprehensive Reviewer, 2011)
EX POST FACTO LAWS AND
BILLS OF ATTAINDER
No ex post facto law or bill of attainder shall be enacted.
(Phil. Const., art. 3, § 22)
Ex post facto law
1. Makes an action done before the passing of the law,
and which was innocent when done, criminal, and
punishes such action.
2. Aggravates the crime or makes it greater than when it
was committed.
3. Changes the punishment and inflicts a greater
punishment than that which the law annexed to the
crime when it was committed.
4. Alters the legal rules of evidence and receives less
testimony than the law required at the time of the
commission of the offense in order to convict the
accused.
5. Assumes to regulate civil rights and remedies but in
effect imposes a penalty or deprivation of a right, which
when done was lawful.
6. Deprives a person accused of a crime of some lawful
protection to which he has become entitled such as the
protection of a former conviction or acquittal, or a
proclamation of amnesty. (Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 2011)
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The prohibition on ex post facto laws only applies to
retrospective penal laws. (Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 2011)
Characteristics of an ex post facto law:
1. Refers to criminal matters
2. Retrospective
3. Causes prejudice to the accused (Bemas, The 1987
Philippine Constitution: A Comprehensive Reviewer,
2011)
Instances When the prohibition on ex-post facto laws
is inapplicable:
1. Extradition treaty
2. Probation law
3. Change of court jurisdiction
4. House rental law (Wright v. CA, 1994; Fajardo v. CA,
1999; Lacson v. Executive Seoiretary, 1999; Juarez v.
CA, 1992)
Bill of attainder
An act by the legislature that inflicts punishment without
judicial trial. (Cummings v. Missouri, 4 Wall 277, 323 US,
1867)
The bill of attainder does not need to be directed at a
specifically named person. It may alsP refer to easily
ascertainable members of a group in sych a way as to
inflict punishment on them without judicial trial. (Cummings
v. Missouri, 4 Wall 277, 323 US, 1867)
Elements (LINaW)
1. There must be a Law
2. The law Imposes a penal burden
3. On a Named individual or easily ascertainable
members of a group
4. The penal burden is imposed directly by the law
Without judicial trial. (Bemas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 2011)
Petitioners challenge Section 20 of the Cybercrime
Prevention Act, alleging that it is a bill of attainder. The
argument is that the mere failure to comply constitutes a
legislative finding of guilt, without regard to situations
where non-compliance would be reasonable or valid. The
Section was upheld. Since the nor-compliance would be
punished as a violation of PD 1829, Section 20 necessarily
incorporates elements of the offense which are defined
therein. If Congress had intended for Section 20 to
constitute an offense in and of itself, it would not have had
to make reference to any other statute or Provision. Thus,
the act of non-compliance, for it to be punishable, must still
be done "knowingly or willfully." There must still be a
Page 148 of 320
POLITICAL LAW
judicial determination of guilt, during which, as the Solicitor
General assumes, defense and justifications for non-
compliance may be raised. Thus, Section 20 is valid
insofar as it applies to the provisions of Chapter IV which
are not struck down by the Court. (Disini v. Sec. of Justice,
G.R. No. 203335, 2014)
WRIT OF HABEAS CORPUS
The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when
the public safety requires it. (Phil. Const., art. 3, § 15)
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 the behalf (Sombong v. CA, G.R. No. 111876,
1990).
Privilege of the writ of habeas corpus
The right to have an immediate determination of the
legality of the deprivation of physical liberty.
The writ is never suspended. It always issues as a matter
of course. What is suspended is the privilege of the writ.
It requires deprivation of personal liberty:
• Physical compulsion or coercion
• Duress
• External moral compulsion
• Founded on groundless fear
• Erroneous belief in the existence of an imaginary
power of an imposter to cause harm if not blindly
obeyed
• Any psychological element that may curtail the
mental faculty of choice or the unhampered
exercise of the will
Suspension of the privilege of the writ of habeas
corpus
The President may suspend the privilege for a period not
exceeding 60 days. The grounds for the suspension of the
privilege are:
A. Actual invasion or actual rebellion
B. When the public safety requires the suspension
The suspension shall apply only to persons judicially
charged for rebellion or offenses inherent in or directly
connected with invasion. The criminal charge has to be
filed in court within 3 days because, otherwise, the person
shall be released. Thus, the suspension of the privilege will
not apply until such persons are placed in the custody of a
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judicial officer. Congress is given the power to revoke the
suspension and the President may not set aside such
revocation. Congress, upon the initiative of the President,
may also extend the suspension.l jThe Supreme Court,
upon the initiative of any citizen, ma review the sufficiency
of the factual basis of the suspension and must promulgate
its decision thereon within 30 days from filing.
What is suspended by the Executive is the privilege of the
writ and not the writ itself.
The Supreme Court has the power:
1. To determine arbitrariness in the manner of arriving at
the suspension
2. To determine the sufficiency of the factual basis of the
suspension
WRITS OF AMPARO, HABEAS DATA,
AND KALIKASAN
WRIT OF AMPARO
A remedy available to any person whose right to life, liberty
and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or
of a private individual or entity. (Sec. of Defense v. Manalo,
588 SCRA 42, 2008).
The Writ of Amparo does not cover threats to property. To
be entitled to a Writ of Amparo, petitioners must prove that
their rights to life, liberty, and security are being violated or
threatened by an unlawful act or omission. The intrusion
into their farm was merely a violation of property rights.
(Pador v. Arcayan, G.R. No. 18346, 2013).

The SC is empowered to determine whether, in fact, actual Examples of property rights not covered are:
invasion and rebellion exists and whether public safety
requires the suspension • Right to be restituted of personal belongings. It is
already subsumed under the general rubric of property
Habeas corpus cannot be used when: rights which are no longer protected by the writ of
1. To question the conditions of confinement; amparo. (Roxas v. Arroyo, G.R. No. 189155, 2010)
2. Once charges have been filed in 'court . • Merely seeking protection of property rights, like land in
possession of the petitioners (Castillo v. Cruz, G.R. No.
Limitations to the writ of habeas corpus 182165, 2009)
EXTENDS TO DOES NOT EXTEND TO • Violent incidents purely property-related such as acts of
terrorism in relation to a disputed land (Tapuz v. Hon.
All cases of illegal Quest ons of conditions of
Judge del Rosario, G.R. No. 182484, 2008)
confinement or detention by confinement but only to
which any person is the fact and duration of
deprived of his liberty, or by confinement. Two-fold Burden for Public Authorities
which the rightful custody of The burden for the public authorities to discharge in these
any person is withheld from It is not a means for the
situations, under the Rule on the Writ of Amparo, is two-
the person entitled to it. redress of grievances or to
seek injunctive relief or fold.
It is essential to inquire into damages. (In re: Major 1. The first is to ensure that all efforts at disclosure and
all manner of involuntary Aquino, G.R. 174994, investigation are undertaken under pain of indirect
restraint and to relieve a 2007). contempt from this Court when governmental efforts
person from it if such are less than what the individual situations require.
restraint is illegal. 2. The second is to address the disappearance, so that
the life of the victim is preserved and his or her liberty
and security restored. (Razon v. Tagitis, G.R. No.
182498, 2009).

The remedy of the writ of amparo provides rapid judicial

relief as it partakes of a summary proceeding that requires
only substantial evidence to make the appropriate reliefs
available to the petitioner; it is not an action to determine
criminal guilt requiring proof beyond reasonable doubt, or
liability for damages requiring preponderance of evidence,
or administrative responsibility requiring substantial

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evidence that will require full and exhaust ve proceedings.
(Razon v. Tagitis, G.R. No. 182498, 2009).
The framers of the Amparo Rule never intended Section
5(c) to be complete in every detail in stating the threatened
or actual violation of a victim's r ghts. As in any other
initiatory pleading, the pleader must of course state the
ultimate facts constituting the cause of action, omitting the
evidentiary details. In an Amparo petition, however, this
requirement must be read in light of the nature and
purpose of the proceeding, which addresses a situation of
uncertainty; the petitioner may not be able to describe with
certainty how the victim exactly disappeared, or who
actually acted to kidnap, abduct or arrest him or her, or
where the victim is detained, because these information
may purposely be hidden or covered up by those who
caused the disappearance. Section 5(e) imerely requires
that the Amparo petitioner (the respondent in the present
case) allege "the actions and recouses taken to determine
the fate or whereabouts of the aggrieved party and the
identity of the person responsible for the threat, act or
omission." (Razon v. Tagitis, G.R. o. 182498, 2009).
The petitioner in an amparo case has the burden of proving
by substantial evidence the indispensible element of
government participation. (Spouses Martin and Santiago v.
Tulfo, G.R. No. 205039, 2015).
1 justice thereof, or to any RTC of the place where the
Elements of an Enforced Disappearance
(1) That there be an arrest, detention, abduction or any
form of deprivation of liberty;
(2) That it be carried out by, or with the authorization,
support or acquiescence of, the Stat'e or a political
organization;
(3) That it be followed by the State or political
organization's refusal to acknowledge or
give information on the fate or whereabouts of the
person subject of the amparo
petition; and
(4) That the intention for such refusal is to remove the
subject person from the protection of the law for a
prolonged period of time. (Section 3(g) R.A. No. 9851;
Mison v. Gallegos, G.R. No. 210759, 2915)
WRIT OF HABEAS 1DATA I
Habeas Data
The writ of habeas data is a remedy available to any
person whose right to privacy in life, libeity or security
is violated or threatened by an unla)Afful ad or omission of
a public official or employee, or of a private individual or
entity engaged in the gathering, collecting, or storing of
Page 150 of 320
POLITICAL LAW
data or information regarding the person, family, home and
correspondence of the aggrieved party. (Sec.1)
Who may File
1. The aggrieved party
2. In cases of extralegal killings and enforced
disappearances:
a. any member of the immediate fmaily of the
aggrieved party (spouse, children and parents)
b. any ascendant, descendant or collateral relative of
thr aggrieved party within the 4th civil degree of
consanguinity or affinity in degault of those
mentioned in par.(a) (Sec.2)
Where to File
RTC where:
1. The petitioner resides
2. respondent resides, or
3. that which has jurisdiction over the place where the
data or information is gathered, collected or stored, at
the option of the petitioner
4. Supreme Court
5. Court of Appeals
6. Sandiganbayan
Where Writ must be Returned
1. If issued by the RTC or any judge thereof, it shall be
returnable before such court or judge
2. If issued by the CA or Sandiganbayan or any of its
justices, it may be returnable before such court or any
petitioner/respondent resides, or that which has
jurisdiction over the place where the date or information
is gathered, collected or stored
3. If issued by SC or any of its justices, it may be
returnable before such court or any justice thereof, or
before the CA, SB or any of its justices, or to any RTC
of the place where the petitioner/respondent resides, or
that which has jurisdiction over thr place where the date
or information is gathered, collected or stored (Sec.4)
Where Enforceable
Anywhere in the Philippines (Sec.4)
Petition
I. Verified
II. Must contain:
A. personal circumstances of the petitioner and the
respondent
B. manner the right to privacy is violated or threatened
and how it affects the right to life, liberty or security
of the aggrieved party
C. actions and recourses taken by the petitioner to
secure the data or information
D. the location of th efiles, registers or databases, the
government office, and the person in charge, in
possession or in control of the data or information,
if known
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E. the reliefs prayed for , which may include the
updating, rectification, suppression, or destruction
of the database or information or files kept by the
respondent (in case of threats, he releif may
include a prayer for an order enjoining the act
complained of)
F. such other relevant reliefs as are just and equitable
(Sec.6)
Issuance of the Writ
Court shall order the issuance of the writ if on its face it
ought to issue. The clerk of court shall issue the writ under
the seal of the court and cause it to be served within 3 days
from its issuance, or in case of urgent ,necessity, the
justice/judge may issue the writ under his own hand, and
may deputize any officer or person to serve it. The writ shall
also set the date and time for summary hearing of the
petition which shall not be later than 10 work days from the
date of its issuance. (Sec.7)
Effect when Writ Refused to Issue or Serve
Person who refuses to issue writ after its allowance or to
serve the same, shall be punished by the court, or justice
for contempt without prejudice to other disciplinary action
(Sec.8)
How Writ is Served
Writ shall be served upon the respondent by the officer or
person deputized by the court, justice or judge who shall
retain a copy on which to make a return of service. In case
the writ cannot be served personally on the respondent,
the rules on substituted service shall apply. (Sec.9)
Return
Respondent shall file a verified written return with
supporting affidavits within 5 work days from service of the
writ (period may be extended by the Court for justifiable
reasons) The return shall contain:
A. lawful defenses such as national security; state secrets,
privileged communication, confidentialitY of the source
of information of media and others;
B. in case of respondent in charge, in possession or in
control of the data or information subject of the petition
(i) disclosure of the date or information about the
petitioner, the nature of such data or information
and the purpose for its collection;
(ii) the steps or action taken by respondent to
ensure the security and confidentiality of the
data or info
(iii)the currency and accuracy of the data or info
held
C. other allegations relevant to the resolution of the
proceeding
Contempt
Court may punish a person who commits contempt by
making a false return or refusing to make a return, or
Page 151 of 320
POLITICAL LAW
otherwise disobeys or resists a lawful process or order of
the court. (Sec.11)
When Defenses may be heard in Chambers
A hearing in chambers may be conducted where the
respondent invokes the defense that the release of the
data or information in question shall compromise national
security or state secrets, or when the data or information
cannot be divulged to the public due to its nature or
privileged character. (Sec.12)
Filing of Return
In case the respondent fails to file a return, the court,
justice or judge shall proceed to hear the petition ex parte,
granting the petitioner such relief as the petition may
warrant unless the court in its discretion requires the
petitioner to submit evidence (Sec.14)
Judgment
After summary hearing the court shall render judgment
within 10 days from the time the petition is submitted for
decision. (Sec.16)
Return of Service
The officer who executed the final judgment shall, within 3
days from its enforcement, make a verified return to the
court. The return shall contain a full statement of the
proceedings under the writ and a complete inventory of the
database or information, or documents and articles
inspected, updated, rectified, or deleted, with copies
served on the petitioner and the respondent. The officer
shall state in the return how the judgment was enforced
and complied with by the respondent, as well as all
objections of the parties regarding the manner and
regularity of the service of the writ. (Sec.17)
Effect of Filing a Criminal Action
When a criminal action has been commenced, no separate
petition for the writ shall be filed. The reliefs under the writ
shall be available to an aggrieved party by motion in the
criminal case.(Sec.22)
Appeals
Any party may appeal from the judgment or final order to
the SC under Rule 45 to raise questions of fact or law or
both. The period of appeal shall be 5 work days from date
of notice of the judgment or final order. It shall have the
same priority as habeas corpus and amparo cases. (Sec.
19)
WRIT OF KALIKASAN
The writ is a remedy available to a natural or juridical
person, entity authorized by law, people's organization,
non-governmental organization, or any public interest
group accredited by or registered with any government
agency, on behalf of persons whose constitutional right to
a balanced and healthful ecology is violated, or threatened
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with violation by an unlawful act or omission of a public Reliefs available

official or employee, or private individual Or entity, involving
environmental damage of such magnitude as to prejudice
the life, health or property of inhabitants in two or more
cities or provinces. (A.M. No. 09-06-08-SC Section 1, Rule
7).
Where to file
The petition shall be filed with the Supreme Court or with
any of the stations of the Court of Appeals. (A.M. No. 09-
06-08-SC Section 3, Rule 7).
Contents of the petition
A. The personal circumstances of the petitioner;
B. The name and personal circumstances of the
respondent or if the name and personal circumstances
are unknown and uncertain, the respondent may be
described by an assumed appellation;
C. The environmental law, rule or regulation violated or
threatened to be violated, the act or omission
complained of, and the environmentaldamage of-such
magnitude as to prejudice the lire, health or property of
inhabitants in two or more cities or provinces.
D. All relevant and material evidence' Consisting of the
affidavits of witnesses, documentary evidence,
scientific or other expert studies, and if, possible, object
evidence;
E. The certification of petitioner under oath that: (1)
petitioner has not commenced any action or filed any
claim involving the same issues in any court, tribunal
or quasi-judicial agency, and no such other action or
claim is pending therein; (2) if there is such other
pending action or claim, a complete 'statement of its
present status; (3) if petitioner] should learn that the
same or similar action or claim has been filed or is
pending, petitioner shall report to the court that fact
within five (5) days therefrom; and
F. The reliefs prayed for which may include a prayer for
the issuance of a TEPO. (A.M. No. 09-06-08-SC
Section 2, Rule 7).
Within 60 days from the time the petition is submitted for
decision, the court shall render judgment granting or
denying the privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are the
following:
(5) .Directing respondent to permanently cease and desist
from committing acts or neglecting the performance of
a duty in violation of environmental laws resulting in
environmental destruction or damage;
(6) Directing the respondent public official, government
agency, •private person or entity to protect, preserve,
rehabilitate or restore the environment;
(7) Directing the respondent public official, government
agency, private person or entity to monitor strict
compliance with the decision and orders of the court;
(8) Directing the respondent public official, government
agency, or private ,parson or entity to make periodic
reports on the execution of the final judgment; and
(8) Such other reliefs which 'relate to the right of the people
to a balanced and healthfulnecology or to the protection,
preservation, rehabilitation or restoration of the
environment, except the award of damages to
individual petitioners. (A.M. No. 09-06-08SC Section
15, Rule 7).
end of topic

Within 3 days from the date of filing of the petition, if the

petition is sufficient in form and substance, the court shall
give an order: (a) issuing the writ; and (i)) requiring the
respondent to file a verified return as provided in Section 8
of this Rule. The clerk of court shall forthwith issue the writ
under the seal of the court includ'ng the issuance of a
cease and desist order and other temporary reliefs
effective until further order. (A.M. No. 09-06-08-SC Section
5, Rule 7).

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VII. CITIZENSHIP
TOPIC OUTLINE UNDER THE SYLLABUS
A. Who are Filipino Citizens
B. Modes of Acquiring Citizenship
C. Loss and Re-acquisition of Philippine Citizenship
D. Dual Citizenship and Dual Allegiance
E. Foundlings
WHO ARE FILIPINO CITIZENS
1. Those who are citizens of the Ph lippines at the time of
the adoption of the 1987 Constitution.
2. Those whose fathers or mothers are citizens of the
Philippines.
3. Those born before January 17, 1973 of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority.
4. Those who are naturalized in accordance with law.
(1987 Const, art. 4, § 1)
Rule for an illegitimate child of a foreign mother
• If the father is unknown, follow the mother's citizenship.
• If the father is known and is Filipino, the H egitimate child
is considered Filipino after proving the paternity.
(Tecson v. COMELEC, G.R. NO. 161434, March 3,
2004)
MODES OF ACQUIRING CITIZENSHIP
1. Jus Soli - Acquisition of citizeniship on the basis of
place of birth.
2. Jus Sanguinis - Acquisition of citizensh'p on the basis
of blood relationship.
3. Naturalization - the legal act of adopting an alien and
clothing him with the privilege of a native-born citizen
(Tecson v. COMELEC, 424 SCRA 277; Bemas, The
1987 Philippine Constitution: A Comprehensive
Reviewer, 2011 ed.)
The Philippines follows jus sanguinis and naturalization.
Naturalization is a mode for both acquisition (governed by
CA 473) and reacquisition (governed by CA 63) of
Philippine citizenship.
Election of Philippine citizenship
1. Prior to the 1973 Constitution - If a Filipina married an
alien, she loses her Filipino citizenship. Hence, her
child would have to elect Filipino citizenship upon
reaching the age of majority.
2. Under the 1973 Constitution - Children born of Filipino
mothers were already considered Filipinos.
Page 153 of 320
POLITICAL LAW
3. Therefore, the provision on election of citizenship under
the 1987 Constitution only applies to those persons
who were born under the 1935 Constitution.
4. In order for the children to elect Filipino citizenship, the
mothers must have been Filipinos at the time of their
marriage.
5. The election must be made within a reasonable period
after reaching the age of majority. (Cuenco v. Sec. of
Justice, 5 SCRA 108; Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 2011)
NATURALIZATION AND DENATURALIZATION
Who are natural born citizens?
1. Citizens of the Philippines from birth who do not need
to perform any act to acquire Philippine citizenship
2. Those who elect Philippine citizenship
3. Repatriated (1987 Const, art. 4, § 2)
Effects of naturalization:
1. The legitimate minor children of the naturalized father
become Filipinos as well.
2. The wife also becomes a Filipino citizen, provided that
she does not have any disqualification which would bar
her from being naturalized.
Qualifications
1. Not less than twenty-one years of age on the day of
the hearing of the petition;
2. Resided in the Philippines for a continuous period of
10 years or more;
3. Of good moral character; believes in the principles
underlying the Philippine Constitution; conducted
himself in a proper and irreproachable manner during
the entire period of his residence towards the
government and community
4. Must own real estate in the Philippines worth P5,000
or more OR must have lucrative trade, profession, or
lawful occupation;
5. Able to speak or write English or Spanish or anyone of
the principal languages; and
6. Enrolled his minor children of school age in any of the
recognized schools where Philippine history,
government and civics are taught or prescribed as part
of the school curriculum, during the entire period of the
residence in the Philippines required of him. (Sec. 2,
C.A. 473)
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Special Qualifications 6. Express Renunciation of citizenship (C.A. No. 63, sec.

ANY will result to reduction of the 10-year period to 5 1)
years
1. Having honorably held office under the Government of Modes of re-acquiring citizenship (CORN):
the Philippines or under that of any of the provinces, 1. Direct act of Congress
cities, municipalities, or politica subdivisions thereof; 2. Naturalization
2. Established a new industry or introduced a useful 3. Repatriation (C.A. No. 63, sec. 2)
invention in the Philippines;
3. Married to a Filipino woman;
Repatriation
4. Engaged as a teacher in the Philippines in a public or
recognized private school not established .for the Natural-born Filipinos who are deemed to have lost their
exclusive instruction of children of persons of a citizenship may re-acquire the same via repatriation
particular nationality or race, in any of,the branches of proceedings. This involves taking an oath of allegiance and
education or industry for a period of 2 years or more; filing the same with the civil registry. (C.A. No. 63, sec. 4)
Or
5. Born in the Philippines (Sec. 3, C.A. 473). Repatriation is not a matter of right, but it is a privilege
granted by the State. The State has the power to prescribe
I by law the qualifications, procedure, and requirements for
Direct Naturalization Derivative repatriation. ft has the power to determine if an applicant
Naturalization for repatriation meets the requirements of the law for it is
an inherent power of the State to choose who will be its
Citizenship is acquired by an Citizenship conferred
citizens, and who can reacquire citizenship oncelt is lost.
alien through: or:
(Tabasa v. CA, G.R. No. 125793, August 29, 2006)
1. Judicial naturalization 1 Wife of naturalized
under CA 473 husband As distinguished from the lengthy process of naturalization,
2. Administrative 2 , MinOr children of repatriation simply consists of the taking of an oath of
,
naturalization under RA naturalized person allegiance to the Republic of the Philippines and
,
9139 3 Alien, woman upon registering said oath in the Local Civil Registry of the place
3. Legislative naturalization marriage to a where the person concerned resides or last resided. He
in the form of a law natiOnal would not even need to file a petition in court. (See
enacted by Congress, I
1 Bengson III v. HRET, G.R. No.142840, 2007)
bestowing Philippine ,,
citizenship to an alien. RA 9255 v. RA 8171

RA 9225
LOSS AND RE-ACQUISITION OF PHILIPPINE RA 8171
(Citizen Retention and
CITIZENSHIP (Repatriation)
Re-acquisition Act)

Marriage of a Filipino with an alien Citizens who lost their The only persons entitled to
citizenship by reason of repatriation are the
General Rule: The Filipino retains Philippine citizenship their naturalization as following:
Exception: By their act or omission they are deemed, citizens of a foreign 1. Filipino women who lost
under the law, to have renounced it. (1987 Const, art. 4, § country are deemed to their Philippine
4) have reacquired their citizenship by marriage
Philippine citizenship to aliens
How citizenship is lost: (CAND011) upon taking the oath of 2. Natural-born Filipinos,
allegiance. including their minor
1. Cancellation of certificates of naturalization children who lost their
2. Serving in the Armed forces of an enemy country Philippine citizenship on
3. Naturalization in a foreign country account of political or
4. Being a Deserter of the armed forces of the country economic necessity
5. By subscribing to an Oath of allegiance to the laws or
constitution of a foreign country

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Exception to those entitled to be repatriated: (OVM2)
1. Person Opposed to organized government or affiliated
with any association or group of persons who uphold
and teach doctrines opposing organized government;
2. Person defending or teaching the necessity or propriety
of Violence, personal assault, or association for the
predominance of their ideas;
3. Person convicted of crimes involving Moral turpitude;
Or
4. Person suffering from Mental alienatiolh or incurable
contagious diseases.
The Court held that the Constitutional Commission
provided for an exception to the adual residency
requirement of Section 1 with respect to qualified Filipinos
abroad. The same Commission has n effect declared that
qualified Filipinos who are not in the Philippines may be
allowed to vote even though they do rlot satisfy the
residency requirement in Section 1, Article V of the
Constitution. (Loida Nicolas-Lewis v. COMELEC, G.R. No.
162759, August 4, 2006, citing Macalintal v. COMELEC)
Reckoning point of determining or establishing the
domicile of a person who was repatriated under R.A.
No. 9225
The domicile is not established strictly from the time that a
person was repatriated under R.A. No. 9225. The Court
said that other evidence may be admited tol determine the
time that domicile is established. Also, issue of residence
could be decided particularly on the facts-of-the-case
basis, as what would a series of jurisprudence would also
dictate. Hence, domicile cannot strictly be eStablished only
from a person's repatriation. (Poe-Llamanzares v.
Comelec et al., G.R. Nos. 221697 & 2216984700, March 8,
2016)
DUAL CITIZENSHIP AND DUAL ALLEGIANCE
Derivative Citizenship
The unmarried child (whether legitimate, illegitimate or
adopted) below 18 years old of those who re-acquired the
citizenship shall likewise be deemed as citizens of the
Philippines. (RA 9225, sec. 4)
R.A. 9225 provides that a Filipino who has previously
renounced his Filipino citizenship can reacquire it without
renouncing his foreign citizenship. Likewise, a Filipino who
acquires foreign citizenship after the effectivity of R.A.
9225 retains his Filipino citizenship. R.A. 9225 is a law
about dual citizenship not dual allegiance. (AASJS v.
Datumanong, G.R. No. 160869, May 11, 2007)
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R.A. 9225, however, requires that those who acquired dual
citizenship must specifically renounce foreign citizenship
upon filing of candidacy.
Dual Citizenship v. Dual Allegiance
DUAL CITIZENSHIP DUAL ALLEGIANCE
Result of the concurrent A person simultaneously
application of the laws of owes, by some positive
two or more states, a person act, loyalty to two or more
is simultaneously states.
considered a citizen of
those states.
Involuntary and legal Voluntary and illegal
Unlike those with dual allegiance, who must, therefore, be
subject to strict process with respect to the termination of
their status, for candidates with dual citizenship, it should
suffice if, upon the filing of their certificates of candidacy,
they elect Philippine citizenship to terminate their status as
persons with dual citizenship considering that their
condition is the unavoidable consequence of conflicting
laws of different states. (Mercado v. Manzano, G.R. No.
135083. May 26, 1999)
The continued use of foreign passport render the
renunciation of foreign citizenship nugatory. The
renunciation of foreign citizenship must be complete and
unequivocal. The requirement that the renunciation must
be made through an oath emphasizes the solemn duty of
the one making the oath of renunciation to remain true to
what he has sworn to. Allowing the subsequent use of a
foreign passport because it is convenient for the person to
do so is rendering the oath a hollow act. It devalues the act
of taking of an oath, reducing it to a mere ceremonial
formality. (Maquiling v. COMELEC, G.R. No. 195649,
2013).
FOUNDLINGS
As a matter of law, foundlings are, as a class, natural-born
citizens. While the 1935 Constitution's enumeration is
silent as to foundlings, there is no restrictive language
which would definitely exclude foundlings either. No such
intent or language permits discrimination against
foundlings. On the contrary, all three Constitutions (1935,
1973, 1987) guarantee the basic right to equal protection
of the laws. All exhort the State to render social justice
(Poe-Llamanzares v. COMELEC, G.R. No. 221697 2016).
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VIII. LAW ON PUBLIC OFFICERS GENERAL PRINCIPLES

TOPIC OUTLINE UNDER THE SYLLABUS Public Office

The right, authority, and duty created and conferred by law,
A. General principles by which for a given period, either fixed by law or enduring
B. Modes of acquiring title to public office at the pleasure of the appointing power, an individual is
C. Kinds of appointment invested with some portion of the sovereign functions of
D. Eligibility and qualification requirements the government, to be exercised by him for -the benefit of
E. Disabilities and inhibitions of public officers the public. (Agpalo, Administrative Law, Law on Public
F. Rights and liabilities of public officers Officers and Election Law, 247-48, 2005)
G. De facto vs. de jure officers
H. Termination of-official ,relation Law on Public Officers
The Civil Service This branch of law deals with public office, its creation,
J. Personnel actions modification and dissolution, as well as the eligibility of
K. Accountability of public officers public officers, the manner of their election or appointment
1. Discipline and assumption of office, their rights, duties, powers,
a. Grounds inhibitions, and liabilities and the modes of terminating their
b. Jurisdiction official relations.
c. Dismissal, preventive suspension,
reinstatement and back salaries Public Office Refers to Either Two Concepts:
d. Condonation doctrine 1. Functional unit of government — It is within the
2. Impeachment framework of.government organization, and refers
3. The Ombudsman to any major functional unit of a department or
a. Functions bureau including regional-office.
b. Judicial review in penal proceedings 2. Position - Held by an individual whose functions
4. Office of the Special Prosecutor are defined by law or regulation (Agpalo,
5. The Sandiganbayan Administrative Law, Law on Public Officers and
Election Law, 247, 2005)

Public,Office Not a Property Right

It is not a property right but a protected right. It cannot be
taken from its incumbent without due process. It isproperty
in the broad sense since the right to hold office includes
everything of pecuniary value to its possessor. The right to
public office is protected by the right to security of tenure,
which is guaranteed by the Constitution. A public office is
personal to the public officer and is not transmissible to his
heirs upon his death. No heir may be allowed to continue
holding his office in his place. (Segovia v. Noel, 47 Phil.
543, 1925)

How created:
1. By the Constitution (e.g. Office of the President)
2. By valid statutory enactments (e.g. Office of the
Insurance Commissioner)
3. By authority of the law (e.g. the Davide Commission)

Essential characteristics of "public office:"

1. Authority conferred by law;
2. Fixed tenure of office;
3. Power to exercise some of the sovereign functions of
government;
4. Key element of such test is that "officer is carrying out
a sovereign function:"
5. Essential elements to establish public position as
"public office" are:

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a. Position must be created by Constitution,
legislature, or through authority conferred by
legislature;
b. Portion of sovereign power of government
must be delegated to position;
c. Duties and powers mus1be defined, directly or
impliedly, by legislature or through legislative
authority;
d. Duties must be performed independently
without control of superior power other than
law; and
e. Position must have some permanency.
,
Elements of Public Office: (LSCII4 1
1. Created by Law or by authority of law; 1
2. Possesses a delegation of portion of Sovereign
powers of government, for benefit of the public;
3. Powers conferred and duties imposed defined by
Constitution, legislature, or by its authority;
4. Duties performed Independentlyiand on!y controlled by
law unless placed under genei'al control of superior
office or body; 1 3. Greater liability to account for misfeasance or
5. Permanent or continuous. (State v. Taylor, 144 N.W.
2d. 289,1966; Javier v. Sandiganbayan, G.R. 147026-
27, 2009).
amount. (Code of Conduct and Ethical Standards of Public
Officers)
Officer means any person holding any public office in the
govt. of the RP by virtue of an appointment, election, or
contract (executed bet. private person and government.
(RA 7080)
Employee
A person in the service of government or any of its
agencies, divisions, subdivisions, or instrumentalities.
(1987 Administrative Code)
Public Officer v. Employee, Distinguished
An officer is distinguishable from a mere employee in the
sense that:
1. Position has greater importance, dignity and
independence
2. Required to take an official oath, and to give an official
bond;
nonfeasance in office;
4. Tenure of office is usually different from that of an
ordinary employee

Public Officer v. Employee, Definitions I Classifications of Public Officer

I 1. Constitutional or statutory
Public Officer 1 2. National or local
A person whose duties, not being clerical in nature, 3. Legislative, executive or judicial
involves the exercise of discretion in the performance of 4. Lucrative or honorary
the functions of the government when used with reference 5. Discretionary or ministerial
to a person having authority to do a particular act or 6. Appointive or elective
perform a particular function in the exercise 'of government 7. Civil or military
power, officer includes any government employee, agent, 8. De jure or de facto
or body having authority to do so the act or exercise that
function. (1987 Administrative Code) MODES OF ACQUIRING
TITLE TO PUBLIC OFFICE
Any person, by direct supervision of the law, popular
election, or appointment by competent authority, shall take Appointment
part in the performance of public functions in the RP or The act of designation by the executive officer, board, or
shall perform in said government or for any qf its branches body to whom that power has been delegated, of the
public duties as an employee, agent, or subordinate individual who is to exercise the powers and functions of a
official, of any rank or class. Temporary performance of given office. It is to be distinguished from the selection or
public function is sufficient to constitute a person a public designation by a popular vote.
official. (RPC, art. 203)
Designation
Includes elective and appointive offi , ials arid employees, The mere imposition of new or additional duties upon an
permanent or temporary, whether in the classified or officer to be performed by him in a special manner. It
unclassified or exempt service (non-career or career), presupposes that the officer is already in the service by
receiving compensation, even nominal, from the virtue of an earlier appointment, performing other
government. (Anti-Graft and Corrupt Practices Act) functions.

Includes elective and appointive officials and employees, Election

permanent or temporary, whether iq the career or non- The act of selecting or choosing a person by popular vote
career service, including military and poke personnel., to occupy the office.
whether or not they receive compen ation, regardless of
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Commission
It is the written evidence of appointment.
ADpointment v Desi nation
APPOINTMENT DESIGNATION
I Congress adjourns). The appointment shall cease to be
As to nature
1
I at the adjournment of the next session of Congress,
Executive, Irrevocable Legislative, revocable
1 whether regular or special.
i
As to Effect
1 Temporary or acting appointments are those which last
Selection of an individual Mere imposition by law of
who is to exercise the additional duties on an
functions of a given office incumbent official
Results in security of Does not result in security
tenure when completed of tenure
Can be subject of a protest Cannot be subject of a
before the CSC protest before the CSC
As to Effectivity
connoted permanency implies temporariness
Nature of Appointments
It is essentially a discretionary power and cannot be
delegated, it must be performed by the officer upon whom
it is vested according -to his best lights, the only condition
being that the appointee should possess -the qualifications
required be law. If he does, then the appointment cannot
be faulted on the ground that there are others better
qualified who should -have been preferred .(Luego v. Civil
Service Commission, GR No 69137, August 5, 1986)
Requisites for a Valid appointme11t
1. . Position is vacant
2. The appointing authority must be vested with the
power to appoint at the time appointment is made;
3. The appointee should possess all the qualifications
including appropriate civil service eligibility and non of
the disqualifications;
4. The appointee accepts the appointrne,nt by taking the
oath and entering into discharge of duty (Garces v. CA,
GR No. 114795, July 17, 1996)
Steps in a regular appointment (NCIAO
1. Nomination by President
2. Confirmation by Commission on Appointments (In
case of Presidential appointments, this confirmation
applies only to numbers 1 to 5 in the list of Officers that
the President shall appoint (see below))
3. Issuance of the commission or the written authority
from a competent source given to the officer as his
warrant for the exercise of the powers and duties of the
office to which he is commissioned.
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4. Acceptance by the appointee
5. Oath and assumption
Ad interim appointments are made while Congress is
NOT in session or during its recess, whether such recess
is voluntary (before adjournment) or compulsory (when
effective upon rejection by the COA, or if not acted upon,
until a permanent appointment is issued. The Commission
on Appointments cannot confirm their appointments
because confirmation presupposes a valid nomination or
ad-interim appointment. Thus, the appointee has no
personality to bring a quo warranto proceeding because he
is not entitled to office.
Steps in an ad-interim appointment (AIAC)
1. Appointment by the appointing authority
2. Issuance of the commission
3. Acceptance by the appointee
4. Confirmation by the CA
Steps for appointments that do not require
confirmation: (AIA)
1. Appointment by the appointing authority
2. Issuance of the commission
3. Acceptance by the appointee
Absolute Appointment v. Confirmation Required
It is long settled in the law that where the power of
appointment is absolute, and the appointee 'has been
determined upon, no further consent or approval is
necessary, and the formal evidence of the appointment,
the commission, may issue at once. However, where the
assent or confirmation of some other officer or body is
required, the commission can issue or the appointment
may be complete only when such assent or confirmation is
obtained. In either case, the appointment becomes
complete when the last act required of the appointing
power is performed. Until the process is completed, the
appointee can claim no vested right in the office nor invoke
security of tenure. (Corpuz v. CA, G.R. 123989, 1998)
Where the power of appointment is absolute and the
appointee has been determined upon, no further consent
or approval is necessary and the formal evidence of the
appointment, the commission, may issue at once. The
appointment is deemed complete once the last act
required of the appointing authority has been complied
with. A written memorial that can render title to public office
indubitable is required. This written memorial is known as
the commission. For purposes of appointments to the
judiciary, therefore, the date the commission has been
signed by the President is the date of the appointment.
Such date will determine the seniority of the members of
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the Court of Appeals in connection with Section 3, Chapter
I of BP 129, as amended by RA 8246. In other words, the
earlier the date of the commission of an, appointee, the
more senior he is over the other sebsequent appointees.
(Re: Seniority among the four most recent eppointments to
the position of Associate Justices o the Court of Appeals,
A.M. 10-4-22-SC, 2010)
Modes and Kinds of Appointment
General Rule: Acceptance of appointment is not
necessary for the completion or validity of appointment.
Exception: Acceptance is necessary to possession of
office, and to enable appointee to the enjoyment and
responsibility of an office.
General Rule: An appointment to an office, once made
and complete, is not subject to reconsideration or
revocation.
Exception: An officer is removable at the will of the
appointing power.
Acceptance may be express when it is done verbally or in
writing. Acceptance is implied when, without formal
acceptance, the appointee enters upon the exercise of the
duties and functions of an office.
KINDS OF APPOINTMENT
Kinds of Appointment under the Civil Service Law
1. Permanent appointments - issued to a person who
meets all the requirements for the position to which he
is being appointed, including the appropriate eligibility
prescribed, in accordance with the provisions of the
laws, rules, and standards pro ulgated in pursuance
thereof.
2. Temporary appointments - issued in the absence of
any eligibles, when necessary to public interest, in
order to fill a vacancy with a person wh'o meets all the
requirements for the position to Which he/she is being
appointed, except the appropriate civil service
eligibility.
• Appointment in an acting capacity is merely
temporary, one which is good only until another
appointment is made to take its place
• Temporary appointments shall nOt exceed 12
months.
o The appointee may be replaced sooner if a
qualified civil service eligible becomes
available.
o Where a temporary appointee acquires civil
service eligibility during his tenure as such,
his temporary appointment does not thereby
automatically become permanent. What is
required is a new appointment.
o Temporary appointment given to a non-civil
service eligible is without a definite tenure and
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POLITICAL LAW
is dependent upon the pleasure of the
appointing power.
o Acquisition of civil service eligibility during
tenure of a temporary appointee does not
necessarily translate to permanent
appointment. A new appointment which is
permanent is necessary. (Province of
Camarines Sur v. CA, G.R. No. 104639, 1995)
o Power of President to make temporary
appointment: The President may temporarily
designate an officer already in the government
service or any other competent person to
perform the functions of an office in the
executive branch, appointment to which is
vested in him by law, when:
1. The officer regularly appointed to the
office is unable to perform his duties by
reason of illness, absence or any other
cause; or
2. there exists a vacancy
• Instances of Temporary Appointment
1. appointee does not possess civil service
eligibility
2. appointment by the President in an
executive office during the absence or
incapacity of the incumbent
3. designation as officer in charge
4. appointment held at the pleasure of the
appointing power
3. Regular Appointment —made by the President while
Congress is in session and becomes effective after the
nomination is confirmed by the Commission on
Appointments.
4. Provisional appointment - A person who has not
qualified in an appropriate examination but who
otherwise meets the requirements for appointment to
a regular position in the competitive service, whenever
a vacancy occurs and the filling thereof is necessary in
the interest of the service and there is no appropriate
register of eligibles at the time of appointment.
5. Ad Interim Appointment— it is made while Congress
is not in session, before confirmation by the CA; it is
immediately effective, and ceases to be valid if
disapproved or by-passed by the CA or until the next
adjournment of the Congress.
6. Midnight Appointment — made by the President or
acting president within 2 months immediately before
the next presidential elections and up to the end of his
term, whether or not it is confirmed by the Commission.
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Officers that the President Shall Appoint: 4E-MA2C-
JC2AR-NL2)
1. Heads of Executive departments
2. Ambassadors
3. Other public Ministers and coneuls
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
COMELEC
d. The Chairman and Commissioners of the
Commission on Audit
e. Members of the Regional Consultative
Commission
6. Officers whose appointments are I Not otherwise
provided for by law
7. Officers whom the president maybe Othorized by Law
to appoint
8. Officers Lower in rank whose appointments the
Congress, by law, vested in the President
Constitutional Limitations on the Presidential Power to
Appoint:
1. Nepotism (see discussion and exceptions below)
2. Midnight appointments
3. Those relating to an Acting President (Sections 13, 14
and 15 of Art. VII)
The constitutional limitations refer to appointments in the
executive and not the judicial branch of government. (De
Castro v. JBC, G.R. 191002, 2010)
Revocability of Appointment
General Rule: Appointment to an ?ffice once made and
completed, is not subject to reconsderation or revocation
because revocation after a complete appointment is
tantamount to removal.
Exception: Where the appointment is temporary. (Ong v.
Office of the President, GR No 184219, January 30, 2012)
Nepotism
Since a public office is a public trust, created for the benefit There can be no appointment to a non-vacant position.
and in the interest of the people, appointments thereto
should be based solely on merit and fitness uninfluenced
by any personal or filial consideration. , 1. Impeachment
1. The Constitution prohibits the President from
appointing ,his close relatives (within the 4th civil
degree by consanguinity or affinity to the president or
his spouse) to high positions in government during his
tenure. No relative of the President, within the 4th civil
degree, shall be appointed to/as:
a. Constitutional Commiss on
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POLITICAL LAW
b. The Office of the Ombudsman
c. Secretary of a Department
d. Undersecretary of a Department
e. Chairman or Head of Bureaus of Offices
f. Any GOCC
g. Any GOCC subsidiary
2. Under the Civil Service Decree, all appointments in the
national, provincial, city, and municipal governments
or in any branch or instrumentality, including GOCCs,
made -in favor of the appointing or recommending
authority, or of the chief of the bureau of the office, or
of persons exercising supervision over him, are
prohibited. As used in the Civil Service Law, the term
"relative" and members of the family referred to those
within the 3rd degree of consanguinity or affinity.
Exceptions: (CTAP)
1. Persons employed in Confidential capacity
2. Teachers
3. Physicians
4. Members of AFP
The restriction shall not be applicable to any member who,
after his or her appointment to any position in an office or
bureau, contracts marriage with someone in the same
office or bureau. In this event, the employment or retention
therein of both husband and wife may be allowed.
The mere issuance of appointment in favor of a relative
within the third degree of consanguinity or affinity is
sufficient to constitute nepotism. Also, even if the case is
one of falsification of public document, the requirement of
disclosure of relationship to the appointing power in the
local government units simply aims •to ensure strict
enforcement of the prohibition against nepotism. (Galeos
v. People, G.R. 174730-37, 2011)
The rule on nepotism also applies to designations made in
favor of a relative of the authority making a designation. A
designation accomplishes the same purpose as
appointment. (Laurel v. Civil Service Commission, G.R.
No. 71562, 1991)
Vacancy
There is a vacancy when an office is empty and without a
legally qualified incumbent appointed or elected to it with a
lawful right to exercise its powers and perform its duties.
CAUSES: (I RACED PAR2C)
2. Removal from office or resignation of the incumbent
3. Abandonment
4. Conviction of a crime
5. Expiration of term
6. Death
7. Permanent disability
8. Acceptance of incompatible office
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9. Reaching the age limit

10. Recall for judgment or discretion.
11. Creation of a new office
It is susceptible of General Rule: It cannot be
delegation and can be delegated to another
For appointments not needing confirmation, removal may compelled by judicial Exception: Power of the
be by President or officer designated by law. If the action. President to conclude
appointment is permanent, removal is allowed only for
treaties may be assigned
cause.
to a treaty panel, which
can negotiate the treaty on
Principles of Vacancy
his behalf, under his
1. A person no matter how qualified cannot be
instructions and subject to
appointed to an office which is not vacant (Costin
his approval.
v Quimbo, GR No 32271, January 27, 1983)
2. One who is legally dismissed from office is, by
fiction of law, deemed not to have vacated his Ministerial v. Discretionary Powers:
office (Fernandez v Cuneta, GR No 14392, May Constitutional Duties of Public Officers
30, 1960) 1. To be accountable to the people, to serve them with
utmost responsibility, integrity, loyalty, and efficiency;
Powers and Duties of Public Officers to act with patriotism and justice; and to lead modest
Extent of Powers lives;
1. Expressly conferred upon him by the law under 1. 498.Submit a declaration under oath of assets,
which he has been appointed or elected liabilities, and net worth upon assumption of officer and
2. Expressly annexed to the office by the law which thereafter as may be required;
created it or some other law referring to it 2. 499.0we the State and Constitution allegiance at
3. Attached to the office as an incident to it all times.

Duties of Public officers, In General

Consequence of Holding Office 1 Duty to obey the law
To hold an office means to possess or to occupy the office, 2. Duty to accept and continue in office;
or to be in possession and administration of the office, 3. Duty to accept burden of office;
which implies nothing less than the actual discharge of the 4. Duty as to diligence and care in the performance of
functions and duties of the office. Funa v. Agra, G.R. official duties;
191644, 2013) 5. Duty in choice and supervision of subordinates;
6. Duty to perform official acts honestly, faithfully, and to
Doctrine of necessary implication the best of his ability;
All powers necessary to the exercise of the power 7. Duty not to use his official power to further his own
expressly granted are deemed impliedly granted. The fact interest
that a particular power has not been expressly conferred
does not necessarily mean that it is not possessed by the Territorial Limitation and Duration of Authority
officer claiming it. The authority of all public officers is limited and confined to
that territory over which the law, by virtue of which they
claim, has sovereign force. The authority is limited in its
DISCRETIONARY exercise to that term during which he is by law invested
MINISTERIAL POWERS
POWERS with the rights and duties of the office.
1 ,
I
When it is absolute, When it requires the Alter Ego Principle
certain, and imperative exercise of reason and The acts of the Secretaries of the departments, performed
involving merely execution discretion in , determining and promulgated in the regular course of business are ,
of a specific duty arising how orl whether the act unless disapproved or reprobated by the President,
from fixed and designated shall be done or the course presumptively the acts of the President. (Carpio v
facts. pursued. Executive Secretary, GR No 96409, February 14, 1992)
,
Note: The law exacting its Note: The 1 Officer is
discharge prescribes and expected to discharge the
defines the time, mode, duty directly and not
and occasion of its through the intervening
performance with such mind of another.
. certainty that nothing is left 1
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Limits of the Alter Ego Doctrine
There are certain powers that are reserved to the President
Which cannot be exercised by the Secretaries of the
departments such as:
1. Declaration of Martial Law
2. Suspension of the privilege of writ of habeas corpus
3. Pardoning Power;
4. Purely discretionary powers
Principle of Hold, Over
In the absence of any express of implied constitutional or
statutory provision to the contrary, the public officer is
entitled to hold office until his successor shall have been
duly chosen and shall have qualified ( Lecaroz v.
Sandiganbayan, GR No 130872, Arrch 25, 1999)
Effect when law fixes specific date for the end of a term
When the law fixes a specific date for the end of the term,
there is an implied prohibition against hold-over (Nueno v
Angeles, GR no 89, February 1, 1946)
Nature of Officer during Hold-Over
During the period of hold-over, the public offcer is a de jure
officer (Bautista v Fajardo, GR No 13799, September 23,
1918)
Classifications of Powers and Duties
As to their'Nature
1. Ministerial — the law exacting its discharge prescribes
and defines the time, mode and occasion of its
performance and requires neither judgment nor
discretion. This kind of duty is susceptible of
delegation.
2. Discretionary — a public officer has the right to decide
how and when the duty shall be performed. A public
officer cannot delegate this kind of duty
General Rule: Mandamus will not lie for the performance
of a discretionary duty
Exceptions:
a. When the discretion granted is only as to the manner
of its exercise and not the discretion to act or not to act,
the court may require a general action
b. Grave abuse of discretion
As to the obligation of the officer to perform his powers and
duties
1. Mandatory —where the provisions of a statute relating
to public officers are intended for the protection of the
citizen and to prevent a sacrifice of his property, and
by a disregard of such provision, his rights might be
and generally would be injuriouly affected
2. Permissive — statutes define the time and mode in
which the public officers will discharge their duties, and
those which are obviously designed merely to secure
Page 162 of 320
POLITICAL LAW
order, uniformity, system and dispatch in public
business.
As to the relationship of the officer to his subordinates
1. Power of Control — power of an officer to manage,
direct or govern, including the power to alter or modify
or set aside what a subordinate had done in the
performance of his duties and to substitute his
judgment for that of the latter
2. Power of Supervision — it is the power of • mere
oversight over an inferior body and does not include
any restraining authority over such body. The officer
merely sees to it that rules are followed but he himself
does not lay -down such -rules, nor does he have the
discretion to modify or replace them.
ELIGIBIUTY AND QUALIFICATION REQUIREMENTS
Eligibility
state of being legally fit to be chosen.
-Eligible
Under the Admin Code, it is used to refer to a person who
obtains a-passing grade in a civil service examination and
whose name is entered in the register of eligibles from
which appointments must be made. (ADMIN CODE, Book
V, TITLE 1-a, sEC.5, pAR. (8))
Nature of right to hold Public Office
The right to-hold public officeis not a natural right. It exists
only because and ,by virtue of some law expressly or
impliedly creating and conferring it.
The qualifications which relate to an office must be
complied with by persons seeking that office. An election
or appointment to office of a person who is ineligible or
unqualified-gives him no right to hold the office.
Qualification
acts which a person is required to do before-entering upon
position. Means two things:
1. Endowments, qualities, or attributes that make an
individual eligible for public office
2. Act of entering into performance of public office
 ATENEO CENTRAL
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Two Meanin s of Qualification: An officer who misrepresented his or her qualification, e.g.
educational attainment and eligibility for government
WHEN REFERRING TO service, is guilty of plain and simple dishonesty as it refers
WHEN USED IN THE
THE ACT OF ENTERING to the act of intentionally making a false statement on any
SENSE OF
INTO THE material fact in securing one's appointment. (Momongan v.
ENDOWMENTS,
PERFORMANCE OF THE
QUALITIES OR Sumayo, A.M. No. P-10-2767, 2011)
FUNCTIONS OF A
ATTRIBUTES
PUBLIC OFFICE All public officers and employees shall take an oath or
1 1 affirmation to uphold and defend the Constitution. (Phil.
The individual must Failure of an officer to Const., art. IX-B, § 4)
possess the qualifications perforin an act required by
at the time of appointment law icould , ' affect the Limits on Legislature's Power to Prescribe
or election and officers
I title to the office. Qualifications:
continuously for as long as I. The legislature may not reduce or increase the
the official relationship Note: qualifications prescribed in an exclusive manner by the
continues. • Prolonged failure or Constitution.
refusal to take the 2. The legislature may prescribe only general
Note: office could result in qualifications.
• Property qualifications forfeiture of office. 3. The qualifications must be relevant to the office for
may not be imposed for • An oath of office taken which they are prescribed.
the exercise of the right before one who has no
to run for public office. authority to administer Where a person is prohibited from holding two offices at
• Loss of any of the oaill is no oath at all. the same time, his appointment or election to a second
qualifications during • One proc aimed and office may operate to vacate the first or he may be ineligible
incumbency will be a duly sworn in office, a for the second.
ground for termination. pul lic officer is entitled
to assume office and to A person who accepts and qualifies for a second and
I
exercise the functions incompatible office is deemed to vacate, or by implication,
1 ,
thereof. The pendency to resign from the first office. The same rule obtains where
1
of an election protest is the holding of more than one position is prohibited by
no sufficiebt basis to constitutional or statutory provision although the second
enjoin hirn from position is not incompatible with the first.
assuming office.
In the absence of constitutional inhibition, Congress has
Formal Qualifications: (CAP CARES) the same right to provide disqualifications that it has to
I. Citizenship provide qualifications for office.
2. Age
3. Political affiliation Those Prescribed by the Constitution
4. Civil service examination
POSITION QUALIFICATIONS
5. Ability to read and write
6. Residence
7. Education I. A natural-born citizen of the
8. Suffrage Philippines
2. A registered voter
Only accountable public officers or those who are 3. Able to read and write
President and 4. At least 40 years of age on the
entrusted with the collection and custody of public money,
and public ministerial officers whose actions may affect the Vice President day of the election; and
rights and interests of individuals are required to give an 5. A resident of the Philippines
official bond. for at least 10 years
immediately preceding such
election.
Improper notarization is not among the grounds for
disqualification as stated under the OEC and LGC. Apart 1. A natural-born citizen of the
from the qualifications provided for in the Constitution, the
Philippines
power to prescribe additional qualifications for elective
2. On the day of the election, is at
office and grounds for disqua ification therefrom, Senators
least 35 years of age
consistent with the constitutional provisions, is vested in 3. Able to read and write
Congress. (Amora v. COMELEC, G.R. 19228 2011) 4. A registered voter; and

Page 163 of 320

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5. 5. A resic ent of the Philippines 5. However, a majority thereof,

for not less than 2 years
immediately preceding the day
of the election.
1,
1. A natura -born 'citizen of the
Philippines
2. On the dey of the election, is at
least 25 years of age
3. Able to read and write
Members of the 4. Except the ' party-list
House of representatives, a registered
Representatives voter in the district in which he
shall be elected; and
5. A resident thereOfor a period
of not less than 1 year
immediately preceding the day
of the election. 1'
1. A natura -born c tizen of the
Philippines
2. A Member of the SC must be
at least 40 years of age; and
3. Must have been or 15 years or
Members of the more, a judge of a lower court
SC and lower or engaged in the practice of
collegiate court law in the Philippines.
4. 4. A member of the judiciary
must be a person of proven
competence, integrity, probity
and ind'ependence. (1987
Consti, art VIII, eec. 43))
1. Natural-born citizens of the
Philippines and
2. At the time of their
appointment, at least 35 years
Chairman and the of age h
Commissioners 3. With proven capacity for public
of the CSC administration; and
4. 4. Must not have been
candidates for l any elective
position in the elections
immediately preceding their
appointment.
1. Natural-born citizens of the
Philippines and 1
2. At the tirneH of their
appointment, at least 35 years
Chairman and the of age
Commissioners 3. Holders of a college degree;
of the COA and
4. Must not have been
candidate for any elective
positions in the rnmediately
preceding elections
Page 164 of 320
including the Chairman, shall •
be members of the Philippine
Bar who have been engaged
in the practice of law for at
least 10 years.
1. A natural-born citizens of the
Philippines
2. At the time of their
appointment, at least 35 years
of age
3. Certified Public Accountants
with not less than 10 years of
auditing experience, or
members of the Philippine Bar
Chairman and the
who have been engaged in the
Commissioners
practice of law for at least 10
of the COA
years; and
4. Must not have been•
candidates for any elective
position in the elections
immediately preceding their
appointment
5. At no time shall allNembers of
the Commission belong to the
same profession.
1. Natural-born citizens of the
Philippines; and
2. A majority of whom shall be
Chairman and
members of the Bar.
Members of the
3. The term of office and other
Commission on
qualifications and disabilities
Human Rights
of the Members of the
Commission shall be provided
by law.
DISABILITIES AND INHIBITIONS
OF PUBLIC OFFICERS
Disqualification
It is the presence of circumstances and qualities which
makes an individual ineligible from holding a public office.
Lack of disqualifications is itself a qualification.
Disqualifications: (IM RIPE C2ORN LG)
1. Mental or physical Incapacity
2. Misconduct or crime
3. Removal or suspension from office
4. Impeachment
5. Previous tenure of office
6. Being an Elective official
7. Consecutive terms
8. Having been a Candidate for any elective position
9. Holding more than One office
 ATENEO CENTRAL
BAR OPERATIONS 2019
10. Relationship with the appointing power
11. Office Newly created or the emo uments of which have
been increased
12. Grounds under the Local Government Code
General Rule: Appointive and elective officia s cannot hold
multiple employment or office during their tenure.
Exception: Appointive officials may hold other office when
allowed by law or by the primary funct ons of their
positions. (Sec 7, Art IX-B)
Exception to holding multiple offices:
1. Those provided for under the Constitution, such as:
a. President as head of NEDA (Art XI!, Sec. 9)
b. VP may be appointed as Cabinet Member (Art
VII, Sec. 3)
c. VP as Acting President Art VII, Sec.
i 7)
d. In and ex-officio capacity (CLU v. Exec. Sec.,
G.R. No. 83896, 1991) and 1 Const. art. IX-B, § 1(2); art. IX-C, § 1(2); Art. IX-D, §.
2. Posts occupied by Executive officials specified in
Section 13, Article VII without adIrtional ompensation
in ex officio capacities as pro ided by law and as
required by the primary functions of the officials'
offices. (Funa v. Agra, G.R. 191644, 2013)
General Disqualifications under the Constitution:
1. No candidate who lost in an election shall, within one
year after such election, be appointed to any office in
Government. (Phil. Const. art. IX-B, §VI)
2. No elective official shall be eligible for appointment or
designation in any capacity to any public office or
position during his tenure. (Phil Const. art. IX-B, §
70 D
3. Unless otherwise provided by law or by the primary
functions of his position, no appointive official shall
hold any other position in Government. (Phil. Const.,
art. IX-B, § 7(2))
Special Disqualifications under the Constitution:
1. The President, Vice-president, the Members of the
Cabinet, and their deputies or assistants shall not,
unless otherwise provided in the Constitution, hold any
other office or employment during their tenure. (Phil.
Const. art. VIII, §13)
2. 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 increase
during the term for which he was elected. (Phil. Const.
art. VI, §13)
3. The Members of the Supreme Court and of other
courts established by law shall not be designated to
Page 165 of 320
POLITICAL LAW
any agency performing quasi-judicial or administrative
functions. (Phil. Const. art. VIII, § 12)
4. No Member of a Constitutional Commission shall,
during his tenure, hold any other office or employment.
(Phil. Const. art. IX-A, § 2) The same disqualification
applies to the Ombudsman and his deputies. (Phil.
Const. art. XI, § 8)
5. The Ombudsman and his Deputies shall not be
qualified to run for any office in the election
immediately succeeding their cessation from office.
(Phil. Const. art. XI, § 11)
6. Members of Constitutional Commissions, the
Ombudsman and his deputies must not have been
Candidates for any elective position in the elections
immediately preceding their appointment. (Phil. Const.
art. IX-B, !X-C, IX-D, §. 1; art. XI, § 8)
7. Members of the Constitutional Commissions, the
Ombudsman and his deputies are appointed to a term
of seven (7) years, without reappointment. (Phil.
1(2); art. IX, §11)
8. The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall not
during his tenure be appointed as Members of the
Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government-owned or controlled corporations (Phil.
Constart. VII, § 13, Art. VII)
PD 807, Sec. 49 prohibits the appointment of a Senator or
Congressman to any office which may have been created
or emoluments thereof increased during the term for which
he was elected.
When the Constitution has attached a disqualification to
the holding of any office, Congress cannot remove it under
the power to prescribe qualifications as to such offices as
it may create. The Constitution imposes limitations on the
right of certain officials to hold more than one office at the
same time.
1. The President, Vice President, Members of the
Cabinet, their deputies or assistants shall not, unless
otherwise provided in the Constitution, hold any other
office or employment during their tenure.
2. A Senator or Member of the House of Representatives
may not hold any office or employment in the
Government, or any subdivision, agency, or
instrumentality, including GOCCS or their subsidiaries,
during his term (not tenure) without forfeiting his seat.
3. The members of the Supreme Court and of other
courts established bylaw shall not be designated to
any agency performing quasi-judicial or administrative
functions.
4. A member of the Constitutional Commission shall not,
during his tenure, hold any other office or employment.
5. During their tenure, the Ombudsman and his deputies
are subject to the same disqualifications and
ATENEO CENTRAL
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prohibitions as provided for members of the

in a any of their
Constitutional Commissions.
subsidiaries." (Local
6. Unless otherwise allowed by law or by the primary
Government Code, Sec.
functions of his position, no appointive official shall
94)
hold any other office or employment in the government
or any subdivision, agency, or instrumentality,
including GOCCs or their subs diaries. Power of Congress to Prescribe Disqualifications
7. No member of the armed forces in the active service In the absence of constitutional inhibition, Congress has
shall, at any time, be appointed or designated in any the same right to provide disqualifications that it has to
capacity to a civilian position in the government provide qualifications for office.
including GOCCs or any of the'r subsidiaries.
Restrictions
Spoils Systems and Political-Lame Ducks 1. Congress may not add disqualifications where the
i Constitution has provided them in such a way as to
SPOILS SYSTEM POLITICAL LAME indicate an intention that the disqualifications provided
DUCKS, shall embrace all that are to be permitted; and
• 2. When the Constitution has attached a disqualification
I
No elective official shall be No candidate who has lost to the holding of any office, Congress cannot remove
eligible for appointment or in any election shall, within it under the power to prescribe qualifications as to such
designation in any one 1 year I after such offices as it may create
capacity to any public election, be appointed to
office or position during his any office ' in the Divestment
tenure. (1987 Const, art. Government , of any When a public official is in a conflict-of-interest situation.
1
IX-B, sec. 7) government-owned or Such official must resign from his position in any private
controlled corporations or business enterprise within 30 days from his assumption of
The disqualification in any of its I,subsidiaries. office and/or divest himselfof his shareholdings or interest
subsists only during the ( /987 Const, Art. IX-B, within 60 days from such assumption.
tenure in office of the Sec.8)
I
elective official. He may be I I Duration of Qualification
appointed provided he Members a l the Civil Eligibility to an office should be construed as of a
forfeits his seat. Service shall 1 I not have continuing nature and must exist at the commencement of
been candidates for any the term and during occupancy of the office. The reckoning
Examples of exceptions: electiye position in the point in determining the qualifications of an appointee is
1. The Vice elections , immediately the date of issuance of the appointment and not the date
President may be preceding their of its approval by the CSC or the date of resolution of the
appointed as a appointment. (1987 Const, protest against it (CSC v de la Cruz, GR No 158737,
Cabinet member art. IX-B, sec. 1(1)) August 31, 2004)
2. A Congressman
may sit in the Persons required to take an Oath of Office under the
Judicial and Bar Constitution
Council 1. All public officers and employees
3. To be eligible to 2. President, VP, or the acting President
hold any other 3. All members of the AFP
office, the elected
official must first i Oath of Office
resign from his It is a qualifying requirement for a public office. Only when
office the public officer has satisfied this prerequisite can his right
to enter into the position 'be considered plenary and
Except kir losing
complete. Until then, he has none at all and for as long as
candidates 1in ' barangay
he has not qualified, the holdover officer is the rightful
elections no candidate
occupant.
who ost in any election Inhibitions
shall, within 1 year after
It is a restraint upon the public officer against the doing of
such election, be
certain acts which may be legally done by others.
appointed to any office in
the Government or any
Inhibitions under the Constitution
government-owned Or
1. The President, Vice-President, Cabinet Members and
controlled corporations or
their deputies and assistants shall not, during tenure,
Page 166 of 320
 ATENEO CENTRAL
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directly or indirectly practice any other profession,
participate in any business or be financially interested
in any contract with the Government They shall strictly
avoid conflict of interest in the conduct of their office.
2. No Senator or Member of the House may hold any
other office or employment in the Government during
his term without forfeiting his seat
3. No Senator or Member of the (louse may personally
appear as counsel before any court of justice or before
the Electoral Tribunal, or quasi-judic al and other
administrative bodies
4. No Senator or Member of the House shall directly or
indirectly, be interested financia ly in any, contract with,
or in any franchise or special privilege granted by the
Government, during his term of office
5. No Member of the Constitutional Commission shall,
during his tenure, hold any other office or employment.
Neither shall he engage in the practice of any
profession or in the active management or control of
business which in any way may be affected by the
functions of his office, nor shall he be financially
interested, directly or indirectly, n any contract with, or
in any franchise or special privilege granted by the
Government during his term of office. This inhibition
applies as well to the Ombudsman and his deputies.
6. No officer or employee in the civ I service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign.
Practice of Profession
1. All governors, city and municipality mayors, are
prohibited from practicing their profession or engaging
in any occupation other than the exercise of their
functions as local chief executives;
2. Sanggunian members may practice their professions,
engage in any occupation, or tech in schools, except
during session hours, Sanggunpn members who are
also members of the Bar shall not:
a. Appear as counsel beforie any court in any civil
case wherein a local government unit or any
office, agency or instrumentality of the
government is the adverse party
b. appear as counsel in any criminal case
wherein an officer or employee, of the national
or local government is eccused, of an offense
committed in relation to his office; ;
c. collect any fee for their appearance in
administrative proceeding invOl ing the local
government until of which he is ah Official; and
d. use property and personnel of the
Government except when the Sanggunian
member concerned is defending the interest of
the government
3. Doctors of medicine may practice their profession
even during official hours of work only drill Occasions of
emergency, provided that officials concerned do not
derive monetary compensation therefrom.
Page 167 of 320
POLITICAL LAW
RIGHTS OF PUBLIC OFFICERS
RIGHT TO OFFICE — JUST AND LEGAL CLAIM TO
EXERCISE POWERS AND RESPONSIBILITIES OF
PUBLIC OFFICE:
1. Right to Wages;
2. Right to Preference in Promotion subject to the
discretion of the appointing authority;
3. Right to vacation and sick leave;
4. Right to Maternity Leave;
5. Right to Retirement Pay;
6. Other rights:
1. Right to reimbursement for expenses
incurred in due performance of duty (but
this does not include transportation
allowance for those using government
vehicles);
2. Right to be indemnified against liabilities
they may incur in bona fide discharge of
duties;
3. Right to longevity pay.
4. Right to self-organization
Prohibition on Double Compensation
The purpose of the prohibition against additional or double
compensation for public officials: to manifest a
commitment to the fundamental principle that a public
office is a public trust. It is expected of a government official
or employee that he keeps uppermost in mind the
demands of public welfare. He is there to render public
service. He is entitled to be rewarded for the performance
of the functions entrusted to him, but that should not be the
overriding consideration. The temptation to further
personal ends, public employment as a means for the
acquisition of wealth, is to be resisted. There must be
awareness on the part of the officer or employee of the
government that he will receive only such compensation as
may be fixed by law. With such a realization, he is expected
not to avail himself of devious or circuitous means to
increase the remuneration attached to his position. (Veloso
v. COA, G.R. 193677, 2011)
Claims for double retirement benefits fall under the
prohibition against the receipt of double compensation
when they are based on exactly the same services and on
the same creditable period. (Ocampo v. Commission on
Audit, G.R 188716, 2013)
PROMOTION
The movement from one position to another with increase
in duties and responsibilities as authorized by law and
usually accompanied by an increase in pay.
DEMOTION
There is demotion when an employee is appointed to a
position resulting in diminution of duties, responsibilities,
status or rank, which may or may not involve a reduction in
salary. Where an employee is appointed to a position with
the same duties and responsibilities but with rank and
 ATENEO CENTRAL
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salary higher than those enjoyed in his 'previous position,
there is •no demotion and the appointment is valid.
(Bautista v. CSC, G.R. 185215, 2010)
Demotion to a lower rate of compensation is equivalent to
removal if no cause is shown for it when it s not part of any
disciplinary action. In this case, demotion s not proper.
NEXT-IN-RANK RULE
The person next in rank shall be given preference in
promotion when the position imrnediate y above his is
vacated.
The concept of next-in-rank does no import any
mandatory or peremptory requirement that the person next
in rank must be appointed to the vacancy. ,
The appointing authority has the discret on to fill the
vacancy under the next-in-rank rule or by any other method
authorized by law (e.g. by transfer)
HOLD-OVER
When a public officers term has expired or his services are
terminated, but he should continue holding his office until
his successor is appointed or chosen and qualifies.
RETIREMENT
Retirement has been defined as a withdrawal from office,
public station, business, occupation, or public duty. It
involves bilateral act of the parties, a voluntary agreement
between •the employer and the +ployee whereby the
latter, after reaching a certain age, agrees and/or consents
to sever his employment with the former. Retirement plans
create a contractual obligation in which the promise to pay
benefits is made in consideration of the continued faithful
service of the employee for the requisite nperiod. Before a
right to retirement benefits vests in an employee, he must
have met the stated conditions of eiigibility With respect to
the nature of employment, age, and length of service. This
is a condition precedent to his acquisition of rights
thereunder. (Reyes v. CA, G.R. 167002, 20'i 1)
If retirement benefits have beer given to an entity
disqualified to receive the same, there is an obligation to
return the amounts under the principle of solutio indebiti
(GSIS v. COA, G.R. No. 138381, 2C04).
LIABILITIES OF PUBLIC OFFICERS
General Rule: A public officer is not liab e, for injuries
sustained by another due to officia acts done within the
scope of his authority.
Exceptions: (BM-NID)
1. Bad faith;
2. Malice;
3. Negligence;
4. Death or Injury to persons or da 'nage to property
Page 168 of 320
POLITICAL LAW
Administrative liability is separate from and
independent of criminal liability.
It is a fundamental principle in the law on public officers
that administrative liability is separate from and
independent of criminal liability. A simple act or omission
can give rise to criminal, civil or administrative liability,
each independently of the others. This is known as the
threefold liability rule.
Thus, absolution from a criminal charge is not a barto an
administrative prosecution, and vice versa. The dismissal
of the administrative cases against the petitioners will not
necessarily result in the dismissal of the criminal
complaints.filed against them. (Regidor, Jr. v. People, G.R.
166086-92, -2009; Office of the President v. Cataquiz, G.R.
183445, 2011)
Proof of damage or actual injury
Proof of damage or actual injury is not required for
administrative liability to attach to a public officer. It is
enough that the act was contrary to the established norms
of conduct for government service. However, an employee
of GSIS who altered IP addresses without authority, not in
the performance of his duties, will not be guilty of grave
misconduct but conduct prejudicial to the 'best interest of
service. To constitute misconduct, the act or acts must
have a direct relation to and be connected with the
performance of official duties. (GSIS v. Mayordomo, G.R.
No. 191-218, 2011)
Presumption of good faith in the discharge of official
duties.
Every public official is entitled to the presumption of good
faith in the discharge of official duties. ,Although a public
officer is the final approving authority and the employees
who processed the transaction were directly under his
supervision, personal liability does not automatically attach
to him but only upon those directly responsible for the
unlawful expenditures. (Dimapilis-Baldoz v. Commission
on Audit, G.R. 199114, 2013)
Concept of public office is a public trust
The concept of public office is a public trust 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 local 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.
Election is not a mode of condoning an administrative
offense, and there is simply no constitutional or statutory
basis in our jurisdiction to support the notion that an official
elected for a different term is fully absolved of any
administrative liability arising from an offense done during
a prior term. (Carpio-Morales v. CA and Binay, G.R.
217126-27, 2015)
ATENEO CENTRAL
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also the officer de facto, the lawful title and possession are
DE FACTO v DE JURE OFFICERS united.

De Facto Officer Usurper

One whose acts, though not those of a lawful officer, the One who take possession of the office and undertakes to
law, upon principles of policy and jutice, will hold valid so act officially without any color of right or authority, either
far as they involve the interests of the public and third actual or apparent. Note that it is the color of authority not
persons where the duties of the office were exercised: the color of title, that distinguishes an officer de facto from
1. without a known appointment or election, but under a usurper. It means that the authority to hold office is by
circumstance of reputation or acquiescence; some election or appointment, however irregular or
2. with a known and valid appointment or election but the informal.
office failed to conform to a lega requirement;
3. With a known appointment or election but void De Jure v De Facto Officer
because of: A de jure officer has a legal right to the office but he may
a. ineligibility of the officer; or not be in possession of the office; while a de facto officer
b. want of authority of the appointing or electing possesses the office becaus eof color of authority.
authority;
c. irregularity in appointment or election not De Facto v. Usurper
known to the public; or DE FACTO OFFICER USURPER
4. With known appointment or election pursuant to an
unconstitutional law before adjuOged to be such As to mode of acquiring possession of office
Requisites Officer under any of the 4 One who takes
1. Valid and legitimate office; circumstances mentioned. possession of an office
2. Actual physical possession of the office in good faith; and undertakes to act
3. Color of right or general acquiescence by the public officially without any
authority, either actual or
Legal Effects of Acts of De Facto Officers appatent.
So far as the rights of a third person are concerned, the
lawful acts of a de facto officer if done within the scope and As to color of authority
by the apparent authority of the office, is considered valid
and binding as if he were the officelr legally elected and Has color of authority Has neither lawful title nor
qualified for the office and in full possession thereof. color of right or title to
office
Entitlement to Salary
General Rule: Rightful incumbent my recover from a de As to validity of acts
facto officer the salary received by the latter during the time
of wrongful tenure even though the !atter is in good faith Acts are valid as to the Acts are absolutely void
and under cob of title. public until such time as and can be impeached in
his title to the office is any proceeding at any
Exception: When there is no de jure officer, the de facto adjudged insufficient time, unless and until he
officer is entitled to salaries for the period when he actually continues to act for so
discharged functions. (Civil Libertiel Union v„ Executive long a time as to afford a
Secretary, GR No 83896, February 22, 1991) presumption of his right to
act
How De Facto Officer Ousted
A de facto officer may be ousted in a direct proceeding As to entitlement of salaries
where the title will be the principal issue, not in a collateral
action or in an action to which he is not a party. May be entitled to Not entitled to
compensation for services compensation
The proper remedy is to institute quo warrant° proceeding rendered
under Rule 66 of the ROC. The title to a publ lc office may
not be contested except directly, by quo warrant°.

De Jure Officer
One who has the lawful right to the office in all respects,
but who has either been ousted from it, or who, has never
actually taken possession of it. When the officer de jure is
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TERMINATION OF OFFICIAL RELATION
Modes of Termination: (TAD PA R CAIRR)
1. Natural causes: (TAD)
a. Expiration of the Term or tenure of office -
his/her rights and duties ipso facto ceases,
unless authorized to holdover.
b. Tenure represents the term during which the
incumbent actually hOlds office. The tenure
may be shorter (or, in Case of holdover, longer)
than the term for reasons within or beyond the
power of the incumbent. However, a term, or
the time during which the officer may claim to
hold the office as of right, is not affected by the
holdover. (Valle Verde v. Africa', G.R. 151969,
2009) (See discussion on Part N. Term Limits)
c. Reaching the Age limit (retirement) - 65 years
for public officers and employees
d. Death or permanent dilsability
2. Acts or neglect of officer: (PAIR)
a. Prescription of Right to Office - Quo
warranto is the proper remedy against a public
officer or employee for his/her Ouster from
office which should be commenced within 1
year after the cause ofl such duSter, otherwise
the action shall be barred.
b. Abandonment of Office - the voluntary
relinquishment of an office by the holder, with
the intention of terminating his possession and
control thereof. There are, therefore, two
essential elements of abandonment: first, an
intention to abandon and second, an overt or
"external" act by which the intention is carried
into effect.
Generally, a person holding a public office
may abandon such office bY nonuser or
acquiescence. Non-user refers to a neglect to
use a right or privilege Or to exercise an office.
However, nonperforma'hce of the duties of an
office does not constitute abandonment where
such nonperformance results from temporary
disability or from involuntary failure to perform.
Abandonment may also result from an
acquiescence by the officer in his wrongful
removal or discharge, for instance, after a
summary removal, an unreasonable delay by
an officer illegally remOved in taking steps to
vindicate his rights may Constitute an
abandonment of the office. (Canonizado v.
Aguirre, G.R. 133132, 1 2001)
c. Acceptance of an Incompatible Office - It is
a well-settled rule that he who, while
occupying one office, accepts another
incompatible with the first, ipso 'facto vacates
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POLITICAL LAW
the first office and his title is thereby
terminated without any other act or
proceeding. Public policy considerations
dictate against allowing the same individual to
perform inconsistent and incompatible duties.
The incompatibility contemplated is not the
mere physical impossibility of one person's
performing the duties of the two offices due to
a lack of time or the inability to be in two places
at the same moment, but that which proceeds
from the nature and relations of the two
positions to each other as to give rise to
contrariety and antagonism should one person
attempt to faithfully and impartially discharge
the duties of one toward the incumbent of the
other. (Canonizado v. Aguirre, G.R. 133132,
2001).
d. Resignation — Formal renunciation or
relinquishment of office. To constitute a
complete and operative act of resignation, the
officer or employee must show a clear
intention to relinquish or surrender his position
accompanied by the act of relinquishment.
Resignation implies •an expression of the
incumbent in some form, express or implied,
of the intention to surrender, renounce and
relinquish the office, and its acceptance by
competent and lawful authority. A "courtesy
resignation" cannot properly be interpreted as
resignation in the legal sense for it is not
necessarily a reflection of a public official's
intention to surrender his position. Rather, it
manifests his submission to the will of the
political authority and the appointing power.
(Ortiz v. COMELEC, G.R. 78957, 1988)
Cessation from office by virtue of intervening
resignation did not warrant the dismissal of the
administrative complaint against the public
officer, for the act complained of had been
committed when he or she was still in the
service. (Concerned Citizen v. Catena, A.M.
OCA IPI 02-1321-P, 2013)
3. Acts of the government or people: (CAIRR)
a. Conviction of a crime - termination results
when the penalties of perpetual or temporary
absolute disqualification or penalties of
perpetual or temporary special disqualification
are imposed upon conviction by final judgment
in a trial court
b. Abolition of office
c. Impeachment - way of removing the
President, Vice President, Members of the
Supreme Court and the Constitutional
Commissions and the Ombudsman.
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d. Removal - ouster of the incumbent before the
expiration of his/her , term
Grounds:
i. Members of Congress — each House
may punish its members for disorderly
behavior with the concurrence of 2/3
of ALL its members. Suspension if
imposed shall not exceed 60 days.
ii. Civil Service 0 icers cir Eriiployees —
for causes provided by law
As a matter of law, a department
secretary's decision confirming the
removal of an officer under his
authority is immediately executory,
even pending further remedy by the
dismissed public officer. (Dimapilis-
Baldoz v. Commission on Audit, G.R.
199114,2013)
e. Recall - refers to the election itself by means
of which voters decide whether they should
retain their local official or elect replacement.
The ground for recall is "loss of confidence."
A petition for recall should be initiated by at
least 25% of the total number of registered
voters of the concerned LGU.
Reorganization
involves the reduction of personnel, consolidation of
offices, or abolition thereof by reason of economy or
redundancy of functions. It alters the existing structure of
government offices or units therein, including the lines of
control, authority and responsibility between then to make
the bureaucracy more responsive to the needs of the
public clientele as authorized by law It could result in the
loss of one's position through removal or abolition of an
office. A valid reorganization for the purpose of economy
or for making the bureaucracy more efficient must pass the
test of good faith; otherwise it is void lb initio. (Pan v. Pena,
G.R. 174244, 2009)
If the reorganization was done in good faith, the abolition
of positions, which resulted in loss of security of tenure of
affected government employees, would be valid. Except
those who hold constitutional offices, which provide for
special immunity as regards salary and tenure, no one can
be said to have any vested right tcl an office Or salary.
(Banda v. Ermita, G.R. No. 166620, 010)
The creation of the Truth Commission does not fall within
the President's power to reorganize. Section 31 of the
Revised Administrative Code refers to reduction of
personnel, consolidation of offices, o abolition thereof by
reason of economy or redundancy of functions. These
refer to situations where a body or an office is already
existent but a modification or alteration thereof has to be
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POLITICAL LAW
effected. (Biraogo v. The Philippine Truth Commission,
G.R. 192935-36, 2010).
The existence of any or some of the following
circumstances may be considered as evidence of bad faith
in the removals made as a result of reorganization, giving
rise to a claim for reinstatement or reappointment by an
aggrieved party:
1. Where there is a significant increase in the number
of positions in the new staffing pattern of the
department or agency concerned;
2. Where an office is abolished and others are
performing substantially the same functions is
created;
3. Where incumbents are replaced by those less
qualified in terms of status of appointment,
performance and merit;
4. Where there is a reclassification of offices in the
department or agency concerned and the
reclassified offices perform substantially the same
function as the original offices;
5. Where the removal violates the order of separation
provided in Section 3 hereof. (Cotiangco v.
Province of Biliran, G.R. 157139, 2011)
THE CIVIL SERVICE
Scope
Civil Service Commission (CSC)
central personnel agency of the government.
Composition
• Chairman and 2 commissioners
• Appointed by the President with consent of the
Commission on Appointments for a term of 7
years, without reappointment.
Coverage of the Civil Service
All branches, subdivisions, instrumentalities, and agencies
of the government including GOCC with original charters.
Authority of the Civil Service Commission
1. Limited to reviewing appointments on the basis of the
Civil Service Law.
2. Only allowed to check whether the appointee
possesses the appropriate civil eligibility or the
required qualification. CSC has no discretionary
power.
Limitations to the power to appoint
1. The power does not include authority to make the
appointment itself or to direct the appointing authority
to change the employment status of an employee.
2. No authority to revoke appointment simply because it
believed that another person is better qualified.
3. No power to pass upon the qualifications or tenure of
the appointing officer or declare the latter's position
vacant for an act that produced forfeiture of his office.
 ATENEO CENTRAL
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4. Cannot change the tenure of office granted to
appointee such as where the appointing authority
indicated permanent appointment but CSC approved
as temporary such appointment.
Appointments to the Civil Service
Classifications
1. Career
Characteristics:
1. Entrance based on merit and fitness to be determined
by competitive examinations or based on highly
technical qualifications;
2. Opportunity for advancement to higher career
positions; and
3. Security of tenure
Levels of Positions
1. 1st level: clerical, trades, crafts and custodial service
positions 'involving non-professional/sub-professional
in a non-supervisory or supervisory cariac ty requiring
less than 4 years of collegiate Studies. , selection/promotion board
2. 2nd level: professional, technical and scientific
positions in a non-supervisory/supervisory capacity
requiring at least 4 years of college work up to division
chief level.
3. 3rd level: career executive service positions
The position of department manager is not a third level
position which is appointed by the President. For said
reason, a PEZA department manager only needs the
approval of the PEZA Director-General to validate his
appointment or re-appointment. As he need not possess
a CESO or CSEE eligibility, the CSC has no yard and legal
basis in invalidating his appointment or re-appointment.
(Agyao v. CSC, G.R. 182591, 2011)
2. Non-career
Characteristics:
1. Entrance on bases other than those of the usual test
of merit and fitness;
2. Tenure which is limited to:
a. Period specified by law;
b. Coterminous with that of appointing authority;
c. Subject to appointing autho ity's pleasure;
d. Limited to the duration of a articular project.
3. They, however, enjoy constlional guarantee that
they cannot be removed exce t for Cadse and after
due hearing.
Oppositions to Appointment
Any person who feels aggrieved by the appointment of a
person may file a protest against the appointment.
Causes for protesting appointment
1. Appointee not qualified;
2. Appointee is not the next-in-rank;
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POLITICAL LAW
3. In the case of appointment by transfer,
reinstatement, or by original appointment, that the
protestant is not satisfied with the written special
reason(s) given by the appointing authority.
Meaning of "For Cause"
For reasons which the law and sound public policy
recognized as sufficient warrant for approval, that is, legal
cause, and not merely causes which appointing power in
the exercise of discretion may deem sufficient. The cause
must relate to and affect the administration of the office,
and must be restricted to something substantial in nature.
Revocation or Recall of Appointment
General Rule: Appointment once made is irrevocable and
not suyect to reconsideration.
Grounds when CSC has power to recall, on its own
initiative, an appointment initially approved:
1. Non-compliance with the procedures/criteria provided
in he agency's merit promotional plan
2. Fa lure to pass through the agency's
3. Viqlation of the existing collective agreement between
management and employees relative to promotion
4. Violation of other existing civil service law, rules and
regulations
PERSONNEL ACTIONS
Personnel action
Any action denoting movement or progress of personnel in
the civi service. (EO 292, Rule V, § 1, cited in City Mayor
Debulgado v. CSC, G.R. 111471, 1994).
Includes the following: (PART R2D2)
1. Appointment through certification
2. Promotion
3. Transfer
4. Reinstatement
5. Reemployment
6. Detail
7. Reassignment
8. Demotion
It is the CSC which is empowered to look into the validity
of creation of positions .and appointments of personnel
appointed by the Mayor which appointments were
confirmed by the CSC. There being a valid appointment
confirmed by CSC and the concerned personnel having
rendered services, payment of their salaries is proper and
legal. (Tolentino v. Loyola, G.R. 153809, 2011)
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Valid personnel actions Neciliqence v. Dishones

1. Extending temporary appointment, however, this must
NEGLIGENCE
not amount to removal.
2. Transfer or re-assignment but this must not involve a
reduction in rank, status, and salary, without break in In the case of public
service. officials, there is
3. Detail must be made in the interest of public service, negligence when there is a
absent showing of manifest abuse or improper motive breach of duty or failure to
or purpose. perform the obligation, and
there s gross negligence
Personnel actions amounting to removal when a breach of duty is
flagrant and palpable.
1. Shortening term is removal
2. Control does not extend to removal Failing to comply with his
3. Demotion duty to provide a detailed
4. Denial of optional retirement and refusal to reinstate list of his assets and
While a temporary transfer or assig ment of personnel is business interests in his
permissible even without the emplo ee's prior consent, it SALN and for relying on
cannot be done when the transfer is a preliminary step the family
toward his removal, or is a scheme to lure him away from bookkeeper/accountant to
his permanent position, or designed to indirectly terminate fill out his SALN and in
his service, or force his resignation. Such a transfer would signing the same without
in effect circumvent the provision which safeguards the checking or verifying the
tenure of office of those who are 1 in the Civil Service. entries is negligence,
(Garcia v. Lejano, G.R. L-12220, 1960). (Presidential Anti-Graft
Commission and the
Waiver of security of tenure Office of the President v.
Acceptance of temporary appointment or assignment, Pleyto, G.R. 176058,
without reservations is a waiver of security of tenure. 2011)
DISHONESTY
Dishonesty begins when
an individual intentionally
makes a false statement in
any material fact, or
practicing or attempting to
practice any deception or
fraud in order to secure his
examination, registration,
appointment or promotion.
It should be emphasized
only when the
accumulated wealth
becomes manifestly
disproportionate to the
employee's income or
other sources of income
and his failure to properly
account or explain his
other sources of income
does he become
susceptible to dishonesty.
(Ombudsman v. Nieto,
G.R. 185685, 2011)

Good Faith
ACCOUNTABILITY OF PUBLIC OFFICERS Good fa th is ordinarily used to describe that state of mind
denoting honesty of intention and freedom from knowledge
DISCIPLINE of circumstances which ought to put the holder upon
Grounds for Discipline: (DOOD IPOD MINI MUG) inquiry. In other words, good faith is actually a question of
1. Discourtesy in the course of official duties; intention. Although this is something internal, one can
2. Refusal to perform Official duty or render overtime ascertain a person's intention not from his own protestation
service; of good faith, which is self-serving, but from evidence of his
3. Falsification of Official documents; conduct and outward acts. (Dumduma v. CSC, G.R.
4. Habitual Drunkenness; 182606, 2011)
5. Inefficiency and incompetence in the performance of
official duties; Every public official who signs or initials documents in the
6. Willful refusal to Pay just debts 1r willful failure to pay course of standard operating procedures does not
taxes due to the government; automatically become a conspirator in a crime that
7. Oppression; transpired at some stage in which the official had no
8. Dishonesty; participation. (Peralta v. Desierto, G.R. 153152, 2005)
9. Misconduct;
10. Disgraceful and Immoral conduct; Even if the dishonest act was committed by the employee
11. Neglect of duty; prior to entering government service, such act is still a
12. .Physical or mental Incapacity due tóI it-amoral or ground for disciplinary action. (Orbase v. Ombudsman,
vicious habits; G.R. 175115, 2009)
13. Conviction of a crime involving Nora! turpitude;
14. Being notoriously Undesirable; Misconuct in office
15. Gambling. HR refers to "any unlawful behavior by a public officer in
relation to the duties of his office, willful in character. The
term embraces acts which the office holder had no right to
perform, acts performed improperly, and failure to act in
the face of an affirmative duty to act." In grave misconduct,
as distinguished from simple misconduct, the elements of
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corruption, clear intent to violate the law, or flagrant Ultra vires acts
disregard of established rule must be manifest. Corruption acts which are clearly beyond the scope of one's authority.
as an element of grave misconduct consists 'n the act of They are null and void and cannot be given any effect. The
an official or employee who unlawfully or wrongfully uses doctrine of estoppel cannot operate to give effect to an act
his station or character to procure some beneft for himself which is otherwise null and void or ultra vires. (Acebedo
or for another, contrary to the rights of others. (Gabon v. Optical Company v. CA, G.R. No. 100152, 2000)
Merka, A.M. P-11-3000, 2011)
Jurisd ction in Disciplinary Cases
Grave misconduct 1. Heads of ministries, agencies and instrumentalities,
consists in a government official's deliberate violation of a provinces, cities and municipalities have jurisdiction to
rule of law or standard of behavior. It is regarded as grave investigate and decide matters involving disciplinary
when the elements of corruption, clear intent to violate the action against officers and employees under their
law, or flagrant disregard of established rules are present. jur sdiction.
In particular, corruption as an elemant of grave misconduct 2. Decision final in case the penalty imposed is
consists in the official's unlawful and wrOngfiil use of his suspension of not more than 30 days or fine in an
station or character to procure sorrie benefit for himself or amount not exceeding 30-days salary.
for another person, contrary to duty and the rights of 3. Other cases, decision shall be initially appealed to the
others. Rigging by a public official at a bidding in the department head and finally to the Civil Service
organization where he belongs is specie of corruption. Commission and pending appeal, shall be executory
(NPC v. CSC, G.R. 152093, 2012) EXCEPT when the penalty is removal, in which case it
shall be executory only after .confirmation by the
Simple neglect of duty department head.
defined as the failure of an em?loyee to give proper Committee to bear administrative ,charge against
attention to a required task or to d scharge a duty due to public school teacher representative of the teacher's
carelessness or indifference. On the other hand, gross organization
neglect of duty is characterized by want of even the 4. Civil Service Commission has appellate jurisdiction.
slightest care, or by conscious indifference to the Case may be filed directly to it; it may decide on the
consequences, and in cases involving public officials, by case or deputize a department or.agency
flagrant and palpable breach of duty. It is the omission of
that care that even inattentive and thoughtless men never Preventive Suspension and Back Salaries
fail to take on their own property. (Land Bank of the
Philippines vs. San Juan Jr., G.R. 192890, 2013-) PREVENTIVE SUSPENSION
Merely a preventive measure, a preliminary step in an
When demolition is proper and when improper that administrative -investigation. The purpose of the
may constitute liability: suspension order is to prevent the accused from using his
position and the powers and prerogatives of his office to
WHEN DEMOLITION IS WHEN DEMOLITION IS •
influence potential witnesses or tamper with records which
PROPER NOT PROPER , may be vital in the prosecution of the case against him. If
after such investigation, the charge is established and the
A complaint for damages If a Sanggunian resolution
person investigated is found guilty of acts warranting his
and injunction against the only authorized a Mayor to suspension or removal, then, as a penalty, he is
members of the Philippine file for unlawful detainer in suspended, removed or dismissed. (Villasenor v.
army cannot be held case of resistance to obey Sandiganbayan, G.R. No. 180700, 2008)
personally accountable for the order or to demolish
the demolition since the the tuilding using legal Two kinds of preventive suspension of government
act was done in means, the act of employees charged with offenses punishable by
connection with their demOlition withbut legal removal or suspension:
official duties in carrying order is not prOper. After 1. Preventive suspension pending investigation; and
the AFP program of "Oplan all, he present Local 2. Preventive suspension pending appeal if the penalty
Linis." There was no Govei-nrnent COde does
imposed by the disciplining authority is suspension or
showing that such acts not e pressly provide for dismissal and, after review, the respondent is
constitute ultra vires acts the abatement of
exonerated.
nor was there a showing of nuisa ce. (si/Olv. People
bad faith on the part of of the Philippines, G.R.
petitioners. (Philippine 159017-18, 2011)
Army, 5th Infantry Division
v. Spouses Pamittan, et.
al., G.R. 187326, 2011)
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Effect of Decision on Suspensiorl When Made Before
or After 90 Days:
IF •THE CASE IS IF THE CASE IS
DECIDED BEFORE 90 DECIDED NOT DECIDED
DAYS WITHIN 90 DAYS
The suspension will last The suspension r.tiay not
less than 90 days. exceed the maximum
period of 90 days.
Preventive suspension is merely a preventive measure, a
preliminary step in an administrative investigation; the
purpose thereof is to prevent the accused from using his
position and the powers and prerogatives of his office to
influence potential witnesses or tamper with records which
may be vital in the prosecution of the case against him.
(Ombudsman v. Francisco, G.R. 179553 2011)
It is now settled that Sec. 13 of Republic Act No. 3019
makes it mandatory for the Sandiganbayan to suspend any
public official against whom a valid information charging
violation of that law, Book II, Title 7 of the Revised Penal
Code, or any offense involving fraud upon government or
public funds or property is filed. The ciourt trying a case has
neither discretion nor duty to determine whether preventive
suspension is required to prevent the accused from using
his office to intimidate witnesses or frustrate his
prosecution or continuing committing malfeasance in
office. (Villasenor v. Sandiganbayanr G.R. 180700, 2008)
There is no dispute as to the power of the Ombudsman to
place a public officer charged with an administrative
offense under preventive suspension. That power is clearly
confined under Section 24 of R.A. No. 6770. The law sets
forth two conditions that must be satisfied to justify the
issuance of an order of preventive suspension pending an
investigation, to wit:
1. The evidence of guilt is strong; and\
2. Either the following circumstanceI co-existing with the
first requirement:
a. The charge involves dishonesty, oppression or
grave misconduct or neglect in the peiformance of
duty;
b. The charge would warran removal from the
service; or
c. The respondent's continued stay in office may
prejudice the case filed against him. (Ombudsman
v. Valeroso, G.R. 167828, 2007)
Prior notice and hearing are not required in the
issuance of a preventive suspension order.
Settled is the rule that prior notice and hearing are not
required in the issuance of a preventive susPens'on order.
(Carabeo v. CA, G.R. 178000/178003, 2009)
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POLITICAL LAW
GROUNDS FOR PREVENTIVE SUSPENSION OF
POLICE OFFICERS [RA 8551, SEC. 55] (Preventive
Suspension Pending Criminal Case)
The court shall immediately suspend the accused from
office for a period not exceeding 90 days from arraignment:
1. Upon the filing of a complaint or information sufficient
in form and substance against a member of the PNP;
2. For grave felonies where the penalty imposed by law
is 6 years and 1 day or more.
Exception: If it can be shown by evidence that the
accused is harassing the complainant and/or witnesses,
the court may order the preventive suspension of the
accused PNP member even if the charge is punishable by
a penalty lower than 6 years and 1 day.
General Rule: The period of preventive suspension shall
not be more than 90 days.
Exception: If the delay in the disposition of the case is due
to the fault, negligence or petitions of the respondent.
The preventive suspension may be sooner lifted by the
court in the exigency of the service upon recommendation
of the chief, PNP. Such case shall be subject to continuous
trial and shall be terminated within 90 days from
arraignment of the accused.
Back salaries during preventive suspension
General Rule: A public official is not entitled to any
compensation if he has not rendered any service. (Reyes
v. Hernandez, G.R. No. Apr. 8, 1941)
Two conditions before an employee may be entitled to
back salaries in preventive suspension cases:
1. The employee must be found innocent of the charges;
and
2. His suspension must be unjustified or the official was
innocent (CSC v. Cruz, G.R. 187858, 2011)
The reasoning behind these conditions runs this way:
although an employee is considered under preventive
suspension during the pendency of a successful appeal,
the law itself only authorizes preventive suspension for a
fixed period; hence, his suspension beyond this fixed
period is unjustified and must be compensated. The rule
on payment of back salaries during the period of
suspension of a member of the civil service who is
subsequently ordered reinstated, is already settled in this
jurisdiction. Such payment of salaries corresponding to the
period when an employee is not allowed to work may be
decreed not only if he is found innocent of the charges that
caused his suspension (Sec. 35, RA 2260), but also when
the suspension is unjustified, (CSC v. Cruz, G.R. 187858,
2011).
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The mere reduction of the penalty on appeal does not charge against them. (Tanjay Water District V. Quinit, Jr.,
entitle a government employee to back salaries if he was G.R. 160502, 2007)
not exonerated of the charge against him. If the
exoneration of the employee is relative (as distinguished When an official or employee was illegally dismissed and
from complete exoneration), an inquiry into the factual his reinstatement has later been ordered, for all legal
premise of the offense charged and Of the offense purposes he is considered as not having left his office.
committed must be made. If the administrative offense Therefore, he is entitled to all the rights and privileges that
found to have been actually committed is of lesser gravity accrue to him by virtue of the office he held. (Galang v.
than the offense charged, the employee il cannot be Land Bank, G.R. 175276,2011)
considered exonerated if the factual premise for the
imposition of the lesser penalty remains the same. (CSC v. A public officer is not entitled to reinstatement and back
Cruz, .G.R. No. 187858, 2011). salaries, when removal or suspension is lawful. The denial
of salary to an employee during the period of his
Preventive Suspension Pending Investigation v. suspension, if he should later be found guilty, is ,proper
AnDeal because he had given .ground for his suspension. It does
not impair his constitutional rights because the Constitution
PREVENTIVE PREVENTIVE 1 itself allows suspension for cause as provided by law and
SUSPENSION PENDING SUSPENSION PENDING the law provides that .an employee may be suspended
INVESTIGATION APPEAL ' I pending an investigation or by way of penalty. (Bangalisan
v. CA, G.R. 124678, 1997)
Not a penalty. It is a If the penalty imposed by
measure intended to the "ciplining authority is A public officer is entitled after his acquittal not only to
enable the disciplining suspension 1or 'Idismissal reinstatement but also to payment of the salaries,
authority to investigate and, after review, the allowances, and other benefits withheld from him ,by
charges against respondent is exonerated. reason of his discharge from the service even if there has
respondent by preventing been valid suspension from the service pending the
the latter from intimidating No bLk salaries shall be adjudication of the criminal case. (P/Chief Superintendent
or in any way influencing due .for the period of Calinisan v. SPO2 Roaquin, G.R. 159588, 2010)
witnesses •against him. If preveitive suspension
the investigation is not PENDING I Reinstatement v. Backwa es:
finished and a decision is INVESTIGATION but only
not rendered within that for the period of preventive REINSTATEMENT BACKWAGES
period, the suspension will suspension H PENDING
be lifted and the APPEAL, in the event the Restoration to a state or A form of relief that
respondent will emplcyee is I exonerated. condition from which one restores the income that
automatically be (Gloria v. 1 CA, G.R. had been removed or was lost by reason of
reinstated. If after 131012, 1999) 1 separated. One who is unlawful dismissal.
investigation, respondent reinstated assumes the
is found innocent of the position he had occupied
charges and is prior to the dismissal and
exonerated, he should be is, as an ordinary rule,
reinstated. (CSC v. entitled only to the last
Alfonso, G.R. 179452, salary in that position.
2009)
L Where to file claims for backwages: The claim for recovery
Illegal dismissal, reinstatement and back salaries of back salaries involves settlement of accounts or claims
against the government and should therefore be filed with
Reinstatement the Commission on Audit.
the issuance of an appointment to a person who has been
previously appointed to a position in the career service and Amount of Back Salaries
who has, through no delinquency or misconduct, been An illegally terminated civil service employee is entitled to
separated therefrom, or to the restoration of lone who has back salaries limited only to a maximum period of five
been exonerated of the administrative charges filed years, and not full back salaries from his illegal termination
against him. (Galang v. Land Bank, G.R. 175276, 2011) up to his reinstatement. (Galang v. Land Bank, G.R.
175276, 2011)
The rule is settled that back salaries may be awarded to
civil servants only if they have been illegally dismissed and
thenceforth ordered reinstated, or to those acquitted of the
Page 176 of 320
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Immunity ofPublic Officers
Official immunity
Only protects public officials from tort liability for damages
arising from acts or functions in the performance of their
official duties.
Public officers may be sued to restrain them from enforcing
an act claimed to be unconstitutional.
Exceptions: when liability does not devolve ultimately to
the State such as:
1. A petition to require official to dci his duty;
2. A petition to restrain him from doing anl act;
3. To recover taxes from him;
4. Those where the officer imple ded may by himself
alone comply with the decision of the court;
5. Where the government itself has violated its own laws.
Where a public officer has committed an ultra vires act, or
where there is a showing of bad faith, malice or gross
negligence, the officer can be held personally accountable
even if such acts are claimed to have been performed in
connection with official duties. (,4lie v. Rarang, G.R.
74135, 1992)
Immunity from suit cannot institutionalize irresponsibility
and non-accountability nor grant a privileged status not
claimed by any other official of the Fepublià. (Republic v.
Sandoval, G.R. 84607, 1993)
Where the public officer is sued in his personal capacity,
state immunity will not apply. (Lansang v. CA, G.R.
102667, 2000)
CONDONATION DOCTRINE
The condonation doctrine is the doctrine that provides that
a reelected official should no longer ie made accountable
for an administrative offense committed during his previous
term.
BERNABE: In Carpio-Morales, the Court abandoned the
"condonation doctrine," explaining that "election is not a
mode of condoning an administrative offense, and there is
simply no constitutional or statutory basis in our jurisdiction
to support the notion that an official elected for a different
term is fully absolved of any administrative liability arising
from an offense done during a prior term."
The abandonment should be prospectively applied.
(Dimapilis v. Commission on Elections, G.R. No. 227158,
[April 18, 20171)
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POLITICAL LAW
IMPEACHMENT
Impeachment
the power of Congress to remove a public official for
serious crimes or misconduct as provided in the
Constitution. It is a mechanism designed to check abuse
of power. (Chief Justice Renato C. Corona v. Senate of the
Philippines sitting as an Impeachment Court, G.R. No.
200242, 2012)
Who may be impeached: (VP-SOC)
1. President
2. Vice President
3. Supreme Court Justices
4. Constitutional Commission members
5. Ombudsman
Grounds: (GOT BBC)
1. Graft and corruption
2. Other high crimes
3. Treason
4. Betrayal of public trust
5. Bribery
6. Culpable violation of the Constitution
It is an exclusive list. Congress cannot add to the list
of impeachable offenses.
These officers cannot be charged in court with offenses
that have removal from office as penalty. But after an
official has been impeached, he can be charged with the
appropriate offense.
Resignation by an impeachable official does not place him
beyond the reach of impeachment proceedings; he can still
be impeached.
Other public officers and employees -
They may be removed from office as provided by law but,
not by impeachment.
Who may initiate impeachment case
The House of Representatives has exclusive power to
initiate all cases of impeachment.
Procedure:
1. Filing of verified complaint. Can be filed by:
a. Any member of the House of Representatives
b. Any citizen upon a resolution or endorsement by
any Member of the House
c. By at least 1/3 of all the Members of the House of
Representatives
d. If the verified complaint or resolution of
impeachment was filed by at least 1/3 of all the
Members of the House, it shall constitute the
Articles of Impeachment. Trial in the Senate shall
proceed.
ATENEO CENTRAL
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1. Inclusion of complaint in the order of business
within 10 session days
2. Referral to proper Committee within 3 session
days thereafter
3. Submission of committee report to the House
together with corresponding resolution
4. The report should be suhmitted within 60 days
from referral, after hearing, and by a majority vote
of all its members.
5. Calendaring of resolution or consideration by the
House
6. Should be done within 10 sess on days from
receipt thereof
7. Vote of at least 1/3 of all the Members of the
House necessary to:
a. Affirm a favorable resolution with the Articles
of Impeachment of the Committee or
b. To override its contrary resoluton
Roles of the 3 branches of Government in
impeachment:
1. Senate has sole power to try and decide cases of
impeachment;
2. If the President is on trial, thel Chief Justice presides
but does not vote;
3. The Supreme Court can determine if Congress
committed grave abuse of discretion amounting to lack
or excess of jurisdiction ex. recognizing two
impeachment complaints).
For impeachment, judgment of conviction requires the
concurrence of 2/3 of all the MemOers of the Senate.
Only one impeachment proceedi g shou d be initiated
against an impeachable officer wit in a period of one year.
(Gutierrez v. House Committee o Justice, G.R. 193459,
2011)
The SC found it well-within its power to determine whether
Congress committed a violation of the Constitution or
gravely abused its discretion in the exercise of its functions
and prerogatives that could transIlte as lack or excess of
jurisdiction in taking cognizance of two impeachment
complaints that are inquisitorial n functiOn, akin to a
preliminary investigation. (Gutierrez v. House Committee
on Justice, G.R. 193459, 2011).
The 1-year period shall be counted from the time of the
filing of the first impeachment complaint Impeachment
proceedings pertain to the proceedings in the House of
Representative which commences from the' nitiation of the
complaint, to the referral to !Dipper committees, to
submission of the report •to the House, subsequent
deliberation, and ends with the transmittal Of the Article of
Impeachment to the Senate. An impeachment case
pertains to a trial in the Senate which comrnences at the
time the Articles of Impeachment are transmitted to the
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POLITICAL LAW
Upper House. (Gutierrez v. House Committee on Justice,
G.R. 193459, 2011).
Effects of impeachment: (LDR)
1. Removal from office of the official concerned
2. Disqualification to hold any office
3. Officer still Liable to prosecution, trial, and punishment
if the impeachable offense committed also constitutes
a felony or crime.
The determination of sufficiency of form and substance of
an impeachment complaint is an exponent of the express
constitutional grant of rule-making powers of the House Of
Representatives. In the discharge of that power and in the
exercise of its discretion, the House has formulated
determinable standards as to the form and substance of an
impeachment complaint. Furthermore, the Impeachment
Rules are clear in echoing the constitutional requirements
and providing that there must be a "verified complaint or
resolution," and that the substance requirement is met if
there is "a recital of facts constituting the offense charged
and determinative of the jurisdiction of the committee."
Questions on what constitutes as an impeachable offense
are considered to be purely political questions and thus left
to the sound determination of the legislature. (Gutierrez V.
House Committee on Justice, G.R. 193459, 2011).
THE OMBUDSMAN
Scope
GOCCs with original charters and those organized and
incorporated under the Corporation Code within the
jurisdiction of the Sandiganbayan whenever they are
involved in graft and corruption. (People v.
Sandiganbayan, G.R. 147706-07, 2005).
The Ombudsman has the power to grant immunity by itself
and even prior to the filing of information in court. RA 6770
fully recognizes this prosecutory prerogative by
empowering the Ombudsman to grant immunity, subject to
"such terms and conditions" as he may determine. The
only textual limitation imposed by law on this authority is
the need to take "into account the pertinent provisions of
the Rules of Court," — i.e., Section 17, Rule 119 of the
Rules of Court. The rule under RA 6770 clarifies that in
cases already filed with the courts, the prosecution merely
makes a proposal and initiates the process of granting
immunity to an accused-witness in order to use him as a
witness against his co-accused. If there is any distinction
at all between the public prosecutor and the Ombudsman
in this endeavor, it is in the specificity of and the higher
priority given by law to the Ombudsman's purpose and
objective. This accounts for the 'Ombudsman's unique
power to grant immunity by itself and even prior to the filing
of information in court, a power that the public prosecutor
himself generally does not enjoy. (Quarto v. Ombudsman,
G.R. 169042, 2011).
 ATENEO CENTRAL
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In the exercise of his duties, the Ombudsman is given full
administrative disciplinary authority. His power is not
limited merely to receiving, processing complaints, or
recommending penalties. He is to conduct investigations,
hold hearings, summon witnesses and require production
of evidence and place respondents under preventive
suspension. This includes the power to impose the penalty
of removal, suspension, demotion, fine, or censure of a
public officer or employee. The provisions in RA 6770
taken together reveal the manifest intent of the lawmakers
to bestow on the Office of the Ombudsman full
administrative disciplinary authority. Thes'e provisions
cover the entire gamut of administrative adjudication which
entails the authority to, inter alia,1 receive complaints,
conduct investigations, hold hearings in accordance with
its rules of procedure, summon witnesses and require the
production of documents, place under preventive
suspension public officers and erhployees pending an
investigation, determine the appropriate penalty imposable
on erring public officers or employees as warranted by the
evidence, and, necessarily, impose the said penalty. Thus,
it is settled that the Office of the OMbudsman can directly
impose administrative sanctions. (Cabalit v. COA, G.R.
180236, 2012)
The Office of the Ombudsman is tasked to exercise
disciplinary authority over all elective and appointive
officials, save only for impeachable officers. (Alejandro v.
Office of the Ombudsman Fact-Finding and Intelligence
Bureau, G.R. 173121, 2013).
Composition:
1. Ombudsman/Tanodbayan;
2. Overall Deputy (at least one Deputy each for Luzon,
Visayas and Mindanao).
3. Deputy for military establishment may be appointed
Qualifications: (Ombudsman and Deputies):
1. Natural born citizen of the Philippines
2. At least 40 years old at time of appointment
3. Of recognized probity and independence
4. Member of the Philippine bar
5. Must not have been candidate for any elective office in
the immediately preceding election
6. For Ombudsman: He must have been for 10 years or
more:
a. A judge OR
b. Engaged in the practice of la in the Philippines
Disqualifications and Prohibitions.
1. Cannot hold any other office or employment during his
tenure;
2. Cannot engage in the practice of any profession or in
the active management or control of any business
which may be affected by the functions of his office;
3. Cannot be financially interested, directly or indirectly,
in any contract with or in any franchise or privilege
granted by the Government, any of its subdivisions,
Page 179 of 320
POLITICAL LAW
agencies or instrumentalities, including GOCCs or
their subsidiaries.
Appointment:
1. Ombudsman and deputies
2. By the president from• a list of at least 6 nominees
prepared by the Judicial and Bar Council. Vacancies
will be filled from a list of 3 nominees.
3. Appointments do NOT require confirmation
4. All vacancies shall be filled within 3 months after they
occur.
5. Appointees have 7-year term without reappointment
and are not qualified to run for any office in the election
succeeding their cessation from office.
6. Other ombudsman officials and employees
a. By the Ombudsman
b. In accordance with Civil Service Law
Functions
Powers, Functions and Duties
1. Investigate on its own, or on complaint by any person,
any act or omission of any public official, employee,
office or agency, when such act or omission appears
to be illegal, unjust, improper, or inefficient.
a. May be done on its own initiative or on complaint
in any form.
b. Such may be delegated.
c. The power to investigate includes the power to
impose preventive suspension. But, this is not a
penalty.
d. Investigate does not mean preliminary
investigation.
e. The complaint need not be drawn up in the usual
form.
f. The illegal act or omission need not be in
connection with the duties of the public officer or
employee concerned.
g. ANY illegal act may be investigated by the
Ombudsman. In this regard, the Ombudsman's
jurisdiction is concurrent with that of the regular
prosecutors.
2. Direct, upon complaint or at its own instance, any
public official or employee of the government, or any
subdivision, agency or instrumentality thereof, as well
as of any GOCC with original charter, to perform and
expedite any act of duty required by law, or to stop,
prevent and correct any abuse or impropriety in the
performance of duties.
a. The Ombudsman has persuasive power, and may
require that proper legal steps are taken by the
officers concerned.
b. The public official or employee must be employed
in:
i. The Government
ii. Any subdivision, agency, or instrumentality
GOCCs with original charters
c. The Special Prosecutor may prosecute before the
Sandiganbayan, judges accused of graft and
ATENEO CENTRAL
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corruption, even if they are under the Supreme
Court.
3. Direct the officer concerned to take the appropriate
action against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine,
censure, or prosecution, and ensure compliance
therewith.
a. The Ombudsman does not himself prosecute
cases against public officers or employees.
b. Final say to prosecute sti I rests in the executive
department.
c. The Ombudsman or Tanodbayan may use
mandamus to compel the fiscal to prosecute.
d. The refusal by any office'. without just cause to
comply with an order of the Ombudsman to
remove, suspend, emote, fine, censure, or
prosecute an officer or employee who is at fault or
who neglects to perform an act or discharge a duty
required by law shall be a ground for disciplinary
action against said officer. (RA 6770, Sec. 15 (3);
Ledesma v. CA, G.R. No. 161629, 2005; Article 11
Sec. 13(3), 1987 Constitution)
4. Direct the officer concerned, in any appropriate case,
and subject to such limitations as may be provided by
law to furnish it with copies of documents relating to
contracts or transactions entered into by his office
involving the disbursement or use of public funds of
properties, and report any irregularity to COA for
appropriate action
5. Request any government agency for assistance and
information necessary in tie discharge of its
responsibilities, and to examine, if necessary,
pertinent records and docum4its and public matters
covered by its investigation when circumstances so
warrant and with due process.
6. Determine the cause of mismanagement, inefficiency,
red tape, fraud and corruption n the government and
make recommendations for their elimination and the
observance of high standards of ethics and efficiency.
7. Promulgate its rules of procedure and exercise such
other powers or perform such functions or duties as
may be provided by law.
The Office of the Ombudsman njoys fiscal autonomy.
Its approved annual appropriations should be
automatically and regularly relersed.
Doctrines:
1. The Ombudsman has jurisdilion over disciplinary
cases against government emp oyees, which includes
public school teachers. However, Section 9 of the
Magna Carta for Public School Teachers provides that
it must first go to a committee appointed by the
Secretary of Education. (Ombt.. dsman v. Estandarte,
G.R. 168670, 2007).
2. The Office of the Ombudsman has the authority to
determine the administrative liaOlity of an erring public
official or employee, and to direct and compel the head
Page 180 of 320
POLITICAL LAW
of the concerned officer or agency to implement the
penalty imposed. This power to impose administrative
liability is not merely recommendatory but actually
mandatory. (Ombudsman v. Delijero, G.R. 172635,
2010).
3. The enumeration of the powers of the Ombudsman in
the Constitution is not exclusive. Congress may add
additional powers. The Ombudsman -Act grants to the
Ombudsman fuller authority; he has the power to
impose the penalty of suspension. (Ombudsman v.
CA, G.R. 160675, 2006).
4. The doctrine of qualified -political agency does not
apply to the relationship between the Ombudsman and
the Special Prosecutor. The Special Prosecutor may
only file an information only when authorized by the
Ombudsman. (Perez v. Sandiganbayan, G.R. 166062,
2006).
5. In administrative case -involving the concurrent
jurisdiction of two or more disciplining authorities, the
body in which the complaint is filed first, and which opts
to take cognizance-of the case, acquires jurisdiction to
the exclusion of other tribunals exercising concurrent
jurisdiction. In this case, since the complaint was filed
first in the Ombudsman, and the Ombudsman opted to
assume jurisdiction over the complaint, the
Ombudsman's exercise of jurisdiction is to the
exclusion of the Sangguniang Bayan exercising
concurrent jurisdiction. Jurisdiction could no longer be
transferred to the Sangguniang Bayan by virtue of a
subsequent complaint filed by the same complainants.
(Ombudsman vs.,Rodriquez, G.R. 172700, 2010).
6. The Office of the Ombudsman shall have disciplinary
authority over all elective and appointive officials of the
Government and its subdivisions, instrumentalities and
agencies, including Members of the Cabinet, local
government, government-owned or controlled
corporations and their subsidiaries, except over
officials who may be removed only by impeachment or
over Members of Congress, and the Judiciary. (RA
7660, sec. 21) However, he-Office of the Ombudsman
shall have the power to investigate any serious
misconduct in the office allegedly committed by
officials removable by impeachment, for the purpose
of filing a verified complaint for impeachment if
warranted. (RA No. 6770, Sec. 22)
7. An administrative complaint filed against a public
officer before the Ombudsman does not bar an
administrative investigation -before the Presidential
Anti-Graft Commission. The jurisdiction of
Ombudsman over administrative complaints are not
exclusive, it may be exercised concurrently with an
authorized agency. (Lacson v. Executive Secretary,
G.R. 165399, 2011).
8. Appeals from decisions of the Ombudsman in
administrative cases do not stay the execution of the
penalty imposed. This is in accordance with Section 7
Rule III of the Rules of Procedure of the Ombudsman
which explicitly states that an appeal shall not stop the
ATENEO CENTRAL
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decision from being executory. No vested right is
violated because pending appeal the appellant is
considered as preventively suspended and will be paid
backwages in case he wins in his appeal. In addition,
under Section 13(8) Article XI of the Constitution
authorizes the Ombudsman to formulate its own rules.
(Facura et at. v. CA, et at., G.R. 166495, 2011).
9. Section 20 of RA 6770 is merely directory and does
not prohibit the Ombudsman from conducting an
administrative investigation after the lapse of one year,
reckoned from the time the allegad act was committed.
Without doubt, even if the administrative case was filed
beyond the one (1) year period stated in Section 20(5),
the Ombudsman was well within its discretion to
conduct the administrative investigation. (Ombudsman
v. Andutan, G.R. 164679, 2011)1
10. Although the Ombudsman is not precluded by Section
20(5) of RA 6770 from conducting the investigation,
the Ombudsman can no onger institute an
administrative case against a resigned i public officer
because the latter was not a public servant at the time
the case was filed. (Ombudsrrian v. Andutan, G.R.
164679, 2011).
11. Findings of fact by the Office of the Ombudsman when
supported by substantial evidence are conclusive. Any
order, directive or decision imposing the penalty of
public censure or reprimand, suspension of not more
than one (1) month's salary shall be final and
unappealable. In the same vein, decision of the
Ombudsman absolving a pUblic officer of an
administrative charge is final and Unappealable.
(Tolentino v. Atty. Roy Loyola et. at., G.R. 153809,
2011).
12. It is worth stressing that the 0 budsman's finding of
probable cause does not touch on the issue of guilt or
innocence of the accused. It is not the function of the
Office of the Ombudsman to rule on such issue.
Hence, Courts do not interfere n the Ombudsman's
exercise of discretion in determining probable cause
unless there are compelling reasons. (Ganaden v.
Ombudsman, G.R. 170500/170510-11, 2011).
13. It is settled that the Office of the Ombudsman has the
sole power to investigate and prosecute on its own or
on complaint by any person, any act or omission of any
public officer or employee, office 8r agency, when such
act or omission appears to be illegal, unjust, improper
or inefficient. The power to withdraw the Information
already filed is a mere adjunct orl consequence of the
Ombudsman's overall power to Prosecute. However,
while it is the Ombudsman who has the full discretion
to determine whether or not a criminal case should be
filed in the Sandiganbayan, once the case has been
filed with said court, it is the Sandiganbayan, and no
longer the Ombudsman, which has full control of the
case so much so that the Information may not be
dismissed without the approval of said court. Further,
it does not matter whether such filing of a motion to
dismiss by the prosecution is done before or after the
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arraignment of the accused or that the motion was filed
after a reinvestigation. (City of Tuguerarao v. Ting,
G.R. 192435-3, 2011).
14. The power of the Office of the Ombudsman to
investigate extends to all kinds of malfeasance,
misfeasance, and non-feasance that have been
committed during his tenure of office by any officer or
employee of the Government, or of any subdivision,
agency or instrumentality thereof, including
government-owned or controlled corporations. (Office
of the Ombudsman v. De Leon, G.R. 154083, 2013).
15. A preliminary investigation partakes of an investigative
or inquisitorial power for the sole purpose of obtaining
information on what future action of a judicial nature
may be taken. Even the action of the Secretary of
Justice in reviewing a prosecutor's order or resolution
via appeal or petition for review cannot be considered
a quasi-judicial proceeding. Hence, Section 14, Article
VIII of the Constitution does not thus extend to
resolutions issued by the DOJ Secretary. (Bondoc v.
Tan Tiong, G.R. No. 186652, 2010).
16. The second paragraph of Section 14 of RA 6770 is
declared invalid, and as such, the CA may impose
provisional injunctive writ over the implementation of
prevention suspension order by the Ombudsman.
Furthermore, the independence granted to the
Ombudsman by the Constitution means freedom from
control or supervision of the Executive Department,
not the Judiciary. (Carpio-Morales v. CA, G.R. No.
217126-27, 2015)
17. Under such terms and conditions as it may determine,
taking into account the pertinent provisions of the
Rules of Court, the Ombudsman may grant immunity
from criminal prosecution to any person whose
testimony or whose possession and production of
documents or other evidence may be necessary to
determine the truth in any hearing, inquiry or
proceeding being conducted by the Ombudsman or
under its authority, in the performance or in the
furtherance of its constitutional functions and statutory
objectives. The immunity granted under this and the
immediately preceding paragraph shall not exempt the
witness from criminal prosecution for perjury or false
testimony nor shall he be exempt from demotion or
removal from office. (RA 6770, Sec. 17(2))
Judicial Review in Administrative Proceedings and in
Penal Proceedin s
PENAL
ADMIN.
Appeals from resolutions Supreme Court is not
of the Office of the precluded from reviewing
Ombudsman in the Ombudsman's action
administrative disciplinary when there is an abuse of
cases should be taken to discretion, in which case
the Court of Appeals via Rule 65 of the Rules of
Petition for Review under Court. (Garcia-Rueda v.
ATENEO CENTRAL
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Rule 43 of the Rules of Pa4asio, G.R. 118141,
Court. (Fabian v. Desierto, 1997)
G.R. 129742, 1998)
Non-Administrative v. Administrative:
FROM APPEAL TO
Ombudsman (non- Supreme Court via
administrative cases) Rule 65 ' Prohibitions and Disqualifications
Ombudsman Court of Appeals via Rule
(administrative cases 43
ONLY)
OFFICE OF THE SPECIAL PROSECUTOR
Under PD 1487, as amended by pD 1607, Tanodbayan
was both prosecutor and Ombudsman. Harmonisation of
the laws left the Special Prosecutor to continue to exercise
powers of the former Tanodbayan e cept those specifically
passed on to the Ombudsman.
Since the power to investigate has been vested 'to the
Ombudsman, the Special Prosecutor can only investigate
and prosecute if authorised by the Ombudsman.
Appointment
1. The President selects from a list of at least twenty one
(21) nominees prepared by the Judicial and Bar
Council
2. From a list of three (3) nominees for each vacancy
thereafter, which shall be filled within three (3) months
after it occurs,
3. Each of list shall be published in a newspaper of
general circulation.
In the organization of the Office of the Ombudsman for
filling up of positions therein, regional, cultural or ethnic
considerations shall be taken into account to the end that
the Office shall be as much as possible representative of
the regional, ethnic and cultural make-up of the Filipino
nation.
Qualifications
1. Natural born citizens of the Philippines,
2. At least forty (40) years old,
3. Of recognized probity and independence,
4. Member of the Philippine Bar,
5. Must not have been candidates for any elective
national or local office in the immediately preceding
election whether regular or special.
Term
The Special Prosecutor, shall serve for a term of seven (7)
years without reappointment.
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Removal; Filling of Vacancy
1. In accordance with the provisions of Article XI of the
Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust.
2. The Special Prosecutor, may be removed from office
by the President -for any of the grounds provided for
the removal of the Ombudsman, and after due
process.
• The Special Prosecutor shall not, during their tenure,
hold any other office or employment.
• Shall not, during said tenure, directly or indirectly
practice any other profession, participate in any
business, or be financially interested in any contract
with, or in any franchise, or special privilege,granted
by the government or any subdivision, agency or
instrumentality thereof, including government-owned
or controlled corporations or their subsidiaries.
• Shall strictly avoid conflict of interest in the conduct of
their office.
• Shall not be qualified to run for any office in the election
immediately following their cessation from office.
• Shall not be allowed to appear or practice before the
Ombudsman for two (2) years following their cessation
from office.
• No spouse or relative by consanguinity or affinity within
the fourth civil degree and no law, business or
professional partner or associate the Special
Prosecutor within one (1) year preceding the
appointment may appear as counsel or agent on any
matter pending before the Office of the Ombudsman
or transact business directly or indirectly therewith.
• This disqualification shall apply during the tenure of the
official concerned. This disqualification likewise
extends to the law, business or professional firm for
the same period.
Authority and Responsibilities
• Shall be composed of the Special Prosecutor and
his prosecution staff. The Office of the Special
Prosecutor shall be an organic component of the
Office of the Ombudsman and shall be under the
supervision and control of the Ombudsman.
• It shall, under the supervision and control and
upon the authority of the Ombudsman, have the
following powers:
To conduct preliminary investigation and
prosecute criminal cases within the jurisdiction of
the Sandiganbayan;
2. To enter into plea bargaining agreements; and
3. To perform such other duties assigned to it by the
Ombudsman.
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THE SANDIGANBAYAN
Jurisdiction in general
1. Violations of Anti-graft and Corrupt Practices Act;
2. Republic Act No. 1379
3. Chapter II, Section 2, Title VII, Book II of the Revised
Penal Code
4. One or more of the accused are officials occupying the
following positions in the government whether in a
permanent, acting or interim capacity, at the time of the
commission of the offense:
a. Officials of the executive branch occupying the
positions of regional director and higher, otherwise
classified as Grade '27' and higher, of the
Compensation and Position Classification Act of
1989 (Republic Act No. 6758), specifically
including:
b. Provincial governors, vice-governors, members of
the Sangguniang Panlalawigan and provincial
treasurers, assessors, engineers and other
provincial department heads'
c. City mayors, vice-mayors members of the
Sangguniang Panlungsod city treasurers,
assessors, engineers and other city department
heads;
d. Officials of the diplomatic service occupying the
position of consul and higher;
e. Philippine army and air force colonels, naval
captains, and all officers of h gher rank;
f. Officers of the Philippine National Police while
occupying the position of provincial director and
those holding the rank of senior superintendent or
higher;
g. City and provincial prosecutors and their
assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor;
h. Presidents, directors or trustees, or managers of
government-owned or controlled corporations,
state universities or educational institutions or
foundations;
i. Members of Congress and officials thereof
classified as Grade 27 and up under the
Compensation and Position Classification Act of
1989;
J. Members of the judiciary without prejudice to the
provisions of the Constitution
k. Chairmen and members of Constitutional
Commissions, without prejudice to the provisions
of the Constitution;
I. All other national and local officials classified as
Grade 27 and higher under the Compensation and
Position Classification Act of 1989.
5. Other offenses or felonies hether simple or
complexed with other crimes committed by the public
officials and employees mentioned above in relation to
their office.
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POLITICAL LAW
6. Civil and criminal cases filed pursuant to and in
connection with Executive Order Nos. 1, 2, 14 and 14-
A, issued in 1986. (RA 8249, sec. 4(a))
Offenses committed in relation to public office
1. Accused is any one of the Public Officers and
Employees in Subsection (a) of Section 4 of RA 8249
or with Salary Grade 27 and above;
2. Accused commits any other offense/felony, than those
specified in Subsection (a), whether simple or
complexed with other crimes;
3. The offender commits such other offense/felony in
relation to his office.
"In relation to his office" - WIC
1. It cannot exist Without the office, or
2. If the office is a Constituent element of the crime as
defined in the statute, or
3. Must be Intimately connected with the office of the
offender
Appellate jurisdiction
Cases decided by the RTC filed against lower level public
officials or those classified as Grade 26 and lower,
involving:
1. Violations of RA 3019;
2. RA 1379;
3. Direct/indirect bribery and Corruption of Public officials
It is the Sandiganbayan which has jurisdiction over appeals
from criminal cases where the accused is a government
employee. Pursuant to RA 8249, the Sandiganbayan shall
exercise exclusive appellate jurisdiction over final
judgments, resolutions or orders of regional trial courts
whether in the exercise of their own original jurisdiction or
of their appellate jurisdiction as herein provided. (Filomena
v. People, G.R. 188630, 2011)
While it is the Ombudsman who has the full discretion to
determine whether or not a criminal case should be filed in
the Sandiganbayan, once the case has been filed with said
court, it is the Sandiganbayan, and no longer the
Ombudsman, which has full control of the case so much so
that the Information may not be dismissed without the
approval of said court. In this case, the Sandiganbayan
ordered the Special Prosecutor to conduct a
reinvestigation and subsequently granted his motion to
withdraw the informations, after finding no probable cause
against the latter on reinvestigation. The Sandiganbayan
thus gave its approval to the withdrawal of the informations
and ordered the dismissal of the cases. Since no appeal
was taken by the Special Prosecutor from the order of
dismissal within the reglementary period, the same had
become final and executory. (City Government of
Tuguegarao v. Ting, G.R. 192435-36, 2011)
In all cases elevated to the Sandiganbayan and from the
Sandiganbayan to the Supreme Court, the Office of the
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Ombudsman, through its Special Prosecutor, shall

represent the People, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A. A private
complainant in a criminal case before the Sandiganbayan
is allowed to appeal only the civil aspect of the criminal
case after its dismissal by said court. (City Government of
Tuguegarao v. Ting, G.R. 192435-36, Sept.14, 2011)

The special civil action of certiorari is not the proper

remedy to challenge a judgment conviction rendered by
the Sandiganbayan. Petitioner should have filed a petition
for review on certiorari under Rule 45. Pursuant to Section
7 of Presidential Decree No. 1606, as amended by
Republic Act No. 8249, decisions and final orders of the
Sandiganbayan shall be appealable to the Supreme Court
by petition for review on certiorari raising pure questions of
law in accordance with Rule 45 of the Rules of Court.
(lcdang v. Sandiganbayan, G.R. 185960, 2012)

The Sandiganbayan has the 9uthority, to order the

preventive suspension of an incumbent Senator charged
with violation of the provisions of RA 3019 or the Anti-Graft
and Corrupt Practices Act. (Santiago vs. Sandiganbayan,
G.R. 128055, 2001)

-----end of topi7

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IX. ADMINISTRATIVE LAW GENERAL PRINCIPLES

TOPIC OUTLINE UNDER THE SYLLABUS Administrative Law

A. General principles
B. Powers of administrative agencies
1. Quasi-legislative (rule-making) power
a. Kinds of administrative rules and
regulations
b. Requisites for validity
2. Quasi-judicial (adjudicatory) power
a. Administrative due process
b. AdminisVative appeal and review
c. Administrative res jud cata
3. Fact-finding, investigative licensing, and rate-
fixing powers
C. Doctrines of primary jurisdiction and exhaustion
of administrative remedies
part of public law that fixes the organization and
determines the competence of administrative authorities
and indicates to the individual remedies for the violation of
his rights (Nachura, Outline Reviewer in Political Law, 493,
2015).
Scope of Administrative Law — (FEG-CP-GRB)
1. Fixes the administrative organization and structure of
the government.
2. Executes or enforces that which is entrusted to
administrative authorities (all those public officers and
organs of the government charged with amplification,
application, and execution of the law).
3. Governs public officers
4. Creates administrative agencies
5. Provides the remedies to those aggrieved by these
agencies.
6. Governs judicial review
7. Includes Rules, regulations, orders and decisions
made by administrative authorities.
8. Includes the Body of judicial decisions/doctrines on
any of the above.

Princi al Subdivisions
LAW OF INTERNAL LAW OF EXTERNAL
ADMINISTRATION ADMINISTRATION

Treats of the legal Concerned with the legal

relations between the relations between
government and its administrative authorities
administrative officers, and private interests.
and of the legal relations
that that one
administrative officer or
organ bears to another.

Classification
As to source:
LAW THAT CONTROLS LAW MADE BY ADMIN.
ADMIN. BODIES AUTHORITIES

Constitution, statutes, General regulations and

judicial decisions, E.O.s, particular determinations;
A.O.s, etc. constitutes delegations of
power embodied in
statutory administrative
law, and imposing and
constantly expanding body
of law.

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As to purpose: Administrative Agencies

ADJECTIVE or Definition
SUBSTANTIVE ADMIN.
PROCEDURAL ADMIN. Administrative agency - An agency exercising some
LAW
LAW significant combination of executive, legislative and judicial
powers.
Establishes the prqcedure Derived from same
which an agency nust or sources but contents are Manner of Creation
may follow in the pi. rsuit of different in that the law 1. Established by the Constitution
its legal purpose. establishes primary rights • If created by the Constitution itself, it can only be
and duties. altered or abolished by the constitution itself.
2. Created by statute or law
As to a licabili : • Legislature may amend or repeal the law creating
it, thereby affecting the agency created by it.
SPECIAL or 3. By authority of law
GENERAL ADMIN. LAW PARTICULAR ADM/N.
LAW
This is a recognized exception to the principle of non-
Part that pertains to delegability of legislative power.
Part that is of a general
nature and common to all, particular agencies;
from the As a result of the growing complexity of the modern
or most, admin agencies; proceeds
society, it has become necessary to create more and more
chiefly, but not exclusively particular, statute creating
administrative bodies to help in the regulation of its
procedural law. the individual agency.
ramified activities. Specialized in the particular fields
assigned to them, they can deal with the problems thereof
Administration ,of Government v. Administration of with more expertise and dispatch than can be expected
Justice: from the legislature or the courts of justice. This is the
reason for the increasing vesture of quasi-legislative and
ADMINISTRATION OF ADMINISTRATION OF
quasi-judicial powers in what is now not unreasonably
GOVERNMENT JUSTICE
called the fourth department of the government. (Solid
Homes v. Payawal, G.R. 84811, 1989)
Administrative officers Work done consists in the
must determine what is the decis on of controversies
Kinds of Administrative agencies (BIG GAP)
law in order to determine between individuals and
1. Perform some Business for the public (e.g. MWSS,
whether they are government officers, as to
PNR, NFA)
competent to act and if it is the applicability in the
2. Regulate businesses affected with public Interest (e.g.
wise to act. cases in question; all that
LTFRB, ERB)
judicial officers have to do
3. Offer some Gratuity, grant or special privilege (e.g.
is determine what law is
GSIS, SSS, Philippine Veterans Administration)
applicable to the facts
4. It is true that under Section 41(n) of RA 8291 (the GSIS
brought before them. Law), GSIS is expressly granted the power to adopt a
retirement plan and/or financial assistance for its
ADMINISTRATION GOVERNMENT
employees, but a closer look at the provision readily
shows that this power is not absolute. It is qualified by
Refers to the aggregate of Instikition or aggregate of the words "early," "incentive," and "for the purpose of
persons in whose hands institutions by which an
retirement." The retirement plan must be an early
the reins of the independent society
retirement incentive plan and such early retirement
government are entrusted makes and carries out incentive plan or financial assistance must be for the
by the people for the time those rules of action which
purpose of retirement. But, the retirement plan in this
being. are necessary to enable
case is not such retirement plan, thus falls outside the
men to live in a civilized powers granted to the GSIS. (GSIS v. COA, G.R.
state, or which are 162372, 2011)
imposed upon the people
5. Seek to carry on certain functions of the Government
forming that society by (e.g. BIR, Bureau of Customs, Bureau of Immigration)
those who possess the
6. Seek to Adjust individual controversies because of
power or authority of some strong social policy involved (e.g. NLRC, DAR)
prescribing them.
7. Seek under Police power to regulate private
businesses and individuals (e.g. SEC, MTRCB,
Dangerous Drugs Board)
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The MMDA is a development authority created for the
purpose of laying down policies and coordinating with
various agencies, organizations and the private sector,
which may enforce, but not enact ordinances. RA 7924
does not grant the MMDA with the police power, let alone
the legislative power, and that all its functions are
administrative in nature. (MMDA v Garin, G.R. 130230,
2005).
Administrative agencies have powe s and functions which
may be administrative, investigatory, regulatory, quasi-
legislative, or quasi-judicial, or a mix of the five, as may be
conferred by the Constitution or by statute. They have in
fine only such powers or authority as are granted or
delegated, expressly or impliedly, by law. And 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. MTRCB, G.R 165785, 2009)
Limitations:
1. Validity of granting statue: comp eteness and sufficient
standard tests
2. Constitutional protections: due process, equal
protection and notice
3. Reasonableness
4. Notice
5. Statutory requirements for regulations
Powers of Administrative Agencies
1. Discretionary - The power or right conferred upon
them by law to act officially under certain
circumstances, according to the dictates of their own
judgment and conscience, and not controlled by the
judgment or conscience of others.
2. Ministerial - Nothing is left to discretion; a simple,
definite duty arising under conditions admitted or
proved to exist, and imposed by ow; a duty performed
in response to what has been imposed by law under
conditions specified by law not being dependent upon
the officer's judgment or discretion.
POWERS OF ADMINISTRATIVE AGENCIES
QUASI-LEGISLATIVE (RULE MAKING) POWER
Authority delegated by Congress to the administrative
body to adopt rules and regulations ntended to carry out
the provisions of a law, and implement legislative policy.
This is a form of delegated legislation. Valid regulations
have the force and effect of law.
Kinds of Agency Rules
1. Non-Legislative Rule
a. No force of law
b. No need for notice, comment and publication
Page 187 of 320
POLITICAL LAW
c. Exception: When rule affects third persons
(Tafiada v. Tuvera)
d. Examples: (SIPI)
i. Supplementary - Those which supply details,
also known as detailed legislation.
ii. Interpretative - Those that do no more than to
interpret a statute. These are given weight and
respect but are not conclusive to the courts.
Recall that administrative agencies are
possessed of specialized knowledge
iii. Procedural - Those which describe the
method by which the agency will carry out its
appointed functions
iv. Internal - Those issued by a superior
administrative or executive officer to his
subordinates for the proper and efficient
administration of law.
2. Legislative/Substantive Rule
a. With force of law
b. Needs notice, comment, and publication (Chap 2.
Book VII, Administrative Code and Art. 2, Civil
Code)
c. Examples: (PCS)
i. Penal - Those that carry out penal or criminal
sanctions for violation of the same.
ii. Contingent - Those which determine when a
statute will go into effect. Power to ascertain
the happening of such facts may be delegated
to administrative agencies
iii. Supplementary - Those which only supply
details, also known as detailed legislation.
Subordinate Legislation
A legislative rule is in the nature of subordinate
legislation, designed to implement a primary legislation by
providing the details thereof. In the same way that laws
must have the benefit of public hearing, it is generally
required that before a legislative rule is adopted there must
be hearing. On the other hand, interpretative rules are
designed to provide guidelines to the law which the
administrative agency is in charge of enforcing. (CIR v. CA,
G.R. No. 119761, 1996 citing Misamis Oriental Association
of Coco Traders Inc. v. Dept. of Finance)
Administrative issuances
Administrative issuances partake of the nature of a statute
and have in their favor a presumption of legality. As such,
court cannot ignore administrative issuances especially
when, as in this case, its validity was not put in issue.
Unless an administrative order is declared invalid, court
has no option but to apply the same. (Alfonso v. Land Bank
of the Philippines, G.R. Nos. 181912 & 183347, 20:16)
ATENEO CENTRAL
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Special Requisites of Penal Rules: -,(PFP0)
1. The law which authorizes the promulgation of rules Interpretative regulations and those merely internal in
and regulations must itself Provide for the imposition nature, that is, regulating only the personnel of the
of a penalty for their violation; administrative agency and not the public, need not be
2. The law must Fix or define such penalty; published. Neither is publication required of the so-called
3. The violation for which the rules and regulations letters of instructions issued by administrative superiors
impose a Penalty must be punishable under the law concerning the rules on guidelines to be followed by their
itself; and subordinates in the performance of their duties. (VFP v.
4. The rules and regulations must be published in the Reyes, G.R. No. 155027, 2006)
Official Gazette or Newspaper of General Circulation
and archived at the UP Law Center. LEGISLATIVE QUASI-LEGISLATIVE
,
Rule Publication Involves the discretion to Only involves the
PUBLICAT NOTICE determine what the law discretion -to determine
KIND shall be how the law shall be
ION AND
(Code: SIC GRANT enforced
REQUIRE COMMENT
PIP)
MENT
Cannot'be delegated Can be delegated
Suppleme Express or Yes Yes/No
ntary implied Tests of Delegation:
1. Completeness test - The statute must be complete in
Interpretati Express or No No all its terms and conditions when it leaves the
ve implied legislature such that when it reaches the delegate, the
only thing he will have to do is to enforce it.
Contingent Express Yes Yes 2. Sufficient standard test - The statute fixes a
standard, mapping out the boundaries of the agency's
Express or Yes No authority to which it must conform. The law must offer
Procedural
Implied a sufficient standard to specify the limits of the
delegate's authority, announce the legislative po icy
Express or No No
Internal and specify the conditions under which it is to be
implied
implemented.
Penal Express Yes Yes
The two tests must concur. If one or both are absent,
any delegation that occurs is undue delegation of
legislative powers.
According to the Administrative Code, 3 copies of every
rule should be filed in the Office of the National Exceptions (To The Rule Requiring Standards; When
Administrative Register (ONAR) of the UP Law Center. Not Required): (SPIRPE)
Failure to comply with this makes the administrative 1. Handling of State property or funds
issuance ineffective & may not be enforced. (GMA v. 2. When the law does not involve Personal cir property
MTRCB, G.R. 148579, 2007) This registration requirement rights
is part of publication. 3. Matters of Internal administration
4. Power of the board to make Recommendation
Not all rules and regulations adopted by every government 5. Matters involving Privileges (like use of property,
agency are to be filed with the UP Law Center. Only those engaging in profession)
of general or of permanent character are to be filed. 6. Regulation or Exercise of police power to protect
Internal rules which are meant to regulate the personnel of general welfare, morals and public policy
the GSIS are not subject to with the UP Law Center. (Board
of Trustees v. Velasco, G.R. 17046, 2011). Note: Still subject to reasonableness standard

All that is required for the validity of rules promulgated by Nature of power of the Executive to adopt rules and
administrative agencies is the filing of three (3) certified regulations to execute or implement the law
copies with the University of the Philippine Law Center. The inherent power of the Executive to adopt rules and
Within 15 days of filing, administrative rules become regulations to execute or implement the law is different
effective. Non-publication does not invalidate the from the delegated legislative power to prescribe rules.
Department Order. (Quezon City PTCA Federation v. The inherent power of the executive to adopt rules to
DepEd, G.R.No. 188720, 2016) execute the law does not require any legislative standards
Page 188 of 320
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for its exercise while the delegated legislative power
requires sufficient legislative sten ards for its exercise.
(Cervantes v. Auditor General, G.R. L-4043, 1952).
Appropriation
The Administrative Code of 1987 expressly declares void
a contract that fails to comply with the two requirements,
namely: (1) an appropriation law funding the contract and
(2} a certification of appropriation and fund availability. The
clear purpose of these requirements is to insure that
government contracts are never signed unless supported
by the corresponding appropriation law and fund
availability. (PNR v. Kanlaon Construction Enterprises Co.
Inc., G.R. 182967,2011).
Requisites for validity
Rules in Rule-Making (Requisites for Validity):
(CURLAP)
1. It must be Consistent with the law and the constitution.
2. It must be Uniform in operation, reasonable and not
unfair or discriminatory.
3. It must have a Reasonable relationship to the purpose
of the law.
4. It must be within the Limits of the powers granted to
administrative agencies.
5. May not Amend, alter, modify, supplant, enlarge, limit
or nullify the terms of the law.
6. Must be promulgated in accordance with the
Prescribed procedure.
Administrative rules merely interpretative in nature
When an administrative rule is merely interpretative in
nature, its applicability needs nothing further than its bare
issuance for it gives no real consequence more than what
the law itself has already prescribed. When, upon the other
hand, the administrative rule goes beyond merely
providing for the means that can facilitate or render least
cumbersome the implementation of the law but
substantially adds to or increases the burden of those
governed, it behooves the agency to accord at least to
those directly affected a chance to be heard, and thereafter
to be duly informed, before that new ssuance is given the
force and effect of law. (CIR v. Coil of Appeals, G.R.No.
119761, 1996)
The DOH's power under the Mi k Code to control
information regarding breast milk vis-a-vis breast milk
substitutes is not absolute, as the power to control does
not encompass the power to absolutely prohibit the
advertising, marketing, and promotion of breast milk
substitutes. Neither the Milk Code nor the Revised
Administrative Code grants the DOH he authority to fix or
impose administrative fines. Without any express grant of
power to fix or impose such fines, the DOH cannot provide
for those fines in the RIRR. The DOH exceeded its
authority by providing for such fine or sanctions in the
RIRR. (Pharmaceuticals and Health Care Association of
the Philippines v. Duque, G.R. 1730314, 2007)
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POLITICAL LAW
The Laguna Lake Development Authority has power to
impose fines in the exercise of its function as a regulatory
and quasi-judicial body with respect to pollution cases in
the Laguna Lake region. (Public Hearing Committee of the
Laguna Lake Development Authority v. SM Prime Holding,
G.R. 170599, 2010).
QUASI-JUDICIAL (ADJUDICATORY) POWER
Administrative due process
Also known as adjudicatory powers, it is the power of
administrative authorities to make determinations of facts
in the performance of their official duties and to apply the
law as they construe it to the facts so found. It partakes of
the judicial power, but is exercised by a person other than
a judge.
The Presidential Electoral Tribunal (PET) does not
exercise quasi-judicial functions. When the Supreme
Court, as the PET, resolves a presidential or vice-
presidential election contest, it performs what is essentially
a judicial power. (Macalintal v. Presidential Electoral
Tribunal, G.R. 191618, 2010).
The classification of positions in career service is a quasi-
legislative, not a quasi-judicial, issuance. This distinction
determines whether prior notice and hearing are
necessary. It was an internal matter which did not need
prior publication. It had been issued as an incident of the
administrative body's power to issue guidelines for
government officials to follow in performing their duties. 1
(Abella v. CSC, G.R. 152574, 2004).
The fact that the Toll Regulatory Board is exercising its
administrative or executive functions such as the granting
of franchises or awarding of contracts and at the same time
exercising its quasi-legislative and/or quasi-judicial
functions (e.g., rate-fixing), does not support a finding of a
violation of due process or the Constitution. (Francisco, Jr.,
et al. vs. Toll Regulatory Board, G.R.
166910/169917/173630/183599, 2010).
It is well settled that findings of fact of quasi-judicial
agencies, such as the COA, are generally accorded
respect and even finality by this Court, if supported bY
substantial evidence, in recognition of their expertise on
the specific matters under their jurisdiction. (Reyna v.
Commission on Audit, G.R. 167219, 2011).
The doctrine of separate personality of a corporation finds
no application in a government agency. Also, the law
states that expenditures of government funds or uses
government property in violation of law or regulations shall
be a personal liability of the official or employee found to
be directly responsible therefore. (Verzosa, Jr. v. Carague,
G.R. 157838, 2011).
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Quasi-legislative v. uasi- remedied through an Order giving petitioners the right

to participate in the hearing of the MR. The opportunity
QUASI- 1 QUASI- granted by, technically, allowing petitioners to finally
LEGISLATIVE JUDICIAL be able to file their comment in the case, resolves the
procedural irregularity previously inflicted upon
Express or Express petitioners. (NASECORE v. ERC, G.R. 190795, 2011)
Grant Implied 4. The Board of Medicine can property admit formal offer
(SIC PIP) of evidence to prove that a person's kidneys were in
their "proper anatomical locations" at the time she was
Parties All/ Sectors Particular
operated and that the BOM shall determine the
involved probative value thereof, if the original documentary
Yes evidence cannot be produced. The rules of evidence
Adversarial No
are merely the means for ascertaining the truth
Controversy None Exists respecting a matter of fact. Rules of evidence are not
strictly applied in proceedings before administrative
Notice and No Yes bodies such as the BOM. (Atienza v. Board of
Hearing Medicine, G.R. 177407, 20t1)

Primary J./ Not applicable Applicable Enforcement of decisions

Exhaustion
A.R.
Time Future Past/ Present
Depends on tyPe Yes
Publication
of rule (SIC PIP)
Doctrines:
1. 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. As long as the parties are given the
opportunity to be heard before judgment is rendered,
the demands of due process are sufficiently met. What
is offensive to due process is the ;; denial of the
opportunity to be heard. Nothing is irregular in
considering the investigation terminated and
submitting the case for resolution based on available
evidence upon failure of the respondent to file his
counter-affidavit or answer despite giying him ample
opportunity to do so. Moreover, Section 14, Article VIII
of the 1987 Constitution need not apply to decisions
rendered in administrative pro8eedings. Said section
applies only to decisions rendered in judicial
proceedings. It would be error to hold; or even imply
that decisions of executiye departments or
administrative agencies are obliged:, to meet the
requirements under Section 14 ArticleVIII. (Flores v.
Montemayor, G.R. 170146,2011)
2. A respondent in an administrative case is not entitled
to be informed of the prel minary 1, findings and
recommendations; he is entitled only to a reasonable
opportunity to be heard, and to the administrative
decision based on substantial evidence: (Velasquez v.
CA, G.R. No. 150732, 2004)
3. There is no denial of due process if any irregularity in
the premature issuance of a decision has been
Page 190 of 320
It must be in accordance with the manner prescribed by the
statute. If there is no provision, resort to the courts is
necessary for enforcement.
Characteristics of Quasi-Judicial Proceedings
(PJAC)
1. Adversarial in nature; every proceeding is adversary in
substance if it may result in an order in favor of one
person against another.
2. Such proceedings partake of the nature of Judicial
proceedings if it involves taking and evaluation of
evidence, determination of facts based upon evidence
presented and rendering an order or decision
supported by the facts proved.
3. Particular proceedings before an administrative
agency have been held Civil rather than criminal in
nature.
4. The proceeding for forfeiture while administrative in
character thus possesses a criminal or penal aspect.
(Cabal v. Kapunan, G.R. L-19052, 1962).
Requisites of Quasi-Judicial Proceedings: (JD)
1. Jurisdiction (defined by law/charter) - power and
authority given by law to hear and decide a case;
consists of TWO elements—jurisdiction over subject-
matter and over the person. Without jurisdiction, acts
are void and open to collateral attack.
a. Administrative agencies are tribunals of
specialized or limited jurisdiction, which is
dependent entirely upon the validity and the terms
of the statutes reposing powerin them.
b. An administrative agency cannot enlarge its orm
jurisdiction nor can jurisdiction be conferred upon
an agency by parties before it.
c. When a particular statute authorizes an
administrative agency to act in a particular
situation, it necessarily confers upon such agency
authority to determine whether the situation is
such as to authorize the agency to act; an
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administrative agency's determination as to its
jurisdiction is not conclusive to the Courts.
d. Expiration of a statute may be held not to deprive
an administrative agency ofl jurisdiction to enforce
the statute as to liabilities incurred while the statute
was in force, where a general Saving statute
continues such liabilities.
e. Administrative agencies are creatures of the law
and they have no general pcwers but only such as
conferred by law; where the law Confines in an
administrative officer the power to determine
particular questions or matters upon facts
presented, the jurisdiction of such office shall
prevail over courts. I heard. A formal or trial-type hearing is not always
f. In order for the Court to acquire ju jisdiction over
an administrative case, the complaint must be filed
during the incumbency of the respondent. Once
jurisdiction is acquired, it is not lost1 by reason of
respondent's cessation from office. (Office of the
Court Administrator v. Andaya, A.M. RTJ-09-2181,
2013).
2. Due Process — Doctrine of primary junsdiction.
a. If the determination requires the expertise,
specialized skills and knowledge Of the proper
administrative bodies because technical matters
or intricate questions of facts are involved, then
relief must first be obtained in an administrative
proceeding before remedy will be supplied by the
courts.
b. Failure to comply with this doctrine renders the
action open to a motion to suspend pending
referral of the issues to the administrative agency.
Administrative Due Process: (HIP DESK) ;
1. The right to a Hearing, which ncludeS the right to
present one's case and submit evidence in support
thereof. However, a "trial-type proceeding is not
required. The essence is the opportunki to be heard.
2. The tribunal or body or any of its judges rpust act on its
or his own Independent consideration of the law and
facts of the controversy, and not simp y accept the
views of a subordinate in arriving] at a decision.
3. The decision must be based on the evidence
Presented at the hearing or at least contained in the
record and disclosed to the parties affected.
4. The Decision must have something to support itself.
5. The tribunal must consider the Evidence presented.
6. Evidence supporting the conclusion must be
Substantial.
7. The board or body should, in all controversial
questions, render its decision in such a manner that
the parties to the proceeding can Know the various
issues involved and the reasons for the decision
rendered. (Ang Tibay v. CIR, G.R. L-46496, 1940)
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POLITICAL LAW
Doctrines:
1. For as long as the parties were given fair and
reasonable opportunity to be heard and to submit
evidence in support of their arguments before
judgment was rendered, the demands of due process
are sufficiently met. (Casimiro v. Tandog G.R. 146137,
2005)
2. Procedural due process is the constitutional standard
demanding that notice and an opportunity to be heard
be given before judgment is rendered. As long as a
party is given the opportunity to defend his interests in
due course, he would have no reason to complain; the
essence of due process is in the opportunity to be
necessary. (Imperial v. GSIS, G.R. 191224, 2011)
3. A decision is void for lack of due process if, as a result,
a party is deprived of the opportunity to be heard. A
void decision may be assailed or impugned at any time
either directly or collaterally by means of a separate
action, or by resisting such decision in any action or
prodeeding where it is invoked. (Uy vs. Court of
Appeals, G.R. 109557, 2000)
4. The rule requiring an administrative officer to exercise
his own judgment and discretion does not preclude him
from utilizing the aid of his subordinates in the hearing
and reception of evidence.
5. When an administrative agency acts as a collegiate
body, its power and duties cannot be exercised by the
members individually.
6. Procedural due process is the necessity for notice and
an opportunity to be heard before judgment is
rendered. As long as a party is given the opportunity to
defend his interests in due course, he would have no
reason to complain, for it is this opportunity to be heard
that makes up the essence of due process. (Catmon
Sales v. Yngson, G.R. 179761, 2010)
7. 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. (Antonio v. Villa, G.R. 114694, 2005)
8. There is no denial of due process just because no
cross-examination took place. What is important is that
she was given the opportunity to do so. (Vertudes v.
Buenaflor, G.R. 153166, 2005)
9. In administrative proceedings, the filing of charges and
giving reasonable opportunity for the person charged
to answer the accusation against him constitute the
minimum requirements of due process. (Cayago v.
Lina, G.R. 149539, 2005)
10. Some proceedings are instituted by simple ex parte
applications. Others are instituted by filing of a charge
or complaint by an aggrieved person. Under other
statutes, particular administrative agencies may
institute proceedings on their own initiative, motion, Or
complaint.
11. Due Process requirements are usually in the statute,
but if none is provided, the Constitutional guarantee Of
due process of law must be upheld. (Notice, to enable
ATENEO CENTRAL
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a party to be heard and ;to present eVidence, is not a
mere technicality or a trivial matter in any judicial or
quasi-judicial proceedings. The service of summons is
a very vital and indispensable ingi-edient of Due
Process). When an agency fails to afford previous
notice, it may be cured by subsequently giving the
party an opportunity to be heard. Motion for
reconsideration is a means to cure the defect of notice.
12. Non-filing of any administrative charge against the
accused preparatory -to his d'smissal and therefore
the dismissal effected without any administrative
complaint, violated •the right of the accused to
substantive and procedural due process. He is entitled
to reinstatement and to payment of the salaries,
allowances, and other benefits withheld from him by
reason of his discharge from the service. (Calinisan v.
Roaquin, G.R. 159588, 2010)
13. The subsequent desistance by complainant does not
free the respondent from liability, as the purpose of an
administrative proceeding is to protect the public
service based on the time-honored principle that a
public officer is a public trust. (Encinas v. Agustin Jr.,
G.R. 187317, 2013)
14. The Revised Rules on Administrative Cases in the Civil
Service themselves -provide that administrative
investigations shall be conducted without strict
recourse to the technical rules of procedure and
evidence applicable to judicial proceed ngs. (Adalin v.
Taninas, G.R. L-198682, 2013)
15. The dismissal of the criminal cOmplaint does not affect
the administrative case arising from the' same incident
which gave rise to said criminal cae. (Gabriel v.
Ramos, A.M. P-06-2256, 2013)
Exceptions to Requirement of Notice And Hearing:
(UTOS CLAPP)
1. Urgency of immediate action
2. Tentativeness of the administrative action
3. Right was previously Offered hilt not claimed
4. Summary abatement of a nuisance per se
5. Cancellation of a passport of a person sought for
criminal prosecution
6. Summary proceedings of Levy upon properties of a
delinquent taxpayer
7. Replacement of a temporary or Acting appointee
8. Preventive suspension of a public servant facing
administrative charges
9. Padlocking of filthy restaurants/ theaters showing
obscene movies
Investi ation v. Hearinq:
; compromise and arbitration.
INVESTIGATION HEARING
By government officials, There are ''.)arties and
which may be held in issues of law end of fact to
private are informal be thed ' and at the
proceedings to obtain conclusion of the hearing,
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POLITICAL LAW
information to govern action is taken which may
future actions, have no affect the parties, rights
parties, and are not and parties are entitled to
proceedings in which be present in person 9nd
action is taken against by counsel, participate in
anyone. the hearing, and entitled to
be furnished a record I of
the proceedings.
The filing of formal charges against the respondents
without complying with the mandated preliminary
investigation (provided by law) or at least giving the
respondents the opportunitylo comment violated their right
to dueiprocess. 'Accordingly, the formal charges are Void
ab initio and may be assailed directly or indirectly at
anytime. (Garcia -v. Molina, G.R. 157383/174137, 201o)
A formal charge is a written specification of the charge(s)
against an employee. While its form may vary, it generally
embodies a brief statement of the material and relevant
facts constituting the basis of the 'charge(s); a directive for
the employee to answer the charge(s) in writing and under
oath, accompanied by his/her evidence; and advice for the
employee to 'indicate in his/her answer whether he/she
elects a formal investigation; and a notice that he/she ray
secure the assistance of a counsel of his/her own choice.
(PAGCOR v. CA, G.R. 185668, 2011)
In administrative proceedings, the complainant bears the
onus of establishing, by substantial evidence, the
averments of his complaint. A complainant cannot relyI on
mere conjenctures and suppositions. (Sasing v.
Gelbolingo, A.M. No. P-12-3032, 2013; Re: Letter
Complaint of Merlita B. Fabiana Against Presiding Justice
Andres B. Reyes, A.M. No. CA-13-51-J, 2013)
The AMLC's investigation of money laundering offenses
and •its determination of possible money laundering
offenses, specifically its inquiry into certain bank accounts
allowed by court order, does not transform it into an
investigative body exercising quasi-judicial powers.
Hence, Section 11 of the AMLA, authorizing a bank inquiry
court order, cannot be said to violate SPCME3's
constitutional right to procedural process. (Subido Pagente
Certeza 'Mendoza and Binay Law Offices v. CA, G.R. No.
216914, 2017)
Rules on adjudication (EO 292, Book VII)
1. Compromise and Arbitration - every agency shall, in
the public interest, encourage amicable settlement,
2. All parties shall be entitled to notice and hearing; the
notice shall be served at least 5 days before the date
of hearing and shall state the date, time, and place of
the hearing.
3. Parties shall be given opportunity to present evidence
and argument on all issues.
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4. Rules on Evidence - May admit evidence commonly 2. A petition for review shall be perfected within 15 days
accepted by reasonably prudent men. from receipt of the final administrative decision; 1
5. Right to cross-examine witneses. month's extension may be allowed.
6. Agency may make judicial notice to aix technical or
scientific facts within in its specialized knowledge. Controversies among Government Offices and
7. The agency shall have the Power td require the Corporations
attendance of witnesses or the production of books, All disputes of government agencies and corporations are
papers, documents and other pertinent data; may settled administratively in the manner provided by the
invoke the aid of the RTC within whose jUrisdiction the Administrative Code. (EO 292, Book IV, Chap. 14)
contested case falls. i
8. Decision - every decision rende ed by the agency in a Submission for Decision for Questions of Law v.
contested case shall be in writing and shall state Questions of Fact and Law
clearly and distinctly the facts and the lew on which it QUESTIONS
QUESTIONS
is based; shall decide within 30 days following the OF FACT AND LAW
OF LAW
submission.
9. Finality of Order - decision shall be final and Submitted to Secretary of 1. Solicitor-General - if
executory 15 days after the receipt of a !I opy thereof. Attorney- the dispute, claim or
Justice as
10. Publication and Compilation of decisions - Every General. His ruling shall be controversy involves
agency shall publish and make availa, le for public only departments',
binding on all the parties
inspection all decisions and final orders. It shall be the bureaus, offices, and
concerned,
duty of the records officer of the agency to prepare a other agencies of the
register or compilation of those decigions or final National Government
orders. as well as the GOCCsL
2. Secretary of Justice, in
Administrative Appeal and Review all other cases not
Appeal mentioned above.
an appeal from a final decision of the agency may be taken
to the department head.
The determination of factual issues may be made by
Perfection of Administrative Appeals arbitration panel composed of representatives from each
Appeals shall be perfected within 15 days after the receipt parties, presided over by Secretary of Justice.
of a copy of the decision complai ed of by the party
adversely affected. General rule: the decision of Solicitor-General and
Secretary of Justice is binding and final.
Effect
The appeal shall stay the decision appealed from if the Exception: When the claim involves 1 million pesos, in
appellate agency does not direct oth7wise. which case, the dispute is appealed to the Office of the
President.
Action on Appeal
The appellate agency may review record and receive Administrative res judicata
additional evidences. Decisions and orders of administrative agencies have
upon their finality, the force and effect of a final judgment
Finality of Decision of Appellate Agency within the purview of the doctrine of res judicata.
becomes final 15 days after receipt of the decision by the
parties. The extent of whether an administrative decision operates
as res judicata also depends on the interpretation of the
enabling statute.
Judicial Review
Agency decisions shall be subject to judicia I review. The The application of the doctrine of res judicata is dependent
action may be brought against the agency, it&officers, and upon the type of determination and proceedings. It is
all indispensible and necessary parties. applicable in administrative actions that have been
characterized as "adjudicatory," "judicial," or "quasi-
Perfection of Appeal judicial." On the other hand, it is inapplicable in
1. The appeal shall be perfected by filing with the agency administrative determinations which are of
within 15 days from receipt of copy; copies shall be "administrative," "executive," "legislative," or "ministerial"
served upon the agency and all parties of records. nature.

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Example: The principle of res judicata is applicable in
labor relations proceedings which are "non-litigious and
summary in nature without regard to legal technicalities
obtaining in courts of law." (Rules and Regulations
Implementing the Labor Code, Sec. 5, Rule XIII, Book V).
Not Applicable
1. When the question of citizenship is resolved by a
court or an administrative body as a material issue
in the controversy after a full-blown hearing. (Zita
Ngo Burca V. Republic, G.R. 122226, 1998; United
Pepsi Cola v. Laguesma, G.R. L-24252, 1973)
2. When WCC Referee awards the employee less
than what the law provides (BF Goodrich v. WCC,
G.R. L-42319, 1978)
Principle of res judicata in the mode of
"conclusiveness of judgment"
The principle of res judicata in the mode of ' conclusiveness
of judgment" applies when the NLRC ruling was affirmed
by the Court of Appeals. It was a judicial affirmation
through a decision duly promulgated and rendered final
and executory when no appeal was undertaken within the
reglementary period. The jurisdiction of the NLRC, which
is a quasi-judicial body, was undisputed. Neither can the
jurisdiction of the Court of Appeals over the NLRC decision
be the subject of a dispute. The NLRC case was clearly
decided on its merits; likewise or the merits was the
affirmation of the NLRC by the Court of Appeals. With
respect to the fourth element of identity of arties, we hold
that there is substantial compliance. The parties in SSC
and NLRC cases are not strictly identical. Jurisprudence
however does not dictate absolute identity but only
substantial identity. There is substantial identity of parties
when there is a community of interest between a party in
the first case and a party in the second case, even if the
latter was not impleaded in the first case. (SSC v. Rizal
Poultry and Livestock Association, G.R. 16050, 2011)
Determinative Powers: (DEEDS)
1. Directing powers - The power of assessment, make
awards and corrective powers.
2. Enabling powers - Those that permit the doing of an
act which the law undertakes to regulate and would be
unlawful without government approval. (e.g. Issuance
of licenses to engage in a particular business)
3. Equitable powers - Those that pertain to the power to
determine the law upon a particular state of facts. It
refers to the right to make proper apPlication of the
rules of equity. (e.g. power to appoint a receiver, power
to issue injunctions)
4. Dispensing powers - Exemplified by the authority to
exempt from or relax a general Prohibition, or authority
to relieve from an affirmative duty. t differs from
licensing power since dispensi g power sanctions a
deviation from a standard.
5. Summary powers - Those that apply compulsion or
force against person or property to effectuate a legal
Page 194 of 320
POLITICAL LAW
purpose without a judicial warrant authorizing such
action; usually without notice and hearing. (e.g.
abatement of nuisance, summary restraint, levy of
property of delinquent taxpayers)
FACT-FINDING, INVESTIGATIVE, LICENSING AND
RATE-FIXING POWERS
Investigatory Powers
The power to inspect, secure, or require the disclosure of
information by means of accounts, records, reports,
statements and testimony of witnesses. This power is
implied and not inherent in administrative agencies. (Sec.
of Justice v. Lantion, G.R. No. 139465, 2000)
nherent v. Implied v. Expressed:
INHERENT 'IMPLIED EXPRESSED
1
Require 1. Fact-finding 1. Issue a
disclosure of 2. Visitorial subpoena
books, etc. powers 2. Cite a
3. Ocular person in
inspection contempt
3. Search and
Seizure '
4. Adjudicate
5. Impose '
coercive
measures 1
The rule is that findings of fact of administrative bodies, if
based on substantial evidence, are controlling on the
reviewing authority. (Reyna v. COA, G.R. 167219, 2011)
The SEC Hearing Officer had the optimum opportunityl to
review the pieces of evidence presented before him and to
observe the demeanor of the witnesses. Administrative
decisions on matters within his jurisdiction are entitled to
respect and can only be set aside on proof of grave abuse
of discretion, fraud, or error of law. (Queensland-Tokyo
Commodities, Inc. v. George, G.R. 172727, 2010) I
The right to counsel under Section 12 of the Bill of Rights
is meant to protect a suspect during custodial investigation.
While investigations conducted by an administrative body
may at times be akin to a criminal proceeding, the rule
under existing laws is that a party in an administrative
inquiry may or may not be assisted by counsel, irrespective
of the nature of the charges and of petitioner's capacity to
represent herself, and no duty rests on such body to
furnish the person being investigated with counsel. As
such, the admissions made by petitioner during the
investigation may be used as evidence to justify her
dismissal. (Carbone! v. CSC, G.R. 187689, 2010)
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Licensina v. Rate Fixin : initial action should be taken by a court or by an

administrative agency
LICENSING RATE FIXING
3. Exhaustion of Administrative Remedies - Designed
Licensing is a quasi- • Quasi-legislative - If primarily to control the timing of judicial relief frOm
judicial function, the rules and rates are adjudicative action of an agency. It is customarily
meant to apply to all applied to adjudication and not to rule-making.
enterprises of a given 4. Ripeness for Review - The same as that of
k nd throughout the exhaustion of administrative remedies, except that it
country, prior notice applies to the rule making and to administrative action
and hearing is not which is embodied neither in rules or regulations no in
required. (General adjudication or final order.
Application)
• Quasi-judicial - If the
rules and rates DOCTRINE OF PRIMARY
imposed apply ADMINISTRATIVE JURISDICTION
exclusive y to a
particular party, based Courts cannot, and will not, resolve a controversy involving
upon a finding of fact, a question which is within the jurisdiction of an
prior notice and administrative agency, especially where the questiOn
hearing is required. demands the exercise of sound administrative discretion
(Particulai• Application) requiring the special knowledge, experience and services
of the administrative agency to determine technical and
intricate matters of fact.
A license may not be withdrawn, except for a violation of
pertinent laws, rules and regulation, or when public health Relief must first be obtained in an administratie
and safety requires. An existing license shall not expire if proceeding before a remedy will be supplied by the court,
the licensee makes a timely application for the renewal. even if the matter is within the jurisdiction of a court.
(Republic v. Martinez, G.R. No. 158253, 2007)
Judicial Recourse and Review

General Rule: The courts accord great weight and respect
to factual findings of administrative bodies.
Exceptions: (FIG-SEC)
1. The findings are vitiated by Fraud, mistake, illegality,
collusion or imposition;
2. Where the procedure which led to the flctual findings
is Irregular;
3. When Grave abuse of discretion, arlpitrariness or
capriciousness is manifest and
4. The findings are not supported by Substantial
evidence;
5. Where palpable Errors are committed;
6. When there is a Conflict in the factual findings.
The determination of where, as between two possible
routes, to construct a road extension s obviously not within
the province of the Court. Such determinatidn belongs to
the executive branch. There can be no judicial review of a
question of executive policy. (Torrecampo v. V1WSS, G. R.
188296, 2011)
Doctrines:
1. Finality of Administrative Action - Th decision of
the tribunal must be final first before it may be reviewed
by the courts.
2. Primary Jurisdiction - Not concerned with judicial
review but determines in some circumstances whether
Page 195 of 320
Exceptions to Doctrine of Primary Jurisdiction:
1. Congress does not intend that the issues be left solely
to the administrative agency for initial determination;
2. When issues involve questions of law; and
3. When courts and administrative agencies have
concurrent jurisdiction. (Republic v. Martinez, G.R. No.
158253, 2007)
The Doctrine of Primary Jurisdiction does not apply in a
case seeking to enjoin the Senate Committee from
conducting further hearings against Senator Villar on the
alleged double insertion of P200 million for the C-5 Road
Extension Project in the 2008 General Appropriations Act.
The issues presented here do not require the expertise,
specialized skills and knowledge of respondent for their
resolution. On the contrary, the issues here are purely legal
questions which are within the competence and jurisdiction
of the Court, and not an administrative agency or the
Senate to resolve. (Pimentel v. Senate, G.R. No. 187714,
2011)
The Supreme Court may defer to the competence and
expertise of the SEC if there are supervening events which
could have substantially changed the factual backdrop of
the case while it was pending before the Court. (Nestle v.
Uniwide, G.R. 174674, 2010). However, complaints for
criminal violations of the Securities Regulation Code must
be filed with the SEC, not DOJ or the courts, because it is
ATENEO CENTRAL
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considered a specialized dispute. (Baviera v. Paglinawan,
G.R. 168380, 2007).
The court may raise the issue of primary j risdiction motu
proprio and its invocation cannot be waiv by the failure
of the parties to argue it, as the doctrin a exists for the
proper distribution of power betweeri judicial and
administrative bodies and not for the con iienience of the
parties. In such a case, the court may ( ) suspend the
judicial process pending referral of suc issues to the
administrative body for its view, or (2) if t parties would
not be unfairly disadvantaged, ismiss the case w/o
prejudice. (Euro-Med Laboratories Phil. . Province of
Batangas, G.R. 148106, 2006)
DOCTRINE OF EXHAUSTION OF ADM ISTRATIVE
REMEDIES
General Rule: An administrative decisio must first be
appealed to the administrative superiors u to the highest
level before it may be elevated -to a cou of justice for
review. It is a condition precedent that m be complied
with. (Sps. Sadang v. CA, G.R. No. 14013 s 2006)
The premature invocation of a cou 's inte ention is fatal
to one's cause of action. Exhaustion of administrative
remedies is a prerequisite for judicial view. It is a
condition precedent which must be compli d with.
Where what is assailed is the validity or co titutionality of
a rule or regulation issued by the administr tive agency in
the performance of its quasi-judicia functio , the assailing
party must exhaust administrative rernedie before going
to court. However, if the rule or regulati was issued
pursuant to the administrative agency's q asi-legislative
function, a party need not exhaust administrative
I and not the administrative agency, would clearly constitute
remedies. The determination of whether a pecffic rule or
set of rules issued by an edminist tive agency
contravenes the law or the constitution is within the
jurisdiction of the regular courts. (Smart C munications
v. NTC, G.R. No. 151908, 2003)
Reasons:
1. To enable the administrative superiors to correct the
errors committed by their subordinates;
2. Courts should refrain from disturbing e findings of
administrative bodies in deference to t e doctrine of
separation of powers;
3. Courts should not be saddled with e review of
administrative cases;
4. Judicial review of administrative cases i usually done
through special civil actions which are a ailable only if
there is no other plain, speedy end ade ate remedy.
5. Availment of administrative remedy ntails lesser
expenses and provides for a speedier
I isposition of
controversies
Page 196 of 320
POLITICAL LAW
EXCEPTIONS: (DARNN JP LICD DRIED LPS Quo)
1. If it should appear that an irreparable Damage will be
suffered by a party unless resort to the court is
immediately made.
2. When the respondent is the Alter ego of the President
3. When no administrative Review is provided es a
condition precedent for court action
4. Where insistence on its observance would result in the
Nullification of the claim asserted
5. When there was No decision rendered
6. When there are special circumstances demanding
immediate Judicial intervention
7. When the administrative remedy is Permissive or
concurrent
8. When the question raised is essentially and purely
Legal
9. When strong public Interest is involved
10. Where the issue raised is the Constitutionality of the
statute, rule or regulation
11. Where it is a civil action for Damages
12. Where the officer acted in utter disregard of Due
process
13. When there is no other plain, speedy, adequate
Remedy
14. When act complained of is patently Illegal
15. When the administrative body or the person invoking
the doctrine is in Estoppel
16. When there is long-continued and unreasonableDelay
17. When the subject of controversy is private Land
18. When the controversy involves Possessory action
involving public lands
19. When the claim involved is Small so that to require
exhaustion would be oppressive and unreasonable,
20. In Quo warranto proceedings
A case where the issue raised is a purely legal question,
well within the competence and the jurisdiction of the court
an exception. Resolving questions of law, which involve
the interpretation and application of laws, constitutes
essentially an exercise of judicial power that is exclusively
allocated to the Supreme Court and subh lower courts the
Legislature may establish. (Ongsuco v. Melones, Gill
182065, 2009)
It bears stressing that the remedies of mandamus and
prohibition may be availed of only when there is no appeal
or any other plain, speedy and adequate remedy in the
ordinary course of law. Moreover, being extraordinary
remedies, resort may be had only in cases of extreme
necessity where the ordinary forms of procedure are
powerless to afford relief. Thus, instead of immediately
filing a petition with the CA, petitioners should have first
brought the matter to the CSC which has primary
jurisdiction over the case. (Cabungcal v. Lorenzo, G.R.
160367, 2009)
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The special civil actions against adminis ative officers end of topic --
should not be entertained if there re superior
administrative officers who could g ant reli f. (Dimson v.
Local Water Utilities Administration, G.R. 1: 17, 656, 2010)

The validity and the enforceability of th "Contract of

Agreement" entered into by the parties 7 re questions
purely of law and clearly beyond the ex ertise of the
Commission on Audit or the DP H. r v. Aquino,
G.R. 180388, 2011)

DOCTRINE OF FINALITY
OF ADMINISTRATIVE ACTION

Courts are reluctant to interfere with a ptiOns of an

administrative agency prior to its complettn or finality.
Absent a final order or decision, power has ot been fully
and finally exercised, and there can u ually be no
irreparable harm. (Mendiola V. CSC, G.R. NO. 100671,
1993)

Exceptions: (SPA DIVE)

I. To grant relief to preserve Status quo p nding further
action by the administrative agency;
2. Essential to the Protection of rights ass rted;
3. When Allowed by law;
4. When the order is not reviewabl and th complainant
will suffer great and obvious Damage the order is
carried out;
5. An Interlocutory order affecting the merits of a
controversy;
6. An administrative officers acts in iolation of
constitution and other laws and
7. To an order made in Excess of powe contrary to
specific prohibitions in the statute.

Appeal to the CA is allowed because a uasi-judicial

agency is equivalent in rank with the RTC. (R les of Court,
Rule 43) CA has the discretion on whethe to allow the
appeal or not.

Factual findings made by quasi-judicial bodies and

administrative agencies when supported b substantial
evidence are accorded great respect and e en finality by
the appellate courts. This is because Om nistrative
agencies possess specialized knowledge an 'expertise in
their respective fields. As such, their findin of fact are
binding upon this Court unless there is a sho ing of grave
abuse of discretion, or where it is clearly sh n that they
were arrived at arbitrarily or in disregaVd of th levidence on
record. The SSS and CSC found the evid nce for the
complainants credible and proved th petitioner
committed the acts complained of. Moreo er, the CA
sustained these factual findings. The Courtfin s no reason
to disturb these findings, and therefoe adop the same.
(Japson v. Civil Service Commission, G.R. I8479, 2011).

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X. ELECTION LAW A. SUFFRAGE

Suffrage — The right to vote in the elections.

TOPIC OUTLINE UNDER THE SY LABUS
A. Suffrage
1. Qualification and Disqualificati n of voters
2. Registration of Voters
3. Inclusion and Exclusior Proce ings
4. Local and Overseas Absentee oting
5. Detainee Voting
B. Candidacy
1. Qualifications and Disqualificat ons of
Candidates
2. Filing of Certificates of Candid
a. Effect of Filing
b. Substitution and Withdraw of
Candidates
c. Nuisance Candidates
d. Duties of the COMELEC
C. Remedies and Jurisdiction in Electi n Law
1. Petition to Deny Due Coin-se or ance1 a
Certificate of Candidacy
2. Petition for Disqualificat on
3. Failure of Election, Call of Spec I Election
4. Pre-proclamation Contrc;versy
5. Election Protest
6. Quo Warranto
1. As a Right — The expression of the sovereign will of
the people.
2. As a Privilege— Not granted to everybody butto Such
persons as are most likely to exercise it for the purpose
of the public good. It is subject to substantive and
procedural requirements.
3. As a Duty -- which every citizen owes his country
The right to vote is different from the right to register. A
person may register even before he is 18 years old, but
must be at least 18 years old on the day of the election.
Eledtion
Election is the means by which the people choose the r
officials for a definite and fixed period and to whom they
entrust for the time being the exercise of the powers of
the government. (Garchitorena v. Crescini, 39 Phil. 258)
In elections, the first consideration of every democratic
polity is to give effect to the expressed will of the majority.
Nature of Suffrage
1. It is a right created by law, not a natural -right and an
expression of the sovereign will of the people.
2. It is a privilege because its exercise is not granted to
everybody but to the persons or class of persons as are
most likely to exercise it for the purpose of public good.

Two-Fold Object of Suffrage

1. To enable the people to choose their representatives;
2. To determine their will on questions submitted to them
through plebiscite, referendum, initiative and recall I

Regulation of Suffrage
Congress has unlimited power to enact laws relative to
the right of suffrage and in the exercise of police power,
to suppress whatever evils may be incident to the election
of public officers.

Theory of Popular Sovereignty

The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them. (CONST. Art. II, Sec. 1)

Scope of Suffrage
1. Referendum -- power of the electorate to approve or
reject legislation through an election called for the
purpose

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2. Recall — it is the termination o official telationship of
a local elective official for loss of conI41ence prior to
the expiration of his term through the will of the
electorate
3. Initiative — it is the power of the pecple to propose
amendments to the Constitution or to propose and
enact legislations through an election baIled for the
purpose. It is the people power feature of the
Constitution.
4. Plebiscite — it is the electoral proces by which an
initiative on the Constitution is approve or rejected by
the people. It is also the means by whi h the voters in
affected areas consent or object to theI change in the
form of local government.
5. Election — it is the choice or selection o !Candidates to
public office by popular vote through e use of the
ballot. Specifically, it may refer to the nduct of the
polls, including the listing of voters, the ,olding of the
electoral campaign and the casting a (1:1 counting of
ballots and canvassing of returns.
Kinds of Election
1. Regular or General: provided by law for he election of
officers either nation-wide or in certai subdivisions
thereof, after the expiration of the full ter of the former
officers;
2. Special: one held to fill a vacancy befor he expiration
of the term which the incumbent was el Cted
Election Period
Unless otherwise fixed by the Commission i special
cases, the election period shall commence 0 days
before the day of election and shall end 30 ays
thereafter. (CONST. Art.IX-C, Sec.9; B.P. fig. 881)
1. QUALIFICATION AND DISQUALIFICATION OF
VOTERS
Qualifications (CD R2 18):
1. Citizen of the Philippines
2. Not Disqualified by law
3. Resident of the Philippines for a least 1 'EAR
4. Resident of the place wherein he propo es to vote for
at least 6 months immediately prlecedin •the election
5. At least 18 years old
Note: No literacy, property, or other substantive
requirement can be imposed on the exercis of suffrage
Grounds for Disqualification to Vote:
1. Any person who has been sentenced by ipal judgment
to suffer imprisonment for not less than lone (1) year,
unless pardoned or granted amnesty jlowever, the
Page 199 of 320
POLITICAL LAW
right to vote is reacquired upon expiration of five 1(5)
years after service of sentence.
2. Any person who has been adjudged by final judgment
by a competent court or tribunal of having committed
any crime involving disloyalty to the duly constituted
government such as REBELLION, SEDITION,
VIOLATION OF THE ANTI-SUBVERSION AND
FIREARMS LAWS, OR ANY CRIME AGAINST
NATIONAL SECURITY
a. For (1) and (2):
b. Disqualification may be removed by plenary
pardon or amnesty.
c. Reacquisition of the right to vote upon
expiration of 5 years after service of sentence.
3. Insane or incompetent persons as declared by
competent authority.
NOTE:
These qualifications are continuing requirements.
Congress may not add qualifications but can provide for
procedural requirements and disqualifications. However,
the disqualifications must not amount to qualifications
All these disqualifications presuppose that the person was
once qualified, but due to an intervening event, the person
became disqualified. The Congress cannot add
disqualifications which can be characterized as a prior
restraint.
Dual Citizenship Law — Former natural-born Filipino
citizens who acquired foreign citizenship through
naturalization are deemed not to have lost their Philippine
citizenship under conditions provided in this act.
Derivative Citizenship — The unmarried child, whether
legitimate, illegitimate, or adopted, under 18 years of age,
of those who re-acquire Philippine citizenship under the
Dual Citizenship Law shall be deemed citizens of the
Philippines.
Requirement for Naturalized Citizens:
To vote — swear an oath of allegiance.
To be elected to public office — renounce foreign
citizenship.
To be appointed to public office — swear an oath of
allegiance to the Philippines and renounce foreign
citizenship.
Residence — One's domicile or legal residence. It is
where a party actually or constructively has his permanent
home, or where he, no matter where he may be found,
eventually intends to return and remain.
Residency Requirements:
Domicile — This is in reference to the 1-year residency
requirement in the Philippines.
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Elements: WARP)
1. Physical presence in the country
2. Intention to Remain
3. Intention to Abandon the old domicil
4. It must be Voluntary, must concur.
Note: All elements must concur.
Temporary Residence — This is in r; fe nce to the 6-
montkresidency requirement in the plac w ere one wants
to vole. In this case, residence can either ean domicile
or temporary residence.
To successfully effect a,transfer of dorn de, one must
demonstrate:
• An actual removal or change of dom
• A bona fide intention of abandoning e former place
of residence and establishing a new e; and
• Acts which correspond with that pur
There must be animus manendi coupled th animus non
revertendi. (Asistio v. Can/as, G.R. 1911 2010).
2. REGISTRATION AND DEAC TION
Registration — It does not confer the rig vote; it is just
a condition precedent to the exercise oft right.
It is the act of -accomplishing and fi in9 of a sworn
application for the registration by qual CI voter before
the election officer of the city or munici a rty wherein he
resides and including the same in the b of registered
voters upon approval by the Election R ration Board
(ERB). (R.A. No. 8189, Sec. 3)
g registration
New System Of Registration — ponti
of voters whereby application for registrati pf voters shall
be conducted daily in the office Of the ection Officer
lications for
during regular office hours and all
n a quarterly
registration shall be heard and process
basis by the Election Registration Board.
List of Voters
It refers to an enumeration of names of re tered voters in
a precinct duly certified by the Election R Otration Board
for use in the election. (RA No 8189)
No Bio-No Boto
Biometrics — refers to a quantitative anaI si that provides
a positive identification of an individual such as voice,
photograph, fingerprint, signature, iris, antr such other
identifiable features. (Mandato& Bi etrics Voter
Registration, sec. 2(b))
The biometrics registration re uiremi1t is not a
"qualification" to the exercise of the right f 6uffrage, but a
mere aspect of the registration procedu ell .of which the
State has the right to reasonably regul t7I.: Unless it is
Page 200 of 320
POLITICAL LAW
shown that a registration requirement rises to the level of
a literacy, property or other substantive requirement as
contemplated by the Framers of the Constitution—that is,
one which propagates a socio-economic standard which is
bereft of any rational basis to a person's ability to
intelligently cast his vote and to further the public good—
the same cannot be struck down as unconstitutional.
(Kabataan Partylist vs. COMELEC, G.R. 221318, 2015)
The public has been sufficiently apprised of the
implementation of RA 10367, and its penalty of
deactivation in case of failure to comply. Thus, there was
no violation of procedural due process. (Kabataan Partylist
vs. COMELEC, G.R. 221318, 2015)
However, the power of COMELEC to restrict a citizen's
right of suffrage should not be arbitrarily exercised. (Tirnbol
vs. COMELEC, G.R. 206004, 2015)
Who shall submit for biometrics registration?
1. New Voters — COMELEC shall implement a
mandatory biometrics registration system
2. Registered voters whose biometrics have not been
captured
Validation
It is the process of taking the biometrics of registered
voters whose biometrics have not yet been captured. It
shall be conducted by the City or Municipal Election
Officer.
Registration of Illiterates/Persons With Disabilities
Illiterate or PWD voters may register with the assistance of
the Election Officer or any member of an accredited
citizen's arms; application for registration may be prepared
by any relative within the fourth (4th) civil degree of
consanguinity or affinity or by the Election Officer or any
member of an accredited citizen's arms using the data
supplied by the applicant. (R.A. No. 8189, Sec. 14)
Disqualifications to Register as Voter
The same grounds for disqualifications for suffrage.
1. Sentence by final judgment to imprisonment of at least
1 year
2. Conviction by final judgment of any of the following
crimes:
a. crime involving disloyalty to the government (i.e
rebellion, sedition)
b. firearms law
c. crimes against national security
3. Insanity or incompetence declared by competent colurt
 ATENEO CENTRAL
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When registration not allowed: for the annulment of a book of voters with the COMELEC.
1. 120 days before regular election Last day for filing is within 90 days before an election.
2. 90 days before special election
Grounds for Annulment of Book of Voters (S2N-
Each precinct shall have no more than 20 Oters and shall F312B):
comprise contiguous and compact territ except when 1. Not prepared in accordance with law
precincts are clustered. 2. Prepared through:
• Fraud
No Election Officer shall hold office ij a particular • Forgery
city/municipality for more than 4 years. CONIELEC has the • Force
authority to effect transfer. • Intimidation
• Impersonation
Can COMELEC change registration period by • Bribery
resolution? • Similar irregularity
No. The period within which voters may re ster to vote is • Contains data that are Statistically improbable
set by law and cannot be changed by nib resolution of
the COMELEC. Change of Residence (To Another Municipality or City)
Any registered voter may apply with the Election Officer of
Book of voters — Classified as perlmane hereby each his new residence for the transfer of his registration
precinct shall have a permanent list of all 'stered voters records. The application shall be subject to notice and
residing within the territorial jurisdiction of at precinct. hearing and approval of the ERB. (R.A. No. 8189, Sec. 12)

Alteration of Book Of Voters: (DECANT Reactivation of Registration

1. Deactivation/Reactivation Guidelines (STERN)
2. Exclusion/Inclusion 1. Voter whose registration has been deactivated may file
3. Cancellation of registration in case of death
with the Election Officer a Sworn application for
4. Annulment of book of voters
5. New voters reactivation of his registration in the form of an affidavit
6. Transfer of residence stating that the grounds for the deactivation no longer
exist;
Deactivation — Removal of the registratiO records of 2. Any time but not later than 120 days before a regular
certain persons from the corresponding j)re,cinct book of election and 90 days before a special election;
voters and placing the same in the inact v file, properly 3. Election officer shall submit said application to the ERB
marked "deactivated" and dated in ind I Ole ink, after for appropriate action;
entering the cause of deactivation. (R.A. 8189, Sec.
27) 4. In case the application is approved, the Election officer
shall retrieve the registration record from the inactive
Grounds for Deactivation: (IDI-2LE) file and include the same in the corresponding precinct
Those which would disqualify you as a vot book of voters
Convicted by final judgment to suffer Imp nment of not 5. Local heads or representatives of political parties shall
less than 1 year be properly nnotified on approved applications
Disloyalty
Insanity 3. INCLUSION AND EXCLUSION PROCEEDINGS
Others:
1. Loss of citizenship 1. The municipal and metropolitan trial courts shall have
2. Failed to vote for 2 success ve pr ding regular
original and exclusive jurisdiction over all matters of
elections inclusion and exclusion of voters from the list in their
3. Registration was ordered Exclude y the court respective municipalities or cities.
2. Decisions may be appealed to the RTC within 5 days
Post-Approval Remedies: (AEI) from receipt of notice of decision.
Petition for Inclusion 3. RTC will decide the appeal within 10 days. Decision is
Annulment of Book of Voters final and executory.
Petition for Exclusion 4. Any voter, candidate or political party that may be
affected by the proceedings may intervene.
Annulment of book of voters — A voter, ection officer,
or duly registered political party may file a rifled petition

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i. Disqualification may be removed by plenary

INCLUSION CASES EXCLUSI N CASES
1 I pardon or amnesty
May be filed any time, May be iilei
I any time, ii. Reacquire the right to vote upon expiration of
except 105 days before except 1( 10 d ys before 5 years after service of sentence
regular elections or 75 regular eleTtiOns or 65 days 3. Insane or incompetent persons as declared by
days before special before special elections competent authority.
elections 4. Those who have lost their Filipino Citizenship.
1 5. Those who have expressly Renounced their Philippine
i
Grounds: Grounds: I citizenship and who have pledged allegiance to a
1. Application for Not qualified Cr .Dossessing foreign country.
registration has been disqualifica i nII 6. An Immigrant or permanent resident, ,unless he
disapproved by the board Flying vote:Is 1 executes an affidavit stating and expressly declaring:
2. Name has been Ghost votes a. Intention to resume actual, physical,
stricken out permanent residence within 3 years from
1 approval of registration.
Requires a 1/1/ornpetition b. Has not applied for citizenship in another
I I
country.
LOCAL AND OVERSEAS ABSEN E VOTING Act v. Effect
-ACT EFFECT
Overseas Absentee Voting Act (RA i 91811
Ensures equal opportunity to all qualifie c ns of the Failure to undertake Removal of name from the
Philippines abroad to exercise their right tc 01e in the affidavit list and permanent
national elections. disqualification

Domestic Absentee Voting — ublic officials Failure to undertake Imprisonment of not less
stationed in places other than the pl 1where he is a affidavit yet voted than 1 year
registered voter are allowed to yote i place of their
Failure to resume Removal of name from list
work. (e.g. police -officers, military nel, school
residency I
teachers).
Overseas Absentee Voting ified Filipinos Failure to resume Imprisonment of not less'
abroad may be allowed to nderl a system residency yet voted than 1 year
congress will provide.

Qualifications of Overseas Absentee Vot r under RA A former natural-born Filipino citizen who has reacquired
9189:11 (CARA-18) Filipino citizenship under the Dual Citizenship law May
1. Filipino Citizen vote even without the required (six months) residence,
2. At least 18 years of age provided the person files the affidavit as required in the
3. Free from disqualifications Absentee Voting Law. (Lewis v COMELEC, G.R. 162769,
4. Must file an Affidavit expressly decla ' 2006).
a. Intention to resume actu physical,
permanent residence within ears from DETAINEE VOTING
approval of registration
b. Has not applied for citizensi in another
Detainee voting (either through the special polling place
country
inside jails or escorted voting) may be availed of by any
5. Registered overseas absentee voter
6. Has an Approved application to vote n absentia registered detainee whose registration record is not
transferred / deactivated / cancelled / deleted.
Grounds for Disqualification und r R 9 89: (I2DRC)
1. Sentenced by final judgment to sufI r risonment Detainee
not less than 1 year. Any person:
2. Adjudged by final judgment b a co t nt court of 1. confined in jail,
having committed any crime inVolvin loyalty to the a. formally charged for any crime/s and
duly constituted government (e.g., Rqbeliop or crimes b. awaiting/undergoing trial; or
against national security).
a. For (1) and (2):

11 The requirement of actual residency i nsed with.

Page 202 of 320
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2. serving a sentence of imprisonment for e s than one (1)
year; or
3. whose conviction of a crime involving d' r oyalty to the
duly constituted government such as re
km, sedition,
violation of the firearms laws or any crime a pinst national
security or for any other crime is on appe (COMELEC
Resolution No. 9371);
Escorted Voting
This is a voting mechanism for 1
1. detainee voters who are residents/ rems ered voters of
municipalities/cities other than thP town/city of
incarceration; and/or for
2. detainee voters in jail facilities where n eclat polling
places are established (COMELEC R olution No.
9371).
NOTE: The pertinent provisions of Com I c Resolution
No. 9149, promulgated on February 22, 2 11 and other
.
Resolutions as far as the registratior perio ualifications
and disqualifications of applicants for r stration; the
procedures for filing, processing an hearing of
applications; and notices and publication r rements are
adopted (COMELEC Resolution No. 9371)
,
j request for accreditation can be made . Once
Reckoning Period of Age and Remdenc tainees
Those who shall be eighteen years of ag the day of
election and/or are committed inside the d tion centers
for at least six (6) months immediately pp ceding the
election day may be registered as a vo eril,(COMELEC
Resolution No. 9371).
Detainees who are already registered voter ray apply for
transfer of registration records as war alted by the
circumstances.
DETAINEE VOTERS MAY VOTE FO NATIONAL
POSITIONS ONLY
In the case of Aguinaldo v. New Bihbid n, G.R. No.
221201, April 19, 2016, the Supreme t issued a
Temporary Restraining Order enjoining t ]COMELEC
from enforcing COMELEC Resolution No 371 on the
local level. This means that detainee voter ay only vote
for the national positions.
In pursuant to this, the COMELEC issu COMELEC
Resolution No. 10112, amending Resoluti No. 10057.
This provides that:
The Board of Election Inspector (BE ) all instruct
the DV, in clear terms, that pursua ti o the TRO,
he or she can only vote for natio al candidates
namely, candidates for Pres , VP, Senators and
Party list,
All ballots that contain votes for Iocal positions
shall be separated and transmitted 6 COMELEC
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POLITICAL LAW
Manila in a sealed envelope. The votes appearing
in said ballots for national positions, if any, shall be
counted.
A Special Board of Election Inspectors for counting
shall be established for the purpose.
POLITICAL PARTIES
1. JURISDICTION OF THE COMELEC OVER
POLITICAL PARTIES
Necessity of Registration
To acquire juridical personality, to qualify for
accreditation, and to be entitled to the rights of political
parties, a political party must be registered with
COMELEC. (Omnibus Election Code, sec. 20)
Registration and Accreditation
a. Registration is the act that bestows juridical personality
for purposes of our election laws; accreditation, on the
other hand, relates to the privileged participation that
our election laws grant to qualified registered parties.
b. Accreditation can only be granted to a registeI*1
political party, organization or coalition; stated
otherwise, a registration must first take place before a
registration has been carried out, accreditation is the
next natural step to follow ( Magdalo Para sa
Pagbabago v. COMELEC, G.R. No. 190793, 12 June
2012).
COMELEC has the power to:
• Register political parties, organizations, or coalitions,
and the authority to cancel the same on legal grounds
• En Banc has the authority to direct a hearing bp
conducted on the petition for cancellation of
registration of the party list. However, HRET has the
jurisdiction for contest relating to the qualifications of
nominee or representative. (Alliance for Barangay
Concerns Party List v. COMELEC, G.R. 193256,
2011)
Issue of validity or invalidity of the expulsion
The validity or invalidity of the expulsion of a political
party's officers is purely a membership issue that has to
be settled within the party. It is an internal party matter
over which COMELEC has no jurisdiction. It may
intervene in disputes internal to a party only when
necessary to the discharge of its constitutional functions,
such as resolving an intra-party leadership dispute as an
incident of its power to register political parties (Atienza V.
COMELEC, G.R. 188920, 2010; Alcantara V. COMELEC,1
G.R. 203646, 2013).
ATENE0 CENTRAL
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REGISTRATION
The following political parties cnnot registered National Party — Its constituency is spread over the
(UFC-R) geographical territory of at least a majority of the regions.
Religious sects
Those which seek to achieve their goals ough Unlawful Regional Party — Its constituency is spread over the
means I geographical territory of at least a majority of the cities
Those which refuse to adhere to the _Cons Xution and provinces comprising a region.
Those which are supported by any forei n government.
(1987 Constitution, art. IX-C, sec. 2(5)). Sectoral Party - An organized group of citizens whose
principal advocacy pertains to the special interests and
Effect when party fails to obta n at e st 10% votes concerns of the following sectors:
case in constituency 1. Labor
2. Fisher folk
Registration will be forfeited when at lea 0% of the 3. Peasant
votes cast in the constituency in which it minated 4. Urban poor
candidates is not obtained (Omnibus Elec "on Code, sec. 5. Indigenous
60) 6. Cultural communities
7. Youth
Party-list System 8. Women
A social justice tool designed not only to gi e More in law 9. Handicapped
to the great masses of our people who ha •less in life, 10. Elderly
but also to enable them to become vent ilawmakers 11. Overseas workers
empoweredito participate directly in the CtMent of 12. Veterans
laws designed to benefit them. I 13. Professional workers
Aims and Purposes: Unique Characteristics of the Philippine Party-List
1. Broaden the base of candidates System:
2. Encourage multi-party system Only In-House
3. Ensure,party loyalty • The proportional representation or party-list
4. Promote proportional representation system is only available in the 'House of
Representatives.
Congress cannot provide for a two-party :System • Plurality formula is used for other elective officials.
because: The 20% Allocation — The combined number of all party-
1. This violates the freedom of associati as provided in list representatives shall not exceed 20% of the -total
the Bill of Rights.
membership of the House of Representatives, including
2. The Constitution mandates that the iilippine party
those elected under the party list. However, this only
system shall be multi-party, open an 96 prescribes a ceiling and is not considered mandatory.
Political Party — An organized group of rsons
pursuing the same ideology, political ide riplatforms of No. of seats available to Party-List Reps = (No. of seats
government including its branches and di ions. available to District Reps/0.80) X 0.20

Criteria to Determine Type of Political ty (02IRA):

owing in past
• Established Record of said parties
elections
• Number of Incumbent elective official
• Identifiable political Organizations an trengths
• Ability to fill and complete slate of carid ates
• Other analogous circumstance (RA 6; sec. 26).
Types of Parties:
1. Non-Registered Parties
2. Registered Parties
a. Dominant Majority — Entitled to a opy of ER
b. Dominant Minority — Entitled to py of ER
c. Top 3 — Entitled to appo nt a rinic pal watcher
and a copy of the COC
d. Bottom 3— Entitled to appoint a pr ncipal watcher
Page 204 of 320
Two Votes
1. 1st vote — For the district representative
2. 2nd vote — For the party-list representative (but it is
the name of the party that is indicated in the ballot)I
The 2% Threshold and 3-Seat Limit
1. The parties shall be ranked from the highest to lowest
based on the number of votes they garnered.
2. To be entitled to one qualifying seat, a party must
obtain 2% of the total ballots cast for qualified party-list
candidates.
3. Votes cast for a party which is not entitled to be voted
for should not be counted. The votes they obtained
shall be deducted from the canvass of the total votes
for the party-list.
ATENEO CENTRAL
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4. Rounding-off is not allowed.
5. Parties other than the 1st party the pa that obtained
the highest number of votes based on p rality) may be
entitled to additional seats based pr the following
formula:
No. of votes of party
(No. of votes of 1st party x no. of seat 1st party
Each party is shall be entitled to not an three sets.
The two percent threshold in corn ng for the
additional seats is unconstitutional. e continued
application of the two percent thres old i e application
of additional seats in proportion to their t number of
votes until all the additional seats will rustrate the
attainment of the permissive ceiling [that ty percent of
the members of the house of representati shall consist
of party-list representatives (BANAT v. melec, G.R.
179271, 2009).
Section 6(8) of RA 7941 provides for two s rate grounds
!!
for delisting; these grounds cannot be ml or combined
to support delisting; and the disqualificatio !for failure to
gamer 2% party-list votes in two prece g elections
should now be understood, in light Of the B nat ruling, to
mean failure to qualify for a party-list seat iti 9 preceding
elections for the constituency in which it h s ! registered.
(Philippine Guardians v. COMELEC, G.R. 529, 2010).
Party-list groups garnering less than 2% o he party-list
votes may qualify for a seat in the allocatio 4 additional
seats depending on their ranking in the se !round. The
continued operation of the two-percent !th eshold was
deemed "an unwarranted obstacle to the full
implementation of Section 5(2), Artiole VI of the
Constitution and prevents the attainment of e "broadest
possible representation of party, sectoral or g up interests
in the House of Representatives," and has en declared
unconstitutional. The 20% share in repres illation may
never be filled up if the 2% threshold is mei !ined. In the
!.
same vein, the maximum representation will not be
achieved if those party-list groups obtainin ss than one
percentage are disqualified from even one dItional seat
in the second round. (Aksyon Magsaaka- i :do Tinig ng
Masa (AKMA-PTM) vs. COMELEC, G.R. 34, 2015)
Qualified Organizations (Atong Paglaurn v. cOmsic,
G.R. 203766, 2013)
1. Sectors enumerated in the Constitiiitibn, must be
marginalized and underreprese+d
• Only parties and organizations th t actually and
truly represent the underrepresented and
marginalized constituenc es r lich are
enumerated in the Constitution can t rticipate.
• At least a majority of its members should belong to
the marginalized.
Page 205 of 320
POLITICAL LAW
• The party must not be an adjunct of, or a project
organized or entity funded or assisted by the
government.
• The nominee must be able to contribute to the
formulation of appropriate legislation that Will
benefit the whole nation.
o Must be organic member not synthetic
member
• General averments that an organization
represents the marginalized sectors must be
substantiated and shown through its constitution,
history, platform, and track record. It must
demonstrate that in case of conflict of interests, it
is likely to choose the interest of the sectors. 1
2. Non-traditional
• National parties;
• Regional parties
Must be incapable of successful participation
in district elections.
Notes:
The inspiration of the system is social justice understood
in both the economic and political sense.
Participation in the system is not limited to the sectors
enumerated by the Constitution or law.
The enumerated sectors must be economically
marginalized because that is what disables them from
successfully engaging in the political struggle.
The national and regional organizations need not be
economically marginalized but they must be politically or
ideologically disadvantaged or marginalized.
Traditional political parties, if they wish to participate, must
renounce participation in district elections.
Branches of political parties, if they wish to participate,
must be separately incorporated and be independent of
their original parties.
COMELEC must be guided by what the SC said: "The
common denominator between sectoral and non-sectoral
parties is that they cannot expect to win in legislative
district elections but they can gamer in nationwide
elections, at least the same number of votes that winning
candidates can garner in legislative district elections. The
party-list system will be the entry point to membership in
the House of Representatives for both these non-
traditional parties that could not compete in legislative
district elections." (Along Paglaum v. COMELEC, G.R. No.
203766, 2013).
Qualifications of a Party-List Nominee: (ABC-RV-25)
A natural-born Citizen of the Philippines
A registered Voter
A Hesident of the Philippines for a period of not less than
1 year immediately preceding the election day
Able to read and write
A Ilona fide member of the party he seeks to represent for
at least 90 days preceding election day (need not be
marginalized persons)
At least 2§. years of age on election day.
ATENEO CENTRAL
BAR OPERATIONS 2019
In case of the youth sector, he must be at east 25 but not
more than 30 years of age on the day o t election.
Any youth sectoral representative who rea hes the age of
thirty 30 during his term shall be allowed to continue in
office until the expiration of his term.
A list with 5 names should be submittei: tb COMELEC as
to who will represent the party in the Co gress. Ranking in
the list submitted determines who shall represent party or
organization. I.
_ I
Disqualification of Party-Lists: (F2V2R-4OPS)
1. Foreign party or organizat on
2. Receives Foreign support
3. Advocates Violence
4. Violates election laws
5. Religious sect, denominat on, o zation
6. Ceased to exist for at least 1 ye
7. Failed to Obtain at least 2% of th tes cast under
the party-list system in the 2 preb ing elections
8. Failed to Participate in the a t 2 preceding
elections
9. Untruthful Statements in its petit o
Cancellation of registration of a r:1 1rty us
the COMELEC motu proprio or upon ve
Y be done by
d 'complaint of
any interested party after due notice and aring.
COMELEC may not, 'through a resol n setting the
deadline for registration of political parl differentiate
between political parties, on the one hP and political
organizations and coalitions, on the othe There is no
substantial distinction among these entities ermane to the
act of registration that would justify crea g distinctions
' petition for
among them in terms of deadlines.
registration as a political coalition file beyond that
deadline is time-barred, and the COME 9 resolution
granting that petition constitutes grave abu of discretion.
(Liberal Party v. COMELEC, G.R. 191771, 010).
Section 15 of RA 7941 provides that nominee of a
sectoral party who changes his sectora II ation within
the same party is not eligible for nominati irider the new
sectoral affiliation, unless such change urred at least
six months before the elections. Section Clearly covers
changes in both political party and sector diation within
the same party. (Amores v. HRET, G.R. 600, 2010).
Moral disapproval is not a sufficient gove ental interest
to justify exclusion of homosexuals from pp ipation in the
party-list system. (Ang Lad/ad LGBT Part V. COMELEC,
G.R. 190582, 2010).
For the COMELEC to validly exercise it tatutory power
to cancel the registration of a party-lis roup, the law
imposes only two (2) conditions:
1. due notice and hearing is afforde o the party-list
group concerned; and
Page 206 of 320
POLITICAL LAW
2. any of the enumerated grounds for disqualification
in Section 6, RA. No. 7941 exists (Dayao v.
COMELEC, G.R. 193643, 2013).
Each accreditation handed by the COMELEC to part'-list
organizations can be likened to the franchise granted by
Congress, thru the SEC, to corporations or associations
created under the Corporation Code. A part'-list
organization, like a corporation, owes its legal existence to
the concession of its franchise from the State, thru the
COMELEC. Being a mere concession, it may be revOked
by the granting authority upon the existence of certain
conditions. The fact that a franchise/accreditation may be
revoked means that it can never be final and conclusive
(Dayao v. Comission on Elections, G.R. 193643, 2013)
The laws, rules and 'regulations violated to warrant
cancellation under Section 6 must be one that is primarily
imputable to the party itself and not one that is ch efly
confined to an individual member or its nominee.
(COCOFED-Philippine Coconut Producers Federation,
Inc. v. Commission on Elections, G.R. 207026, 2013).
The disqualification of some -of the nominees shall not
result in the disqualification of the party-list group "provided
that they have at least one nominee who remains
qualified." (COCOFED-Philippine Coconut Producers
Federation, Inc. v. Commission on Elections, G.R. 207026,
2013).
Delisting
The law provides for 2 separate reasons for the delisting of
any national, regional or Pectoral party organization or
coalition. Section 6(8) of the Party - List system Act
provides that the COMELEC may motu proprio or upon
verified complaint of any interested party, remove or
cancel, after due notice and hearing, the registration of any
national, regional or sectoral party organization or
coalition. The grounds are:
(a) if it fails to participate in the last two (2) preceding
elections; or
(b) 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 was registered
( Philippine Guardians Brotherhood, Inc. (PGB1) v.
COMELEC, G.R. No. 190529, 29 April 2010)
ATENEO CENTRAL
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B. CANDIDACY
1. QUALIFICATIONS OF CANDIDATE
Candidate - A person aspiring for or seek ng an elective
public office who has filed by himself or through an
accredited political party a certificate of çandidacy at the
start of the campaign period
There is no constitutional right to run for or
II
hold public
office. What is recognized is merely a privilege subject to
i 1
limitations imposed by law.
Lir
The right to run for public office is not inextricably
intertwined with the rights of expression andlassociation.
,1
One's interest in seeking office, by itself, i s lot entitled to
constitutional protection. One cannot bring,one's action
under the rubric of freedom of asSociat O absent any
allegation that, by running for an elective position, one is
advancing the political ideas of a particular rset of voters.
(Quinto v. COMELEC, G.R. 1896981 2010).
1 .
1 I
Note: Congress may not add to the qua ifications 1 for
elective officials provided in the Constitution. However,
they may do so for elective officials not provided in the
Constitution.
Qualifications
1
The Constitution prescribes the quelifica ioq is (i.e., age,
citizenship, residency, voter registration rl4 literacy) for
the following positions: President, Vice - President,
Senators and Representatives (District a Party - List)
while statutes set the qualifications jf loca
1. Residence — to be understood as dorTii lb that is, the
place where a party actually or constru vely has his
permanent home, where he/ she no m r iNhere may
he/ she be found at any given time, ev ually intends
to return and remain (Jepson v. COM C , G.R. No.
180088, 19 January 2009)
2. Registered Voter
3. Citizenship
• For national elective positions, the ca 1;date must be
a natural - born citizen. For local el c iVe positions,
the candidate may be naturalized citi I en.
• Natural - born citizens of the Philippi s who have
lost their Philippine citizenship by -e seri of their
naturalization as citizens of a forei r country can
seek elective office provided the le - acquire
Philippine citizenship by taking the o tI 1df allegiance
to the Republic prescribed under h Citizenship
Retention and Re - acquisition Act of 03 and make
a personal and sworn renunc ation o .any and all
foreign citizenship before any public officer
authorized to administer an oath.
Page 207 of 320
POLITICAL LAW
• Use of Foreign Passport: The use of a foreign
passport amounts to repudiation or recantation of the
oath of renunciation. Matters dealing with
qualifications for public elective office must be strictly
complied with. A candidate cannot simply be allowed
to correct the deficiency in his qualification by
submitting another oath of renunciation (Amado y.
COMELEC, G.R. No. 210164, August 18, 2015)
• Dual Citizens: Dual citizens are disqualified from
running for any elective local position. They cannot
successfully run and assume office because their
ineligibility is inherent in them, existing prior to the
filing of their certificates of candidacy. Their
certificates of candidacy are void ab initio, and votes
cast for them will be disregarded. Consequent y,
whoever garners the next highest number of votes
among the eligible candidates is the person lega ly
entitled to the position ( Arlene Llena Empaynado v.
COMELEC, G.R. No. 216607, April 5, 2016).
• Foundlings: As a matter of law, foundlings are as a
class, natural - born citizens ( Poe - Llamanzares v .
COMELEC, G.R. No. 221697, March 8, 2016 ).
When the names of the parents of a foundling cannot
be discovered despite a diligent search, but sufficient
evidence is presented to sustain a reasonable
inference that satisfies the quantum of proof required
to conclude that at least one or both of his o r her
parents is Filipino, then this should be sufficient to
establish that he or she is a natural - born citizen
(Rizalito Y. David v. Senate Electoral Tribunal, G.R.
No. 221538, September 20, 2016)
Disqualifications
Constitution
1 Three - term limit for local elective officials ( Art. X,
Sec. 8 of the Constitution)
• term limit rule is not a ground for a petition for
disqualification, however, it is an ineligibility which is a
proper ground for a petition to deny due course to or
to cancel a Certificate of Candidacy under Section 78
of the OEC ( Albania v. COMELEC, G.R. No. 226792,
7 June 2017 ).
• Two conditions must concur for the application of the
disqualification of a candidate based on violation of
the three - term limit rule, which are: (1) that the official
concern ed has been elected for three consecutive
terms in the same local government post, and (2). that
ATENEO CENTRAL
BAR OPERATIONS 2019
he has fully served three consecutiv terms ( Albania
v. COMELEC, G.R. No. 226792, 7 J r e 2017 ).
• When it was only upon the fayorable Jecision on his
petition for correction of manife t error that a
I administrative case.
candidate was proclaimed as the dul ected official,
he is deemed not to have served offi r the full term
of three years to which he was su 6edly entitled,
since he only assumed the post served the
unexpired term of his opponen Albania v.
COMELEC, G.R. No. 226792, 7 June O17)
I I
• . An involuntary interrupted term, a 117,i 'the case of
assumption of office only after wink g an election
protest, cannot, in the context of th is'qualification
rule, be considered as one term r purposes of
counting the three - term threshold, ince prior to
winning, the candidate was not the i •itf,u1 holder of
the position ( Abundo v. COMELEC, No. 201716,
8 January 2013 ).
• A provincial board member's electip o the same
position for the third and fourth tim but now in
representation of the renamed distric a violation of
the three - term limit rule ( Naval v. MELEC, GR
No. 207851, 8 July 2014 ).
Omnibus Election Code
1. Any person declared by cornietent a hbrity insane
or incompetent
2. Any person sentenced by final judgrr ent for any of
the following offenses:
1. Insurrection, or rebellion
2. Offense for which he was senten ed to penalty
of more than 18 months
3. Crime involving moral turpitude ( Sec. 12,
Omnibus Election Code)
3. A permanent resident to or immi nt to foreign
country unless he waives such st s I( Sec. 68,
Omnibus Election Code)
Revised Administrative Code-MUniciria 'Office
1. Ecclesiastics (Pamil v. Teleron, 86 SC A 413)
2. Persons receiving compensat on ten- 6rovincial or
municipal funds
3. Contractors for public works of the mun cipality (Sec.
2175, Revised Administrative Code )
1 1
Local Government Code
12 Note: The 3-term ban applies only for: elective local
officials.
Page 208 of 320
POLITICAL LAW
. Those sentenced by final judgment for an offense
involving moral turpitude or an offense punishable by
imprisonment for at least one year, within 2 years
after service of sentence.
2. Those removed from office as a result of an
3. Those convicted by final judgment for violating his
oath of allegiance to the Republic.
4. Those with dual citizenship.
5. Fugitives from justice in criminal or non - political
cases.
6. Permanent residents in foreign country or those who
have the right to reside abroad and continue to avail
of it (Caasi v. Court of Appeals, 191 SCRA 229 ) .
7. The insane or feeble - minded (Sec. 40, Local
Government Code ) .
Conditions For The Three-Term Ban:12
The official has been elected for 3 consecutive terms in the
same local government post
Fully served 3 consecutive terms
Elected in a regular election
Service of Full Term:
When a municipalitY-has been converted to a city, and the
area and inhabitants of the locality are the same, and the
3-term municipal mayor continued to hold office until such
time as city elections are held.
When an incumbent mayor loses in election protest but the
decision of the RTC was promulgated AFTER the service
of the term.
Not Service of Full Term:
• Fills up a higher office (by succession or operation of
law).
• Suspended from office .(failed to serve full term).
• Unseated, in order to vacate by reason of declaration
of failure of election or an election protest.
• Setved unexpired term after winning in the recall
elections
• Assuming a local government post (even if served for
3 Consecutive terms) after winning a recall election
(since not considered an immediate re-election).
Holdover Principle - The term of all local officialsls 3 I
years, but Sec. 5 of R.A. 9164 authorizes the holdover of
incumbent barangay officials until their successors are
elected.
ATENEO CENTRAL
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2. FILING CERTIFICATES OF CANDID y political party, aggroupment, or coalition of parties. (Sec.
I 79(a), Omnibus Election Code)
Certificate of Candidacy
A statement of a person seeking to run fOr public office
certifying that he announces his candida or the office,
the name of the political party to which belongs if he
belongs to any, and his post office addre cin all election
purposes being stated. (Sinaca v. Mu/a, ' No. 135691,
September 27, 1999)
No person shall be elected into public officie rless he files
his COC within the prescribed period. (Orn ribus Election
Code, Sec. 68)
The COC shall be filed by the candidate i-sonally or by
his duly authorized representative. No OC shall be
accepted if filed by mail telegram or facsi
Upon filing, an individual becomes a can ate. Thus, he
is already covered by rules, restrictions idI processes
involving candidates.
The receiving officers shall have the mi terial duty to
receive and acknowledge receipt of the C
A COC will not be cancelled even if it fail f' •
o specify the
position sought if the information ornlitted i ',Implied in the
certificate of nomination and amended C•
Prohibition against multiple candidacie
No person shall be eligible for more than office. If he
files more than 1 position, he shall not be ible for all
unless he cancels all and retains one. (Se [8, Omnibus
Election Code).
(a) General Effect of Filing of Co
Upon filing, such person becomes a candi te. He/she is
already covered by rules and regulations d,process
involving candidates.
Effect on Incumbents of Filing of CoC
a. Any person holding a public appoi iIv office or
position, including active members of th rmed forces,
and officers and employees in govern I' ilt-Owned or -
controlled corporations are cOnside e ipso facto
resigned from his/her office and Must v cate the same
I [ • 2. Withdrawal
at the start of the day of the filing of hi /fer certificate
of candidacy. Said appointed Officia would have
unfair advantage over their rivals bec e they might
• (Qumto
• v.
use their office resources for theiiJ campai
COMELEC, G.R. 189698, 2010).
b. Elective officials continue to hold officI , whether they
run for the same or different position.
Who is a candidate?
A "candidate" refers to any person aspiring r or seeking
a n elective public office, who has filed a c ficate of
candidacy by himself (herself) or through ai oCredited
Page 209 of 320
POLITICAL LAW
A candidate is "any person who files his certificate of
candidacy within this period shall only be considered as a
candidate at the start of the campaign period for which he
filed hiO certificate of candidacy." Thus, under the law, a
person only becomes a candidate when he/ she has filed
a certificate of candidacy and when the campaign period
has commenced. One is not a candidate, despite having
filed a icertificate of candidacy, before the start of the
campaign period. The law added, "unlawful acts or
omissions applicable to a candidate shall take effect only
upon the start of the aforesaid campaign period." (Sec. 15,
RA 9369)
If the certificate of candidacy is void ab initio, the candidate
is not considered a candidate from the very beginning even
if his certificate of candidacy was cancelled after the
election's. (H. Sohria Pasagi Diambrang v . COMELEIC,
G.R. No. 201809, October 11, 2016
Independent Candidates:
1. Not a member of a registered political party
2. Member of an unregistered political party
3. Member of a registered political party but not officia ly
nominated as candidate by said party
4. Nominated by a person who is not the duly authorized
repl'esentative of a registered political party
5. Nominated by a registered political party but such was
not submitted to the COMELEC or where such
nomination was submitted after the last day of filing of
the certificate of candidacy
6. Nominated by a party that nominated in excess of the
number of persons to be voted for an election position
7. Accepted nominations from more than one registered
polit cal party
Substitution of candidates
Grounds for Substitution: (DWD)
1. Death
3. Disqualification (Omnibus Election Code, sec. 77)
Substitution is not allowed when the original candidate
was disqualified based on:
• Ground of material misrepresentation (Fermin v.
COMELEC G.R. 179695, 2008)
• When the certificate was cancelled because he was
runn ng for the fourth consecutive term (Miranda V.
Abaya, G.R. 136351, 1999)
• Failure to meet one-year residency requirement
(Tagolino v. HRET, GR. 202202, 2013)
ATENEO CENTRAL
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Note: In the case of Tagolino v. HRET, tk.No. 202202, of the COMELEC (Cerafica v. COMELEC, GR. 205136,
2013, the COMELEC first ruled that sub ution is allowed 2014)
because it held that a candidate's fai u a to meet the
qualifications is a ground for disqualifi ion. This was Nuisance candidates
One Who has no bona fide intention to run for the office and
adopted by the HRET. However, the Su
that it is actually a cancellation of
candidacy. Thus, no substitution is allow
7certificate
e Court ruled
of
would;thus prevent a faithful 'determination of the true will
of the p' eople.

Factors to Consider: (CROP5,PIPES4Q)

General Rule: No substitution is Owed for an 1. Capability to wage nationwide campaign
independent candidate. Only candi who are
members of and are nominated by
substituted.
H
7
arty can be
2. Running under a slate
3. Organization and machinery
4. Performance in previous elections
Exception: A candidate for a baranga .4Iective
office 5. Platform of government
notwithstanding the policy that barangay tions are non- 6. POlitical party affiliation and support
partisan can be substituted by his/her sp e. .(Rulloda v. 7. Popularity
8. Properties
COMELEC, G.R. 154198, 2003). 9. Political exposure
10. Intention to run for office
Rules on Substitution: 11. PrOfession
1. Any candidate may withdraw his c dacy anytime 12. ,Educational attainment
before election day. 13. SiMilarity in name causes confusion
2. A person without a valid certificate of da didacy cannot 14. Income
be considered a candidate ard thee re cannot be 15. Qualifications and disqualifications
substituted.
3. Substitute candidate may file hi certificate of COMELEC cannot 'motu proprio deny due course to or
candidacy no later than mid-daY of el on day. cancel an alleged nuisance candidate's certificate I of
4. No person who has withdrawn his didacy for a candidacy without providing the candidate his opportunity
position shall be eligible as a substit candidate for to be heard. (Timbol vs. COMELEC, G.R. 206004, 2015)
any other position.
5. The substitute candidate must be Riled to hold Petition to deny or cancel certificates Of candidacy '
office and must be a member of and o bated by the
same political party. Who can file: Any Party
6. A public office is personal to the publ c fficer and not How: Petition to deny due course or Cancel certificate of
a property transmissible to the heirs J n death. The candidacy under oath
Court has allowed substitution and i e' rvention but When:I Any time not later than 25 days from filing of
i
atant's widow
only by a real party in interest. The Pro certificate of candidacy
is not a real party in interest to the el c ri protest. Where: COMELEC must decide the case not later than 15
7. The filing of the withdrawal snall no ffect the civil, days before election (period is not mandatory however)
criminal or administrative liabilities 11e substituted
candidate may have already incurred, Excluswe Ground: material misrepresentation (FMO)
8. A candidate who is disqualified Under 8 btion 68 of the 1. Must be False.
Omnibus Election Code can be v y substituted 2. Mast be Material (goes into the qualifications).
pursuant to Section 77 because remains a 3. Must be Deliberate and there is an intention to defraud
candidate until disqualified; but a rson whose the electorate.
certificate of candidacy has been deni due course to
and/or cancelled under Section cannot be The COMELEC must determine whether or not the
substituted because he is not consid d a candidate candidate deliberately attempted to mislead, misinform, or
(Tagolino vs. HRET, G.R. 202202, 2 hide a fact about his or her residency that would otherwise
render him or her ineligible for the position sought. The
Ministerial duty of COMELEC to receiv ertificate COMELEC gravely abused its discretion in this case when,
It is the ministerial duty of COMELEC a its officers to in conaidering the residency issue, it based its decision
receive a certificate of candidacy (0I-nnibu lection Code, solely on very personal and subjective assessment
sec. 76) While the COMELEC may look in patent defects standards, such as the nature or design and furnishings of
in the CoCs, it may not go into matters not appearing on the dwelling place in relation to the stature of the candidate
their face. The question of eligibil ty or ir eligibility of a (Mitra V. COMELEC, G.R. No. 191938, 2010).
candidate is thus beyond the usual and proper cognizance

•Page 210 of 320 I

ATENEO CENTRAL
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Misrepresentation of nickname is n a material
misrepresentation because the use of ni k me is not a
qualification of public office. The proper r c urse is to file
an election protest and pray that votes be de ared as stray
votes (Villafuerte v. COMELEC, G.R. 20669 2014).
Material representation contemplated by e on 78 refers
to qualifications for elective office, such the requisite
residency, age, citizenship or any other le qualification
necessary to run for a local elective office a Provided for
in the Local Government Code. Furthermo , aside from
the requirement of materiality, the m srepi+ ntation must
consist of a deliberate attempt to mislead, isinform, or
hide a fact, which would otherwise rende 'a candidate
ineligible (Caballero v. COMELEC. G.R. No. 209835,
2015).
If a candidate cannot be disqualified .ivitho t prior finding
that she or he is suffering from a disqualifi a On "provided
by law or the Constitution," neither can th Certificate of
candidacy be cancelled or denied due cou On grounds
of false misrepresentation regarding is or her
qualification, without a prior authoritative fin g that he or
she is not qualified. (Poe-Llamanzares v. CO ELEC, G.R.
221697, 2016)
The COMELEC cannot, in the same cap Ilation case
based on the ground of false material 1r resentation,
decide the qualification or lack thereof of t '10 candidate.
(Poe-Llamanzares v. COMELEC, G.R. 2216 7, 2016)
A CoC may be cancelled on the gro d that the
"candidate" misrepresented his el gibili n his CoC
because he knew that he had been co ted by final
judgment for libel, a crime involVing al turpitude
regardless of the fact that he was merely t publisher of
the libelous articles, and that his penalty wa erely a fine.
(Ty-Delgado v. HRET, G.R. 219603, 2016)
If the certificate of candidacy is void e candidate
is not considered a candidate from the very b inning even
if his certificate of candidacy was cancel ed after the
elections. (H. Sohria Pasagi Diamb ang vs. COMELEC,
G.R. No. 201809, 2016).
The summary nature of proceedings under lion 78 only
allows it to rule on patent material misrep entations of
facts, not to make conclusions of law t at are en contrary
to jurisprudence. (Juliet B. Dano vs. COML C G.R. No.
210200, 2016.)
No False Material Representation:
• When a candidate uses the name of he g-time live-
in partner or states a false profession.
• When the candidate is actually qualifi even if the
entries in the CoC as filled up ty the ndidate will
show that he is not.
Page 211 of 320
POLITICAL LAW
• When the candidate, supported by a preponderance of
evidence, believed that he was qualified since there
was no intention to deceive the electorate as to one's
qualifications for public office.
Effects of Disqualification
Any candidate who has been declared by final judgment to
be disqualified shall not be voted for.
One who is disqualified under Section 68 is still technica ly
considered to have been a candidate, albeit proscribed to
continue as such only because of supervening infractions
which do not, however, deny his or her statutory eligibility
(Tagolino v. HRET, G.R. 202202, 2013).
When a person who is not qualified is voted for and
eventually garners the highest number of votes, even tile
will of the electorate expressed through the ballot cannot
cure the defect in the qualifications of the candidate. To
rule otherwise is to trample upon and rent asunder the very
law that ets forth the qualifications and disqualifications of
candidates. When there are participants who turn out to be
ineligible, their victory is voided and the laurel is awarded
to the next in rank who does not possess any of the
disqualifications nor lacks any of the qualifications set in
the MO to be eligible as candidates. Knowledge by the
electorate of a candidate's disqualification is not necessary
before a qualified candidate who placed second to a
disqualified one can be proclaimed as the winner
(Maquiling v. Commission on Elections, G.R. No. 195649,
2013).
A person whose COC was cancelled due to ineligibility fOr
failure to prove Filipino citizenship and the one-year
residence requirement could not have been a valid
candidate, and could not have been validly proclaimed.
Thus, she could not have validly assumed her position.
(Velasco v. Belmonte, G.R. 211140, 2016)
The purpose of a disqualification proceeding is to prevent
the candidate from running or, if elected, from serving, Or
to prosecute him for violation of the election laws. A petition
to disqualify a candidate may be filed pursuant to Section
68 of the Omnibus Election Code. Offenses that are
punished in laws other than in the Omnibus Election Code
cannot be a ground for a Section 68 petition. (Ejercito
COMELEC, G.R. 212398, 2014).
1
Effect of Re-Election on Administrative Liability
The concept of public office is a public trust and the
corollary requirement of accountability to the people at al
times, asImandated under the 1987 Constitution, is plainly
inconsistent with the idea that an elective local official's
administrative liability for a misconduct committed during a
ATENEO CENTRAL
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I
prior term can be wiped off by the fact t he was elected
to a second term of office, or even ano r elective post.
Election is not a mode of condoningda tl administrative
offense, and there is simply no constit ti nal or statutory
basis in our jurisdiction to support the ncliti that an official
elected for a different term is fully absolved of any
1
administrative liability arising from an o ense1 done during
a prior term. (Carpio-Morales v. Binay, G R. 217126-27,
2015)
POLITICAL LAW
d. A petition to deny due course or to cancel a certificate
of candidacy must be filed within 25 days from the time
of filing of the COC, as provided under Section 78 of
the OEC ( Albania v. COMELEC, G.R. No. 226792, 7
Arne 2017 ).
e. Ai petition for disqualification of a nuisance candidate
should be filed within 5 days from the last day for filing
certificate of candidacy ( Fermin v. COMELEC, G.R.
NO. 179695, 18 December 2008 ).

The COMELEC may suspend the lamation of a CAMPAIGN

candidate who gets the majority vote he has been
disqualified before the election but the d ion has not yet Election Campaign - An act designed to promote the
become final. He will not be proclaimed cept where the election or defeat of a particular candidate to a public
judgment of disqualification is finally rev d. office, (Omnibus Election Code, Sec. 79)

Exception to non-proclamation ate with 2nd Campaign Period

highest number of votes: 1. President, vice president and senators — 90 days
1. The one who obtained the highest ber of votes is before election day
disqualified; and 2. Congressmen, provincial, city and municipal officials —
2. The electorate is fully aware in fa rid in law of a 4-6 days before election day (Sec. 5, R.A. No. 7166)
candidate's disqualification so a I I bring such
awareness within the realm of no ety but would As a general rule, the period ofelection starts at ninety (90)
nonetheless cast their votes in fav f the ineligible days before and ends thirty (30) days after the election
candidate (Grego v. COMELEC, G. 25955, .1997). date Oursuant to Section 9, Article IX-C of the Constitution
and Section 3 of BP 881. This rule, however, is not Without
Withdrawal of Candidates exception. Under these same provisions, the COMELEC
Nothing in Section 73 of B.-P. No. 881 dates that the is not Iprecluded from setting a period different from that
affidavit of withdrawal must be filed wit eI same office provided thereunder. (Aquino vs. COMELEC, G.R.
where the certificate of candidacy to b withdrawn was
211789-90, 2015)
filed. Thus, it can be filed directly %A/1h the in office of the
COMELEC, the office of the regional ction director Not eVery act of beneficence from a candidate may be
concerned, the office of the provincial e on supervisor considered campaigning. The term "campaigning" should
of the province to which the municipality olved belongs, not be made to apply to any and every act which may
or the office of the municipal election • r of the said influence a person to vote for a candidate, for that would
municipality (Go v. COMELEC, G.R. 14 I2001). stretching too far the meaning of the term. Examining the
definition and enumeration of election campaign and
Distinction between Disqualification a nd Cancellation partisan political activity found in Comelec Resolution No.
of COC 3636, the Comelec is convinced that only those acts which
a. A petition for cancellation of a certificate of candidacy are primarily designed to solicit votes will be covered by
is not based on lack of qualificati ni' but on false the definition and enumeration. The distribution of spOrts
representation, which may rela e to lack of items in line with the sports and education program of the
qualification, such as residence. ce. \ petition for province does not constitute election campaigning since
disqualification refers to commission if rohibited acts what iS prohibited is the release of public funds within the
and possession of permanen rest t status in a 45-day, period before election. (Pangkat Laguna v.
foreign country. Comelec, G.R. 148075, 2002)
b. A candidate whose certificate of andidacy was
cancelled is not treated as a candid !. A candidate 2. PREMATURE CAMPAIGNING
who is disqualified cannot continue a candidate. A candidate is liable for an election offense only for acts
c. A candidate whose certificate of 9.,ndidacy •was done during the campaign period, not before. The law is
cancelled could be substituted. A ;lidate who is clear as daylight — any election offense that may be
disqualified cannot be substituted. committed by a candidate under any election law cannot
be committed before the start of the campaign period. The
act of engaging in an election campaign or partisan political
Page 212 of 320
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activity to "promote the election or defeat f a particular
candidate or candidates", before the start bi he campaign
period, is what was commonly known "premature
campaigning". Because premature camp ning requires
and bec e there is no
the existence of a "candidate"
"candidate" to speak of until the start df t e campaign
period, there is no more premature campai ning (Penera
vs. COMELEC, G.R. No. 181613, 2009). I
Valid Forms of Campaigning: (OHS-SPiM
1. Forming organizations, associatiqns, clubs,
committees, or other groups of personS fclir the purpose
of soliciting votes and/ or undertaking py campaign
for or against a candidate.
2. Holding political caucuses, confere s, meetings,
rallies, parades or other similar ass blies for the
purpose of soliciting votes and/ or ertaking any
campaign or propaganda for or again ,candidate.
3. Making speeches, announcements o prrimentaries
or holding interviews for or against th action of any
candidate for public office.
4. Publishing or distributing campaig iterature or
materials designed to support/ oppos e election of
any candidate.
5. Directly or indirectly soliciting vote p edges, or
support for or against a candidate.
6. Advertisements.
A candidate is liable for premature cam n"rig if after
filing his/ her certificate of candidacy, he joined a
motorcade which broadcasted her filing (Penera V.
COMELEC, GR No. 181613, 2009).
PROHIBITED CONTRIBUTIONS: (UF2 PL 2E)
1. Public Utilities or those exploiting natu a resources of
the nation
2. Public or private financial institutions, e cept loans to
a candidate or political party
3. foreigners and foreign corporations
4. Grantees of franchises, incentives, eXemptions,
allocations or similar Erivileges or cone slims by the
government
5. Persons who, within 1 year prior to date of the
election, have been granted 1_..o I or other
accommodations in excess of P1 000 by the
government
6. Members of the Armed forces of the PI1iil p nes
7. Officials or employees in the iv servib
8. Persons with contracts to supply the gii) rnment with
goods or services or to perform onst u ion or other
works
9. Educational institutions which have re pi ed grants of
public funds not less than p100,000 by tiO government
Prohibited Means of Raising Funds: (C2L 3ED)
1. Cinematographic, theatrical or other perf rmances
2. Cockfights
Page 213 of 320
POLITICAL LAW
3. Lotteries
4. BoXing bouts
5. Bingo
6. Beauty contests
7. Entertainment and games
8. Dances
LAWFUL ELECTION PROPAGANDA
1. Letters
2. Written and printed materials (8.5 in. x 14 in.)
3. Posters (2 ft. x 3 ft.) in common-private poster areas
4. Rally streamers (3 ft. x 8 ft.)
5. Use of gadgets and billboards
6. Paid advertisements in print or broadcast media
(COMELEC Resolution No. 9615).
Public Rallies:
1. The candidate or party must notify election registrar
that, they intend to organize and hold within the
city/municipality
2. Submit to election registrar a statement of expenses in
connection therewith
Free SPace and Airtime
1. SPACE
a. 3 National newspapers - National candidates
b. 1 National newspaper - Local candidates
2. AIRTIME
a. 3 National TV and Radio Networks - National
candidates
b. 1 Major Broadcasting station - Local candidates
There shall be equal allocation for all candidates for 3
calendar days.
COMELEC does not have the authority to regulate the
enjoyment of the preferred right to freedom of expression
exercised by a non-candidate. Regulation of speech in the
context of electoral campaigns made by persons who are
not candidates or who do not speak as members of a
political party which are, taken as a whole, principally
advocacies of a social issue that the public must consider
during elections is unconstitutional. Such regulation is
inconsistent with the guarantee of according the fulleSt
possible range of opinions coming from the electorate
including those that can catalyze candid, uninhibited, and
robust debate in the criteria for the choice of a candidate
(Diocese of Bacolod v. COMELEC, G.R. 205728, 2015).
However, regulation of election paraphernalia will still bel
constitutionally valid if it reaches into speech of persons
who are not candidates or who do not speak as members
of a politiCal party if they are not candidates, only if what is
regulatedis declarative speech that, taken as a whole, haS
for its principal object the endorsement of a candidate only.
The regulation (a) should be provided by law, (b)
ATENEO CENTRAL
BAR OPERATIONS 2019
reasonable, (c) narrowly tailored 6 met e objective of
enhancing the opportunity of all candida s to be heard
and considering the primacy of I the g antee of free
expression, and (d) demonstrably the ast restrictive
means to achieve that object. The regulati Must only be
with respect to the time, place, and manne f the rendition
of the message. In no situation may e speech be
prohibited or censored on the basis of its content. for this
purpose, it will not matter whether the spe I is made with
or on private property. (Diocese ofiBacoip v. COMELEC,
G.R. 205728, 2015; Note: °biter clictum).1
Election Surveys
The names of those who commission o y for election
surveys, including subscribers of surve rms, must be
disclosed pursuant to Section 5.2(a) of ti- Fair Election
Act. This requirement is a valid regulation n the exercise
of police power and effects the consti u nal ,policy of
"guaranteeing equal access to opportLin ies for public
service.", and neither curtails petitioners' speech rights
nor violates the constitutional proscripti against the
impairment of contracts. (Social Weathek ations, Inc. et
al v. COMELEC, G.R. No. 208062, 2015)
When published, the tendency of election eys to shape
voter preferences comes into +y. this respect,
published election surveys partake of the lire of election
propaganda. It is then declarative speec the context of
an electoral campaign properly subje o regulation.
(Social Weather Stations, Inc. et al vs. C MELEC, G.R.
208062, 2015)
While Resolution No. 9674 does regulate ression (i.e.,
petitioners' publication of election Survey I •z1oes not go
so far as to suppress desired expression. ere is neither
prohibition nor censorship specifically a! d at election
surveys. The freedom to publish election S eys remains.
All Resolution No. 9674 does, is arliculate regulation as
regards the manner of publication, t is, that the
disclosure of those who commiss oned d/or paid for,
including those subscribed to, publ shed ction surveys
must be made. (Social Weather Stations, Inc. et al v.
COMELEC, G.R. 208062, 2015)
Exit Polls
a. Surveys shall not be conducted withir meters from
the polling places.
b. Pollsters shall inform the voters that th.. may refuse to
answer.
c. The result may be announced after the closing of the
polls on election day and must identi he number of
respondents and the places where t I were taken.
The announcement must state that it nofficial and
Page 214 of 320
POLITICAL LAW
does not represent a trend ( Sec. 5.5, Republic Act No.
9 006).
Paid Advertisements
1. PRINT
• 1/4 page in broadsheet, 3x a week
• 1/2 page in tabloid, 3x a week
2. RADIO (per network)
• Aggregated total of 180 mins. for National
candidates
• Aggregated total of 90 mins. for Local candidates
3. TV (per network)
• Aggregated total of 120 mins. for National
candidates
Aggregated total of 60 mins. for Local candidates
TV and radio paid advertisements airtime cannot exceed
their AGGREGATED TOTAL TIME. (COMELEC
Resolution No. 9615).
The Fair Election Act does not justify a conclusion that the
maximum allowable airtime should be based on the
totality of possible broadcast in -all television or 35 i*clio
stations, and the COMELEC has no authority to provide
for rules beyond what was contemplated by the law it
is supposed to implement (GMA Network, lncJ V.
COMELEC, G.R. 205357, 2014).
General Rule: It shall be unlawful for any person or
organization to solicit and/ or accept any-gift, contributiOn,
food, transportation or donation in cash or in kind from the
commencement of the election period up to and including
election day.
Exception: Normal and customary religious stipends, I
tithes or collections.
Rules on Election Propaganda:
• All registered _parties and bona fide candidates shall
have the right to reply to charges published against
them.
• No movie, cinematograph, documentary portraying the
life or biography of a candidate shall be publicly
exhibited in a theatre, TV station, or any public forum
during the campaign period.
• No movie, cinematograph, documentary portrayed by
an actor or media personality who is himself a
candidate shall be publicly exhibited in a theatre, tn./
station or any public form during the campaign period.
• All mass media entities shall furnish the COMELEC
with copies of all contracts for advertising, promoting,,
or opposing any political party or the candidacy of any
person for public office within 5 days after its signing.
• Any media personality who is a candidate or is a
campaign volunteer for or employed or retained in any
capacity by any candidate or political party shall be
deemed resigned, if so required by their employer,I or
ATENEO CENTRAL
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shall take a LOA from his work as h during the

campaign period. Lawful Expenditures
1. Traveling expenses
Prohibited Donations 2. Compensation of campaigners, clerks, stenographers,
It is prohibited for any candidate, his spou relative messengers and other persons actually employed in
the campaign
within second degree of consanguinity or nity, a 3. Telegraph and telephone tolls, postage, freight and
representative to make any contribufion f ny structure express delivery charges
for public use or for use of any religious c:0(1 lc 4. Stationary, printing and distribution of printed matters
organization, except the normal religious u s and relative to candidacy
payments for scholarships established an chool 5. Employment of watchers at the polls
contributions habitually made before the c I I paign period 6. Rent, maintenance and furnishing of campaign HQ,
( Sec. 104, Omnibus Election Code). office, or place of meetings
7. Portical meetings and rallies
Invalid Forms of Campaigning: 8. Advertisements
Display of campaign materials outside authoilized common 9. Employment of counsel
poster areas in public places or private pl ces without the 10. Printing sample ballots
consent of the owner 11. Copying and classifying list of voters, investigating and
challenging the right to vote of persons registered in
Note: The posting of election camp n ,material on the lists
vehicles used for public transport so on transport
I expression, Note: The cost of (9), (10), (11) shall not be taken into
terminals is not only a form of politic
account in determining the amount of expenses which a
but also an act of ownership — it 1-is othing to do
the PUV or candidate or political party may have incurred.
with the franchise or permit to opeila
transport terminal. (1-United iransp Koalisyon (1-
The phrase "those incurred or caused to be incurred
Utak) v. COMELEC, G.R. 206020, 5)
by the candidate" is sufficiently adequate to cover
ials within 3 those expenses which are contributed or donated in
Non-removal of premature campaign m
days from notice the candidate's behalf. By virtue of the legal requirement
Note: Failure to remove raises presurn n that said that a contribution or donation should bear the written
candidate was engaged in premature cam gning conformity of the candidate, a
Print, publish or broadcast election propag a donated to contributor/supporter/donor certainly qualifies as any
a candidate without the written acce tances of the person authorized by such candidate or treasurer (Ejercito
candidate v. COMELEC, G.R. 212398, 2014).
Foreign intervention
Campaigning outside campaign periods
Vote in Absentia
Removal or destruction of lawful proPagan
Removal, confiscation or destruction of ' prohibited Every qualified Filipino citizen abroad previously
propaganda other than by COMELEC s deputized registered as a voter may file with an embassy, consulate
officers or other foreign service establishment an application to
Written or broadcast materials that do ot bear the vote in absentia ( Sec. 11.1, Republic Act No. 9189 ) .
inscription: "political advertisement paid fo and name/
address of benefiting candidate or party The application may be filed personally or by mail (Sec.
Advertisements beyond the allotted t me arc pace 11.2 ) . ,
Transportation, food and drinks during an hours before
The application shall be transmitted to COMELEC ( Sec.
and after public meetings
Movie or video on candidate 11.1, Republic Act No. 9189)
Cinematography or documentary po a ing life or A. COMELEC shall act on the application not later than
biography of candidate 150 days before election day.
B. In case of disapproval of the application, the voter or
LIMITATIONS ON EXPENSE his authorized representative may file a motion for
Authorized Expenses - Multiplied with th tal number reconsideration personally or by registered mail within
of registered voters: 10 4ys from receipt of notice.
1. P10 - President and Vice President
2. P3 - Other candidates C. The decision of COMELEC is final ( Sec. 12, Republic
3. P5 - Independent candidates Act No. 1989 ) .
4. P5 - Political parties
Page 215 of 320
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STATEMENT OF CONTRIBUTIONS A EXPENSES
Every candidate and treasurer of the psli cal party shall,
within 30 days after the day of the elect file in duplicate
with the offices of the CommisSion t full, true and
itemized statement of all contributions and xpenditures in
connection with the election.
No person elected to any public office s a I enter upon the
duties of his office until he hasii filed statement of
contributions and expenditures he ein re red.
The same prohibition shall apply if the phi i al party which
nominated the winning candidate fails to fi the statement
required herein within the period prescribe. by this Act.
BOARD OF ELECTION INSPECTORS D BOARD OF
CANVASSERS
1. COMPOSITION
Provincial
1. Provincial election supervisor cf la 'in the regional
office of the COMELEC (Chairman);
2. Provincial fiscal (vice)
3. Provincial superintendent of schools ember)
4. Substitute members (in order):
a. Provincial auditor
b. Register of Deeds
c. Clerk of Court nominated b exe utive judge
d. Other available appointive provi ci' I officer
City
1. City election supervisor or lawyer of CqV1ELEC (chair)
2. City fiscal (vice)
3. City superintendent of schools (menn
4. Substitute members — same as provi
Municipal
1. Election registrar or COMELEC repr tative (chair)
2. Municipal treasurer (vice)
3. Most senior district school superviso ( ember)
4. Or principal of the school, if absent
5. Substitute members:
a. Municipal administrator
b. Municipal assessor
c. Clerk of Court nominated by execu lie judge
d. Other available appointive rhunicipa officers
Board of Canvassers for Presideilit ancl V ce-
President:
Congress to determine the authenticity and ue execution
of certificates of canvass. Must prove:
13
Note: The challenged ,person shall tak a prescribed
oath before the BEI that he has not doiti mitted any of
the acts alleged in the challenge afte 'w lich he will be
allowed to vote.
Page 216 of 320
POLITICAL LAW
Each certificate of canvass was executed, signed,
thumb-marked by the Chair and transmitted to
Congress;
2. Each certificate contains the names of all candidates
and votes in words and figures
3. NO discrepancy in authentic copies
Board of Canvassers for Senators: COMELEC en banc,
and not the provincial board.
Disqualifications:
0. He/his spouse is related within the fourth (4th) civil
degree of consanguinity or affinity, to any member of
the BEI or to any candidate to be voted for or to the
latter's spouse, in the polling place. (COMELEC
Resolution No. 9640, Art. 1, Sec. 3)
1. Engaged in any partisan political activity. (Omnibus
Election Code, Art. XIV, Sec. 173)
POWERS
Duty of Board of Canvassers: Purely ministerial, to
compile and add results as appearing in the results
transmitted to it.
Grounds to Challenge an Illegal Voter:
1. NO registered
2. Using the name of another
3. Suffering from existing disqualification
GeneralI Rule: No voter shall be required to present his
voter's affidavit on election day.
Exception: His identity is challenged.
Failure to produce voter's affidavit shall not preclude him
from voting if:
1. His identity be shown from the photograph, fingerprints
or specimen signatures in his approved application in
the book of voters.
2. He is identified under oath by a member of the BEI and
such identification shall be reflected in the minutes of
the board.
Grounds to Challenge Based on 'Illegal Acts:13
1. Vote buying
2. Vote selling
3. Vote betting
Buildings Not Valid as a Polling Place:14
1. Public or private building owned, leased or occupied
by any candidate of any person who is related to any
candidate within the 4th civil degree of consanguinity
14 Note: Where no suitable public building is available,
private school buildings may be used as polling places
ATENEO CENTRAL
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or affinity, or any officer of the governrn nt or leader of will not affect the result of the elections. (AksYon
any political party MagsaSaka-Partido Tinig ng Masa (AKMA-PTM) v.
2. Building or surrounding prem ses Ln er the actual COMELEC, G.R. 207134, 2015)
control of a private entity
3. Those located within the per meter f or inside a The manual COCP is the official COMELEC document in
military or police camp or reservation or ithin a prison cases wherein the canvassing threshold is lowered. In fact,
compound
clear from the language of the Resolution is that the
Requisites for valid transfer of venue of ounting:15 winners, in such instances, are proclaimed "by manually
(BV-NW) preparing a Certificate of Canvass and Proclamation I of
Imminent threat of Violence Winning Candidates," the format for which is appended to
To Nearest school (see comment] COMELEC Resolution No. 9700. (Garcia V. COMELEC,
Unanimous vote of Board of Inspec ors G.R. 216691, 2015)
Majority of Watchers
Casting of Votes
If there is actual danger, no need for the n nimous vote

General Rule: Voting by proxy is not allo !,

of the BOI and assent of majority of poll a , hers • The chairman of the board of election inspectors should
sign each ballot at the back. (Sec. 24, Republic Act No.
•
7166). The omission of such signature does not af fect
Exceptions: the validity of the ballot ( Libanan v. House of
1. Illiterate Representatives Electoral Tribunal, 283 SCRA 520;
2. Handicapped
Punzalan v. COMELEC , 289 SCRA 702; Pacris v.
General Rule: No ballots other than offici allots shall Pagalilauan, 337 SCRA 638; Malabaguio v. COMELEC
be used or counted , 346 SCRA 699; De Guzman v. Sison, 355 SCRA 69)
Exceptions:"
Failure to receive the official ballots on time
• A voter who was challenged on the ground t hat he has
There are no sufficient ballots for all register d voters
The official ballots are destroyed at such time as shall been paid for his vote or made a bet on the result of the
render it impossible to provide other official Lallots election will be allowed to vote if he takes an oath that
he did not comm it the alleged in the challenge ( Sac.
Features of Canvassing: 200, Omnibus Election Code ) .
1. The Board of Canvassers (BOC) is a co egial body.
2. The BOC exercises ministerial duty. • An illiterate or physically disabled voter may be assisted
3. The BOC exercises quasi-judicial functi S. by a relative by affinity or consanguinity within the fourth
4. Proceedings before BOC are summary nature. degree or any person of his confidence who belongs to
5. The BOC convenes at 6pm. the same household or any member of the board of elect
6. Canvassing shall be in public. ion inspectors ( Sec. 196, Omnibus Election Code, De
7. Proceedings are continuous from day t day, without Guzrrian v. COMELEC ,426 SCRA 698 ) .
interruption except to adjourn.
8. No police, army or security officer al o ed within 50 • It is unlawful to use carbon paper, paraffin paper or other
meters from canvassing room unless led in writing means for making a copy of the contents of the ballot or
by the BOC to stay outside the room. to use any means to identify the bal lot ( Sec. 195,
9. After proclamation, BOC becomes fun t s officio. Omnibus Election Code ). A ballot prepared under such
circumstances should n ot be counted. ( Gutierrez v.
The proviso designating Smartmatic as t 'oint venture Aquino, G.R. No. L - 14252, February 28, 1959 ) .
partner in charge of the technical aspect the counting
and canvassing wares does not translate t ding control • Absentee Voting:
of the electoral process to Smartma (Roque v. • .Members of the board of election inspectors and their
COMELEC, G.R. 188456, 2009). substitutes may vote in the precinct where they are
assigned ( Sec. 169, Omnibus Election Code ) .
COMELEC is authorized by law to pr im winning
candidates if the remaining uncanvassed ction returns

16
15 Note: Failure to comply with requisites ults in failure Note: In the given abovementioned exceptions, the
of elections. remedy is to use emergency ballots to be provided by
the City or municipal treasurer.
Page 217 of 320 I
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Whether or not there •is probable cause to charge a

• Absentee voting for President, Vic President and
candidate for an election offense
Senators is allowed for members oft Armed Forces The Prosecutor is the COMELEC, through its Law
of the Philippines, Philippine Na at Police and Department which determines whether or not probable
other government employees assign d in connection causel exists
with the performance of election du ies to place s If there is probable cause, the COMELEC's Law
where they are not registered (Sec , Republic Act Depaiiment files the criminal informatipn before the proper
No. 7166) court
Proceedings before the proper court demand a full blown
Postponement of Election hearing and require proof beyond reasonable doubt to
conviCt
When for any serious cause such as vio e ce, loss of A criminal conviction shall result in the disqualification ,of
election paraphernalia, force majeure, an other the offender, which may even include disqualification from
analogous causes elections cannot be hl' , COMELEC holding a future public office
shall motu proprio or upon petition by an terested party
postpone the election not later than 30 d after the Grounds for Disqualification: (LF2-SEND2)
cessation o f the cause of the postpone t ( Sec. 5, 1. Lacking qualifications.
Omnibus Election Code). 2. Filing a CoC for more than 1 office
3. False and material representation in the CoC.
4. Disqualifications under the,LGC.
C. REMEDIES AND JURISDIC ION 5. Nuisance candidate.
6. Election offenses enumerated under Sec. 68 of the
1. PETITION TO DENY DUE COURSE OR CANCEL Omnibus Election Code
A CERTIFICATE OF CANDIDACY 7. Declared insane or incompetent by competent
authority.
Denial or cancellation of Certificat of Candidacy 8. Sentenced by final judgment for subversion,
proceedings involves the issue of wheth here is a false insurrection, rebellion or an offense which hebas been
representation of a material fact. The fa representation sentenced to a penalty of more than 18 months, or a
must necessarily pertain not to a mere i cuous mistake crime involving moral turpitude, unless given plenary
but to a material fact or those that refer a candidate's paklon/ amnesty.
qualification for elective office (Panlaq COMELEC,
GR. 188671, 2010) The Je of a foreign passport amounts to repudiation or
recantation of the oath of renunciation. Matters dealing
2. PETITION FOR DISQUALIFICATION with qualifications for public elective office must be strictly
complied with. A candidate cannot simply be allowed to
COMELEC may motu proprio or upon ve d petition of correct the deficiency in his qualification by submitting
any interested party refuse to give due c e or cancel a another oath of renunciation (Amado v. COMELEC, G.R.
COC when: 210164, 2015)
1. The COC has been filed to put the ele on process in
mockery or disrepute The petitioner's continued exercise of his rights as a citizen
2. Causes confusion among the voters he similarity of of the I USA through using his USA passport after the
the names of the registered candidat renunciation of his USA citizenship reverted him to his
3. Other circumstances which clearly onstrate that earliers'tatusas a dual citizen. Such reversion disqualified
the candidate has no bona fide inten ii to run for the him kern being elected to public office. (Agustin v.
office COMELEC, G.R. 207105, 2015)

Aspects of Disqualification Cases: Disqualifications under the LGC: (MAO-PDF)

ELECTORAL ASPECT 1. Sentenced by final judgment for an offense involving
Whether or not the offender should be qualified from Moral turpitude or for an offense punishable by 1 year
being a candidate or from holding office or more of imprisonment within 2 years after serving
Proceedings are summary in character a require only a sentence.
clear preponderance of evidence 2. Removed from office as a result of an Administrative
An erring candidate may be disqualified n without prior case.
determination of probable cause in preliminary 3. Convicted by final judgment for violating the p_ath of
investigation allegiance to the Republic.
4. fugitives from justice in criminal or non-political cases
CRIMINAL ASPECT here or abroad.
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ATENEO CENTRAL
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5. Dual allegiance.
6. Permanent residents in a foreign cou or those who
have acquired the right to reside abrcai and continue
to avail of the same right.
A candidate is ineligible if he is disqualified ts be elected to
office, and he is disqualified if he any of the
qualifications for elective office. Even ifL the COMELEC
made no finding that the petitioner lia deliberately
attempted to mislead or to misinform ai warrant the
cancellation of his CoC, the COMELEC c d still declare
him disqualified for not meeting the re II site eligibility
under the Local Government Code. (Agus(n COMELEC,
y.
G.R. 207105, 2015)
Petition for Disqualification v. Petition eny Due
Course/Cancel CoC:
PETITIO TO DENY
PETITION FOR
DU • URSE/
DISQUALIFICATION
CA • L CoC
Premised on Section 12 or 68 Grbunde in a
of the Omnibus Election stateme t 4 a material
Code, or Section 40 of the representa on in the
Local Government Code said certifk.tèthat is
fale.
1 A COMELEC resolution declaring a candidate disqualified
A person who is disqualified The persp whose
under Section 68 is merely certificat i: cancelled
prohibited to continue as a or denie • e course
candidate. under Sctiin 78 is not
treated a candidate
at all, as f e/she
nexfer filed CoC.
Thus, a candidate who is A person ose CoC
disqualified under Section 68 has been nied due
can validly be substituted cotirse or ncelled
under Section 77 of the OEC under Sept in 78
because he/she remains a cannot be bstituted
candidate until disqualified, because she is
never cons .ered a
Note: However, if the candidat-. Tagolino v.
candidate is disqualified after HRET, G . 202202,
assumption of office, he shall 2013)
vacate the position and 1 interlocutory order issued by a Division of the COMELEC.
succession under LGC shall Noe: If t e oC of the
apply as ruled. candidat- s denied
or cancel e in due
course a ' e he has
assumed o ice, he
sh llvact the
position .n the
second • a er will be
declared :s winner.
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POLITICAL LAW
Petition to Deny Due Course/ Cancel CoC (Before
Elections) v. Quo Warranto (After Election Results)
PETITION FOR QUO
PETITION TO DENY DUE
WARRANTO
COURSE/ CANCEL CoC
(AFTER ELECTION 1
(BEFORE ELECTIONS)
RESULTS)
1. The qualifications for 1. May be brought on the
elective office are basis of two grounds I
misrepresented in the a. ineligibility or
certificate of candidacy b. disloyalty to the
2. The proceedings must Republic of the
be initiated before the Philippines
elections. 2. must be initiated within
ten days after the
proclamation of the
election results.
3. A candidate is ineligible
if he is disqualified to be
elected to office, and ha
is disqualified if he lacks
any of the qualifications
for elective office.
for the said position is not yet final if a motion for
reconsideration has been timely filed. At that point, he still
remains, qualified and his proclamation thereafter is valid.
As a result, COMELEC's jurisdiction to contest his
citizenship ends, and the HRET's own jurisdiction begins
(Gonzales V. COMELEC, G.R. 192856, 2011).
A party aggrieved by an interlocutory order issued by a
Division of the COMELEC in an election protest may not
directly assail the order in this Court through a special chiil
action for certiorari. The remedy is to seek the review of
the interlocutory order during the appeal of the decision of
the Division in due course. The court may have the power
to review any decision, order or ruling of the COMELEC,
limits such power to a final decision or resolution of the
COMELEC en banc, and does not extend to an
Otherwise stated, the Court has no power to review on
certiorar an interlocutory order or even a final resolution
issued by a Division of the COMELEC. Where the
Commission in division committed grave abuse of
discretion or acted without or in excess of jurisdiction in
issuing interlocutory orders relative to an action pending
before it and the controversy did not fall under any of the
instances mentioned in Section 2, Rule 3 of the COMELEC
Rules ofl Procedure, the remedy of the aggrieved party is
not to refer the controversy to the Commission en banc as
ATENEO CENTRAL
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this is not permissible under its present U s but to elevate GMA did not intend to restore his right to suffrage (Risos-
it to this Court via a petition for certiora rider Rule 65 of Vidal v. COMELEC and Estrada, G.R. No. 206666, 2015).
the Rules of Court (Cagas v. COMEL tP G.R. 194139,
2012). The disqualification from running for public office due to
libel shall be removed after service of the five-year
Removal of Disqualification sentence, which is counted from the date the fine is paid.
(Ty-Delgado v. HRET, G.R. No. 219603, 2016)
Plenary Pardon
The phrase in the presidential pardon hi h declares that 3. PETITION TO DECLARE FAILURE OF ELECTIONS
the person "is hereby restored to his c il and political There is a failure to elect when nobody can be declared as
rights" substantially complies with th equirement of a winner because the will of the majority has been defiled
express restoration of his right to hold pub ic office, or the and cannot be ascertained.
right of suffrage. Articles 36 and 41 of t Revised Penal
Code should be construed in a way that I give full effect When Failure of Elections May Be Declared: (SNR)
to the executive clemency granted the President, 1. Election was Suspended before the hour fixed by law
instead of indulging in an overly Strict rPretation that for the closing of the voting
may serve to impair or diminish the im o of the pardon 2. Election in any polling place was Not held on the date
which emanated from the Office of the ident and duly fixed
3. Elections Results in a failure to elect (after the voting
signed by the Chief Executive hinself elf. The said
and during the preparation and transmission of the
codal provisions must be construed armonize the election returns or in the custody or canvass thereof).
power of Congress to define crimes prescribe the
penalties for such crimes and the powe the President Grounds: (V-PAT)
to grant executive clemency. All that t aid provisions Force majeure
impart is that the pardon of the principa nSIty does not Fraud
carry with it the remission of the ace sory penalties Violence
unless the President expressly include aid accessory Terrorism
penalties in the pardon. It still recognize e Presidential Analogous circumstances
prerogative to grant executive clemenc dl specifically,
to decide to pardon the principal pealty
i
le' excluding its
accessory penalties or to pardon both. h is, Articles 36
Conditions to Annul an Election: (WIG)
Winner cannot be determined
Illegality must affect more than 50% of the votes cast
and 41 only clarify the effect of the pardo decided upon
Good votes cannottedistinguished from the bad votes
by the President on the penalties Impos n accordance
with law (Risos-Vidal v. COMELEC, G.R 6666, 2015). r[
FAILURE
POSTPONEMENT
A whereas clause in a pardon which stat hat the person OF
OF ELECTIONS
ELECTIONS
"publicly committed to no longer seek an eetive position
or office" does not make the pardon con nal. Whereas Any SERIOUS cause 1.Force majeure
clauses do not form part of a sistute cause, strictly of: Violence
speaking, they are not part of the operati nguage of the Force majeure Fraud
statute. The whereas clause is not an int ral part of the Violence Terrorism
decree of the pardon, and therefore, do not by itself Grounds Terrorism Analogous
alone operate to make the pardon conditional or to make Loss or destruction of
its effectivity contingent upon he f Ifillrnent of the election
paraphernalia
aforementioned commitment nor to limit tI scope of the
Analogous
pardon (Risos-Vidal v. COMELEC, G.R. c666, 2015).
Serious and Failure to elect
Former President Estrada was granted ar I solute pardon Extent of impossibility to have and affects
that fully restored all his civil and politi rights, which Cause free and orderly results of
naturally includes the right to seek publ lective office. elections elections
The wording of the pardon extended to hi is complete, 1 Grounds must exist Grounds may
unambiguous, and unqualified. The [fact tha he pardon did Conditions
before voting occur anytime
not specify the specific rights restored does not mean that

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before . PRE-PROCLAMATION CONTROVERSY

proclamation
Pre-proclamation Controversy - Any question pertaining
Authority Majority vote of COME E .; en banc to or affecting the proceedings of the Board of Canvassers
which may be raised by any candidate or registered
Verified petition by fled petition political party, or coalition.
any interested person by any
or motu propio by nterested
Procedural Grounds in Pre-Proclamation Controversies:17
COMELEC en banc on (may not
Require- 1. Illegal composition or proceedings of the board of
Due notice be done motu
ments canvassers
Hearing propio)
a. Filed with the BOC or with COMELEC
ue notice
b. Within 3 days from a ruling (if based on illegal
Hearing
proceedings), or as soon as the Board begins to
Election is postponed 3Iaration of act.
Conduct elections failure of 2. Irregularities in relation to the preparation,
reasonably close to lections transmission, receipt, custody, and appreciation of
elections not held, but olding or election returns and certificates of canvass:
not later than 30 days *nuation of a. ERs are delayed, lost or destroyed
from cessation of lections b. Material defects in the ERs
Effect if asonably c. ERs appear to be tampered with or falsified
cause
Petition lose to d. Discrepancies in the ERs
Granted ctions not 3. Canvassed returns are incomplete, contain material
d; but not defects
r than 30 a. ERs are delayed, lost, destroyed
0 1 ys from i. In this case, the Board can use any of the
CO sation of authentic copies
cause ii. Or terminate canvass if the missing returns will
not affect the results anyway
b. Missing requisites
i. Board calls for members of the BEI to
To resolve the tie, there shall be drawing of lo .s1 Whenever complete or correct the return. DON'T
it shall appear from the canvass that o or more EXCLUDE, if correctable
candidates have received an equal and high st number of c. ERs are tampered, falsified, altered after these left
votes, or in cases where two or more cand d tes are to be the hands of BEI, not authentic, prepared under
elected for the same position and two or mó candidates duress, force, intimidation, etc.
received the same number of votes fCor the a t Place in the i. Resort to other ERs
number to be elected, the board of ca ssers, after ii. If all are tampered, can have ballot boxes
recording this fact in its minutes, shall by r ution, upon reopened and counted
d a special d. Discrepancies in other authentic copies of the
five days notice to all the tied candidates,
returns or discrepancies in the votes of any
public meeting at which the board of c n assers shall
candidate in words/figures — and these would
proceed to the drawing of lots of the candka s who have affect results of the election
tied and shall proclaim as elected the candid es who may i. Order opening of ballot boxes for recount
favored by luck, and the candidates so p o !aimed shall 4. ERs prepared under duress, threats, coercion,
have the right to assume office in the same anner as if intimidation, obviously manufactured
he had been elected by plurality of votes. he board of "Obviously manufactured" - According to the
canvassers shall forthwith make a certifi stating the Court, when it follows the doctrine of statistical
name of the candidate who had been favo by luck and improbabilities or "Statistically improbable
his proclamation on the basis thereof. data".
5. Substitute or fraudulent returns in controverted polling
Nothing in this section shall be construed depriving a places are canvassed, and the results materially affect
n. (BP 881, the standing of candidates
candidate of his right to contest the ele
§240; Tugade v. COMELEC, G.R. No. 171 2007)

'Note: Grounds for pre-proclamation co yersies are

exclusive.
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For national officials, the only groun Mailable are: Two Objection Rule - Submit oral objection and written
- Illegal composition or proceedings the board of objection simultaneously to BOC chairperson before ERs
canvassers have been canvassed. There is substantial compliance
- "Manifest Errors"— Matters regardi he preparation, even if the oral objection is filed first, then the written
transmission, receipt, custody, and ap reciation election objection with evidence is submitted within 24 hours.
•
returns shall be brought, in the first in t I ce, before the
boards of canvassers, not the COMEL Fernandez vs.
COMELEC, G.R. No. 171821, 2006). Howeiter, in Marabur vs. COMELEC, the Court held that
there is substantial compliance if,despite the absence ,of a
General Rule: COMELEC cannot go be In the face of an written objection, an offer of evidence is made within the
election return. It is beyond the jurisdict o of COMELEC 24-hour period (Marabur vs. COMELEC, G.R. No. 169513,
to go beyond the face of the returns or i v tigate election 2007)j,
irregularities.
Exception: When there is prima fable sh ng that the ER Summary Nature:
is not genuine. • Pre-proclamation controversies shall be heard
e.g., as when several entries have bee •tted (Lee vs. summarily by the COMELEC.
COMELEC, G.R. No. 157004. 2003). Its decision shall be executory after 5 days from receipt
by the losing party of the decision, unless restrained
Grounds For Material Defects: by[the SC.
1. Omission of name of candidates
2. Omission of votes for candidates Geneeal Rule: Pre-proclamation cases are deemed
terminated:
Material Defect v. Falsified/Tampered 1. At the beginning of the term of the office involved and
the rulings of the BOC concerned deemed affirmed.
MATERIAL DEFECT Ells 11. .VE BEEN 2. This is without prejudice to the filing of a regular
IN THE ERs FALSIFIED! TAMPERED election protest by the aggrieved party.
1 Excepfions: Proceedings may continue if:
I . .
BOC needs authority BOC needs no prior 1. COMELEC determines that the petition is meritorious
from COMELEC to get permission from the and issues an order for the proceedings to continue.
copies of the other ERs COMELEC to get copies of 2. The SC issues an order for the proceedings to
the other ER continue in a petition for certiorari.
,

Jurisdiction: Where a proclamation is null and void, the proclamation is

Contested composition or proceediigs o tl e ,board - May no proclamation at all and the proclaimed candidate's
be initiated in the Board of canvassers or MELEC assumption of office cannot deprive the COMELEC of the
Contested ERs - Should be brought in th 1st instance power to declare such nullity and annul the proclamation.
before the board of canvassers onlit (Federico V. COMELEC, G.R. 199612, 2013).

General Rule: When the Electoral Tr f unal obtains
jurisdiction, it precludes the COMELEC[f
powers over pre-proclamation conelovers e
Exceptions: (PAPI-Q)
1. BOC was Improperly constituted
2. Proclamation was null and void
3. guo warranto is not the proper reme
4. What was filed was a Petition to ann
and not quo warranto or election pro
5. Election contest expressly made wit
PPC or it was made Ad cautelam (c
In exercising its powers and jurisdiction,
mandate to protect the integrity of
COMELEC "must not be straight-jacket d
rules in resolving election disputes"
COMELEC, G.R. 194143, 2011).
But the remedy of filing a pre-proclamation case is still
m exercising available after proclamation if the proclamation shOuld
have been suspended because of contested election
returnsVaina/ vs. Comelec, G.R. No. 174551, 2007).
Grounds for Recount:
1. Material defects in the ERs
proclamation, 2. ERs are tampered or falsified
t. 3. Dislcrepancies in the ERs
t 4Nejudice to
onary). When Recount is Possible:
1. COMELEC order BEI to conduct recount
defined by its 2. Integrity and identity of ballot box is not violated
lections, the 3. BEI ascertains that integrity of ballots in box preserved
y procedural 4. BEI recounts and complete/correct returns
(Vlolago v.

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In regular election contests, the general vOrnent of fraud
or irregularities in the counting of voè4 justifies the
examination of the ballots and recountin tf votes. This
process of examination is the ravisio f the ballots
pursuant to Section 6, Rule 20 (4 the 93 COMELEC
Rules of Procedure. The protests involve herein assailed
the authenticity of the election returns a d he veracity of
the counting of the ballots. In that re r the ballots
themselves are the best evidenca. Th IY means to
overcome the presumption of legitimac • the election
returns is to examine and determine first ther the ballot
boxes have been substantially preserve the manner
mandated by law. Hence, the necessity t sue the order
of revision18 (Tolentino vs. COMELEC, No. 187958,
2010])
Statistically Improbable Data
1. Uniformity of tally in favor of candidat s .elonging to 1
party.
2. Systematic blanking out of candidates belonging to
another party.
General Rule: Pre-proclamation cases r NOT allowed
in elections for the President, Vice presid Senator and
members of the House of Representative
Exceptions:
1. Manifest Errors in the ERs or COCs rria be corrected
motu propio or upon written complaint ny interested
person.
2. Questions affecting the compos tion or e, oceedings of
the board of canvassers may be initia eg in the board
or directly with the Commission in thceordance with
Section 19 (RA 7166).
Manifest Errors:
1. Mistake in adding
2. Mistake in copying of figures from ER Statement of
Votes
3. ERs from non-existent precinct canva
4. Copy of ER tabulated more than twice
5. 2 or more copies of ER and COC in 1 nct counted
separately
The grounds for manifest errors are inclusiv
The allowable margin of error is 60%.
It suspends the running of the period withir v ich to file an
election protest or quo warranto proceedin
18
Note: The COMELEC did not commit gr ve abuse of
discretion when it ordered the revisi n f 44 ballots
with the Senate Electoral Tribunal without first
Page 223 of 320
POLITICAL LAW
Notwithstanding the pendency of any pre-proclamation
controversy, the Commission may summarily order the
proclamation of other winning candidates whose election
will not be affected by the outcome of the controversy.
An aggrieved party may file a petition for certiorari with the
COMELEC whenever a judge hearing an election case has
acted without or in excess of his jurisdiction or with grave
abuse of discretion and there is no appeal, nor any plain,
speedy and adequate remedy in the ordinary course of
law. (Bull/is v. Nuez, G.R. No. 195953, 2011).
ELECTION CONTESTS
An election contest is any adversary proceeding by which
matters involving title or claim of title to an elective office,
made before or after the proclamation of the winner, is
settled whether or not contestant is claiming office in
dispute (Javier v. COMELEC, G.R. Nos. L-68379431,
September 22, 1986)
Kinds Of Election Contests:
1. Election Protest
2. Quo Warranto
Objective: To dislodge the winning candidate from office
and determine the true winner.
Withdrawal of nomination and substitution by another
nominee is neither an election protest nor an action for
quo warranto. Petitioner correctly brought before the
Supreme Court this special civil action for certiorari under
Section 7 of Article IX-A of the 1987 Constitution,
notwithstanding the proclamation of, and assumption of
office by, the substitute nominee. (Lokin, Jr. V. COMELEC
G.R. 179431-32/180443, 2010).
COMELEC Jurisdiction Over Election Contests:
1. Original Jurisdiction over contests relating to elections,
returns, and qualifications of all elective:
a. Regional
b• Provincial
c. City officials
2. Appellate Jurisdiction over contests involving:
a. Elective Municipal officials decided by trial courts
Of general jurisdiction
b. Elective Barangay officials decided by trial courts
Of limited jurisdiction
c. COMELEC may issue extraordinary writs of
Certiorari, prohibition and mandamus
A petition for mandamus will lie against the Speaker of the
House and the House Secretary General for not
resolving whether 16 of those 44 ballots should be
included in the revision.
 ATENEO CENTRAL
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performing their ministerial duties to ad lister the oath of Grounds For Election Protest: (IN MVP)
the second placer and enter his na e in the Roll of 1. Misappreciation
Members of the House of Represent t ves, when the 2. Violence
winner's COC had been cancelled dye to ineligibility. 3. Intimidation
(Velasco V. Belmonte, G.R. 211140, 201'6) 4. No padlock
5. Padding of votes
Pre-proclamation Controversy v Elec ion Contest
House of Representatives Electoral Tribunal
PRE-PROCLAMATION ELECTION Jurisdiction Over Election Contests
CONTROVERSY FONTEST The House of Representatives has the jurisdiction to
question the qualification of the nominees of party-list
Before proclamation of After proclamation of organizations. Although party list organizations are voted
candidate ca nclidate for in the elections, still it is not the organizations which sit
, - and become members of the House of Representatives but
Jurisdiction of COMELEC is Jurisdiction of
administrative or quasi-judicial COME EC is quasi- their nOrninees. Subsequently, Section 17, Article VI of the
fiydicial Constitution provides that the HRET shall be the sole judge
of all contests relating, among others, to the qualifications
of the members of the House. Thus, since party list
• Only real parties in interest can file a ursue election
protests.19 nominees are considered as "elected members" of the
• Even if it was the 2nd placer who d the election HouseL the HRET has jurisdiction to hear and pass ,upon
protest, the 3rd placer may still possi win.2o their qualifications (Abayon v. HRET, G.R. 189466, 2012).

Requisites for an Election Protest
1. Filed by candidate who has filed a C
voted upon for the same office.21
2. Filed within 10 days from proclamati
a. Period to file EP is suspencied d
PPC
b. A counter-protest must also
reglementary period
3. On grounds of:
a. election fraud/terrorism, and
b. irregularities or illegal acts befor
casting and counting of votes
Additional Requirements:
1. Payment of docket fee22
2. Certificate of Non-Forum Shopping
General Rule: Ballots are the best and most conclusive
and has been evidence in an election contest where the correctness of
the number of votes .of each candidate is involved (Delos
f results Reyeiv. COMELEC, G.R. No. 170070, 2007).
g pendency of Exception: Election returns are the best evidence when
the ballots are lost, destroyed, tampered or fake.
ply with the
Execution Pending Appeal:23
1. Public interest is 'involved or will of the electorate
2. Length of time that the election contest has been
uring, or after pending
3. Shortness of the remaining portion of the term of the
contested office. (Pecson v. COMELEC, G.R. 182865,
2008).
General Rule: The COMELEC cannot proclaim as winner
the candidate-who obtains the 2nd highest number of
votes in case the winning candidate is ineligible or
disqualified. When a winner is declared ineligible, the
candidate who finished 2nd cannot assume the position
(Quizon v. COMELEC, G.R. 177927, 2008)
Exception:
1. The one who obtained the highest number of votes is
disqualified, and

19 21
Note: A real party in interest is -he pa 1who would be Note: Special rule for PET: Only the 2nd or 3rd placer
benefited or injured by the judgment a nd the party who may file the protest
22
is entitled to the avails of the suit. e.g. candidate of the Note: Failure to pay is ground to dismiss the case.
same position Except when there is estoppel by the other party, by
20
Note: The case of presidential protes o ses, only two not raising the ground promptly.
23
persons, the 2nd and 3rd placers, m. contest the Note: A combination of 2 or more will suffice to allow
election (Poe vs. Macapagal-Arroyo, ET Case No. execution pending appeal, but shortness of the
003, 2005). remaining period alone is not a ground for execution
pending appeal
Page 224 of 320
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2. The electorate is fully aware in fact mild in law of a to unseat an ineligible

candidate's disqualification so as t; bring such person from office
awareness within the realm of notori ty but would
nonetheless cast their votes in favor of the ineligible Any voter Only by a candidate who ,
candidate. (Pundao-daya v. COMELEC) G.R. 179313, has duly filed a COC to the
2009). same office and has beenl,
voted for
A candidate who was elected but was later disqualified for
failing to meet the residency requirement vya never a valid GROUNDS: GROUNDS:
candidate from the very beginning, and Wa merely a de Disloyalty Election fraud
Ineligibility Irregularities in the casting
facto officer. The eligible candidate wh arnered the
and counting of votes or in
highest number of votes must assume the. ice. The rule the preparation of the ER
on succession in the Local Goverrent de does not
apply. (Jalosjos v. COMELEC, G.R. 193 4, 2013; Ty- The respondent may be The protestee may be
Delgado v. HRET, G.R. 219603, 2016). unseated, but the unseated and the
petitioner may or may not protestant may be installed
Abandonment — A protestant who runs f nother be installed into the office into the office vacated.
office is deemed to have abandoned his Ko st. This is vacated.
especially true in a case where the protestan pending the
election protest, ran, won, assumed the pcs and
discharged the duties as such (Idulza v. C ELEC, G.R. PROSECUTION OF ELECTION OFFENSES
160130, 2004).
Election offenses are committed only as soon as campaign
QUO WARRANTO period starts. Any supposed premature campaigning
cannot be prosecuted before start of campaign period.
Requisites of Quo Warranto (VID 10):
1. Filed by any registered Voter in the co ituency; Some Prohibited Acts:
Grounds: 1. Vote-buying or vote-selling
a. Ineligibility 2. Wagering upon result of the election
b. Disloyalty to the Republic of the flhilippines (i.e. 3. Threats, intimidation, terrorism, use of fraudulent
having a green card) devise, forms of coercion
2. Within 10 days from proclamation of r sults 4. Appointment of new employee
• Except: when there is urgent need; Notice
General Rule: When proclaimed officer Clisqualified
given to COMELEC within 3 days from
by quo warranto, 2nd placer cannot be pro med winner. appointment, creation of new positions,
Exception: When the one who got the hi st votes has promotion or granting salary increase).
been disqualified and the electorate is ful y Ware of this 5. Carrying deadly weapon within radius of 100 meters
fact — but they still voted for him. from precinct
6. Transfer or detail of government official or employee
Execution pending appeal is allowed: mu e for urgent without COMELEC approval.24
reasons.
Allowable reasons: Any personnel action, when caused or made during the
1. Public interest involved election period, can be used for electioneering or to harass
2. Shortness of remaining term subordinates with different political persuasions. This
3. Length of time that the contest is p n possibility — of being used for electioneering purposes or
to harass subordinates — created by any movement of
Quo Warranto v. Election Protest personnel during the election period is precisely what the
QUO WARRANTO ELECTIOPI ROTEST transfer ban seeks to prevent. (Aquino v. COMELEC, G.R.
I 211789-90, 2015)
Strictly speaking, it is not a It is a contest b tween the
contest. It is a proceeding winning can4c1 te and the
defeated candi ate

24
Note: Not penalized if done to promqW efficiency in
government service.
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The prohibition on transfer or detail coy any movement
of personnel from one station to anothe , hether or not in
the same office or agency when made caused during
the election period, and includes reassi ent. (Aquino v.
COMELEC, G.R. 211789-90, 2015)
If the reassignment orders are issued r to the start of
the election period, they are autonja cally rendered
beyond the coverage of the prohibitio nd the issuing
official cannot be held liable for violatio o Section 26'1(h)
of BP 881. (Aquino v. COMELEC, G.R. 1789-90, 2015)
15. Receiving COC out of allowed Time and making it
appear it was filed on time; or coercing the officer to
perform this act
16. Interfering with Radio or TV broadcast of lawful pol tical
program
17. Soliciting votes on election Day
Under the present law, the COMELEC and other
prosecuting arms of the government, such as the DOJ,
now exercise concurrent jurisdiction in the investigation
and prosecution of election offenses (Arroyo v. Department
of Justice G.R199082, 2013).

Retention of duties and temporary disc a ge of additional Other Election Offenses Under R.A. No. 6646:
duties do not contemplate or involve nif movement of 1. Causing the printing of official ballots and election
personnel, whether under any of the v rious forms of returns by printing establishments not on contract with
personnel action enumerated under the la s governing the COMELEC and printing establishments which
civil service or otherwise. Hence, tihey not covered by undertakes unauthorized printing
the legal prohibition on transfers or ail. (Aquino V. 2. Tampering, increasing •or decreasing the votes
COMELEC, G.R. 211789-90, 207) received by a candidate or refusing after proper
verification and hearing to credit the correct votes or
Elements of Violation of Sec 2611(h) o e Omnibus deduct the tampered votes (committed by a -member
Election Code (Transfer of Officers an mployees in of the board of election inspectors)
the Civil Service): 3. Refusing to issue the certificate of voters to the duly
1. Fact of transfer or detail within electiorc period; accredited watchers (committed by a member of the
2. Transfer or detail made without r approval of BEI)
COMELEC. 4. Violating provisions against prohibited forms of
election propaganda
5. Failure to give notice of meetings to other members of
Full List of Election Offenses Under e 68 of the
the board, candidate or political party (committed by
OEC (D214R- VS3- P4MC; same grou di for
disqualification): the Chairman of the board of canvassers)
1. Vote-buying 6. A person who has been declared a nuisance candidate
2. Acts of Ierrorism or is otherwise disqualified who continues to
3. apending in excess of allowable limi misrepresent himself as a candidate and any ptiblic
4. aoliciting, receiving, or making Orohi ited contributions officer or private individual who knowingly induces or
5. Campaigning outside Eeriod abets such misrepresentation by commission or
6. Iamper with election propaganda omission.
7. Erohibited election propaganda 7. If the chairman of the BEI fails to affix his signature at
8. Coercing aubordinates to aid, camp n, or vote for a the back of the official ballot, in the presence of the
candidate voter, before delivering the ballot to the voter.
9. Using Ihreat, intimidation, terro , fraudulent,
Prescription of Election Offenses:
devises
10. Soliciting votes or electioneering d g registration 1. Election offenses prescribe after 5 years from the date
day and election day within Rol ing pl or within 30m of their commission.
radius 2. If the discovery of the offense is made in an election
11. Public official or employee who relea ,disburses, or contest proceeding, the period of prescription shall
expends Eublic funds 45 days bef election or 30 commence on the date which the judgment in such
days before special election proceedings becomes final and executory.
12. Political party holds political gonven i pS or meetings 1
to nominate official candidates ear than allowed ELECTION AUTOMATION LAW (R.A. NO. 8436 AS
AMENDED BY R.A. NO 9369)
period
13. gestroying or cancelling a COC wh has not been
THE AUTOMATED ELECTION SYSTEM (AES)
cancelled
14. Misleading BEI by submitting false or urious COC to A system using appropriate technology which has been
the detriment of a candidate demonstrated in the voting, counting, consolidafing,
canvassing, and transmission of election results, and other
electoral processes (Sec. 2, RA. 9369)
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Human readable instruction that defines what the

The Automated Election System in loIves ing, counting, computer equipment will do
consolidating, canvassing, and trans ion but not RANDOM MANUAL AUDIT
proclamation (Agra, Philippine Election L Where the AES is used, there shall be a random manual
audit in one precinct per congressional district randomly
ELECTRONIC TRANSMISSION v. ELE ONIC chosen' by the Commission in each province and city.
RETURNS
Any difference between the automated and manual count
• ELECTRONIC ELECTR41 C RETURNS
TRANMISSION will result in the determination of root cause and initiate a
manual count for those precincts affected by the computer
Conveying data in A document in electronic or procedural error. (Sec. 29, RA 9369)
electronic form from one and printe fm directly
location to another produced ounting or The COMELEC may conduct automated election even if
voting mac 1 e, showing there is no pilot testing (Information Technology
the: Foundation of the Philippines v. COMELEC, G.R. No.
• Date of e e ion 159139, January 13, 2004)
• The province,
municipa i and the The Voter Verification Paper Audit Trail (VVPAT)
precinct in which it is functionality is in the form of a printed receipt and a touch
held screen reflecting the votes in the vote-counting machine.
• Votes in g res for each
candidat a precinct The VVPAT ensures that the candidates selected by the
where AS s utilized voter in his or her ballot are the candidates voted upon and
recorded by the vote-counting machine.

PAPER-BASED ELECTION SYSTEM V.
RECORD ELECTION SYSTEM
PAPER-BASED
ELECTION SYSTEM
RECT The voter himself or herself verifies the accuracy of the
vote. In instances of Random Manual Audit and election
protests, the VVPAT becomes the best source of raw data
DIECO CORD for votes (Bagumbayan-VNP Movement, Inc. v.
ELECTRONK ELECTION
SYt M COMELEC, G.R. No. 222731, March 8, 2016)

A type of automated A type of auti ated end of topic

election system that uses election syste that uses
paper ballots, records and electronic ba 1• s records
counts votes, tabulates, votes by me n of a ballot
consolidates/canvasses display prom - • with
and transmits mechanical r - ectro-
electronically the results optical comp - nts that
of the vote count can be activ t- 8 by the
voter, proce+- data by
means of a col puter
program, recb s voting
data and ballpt mages,
and transmit voting results
electronicall

The Commission on Elections may use ei er a paper-

based or a direct recording electronic elect jo system as it
may deem appropriate and practical for t process of
voting, counting of votes and canvassin onsolidation
and transmittal of results of electoral exerc s

SOURCE CODE

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XI. LOCAL GOVERNM GENERAL PRINCIPLES

TOPIC OUTLINE UNDER THE SYLLABUS Corporation

A. Principles of local autonomy An artificial being created by .operation of law having the
B. Autonomous regions and their rel t"on to the right ;of succession, and the powers, attributes and
National Government properties expressly authorized by law or incident to its
C. Local Government Units existence.
1. Powers I
a. Police Power (Gener I We fa e Clause) ClasSes of Corporations according to Purpose
b. Eminent Domain
Public Corporations— one created by the state either by
c. Taxing Power
general or special act for purposes of administration of
d. Legislative Power
local government or rendering service in the public interest.
i. Requisites for Valid 0 d pance
It may either be a:
ii. Local Initiative and Re erlendum
Quasi Public Corporation
e. Ultra vires Acts
2. Liability Private Corporation— one established for private purpose,
3. Settlement of Boundary Disputes, benefit, aim or end
4. Vacancies and Succession
PUBLIC CORPORATIONS
5. Recall
6. Term Limits
1. CONCEPT

Publi6 Corporation
Juridical entities or agencies formed :or organized for ;the
government of a portion of the State.

Not all corporations, which are not government owned or

controlled, are ipso facto to be considered private
corporations as there exists another distinct class of
corporations or chartered institutions which are othervifise
known as "public corporations." These corporations are
treated :by law as agencies or instrumentalities of the
government which are not subject to the tests of ownership
or control and economic viability but to a different criteria
relating to their public .purposes/interests or constitutional
policies and objectives and their administrative relationShip
to the government or any of its departments or offices. As
presently constituted, the Boy Scouts of the Philippines is
a public corporation created by law for a public purpose,
attached to the DECS pursuant to its Charter and the
Administrative Code of 1987. It is not a private corporat on
which is required to be owned or controlled by the
government and be economically viable to justify its
existence under a special 'law. The economic viability test
would Only apply if the corporation is engaged in some
economic activity or business function for the government,
which is not the case for BSP. Therefore, being a public
corporation, the funds of;the BSP fall under the jurisdiction
of the Commission on Audit. (Boy Scouts of the Philippines
v. COA, G.R177131, 2011).

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Public v. Private v. Quasi-Public As a rule, the government and its attached agencies are
exempted from appeal bonds because it is presumed that
PUBLIC PRIVATE QU SI-PUBLIC
1 , the State is always solvent. This exemption however does
Created by the Private Cr aied by will of not apply to GOCCs. Thus, while a GOCC's majority
State through corporations that in oporators with stockholder, the State, will always be presumed solvent,
the Congress, are required by the Jecognition of the presumption does not necessarily extend to the GOC
the President law to render th 81t6te. itself. However, when a GOCC performs a governmental
or the public service or function there is the assurance that the government will
Judiciary supply wants necessarily fund its primary functions. Thus, a GOCC that
is sued in relation to its governmental functions may be,
under appropriate circumstances, exempted from the
(a) Distinguished from government-own
controlled organizations payment of appeal fees. In this case, BBC is a GOCC
Government-Owned or Controlled Orporations performing not a governmental function but a proprietary
(GOCC) - refer to any agency organized as stock or non- function which is to engage in commercial television
, broadcasting. As such, it is not exempted from appeal
stock corporation, vested with functions rid ting to public
needs whether governmental or proprieta n' nature and bonds (Banahaw Broadcasting Corporation v. Pacana,
owned directly by the government through its G.R. 171673, 2011).
instrumentalities.
Radio Philippines Network, Inc. (RPN) is not a GOCb.
GOCCs are owned by the Government di y or through Under the Administrative Code of 1987, a GOCC is that
its instrumentalities either wholly or, wher plicable as in which refers to any agency organized as a stock or non-
the case of stock corporations, to the exteri fat least fifty- stock corporation vested with functions relating to public
one (51) per cent of its capital stock. (Adnfry trative Code, needs whether governmental or proprietary in nature, and
Sec. 2, Par. 13). owned by the government directly or indirectly through its
instrumentalities either wholly, or where applicable as in
A GOCC created through a special chatr Must meet the case of stock corporations, to the extent of at least 51%
two conditions namely: of its capital stock. Although there is a controversy as to
1. it must be established for common g o , and the amount of shares transferred to the government,
2. it must meet the test of economic v aipility. (Section administrative agencies, such as the PCGG and Office of
16, Article XII, 1987 Constitution). the President agree, that RPN is not a GOCC. Considering
that the, construction of a statute given by administrative
May be further categorized by the DBM SC, and the agencies deserves respect, the uniform administrative •I
COA for purposes of the exercise nd diS arge of their constructions of the relevant aforementioned laws defining
respective powers and functions. what are GOCCs as applied to RPN is highly persuasive.
(Carandang v. Desierto, G.R. 148076, 2011).
They shall be attached to the appropriate d artment with
which they have allied functions or as may provided by The structure of the Philippine National Red Cross is sui
executive order. generis being neither strictly private nor public in nature.
(Liban, gt al. v. Gordon, G.R. 175352, 2011)
At least 1/3 of the members of the Bo r,ds of such
corporations should either be a Secretary, U dersecretary 2. CLASSIFICATIONS
or Assistant Secretary.
Quasi-Corporations
A local water district is a government-owned d controlled
corporation with special charter since it is c-e ted pursuant Quasi-corporations - Public corporations created by law
to a special law. PD 198 constitutes the spe al charter by as agencies of the State for a narrow and limited purpose.
virtue of which local water districts exist nlike private
and power Such quasi-corporations are described as bodies of
corporations that derive their legal existen
citizens who have no personal nor private interests to be
from the Corporation Code, water districts de ve their legal
subserved, but are simply required by the State to do some
existence and power from PD 198. (Felici o v. Gison,
public work. The State merely clothes one of its agencies
G.R. 165641, 2010).
or instrumentalities with such corporate powers. It is
neither a private corporation but a ciass of artificial entity.

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(J. Padilla Dissent, Fontanilla V. M man, G.R. L-
55963/61045, 1991).
Quasi-corporations are NOT the sam $ quasi-public
corporation
Quasi-corporations are NOT the sam s quasi-public
corporations. Quasi-corporations are c lied as public
corporations created by the Stat for ited purpose,
while quasi-public corporations are on e corporations
that render public service. Quasi-publi rporations, on
the other hand, is a private corporation ch obtained a
franchise to supply 'public needs. An e a pie of a quasi-
public corporation is PLDT.
Specie of Private Corporations
A quasi-public corporation •is a sp es of private
corporations, but the qualifying factor is th iype of service
the former renders to the public. If it Pe orms a public
service, then it becomes a quasi-p b C corporation.
(Philippine Society for the Prevention of any to Animals
v. COA, G.R. No. 169752 September 2 007).
Municipal Corporation
Municipal Corporation - public corporat established by
law partly as an agent of the State assist in civil
government but chiefly to regulate and a nister the local
affairs of the city, town or district which i corporated.
MUNICIPAL CORPORATI
Elements (LITC):
1. A Legal creation or incorporation;
2. A Corporate name by which the artifi personality or
legal entity is known in which all co orate acts are
done
3. Inhabitants constituting the poplilation
4. Territory II
Nature and Functions (SID)
1. Subordinate branch of the government of the state.
2. Instrumentality of the state administrati •n.
3. Exercises Delegated powers of govern ent
Dual Nature of Municipal Corporation
Public/Governmental: it acts as an agen f the State for
the government of the territory anc the i h ibitants within
the municipal limits. It exercises by deleg Ra part of the
sovereignty of the State. It includes the us! Of legislative,
executive and judicial powers.
Private/Proprietary: it acts in a simila tegory as a
business corporation performing funct or S I not strictly
governmental or political, those exercise or the special
Page 230 of 320 I
benefit ,and advantage of the community, it is in this
charcter that they are acting as a separate entity for their
own purposes and not as a subdivision of the State
Types of Municipal Corporations
Municipal corporation by Prescription — those that
exercised their powers from time immemorial without
objection from the government, that although no charter
exists, it is presumed-to have been duly incorporated and
had been lost or destroyed
When existence presumed
the community has claimed and exercised corporate
functions;
with legislature's -knowledge and acquiescence; and
withoUt Objection or interruption for a period long enough
to afford title by prescription
1. De Jure Municipal Corporation — those created or
recognized by operation of law
2. De.Facto Municipal Corporation —those where the
people have organized themselves under color of law,
into ordinary municipal bodies exercising their powers,
with their rights dependent quite as much as on
acquiescence as on the regularity of their origin
Requisites for creation, conversion, division, merger
or dissolution
Requisites of a municipal corporation by prescription
(CLAW)
1. COmmunity claimed and exercised corporate functiOns
2. With knowledge and Acquiescence of the Legislature
3. Without interruption or objection
4. For a period Long enough to afford it title by
prescription
Requisites of a de facto municipal corporation (GLAC)
1. Valid Law authorizing incorporation
2. Attempt in Good faith to organize under it
3. Colorable compliance with law
4. Assumption of corporate powers
Municipal corporation by estoppel
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 its exercise of its corporate
functions or entered into a contract with it.
In a de jure municipal corporation, it is its valid
incorporation that makes it impregnable to any attack,
direct or otherwise.
How validity attacked
ATENEO CENTRAL
BAR OPERATIONS 2019 POLITICAL LAW

The validity of the incorporation and corpoát, existence of

a municipal corporation may not be attack d collaterally. It Who participates in the plebiscite?
may only be challenged by the State in dire proceedings A plebiscite for creating a new province should include the
such as quo warranto, which has a prescripp, e period of 5 participation of the residents of the mother province in
years from the time the act complained of tw' s committed. order to conform to the constitutional requirement. (Tan v.
COMELEC, GR No. 73155, July 11, 1986)
Authority to create LGUs (Local Gov Ment Code,
sec. 6)
1. By law enacted by Congress When plebiscite Required
a. Province When an LGU is created, divided, merged, abolished, or
b. City its boundaries substantially altered [LGC, sec. 10]. This
c. Municipality includes:
d. Any other political subdivision Conversion (e.g. from a city to a highly urbanized city)
e. A barangay may also be creat by law (Local
[Sec. 453, LGC; see also Tobias v. Abalos, G.R. No.
Government Code, sec. 386)
2. By an ordinance passed by th angguniang 1147831(1994)]
Panlalawigan or Panlungsod - Applica for barangay Downgrading (e.g. from an independent component c ty
located within its territorial jurisdiction to a component city) [Miranda v. Aguirre, G.R. No. 133064
(1999), on the downgrading of Santiago, Isabe a]
Power of creation is legislative in natur
When Plebiscite not Required
The authority to create municipal C rations is
essentially legislative in nature. [Pelaez v. tor General, There is no need for any plebiscite in the creation,
G.R. No. L-23825 (1965)] dissolution or any other similar action on the following:
Legislative Districts: Legislative districts are not political
The enactment of a LGC is not a sine non for the subdivisions through which functions of the government
creation of a municipality, and before th actment of are carried out. [Bagabuyo v. COMELEC, G.R. No. 176970
such, the power remains plenary exce at creation (2008)] 1
should be approved in a plebiscite. [Torr Iv. Sibagat, Administrative Regions: Administrative regions are n'ot
G.R. No. L-59180 (1987)] territorial and political subdivisions. The power to create
and merge administrative regions is traditionally vested in
Plebiscite Requirement the President. Hence, the merger of provinces that did not
vote for inclusion in the ARMM into existing administrative
In accordance with criteria set by the LGC o province,
regions , does not require a plebiscite. [See Abbas v.
city, municipality or barangay may be ci .led, divided,
COMELEC, G.R. No. 89651 (1989)]
merged, abolished or its boundary subst ially altered,
except in accordance with the criteria esa I shed in the
LGC and subject to approval by a majority 4l e votes cast "Material change" as standard
in a plebiscite in the political units affe t d. (CONST. If the cipation, division, merger, abolition or substantial
ART.X, Sec.10) alteration of boundaries of an LGU will cause a materiel
change in the political and economic rights of a political
The plebiscite must be conducted by CQ ELEC within unit, the residents of such political unit should have the
120 days from the date of effectivity of the law or ordinance right to Participate in the required plebiscite. [Miranda v.
effecting such action, unless said law or ord nance fixes Aguirre (1999)]
another date. (LGC, Sec.10)
Hence, in the conversion of a component city to a highly
Plebiscite must be "in the pol tical u •t's directly urbanized , city, the residents of the province must
affected" participate The conversion of the city will, among others,
result in reduction in taxing jurisdiction and reduced
When the law states that the plebiscite shall e conducted
economic viability of the province. [Umali v. COMELEC,
"in the political units directly affected," it ans that the
G.R. No. 203974 (2014)1
residents of the political entity who would • conomically
dislocated by the separation of a portion tlie of have the
right to vote in said plebiscite. [Padilla v. C ELEC, G.R. But the inhabitants of a neighboring city (e.g. San Juan)
No. 103328 (1992)] are properly excluded from a plebiscite concerning the

Page 231 of 320

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conversion of a city (e.g. Mandaluy n ) to a highly Commences upon the election and qualification of its chief
urbanized city. [See Tobias v. Abalos (1 A executive and a majority of members of the Sanggunian,
unless some other time is fixed by the law or ordinance
Indicators for the creation or conver Of LOU (LIP) creating it.
1. Land Area
2. Income Dissolution of Municipal Corporations
3. Population Dissolved by a repeal of the charter
As a result of:
Considerations in the creation of I government 1. Annexation,
units 2. Merger,
3. Consolidation,
The central policy considerations in th eation of local
4. Division.
government units are economic ii ility, efficient
administration and capability to deliver sic services to Specific-Requirements
constituents. The criteria prescribed by ti LGC (income,
population, and land area) are all designed to accomplish Income Population Land Area
these results. The primordial cons deratio in the creation
of local government units, particularlY a province is Average Total Generally,
annual number of must be1
economic viability. (Navarro v. Elta, OR. 480050, 2011).
income for inhabitants contiguous
the last 2 within
The creation, division, merger, abolition1 or substantial consecutive LGU's
alteration of boundaries of LGU should b ' approved by a years territory
majority of the votes cast in a plebiscffei ilcalled for the
purpose in the political unit or units direc lyr affected. Compliance Department NSO Land 1
attested by ofFinance Management
1 .Bureaul
'Boundaries'
"Boundaries" in Sec 10, Art X is NOT limi to the physical Province P2OM 250,000 2,000 sq.km
I (1991
metes and bounds of the LGU, but al to its political
boundaries. In one case, a city was cony into an HUC Prices)
which resulted in material changes in t economic and Highly P5OM 200,000 100 sq.km.
political rights of the people and LGUs, t u the plebiscite Urbanized (1991
requirement under Sec 10, Art X 4tould apply. The entire City Prices)
province stands to be directly affected y pile conversion
Component P100M 150,000 100 sq.km.
hence should be included in the pie Cite. 1 , (Naval v. City (2000
COMELEC, 2014)
prices)
Division and Merger of LGUs Municipality P2.5M 25,000 50 sq.km.
Division shall not reduce the income, pop tion, land area (1991
of the LGU to less than the minimu requirement prices)
prescribed. Income classification should ti fall below the
current income classification prior to 'vision (Local Barangay No 2,000 or No
1 requirement 5,000 if requirement
Government Code, sec. 8)
Metro except for
Manila or contiguity
Abolition of LOU HUCSs
When income, population, or land area re irreversibly
reduced to less than the minimum s anda d prescribed for
creation as certified by the nation I ager S concerned.
The law or ordinance abolishing LOU I specify the
province, city, municipality or barangay wihvhich the LGU
sought to be abolished will be in orpor d or merged.
(Local Government Code, sec. 9)

Corporate existence of a municipal co poration

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Which requirement must be satisfied? No. The principle of local autonomy under the Constitut on
simply means 'decentralization'. It does not make the local
Province or City 1. Income and
government sovereign within a State or an imperium in
2. Either population or I;1I1 nd area
imperio. (Basco v. PAGCOR, GR No 91649, May14, 1991)
Municipality 1. Income
2. Population and Devolution - it refers to the act by which the national
3. Land area government confers power upon the various LGUs to
perform specific functions. It is mandatory under the LGC.
Barangay 1. Population and
2. Territorial Contiguiy
Decentralization - it is the devolution of national
administration, not power, to the local levels, in which local
A. PRINCIPLES OF LOCAL AUT OMY officials remain accountable to the central government in
the manner the law may provide.
Section 2, Art. X of the Constitution pro s that LGUS
"shall enjoy local autonomy." This is de iralization of
administration and not decentralization of er. (Limbona DECENTRA-
DEVOLUTION
v. Conte Mange/in, G.R. 80391, 1989) LIZATION
Political Administrative
Declaration of Policy Both are
decentrali- decentralize-
decentralize-tion
The territorial and political subdivisions o eiState shall zationl tion
enjoy genuine and meaningful local auto y to enable Transfer of
them to attain their fullest developmen s , self-reliant personnel, Both involve
communities and make them more effectiv artners in the funds/asset, transfer from Transfer of
attainment of national goals. delivery of basic national powers/
The State shall provide for a more onsive and services, government to functions only
accountable local government structure inst uted through regulatory LGU
a system of decentralization whereby lo government powers
units shall be given more pow , authority, Recipients of
responsibilities, and resources. Both have its
powers: field
Recipients of source of power
The State shall ensure the account ity of local offices/regionai
powers: LGU from the national
government units through the instituti Of effective 1 offices of the
1 government
mechanisms of recall, initiative and riefere IrL same agencies
All national agencies are required to c bt periodic Powers are No enumeration
consultations with the appropriate LGUs, Op, people's specific; LGC There must be a of powers
organizations and other concerned sect before any enumeration is law for both needed in the
project or program is implemented in respective exclusive LGC
jurisdictions. [Sec. 2, LGC]
LGU cannot
assume a
Local government unit - a political subdiviSi n constituted
national President or
by law and possessed of substantial contro over its own government department
affairs. Both have a
power not given itself
deadline for
to it. ItImay only determines
Local autonomy - can be considered a measure of effectivity— 6
do so when
]. what powers
months
decentralization of the functions of gove ment. This power is will be
means that local governments have certa'n ovvers given delegated delegated
by the Constitution which may not be cu iled by the (devolVed
national government, beyond these, local overnments power)
may not enact ordinances contrary tO the statute.
(BERNAS)

Does local autonomy make the loca government

sovereign within a State?

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Limitation on LGU's local autonomy action or step as judgment of the latter for
ThePresident shall exercise general sup Ion over local prescribed by law to make that of the former.
governments them perform their duties
Even as the Constitution guarantees a lorny to local
Supervising officials
government units, the exercise ofli local tonomy is still merely see to it that the
subject to the power of control b Con s. (Dadole v Officers in control lay down rules are followed, but they
COA, GR No 125350, December 3, 2002 the rules in the themselves do not lay
performance or down such rules, nor do
Levels of Decentralization or Kinds of Autonomy accomplishment of an act. they have the discretion to
1. Administrative Autonomy or De antralization of If these rules are not modify or replace them. If
Administration- the central govern ent delegates followed, they may, in their the rules are not observed,
administrative powers to the political sub i sions. discretion, order the act they may order the work
Purposes for delegation: (BD-MNR) undone or redone by their done or redone, but only to
1. To groaden the local power'base subordinates or even conform to such rules.
2. To make the units more Responsive ni accountable decide to do it themselves. They may not prescribe
3. To ensure the full 12evelopment of ' GUs into self- their own manner of
reliant communities execution of the act
4. To break the Monopoly of the nati I government
over managing local affairs Supervisory power of National Gov't over LGU
5. To relieve the National government om the burden
of managing local affairs National government agencies exercise only supervisory
powers over LGUs. The power of review is part of
2. Political autonomy or Decentralizatio of Power superv'sion; if there is no enabling law, no such power of
involves the abdication of political power in avor of LGUs review will be granted to national government agencies.
declared-to be autonomous.
It would amount to self-immolation because the Scope of Power of Supervision
autonomous government would becom accountable The power of supervision carries with it the power to
to its constituency, not to the central ernment. investigate and discipline to see to it that laws are
effectively carried out.
3. Deconcentration — it is the transfer of wer, authority
or responsibility , or the discretion to pl decide, and
manage from central point or local level t within the President's power over LGUs
central or national government itself. T attire of the The President has only the power of supervision over
transfer is administrative and the approac sectoral. LGUs. He cannot interfere with,the local governments as
long as they act within the scope of their authority.
4. Debureaucratization — it is the transf some public
functions and responsibilities , which the eMment may The President exercises direct supervision over provinces,
perform, to private entities or NG0s, lt is people's highly urbanized cities and independent component cities.
empowerment or participation in loc governance. He exercises indirect supervision over component cities
and municipalities through the provinces. He also
Supervision v. Control exercises indirect supervision over barangays through the
1 , city or municipality concerned.
SUPERVISION CONTROL
,
Power of an ,OfiCer to alter,
modify, nullify or set aside Autonomous regions — created by an organic act and
The overseeing the
er erorto what a sub edipate officer through voting in a plebiscite. Currently the 1987 Philippine
pow of an offic see Constitution allows for 2 autonomous regions. The
has don t 1 in the
that the subordinate
performanc , fl his duties President has general supervision over autonomous
officers perform their
and to u, gtitute the regions
duties.
judgment of 1 a former for
that of the I ttr 1
If subordinate fails, If subor i ate fails,
superior may take such superior ma . iibstitute the

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Powers retained by the National Govern ent:

coordination and delivery of
1. National defense and security
2. Foreign relations basic, regular and direct
3. Monetary affairs services and effective
governance of inhabitants within
Power to create provinces and cities its territorial jurisdiction
Ordinary statute cannot amend an Organic act: It must be Barangay the basic political unit which
by plebiscite. (Pandi v. CA, G.R. 116850 2002). Only serves as primary planning and
Congress can create provinces and ci es, because implementing unit of
creation of such will lead to creation of le tive districts government policies, plans,
too. The ARMM Regional Assembly c nnot create programs, projects and activities
provinces and cities (Sema v C G.R. in a community.
177597/178628, 2008).
Autonomous it consists of provinces, cities,
Salient Features of the LGC of 1991 Region municipalities and geographical
There is devolution of certain nationa ovemmental areas sharing common and
powers to LGU, such as: distinctive historical and
Public Works cultural heritage, economic
Social welfare and social structures, and
Construction of school buildings and facilities other relevant characteristics
within the framework of the
Health
Constitution and the nationa
Agriculture and
sovereignty as well as the
Tourism Functions territorial integrity of the
Increase in national tax share for LGUs fr 1% to 40% Philippines.
starting 1994
Increase in tax power Special Metropolitan Congress may, by law, create
Political Subdivision special metropolitan political
Territorial and Political Subdivisions Enpving Local subdivisions subject to a
Autonomy plebiscite. The component cities
1 and municipalities shall retain
Province it is a clust4 of municipalities or their basic autonomy and shal
municipaliti s an component be entitled to their own loca
cities, and as al political and executives and legislative
corporate unit o government, assemblies. The jurisdiction of
serves as dynam q mechanism the metropolitan authority will
for development pr esses and hereby be created shall be
effective governan 6 'of LGU's limited to basic services
within its territorial j I. sdiction requiring coordination.
City it is composerll of more
urbanized and developed B. AUTONOMOUS REGIONS AND THEIR RELATION
barangays, serve a a general TO THE NATIONAL GOVERNMENT
purpose govern ent for
coordination and elivery of 1987 Constitution:
basic, regular a d direct (Section 15) The autonomous regions provided by the
services and effective Constitution are:
governance of inh bl ants within a. Autonomous regions in Muslim Mindanao
r
its territorial jurisdi-t n b. Autonomous regions in the Cordilleras

Municipality consists of a grou o barangays Autonomous regions consist of provinces, cities,

and serves prir ly' as a municipalities, and geographical areas sharing:
general purpose v1 rnment for a. common and- distinctive historical and cultural
heritage,
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. economic and social structu and
c. other relevant characteristic
(Section 16) The President shall rcise general
supervision over autonomous regions to sure that laws
are faithfully executed.
(Section 18) An organic act shall be é acted for each
autonomous region with the assistance aid participation of
the regional consultative commissioI composed of
representatives appointed by the Preside t from a list of
nominees from multi-sectoral bodies.
This would define the basic structure of g rnment for the
region, and special courts with person I 1 family, and
property law jurisdiction consisten with t. e provisions of
this Constitution and national laws.
To create an autonomous region, a ri ority of the
votes cast by the constituent units in a p ebiscite
called for the purpose is required. Orly those
provinces, cities, and geographic are s voting
favorably in such plebiscite shall be i duded in the
autonomous region.
(Section -20) The organic act of autonom regions shall
provide for legislative powers over:
•(1) Administrative organization
(2) Creation of sources of revenues;
(3) Ancestral domain and natural res ii ces;
(4) Personal, family, and property relat ns;
(5) Regional urban and rural planning d velopment;
(6) Economic, social, and tourism deve pment;
(7) Educational policies;
(8) Preservation and development the cultural
heritage; and
(9) Such other matters as may be aut O ied by law for
the promotion of the general welfare c the people of
the region.
Section 21. The preservation of peace an rder within the
regions shall be the responsibility of local police
agencies which shall be organiz maintained,
supervised, and utilized in accordance ith applicable
laws.
RA 11054: Organic Law for the Bangs ro
Autonomous Region in Muslim Mindaija
a. Bangsamoro People, defined: Thu e who, at the
advent of the Spanish col ation, were
considered natives or original ' habitants of
Mindanao and the Sulu archipe ago and its
adjacent islands, whether of mixeji r of full blood,
shall have the right to identify tti m, selves, their
spouses and descendants, as Ban amoro.
b. The present geographical area k own as the
Autonomous Region in Muslim Minth nao
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POLITICAL LAW
Section 3, Article V: General Welfare Clause:
Section 3. The Bangsamoro Government shall
exercise the powers expressly granted, tiose
necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient
and effective governance and those which are
essential to the promotion of general welfare.
Within its territorial jurisdiction, the Bangsamoro
Government shall ensure and support, among
other things, the preservation and enrichment of
culture, promote health and safety, enhance the
right of the people to a balanced ecology,
encourage and support the development of
appropriate and self-reliant scientific and
technological capabilities, improve public morals,
enhance economic prosperity and social justice,
promote full employment among its residents,
maintain peace and order, and preserve the
comfort and convenience of its inhabitants.
d. The President may suspend the Chief Minister for
a period not exceeding six (6) months for willful
violation of the Constitution, national laws, .or this
Organic Law.
e. This created the National Government-
Bangsamoro Government Intergovernmental
Relations Body, hereinafter referred to as
"Intergovernmental Relations Body," to coordinate
and resolve issues on intergovernmental relations
through regular consultation and continuing
negotiation in a non-adversarial manner.
f. Unresolved issues shall be elevated to the
President, through the Chief Minister.
g. The National Government and the Bangsamoro
Government shall each appoint representatives to
the Intergovernmental Relations Body. The
I Intergovernmental Relations Body shall be
supported by a joint secretariat.
h. Bangsamoro Participation in National
Government.— As far as practicable, the
Bangsamoro Government shall be represented in
, the departments, offices, commissions, agencies
and bureaus of the National Government that
, implement and enforce policies, programs, and
projects of the National Government in the
Bangsamoro Autonomous Region.
i. The defense and security of the Bangsamoro
Autonomous Region shall be the responsibility of
the National Government.
This act also provides for an Annual Block Grant.
The National Government shall provide an annual
'block grant which shall be the share of the
Bangsamoro Government in the national internal
revenue tax collections of the Bureau of Internal
Revenue and collections of the Bureau of
Customs. The amount shall be sufficient for the
exercise of the powers and functions of the
Bangsamoro Government under this Organic Law
and in no case shall be less than the last budget
ATENEO CENTRAL
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received by the Autonomous Ft gion in Muslim
Mindanao immediately before the 1000blishment of
the Bangsamoro Autonomous Region.
1. POWERS OF LOCAL GOVERNMENT UNITS
Sources of the powers of LGUs:
1. Constitution
2. Statute
3. Those applicable to all municipal corp rations
,
or to the
class to which it belongs
4. Special acts of the legislature
5. Charter
Four Categories of Powers Exercised y LGUs:
1. Powers expressly granted
2. Powers necessarily implied therefrom
3. Powers necessary, appropriate, or incid ntal for efficient
and effective governance
4. Powers essential to the promotion of th general
welfare [Sec. 16, LGC]
r 3. It ust not be unduly oppressive upon individuals.
Within their respective territorial juris tions, LGUs
shall ensure and support:
(a) Preservation and enrichment of cultur
, ir
(b) Promotion of health and safety
(c) Enhancement of the right of the peop , 11 a balanced
ecology
(d) Development of self-reliant scientific a d technological
capabilities
(e) Improvement of public morals
(f) Enhancement of economic prospe it and social
justice
(g) Promotion of full employment among eeidents
1H
(h) Maintenance of peace and order
(i) Preservation of the comfort and con venience of its
inhabitants [Sec. 16, LGC]
Two Branches of General Welfare Claule
General legislative power — Author Zels municipal
councils to enact ordinances and make regulations not
repugnant to law and may be necessary to carry into effect
and discharge the powers and duties conf red upon it by
law
Police power proper — Authorizes the municipality to
r
enact ordinances as may be proper and n cessary for the
health and safety, prosperity, morals, pea e,I,good order,
comfort and convenience of the muni ipality and its
inhabitant, and for the protectiol of ;their property
[Fernando v. St. Scholastica's College, G R No. 161107
(2013)1
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POLITICAL LAW
a. Poll e Power (General Welfare Clause)
Police ower is not inherent in municipal corporations.
Under he LGC, LGUs exercise police power under the
genera welfare clause; it refers to the power of regulation.
Requis tes for valid exercise of police power
1. La ul subject: public interest requires interference.
2. La ul means: means is necessary to accomplish
th purpose and not unduly oppressive upon
ins ividuals.
Gener. Welfare Clause — it is the statutory delegation of
police ower of the state to LGUs. (Local Government
Code, . 16).
Test to Determine Validity of Exercise Police Power
1. Th subject matter of the law must be lawful, which
me ns that public interest, as distinguished from those
of a particular interest, requires the interference of the
Sta e;
2. The means employed to attain the purpose of the law
mu t be reasonably necessary;
(N v. Philippine Veterans Bank, G.R. Nos. 84132-
33, lecember 10, 1990).
Branch s of the General Welfare Clause:
Ge eral legislative power — authority to enact
ordi ances and regulations as may be necessary to
ca into effect and discharge the powers and duties
con rred upon the municipal council by law.
Poll e power proper — authority to enact ordinances
as e necessary and proper to provide for the health
and safety, promote prosperity, improve mora s,
pea e, good order etc.
Limitati n: (DETEC)
1. Ex ress grant by law
2. Ter itoriality, meaning power is exercisable only
wit in territorial limits of the local government unit,
exc pt for protection of water supply. (Rodriguez, The
Lo I Government Code of 1991Annotated, 9, 2003).
3. Do snot contravene the Equal protection clause
4. Do s not contravene Due process
5. Mu t not be Contrary to law
Tests u ed to determine validity of the exercise of
Police p wer
To invok the exercise of police power as the rationale for
the enactment of an ordinance and to free it from the
imputatiin of constitutional infirmity, two tests have been
used:
(1) the ational relationship test— there must be a
concurrence of a lawful subject and lawful method.
(2) the strict scrutiny test. Under the strict scrutiny test, the
focus is on the presence of compelling, rather thaln
ATENEO CENTRAL
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substantial governmental interest and on the absence
of less restrictive means for achle frig that interest.
(Fernando v. St. Scholastica'S College,!G.R. 161107,
2013). 1 '
An ordinance extending burial arista ce of P500 to a
bereaved family whose gross income dOs not exceed
P2,000 a month, has been upheld by the as a valid
exercise of police power. (Binay v. Dorm go, G:R. 92389,
1991).
Ordinances regulating waste r4noval carry a strong
presumption of validity. Necessarily, LG s are statutorily
sanctioned to impose and collect such reasonable fees
and charges for services rendered. (F rrer v. Bautista,
G.R. 210551, 2015).
LGUs can also substantiate its defens of the power to
regulate businesses within its territorial ju *sdiction. (City of
Iloilo v. Judge Honrado, G.R. 160399, 2 15)-
For local government infrastructure proje ts, Regional Trial
Courts may issue provisional injunctiv reliefs against
government infrastructure projects lonly hen:
1. there are compelling and stibstan ial Iconstitutional
violations;
2. there clearly exists a right in esse;
3. there is a need to prevent grave and irreparable
injuries;
4. there is a demonstrable urgency t the issuance of
the injunctive relief; and
5. when there are public interest at st ke in restraining
or enjoining the project while the acti Os pending that
far outweighs
a. the inconvenience or costs to the party to
whom the project is awarded and
b. the public benefits that will result from the
completion of the project. Th time periods for
the validity of temporary rtstraining orders
issued by trial courts sh uld be strictly
followed. No preliminary injunction should
issue unless the evidence to support the
injunctive relief is clear nd convincing.
(Dynamic Builders and Cons *lion Co., Inc.
v. Presbitero, G.R. 174201, 015)
1
A municipality is a real pa -in-in erest and an
indispensable party that stands to be directly affected by
any judicial resolution on the case assailing the 'validity of
the loan, considering that: (a) the contracting parties to the
loans are the bank and the municipal ty and (b) the
municipality owns the public plaza as well as the
improvements constructed thereon, and must therefore be
impleaded in the case. (Land Bank v. çacayuran, G.R.
191667, 2015).
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POLITICAL LAW
Liabilit es arising from construction contracts of LGUs do
not pa ake of loans or forbearance of money but are in the
nature of contracts of service. Hence, the rate of legal
intere imposable on the liability to pay for the service is
6% pe annum. (WT Construction, Inc. v. The Province of
Cebu, .R. 208984, 2015)
A per on is the real party-in-interest to assail the
constit tionality and legality of the ordinances because he
is a re istered co-owner of a residential property in the city
and th t he paid property tax which already included the
SHT a d the garbage fee. He has substantial right to Seek
a refu d of the payments h,e made and to stop future
imposi ion. While he is a lone petitioner, his cause of action
to de Pare the validity of the subject ordinanceS is
substa tial and of paramount interest to similarly situated
prope owners in the city. (Ferrer v. Bautista, G.R.
21055 , 2015)
The rangay Assembly cannot exercise any police
power. Under Section 398 of the LGC, it can only
recom end to the Sangguniang Barangay the adoption of
measu es for the welfare of the barangay and decide on
the ad a ption of an initiative.
Also, e Liga ng mga Barangay cannot exercise legislative
power .'It is not a local government unit and its primary
purpos is to determine representation of the liga in the
sangg nians, to ventilate, articulate and crystallize issues
affecti barangay government administration, and to
secure olutions for them through proper and legal means.
(Onon . Fernandez, G.R. No. 139813, 2001)
b. Emi ent Domain
Requi ites: (POJOC)
1. E propriation should be for a Public use or purpose
or or the welfare of the poor or landless.
2. 0 sinance authorizing the local chief executive to
su ject a certain property to expropriation
3. P yment of Just compensation
4. V lid and definite Offer to pay which was not
ac pted.
5. E cised by the LGU through its Chief executive.
Jurisdi tion
An ex ropriation suit falls under the jurisdiction of the
RTCs. The subject of an expropriation suit is the
govern ent's exercise of eminent domain, a matter that is
incapa le of pecuniary estimation. [Barangay San Roque
v. Heir of Pastor, G.R. No. 138896 (2000)]
Just C mpensation
 ATENEO CENTRAL
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• The determination of "just comensation" in eminent
domain cases is a judicial function. Hence, a statutory
provision on a fixed formula in tile computation of just
compensation in cases of acquisition Of easements of
right of way is not binding upon the Court. [National
Power Corp. v. Ileto, G.R. No. 169957 2012)]
1 joint ve ture agreements, and negotiated purchase) have
• Just compensation is determined as of the time of actual
taking [Sec. 19, LGC]
Requisites for the Immediate Entry by the'LGU
Filing of the complaint for expropri tion sufficient in form
and substance; and
Deposit of an amount equivalent to 15% of the fair market
value of the property to be expropriated based on the
current tax declaration [Sec. 19, LGC]
When LGU may take possession of propei,ty
The LGU may immediately take possession ?f the property
upon the filing of the expropriation ?roceechngs and upon
making a deposit with the proper court oft at least 15% of
the fair market value of the property based on the current
tax declaration of the property to be ex ropriated. Upon
compliance with these requirements the i since of a writ
of possession becomes ministerial. (Iloilo City v. Legaspi,
G.R. 154614, 2004).
Amount to be Paid for Expropriation
1 3(q)]
The amount to be paid for the expropriat d property shall
be determined by the proper couh, based on the fair
market value at the time of the taking of thlr property.
The determination of just compensatioln I's a judicial
function and any valuation for just compen ation laid down
in the statutes may serve only as a guiding principle. It may
not substitute the court's own judgment as to what amount
should be awarded and how to arrive at such amount.
(Hon. Vergara, in his capacity as City Mayor of
Cabanatuan City v. Grecia, G.R. 185638, 2016).
Which lands to expropriate
Private lands rank last in the order of priorly for purposes
of socialized housing. In the same veiIf, expropriation
proceedings are to be resorted to only after the other
modes of acquisition have been exhausted. 'Compliance
with these conditions is mandatory becauSe these are the
only safeguards of oftentimes helpless o nei-s of private
property against violation of due proc ss , when their
property is forcibly taken from them for pu lic use.
, national vernment is not required of local governments
Rule on Socialized housing
Page 239 of 320
POLITICAL LAW
Under the Urban Development and Housing Act,
exprop iation by an LGU for purposes of urban iand reform
and ho sing shall occur only as a last resort. It must be
shown by the LGU that other methods of acquisition
(comm nity mortgage, land swapping, land assembly' or
consoli ation, land banking, donation to the Government,
been e hausted [Sec. 10].
If all e other methods have been exhausted and
exprop 'ation to continue, the LGU shall acquire lands for
socializ d housing in the following order:
Gover rnent lands
Alienab e lands of the public domain
Unregi ered or abandoned and idle lands
Lands 'thin Areas for Priority Development
Unacq red BLISS sites
Private ands [Sec. 9]
Furthe ore, lands of small-property owners are exempt
from e propriation for purposes of socialized housing.
"Small- roperty owners" are defined by two elements:
They re owners of real property which consists of
residen at lands with an area of not more than 300 sq.
meters n highly urbanized cities, and 800 sq. meters in
_ other ur an cities; and
They d not own real property other than the same. [Sec.
Retumi g the Property
When p Ovate land is expropriated for a particular pub ic
use an that purpose is abandoned, there is no "implied
contrac that the properties will be used only for the public
purpose for which they were acquired. Property is to be
retume i only when it is expropriated with the condition that
when s id purpose is ended or abandoned, the former
owner r acquires the property so expropriated, and not
when th expropriation decree gives to the entity a fee
simple hich makes the land the expropriator the absolute
owner f the property. [Air Transportation Office v.
Gopuco, G.R. No. 158563 (2005)]
Role o supervising LGU - It can only declare the
ordinan e invalid on the sole ground that it is beyond the
power o the lower LGU to issue. Hence, it cannot declare
the ordi ance invalid on the ground that it is unnecessary.
Role of national government - The approval of the
to exerci e the power of eminent domain.
 ATENEO CENTRAL
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Role of judiciary - It can inquire into the legality of the Taxes, fees, and charges which accrue exclusively for their
exercise of the right and determine whether there was a use a d eisposition
genuine necessity. Just share in national taxes which shall be automatically
and directly released to them
Procedure for expropriation Equitable share in the proceeds from utilization and
NATIONAL development of national wealth and resources within their
LGUs territorial jurisdiction [Sec. 18, L.:Gc]
GOVERNMENT
,
1. The filing of a 1. he filing of a LGUs may create their own sources of revenue
complaint for expropriation complai t L for
sufficient in form and exPropri tion sufficient in All LGUs are empowered to create their own sources of
substance; and form an sUbstance; and reven e and to levy taxes, fees, and charges subject to the
provis ons on local taxation consistent with,the basic policy
1
2. The deposit of the 2. he1 making of a of !Mel autonomy. The Sanggunian concerned through an
amount equivalent to 15% of deposit quivalent to the ordinance has the power to impose a tax, fee, or charge.
the fair market value of the assessed value of the The procedural requirements of public hearing and
property to be expropriated property subject to publication must be observed for purposes 'of compliance
based on its current tax expropri t on. with the requirements of due process. (Local Government
declaration (Iloilo v. Legaspi, Code, Sec. 18)
G.R. 154614, 2004). See: Rul S of Court, Rule
67 h'dL Robem
Powers to generate and apply resources
See: Local Government Develop ent Corporation
1. T3 establish an organization that shall be responsible
Code, sec. 19 v. Quitar G.R. 135042
for the efficient and effective implementation of their
1999
development plans, program objectives, and
priorities.
c. Taxing Power 2. To create their own sources of revenues and to levy
taxes, fees, and charges which shall accrue
Each local government unit shall have t e ilDower to create exclusively for their use and disposition and which
its own sources of revenues and Io levytaxes, fees, and shaft be retained by them.
charges subject to such guidelines and l nnitations as the 3. To have a just share in national taxes which shall be
Congress may provide, consistent with theI basic policy of automatically and directly released to them without
local autonomy. Such taxes, fees, and charges shall need for any further action.
accrue exclusively to the loca governments. (1987 4. To have an equitable share in the proceeds from the
utilization and development of the national wealth and
Constitution, Art. X, Sec. 5)
resources within their respective territorial
julsdictions including sharing the same with the
Principles of Taxation in naloitants by way of direct benefits.
Taxation shall be uniform; 5. To cquire, develop, lease, encumber, alienate, or
Taxes, fees, and charges: otierwise dispose of real or personal property held by
them in their proprietary capacity and to apply their
(a) Shall be equitable and b sed as far as
resources and assets for productive, developmental,
practicable on the taxpayer's ail ty to pay; or welfare purposes, in the exercise or furtherance of
(b) Shall be levied and collected only for a public th3ir governmental or proprietary powers and
purpose; functions and thereby ensure their development into
(c) Shall not be unjust, excessiv oppressive, or self-reliant communities and active participants in the
confiscatory; and attainment of national goals.
(d) Shall not be contrary to public policy,
national economic policy or in restraint of trade;
Collection shall in no case be left to any private person;
Revenue shall inure solely to the ben 'fit of the levying
LGU, unless otherwise specified; and
Each LGU shall, as far as practicable, ev lye e progressive
system of taxation [Sec. 130, LGC]

Sources of LGU Funds

Page 240 of 320
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Requisites of a Tax Ordinance
1. Notice
2. Actual conduct of public hearing
When to file appeal to question validity and legality of
tax ordinance
The law requires that a dissatisfied taxpayer who questions
the validity or legality of a tax ordinance mUst file its appeal
to the Secretary of Justice within 30 day from effectivity
thereof. In case the Secretary decides the appeal, a period
of 30 days is allowed for an aggrieved pariy to go to Court.
But if the Secretary does not act after the Irse of 30 days,
a party could already proceed to seek relief in Court.
(Reyes at al v. CA, G.R. 118233; Sec. 187, 1991 LGC)
Fiscal Autonomy
means that local government unith hay the power to
create their own sources of revenue in ddition to their
equitable share in the tax collection r leased by the
government and the power to allocat resources in
accordance with their own priorities (Pirn ntel v. Aguirre,
G.R. 132988, 2000).
Nature of Fiscal Autonomy
Under existing laws, LGUs enjoy not onli administrative
autonomy, but also local fiscal autonomy.
a. This means that LGUs have the power to create their
own sources of revenue in addition tq their equitable
share in the national taxes released by the national
government, as well as the power t allocate their
resources in accordance with their ow priorities.
b. It extends to the preparation of their bu gets, and local
officials in turn have to work within the constraints
thereof. They are not formulated at th national level
and imposed on local governments, w ether they are
relevant to local needs and resources cfr not. [Pimentel
v. Aguirre (2000)]
The COA is endowed with enough latitude to determine,
prevent, and disallow irregular, unnecesary, excessive,
extravagant, or unconscionable expenditures of
government funds. The Court had therefore previously
upheld the authority of COA to disap rove payments which
it finds excessive and disadvantageotis to the government;
to determine the meaning of "public bidd ng;" and when
thAre is failure in the bidding, to disallow expenditures
which it finds unnecessary according to i s rUles even if
disallowance will mean discontinuance o foreign aid; to
disallow a contract even after it has bee ),eXecuted and
.1 1 !
goods have been delivered. Thus, LGUs, hough granted
local fiscal autonomy, are still within the Ia eit jurisdiction
of the COA. It is only when the COA has cted without or
Page 241 of 320
POLITICAL LAW
in exce of jurisdiction, or with grave abuse of discretion
amount ng to lack or excess of jurisdiction, that this Court
entertai sIa petition questioning its rulings (Veloso v. COA,
G.R. 19 677, 2011).
The ab ence of the public in the public bidding impels the
City Tr asurer to purchase the property in behalf of the
city. Re son would therefore dictate that this purchase by
the City is the very forfeiture mandated by the law. The
contem lated "forfeiture" in the provision points to the
situatio where the local government ipso facto "forfeits"
the pro erty for want of a bidder (The City of Davao v.
Intestat Estate of Amado S. Dalisay, G.R. 207791, 2015).
Internal Revenue Allotment (IRA) share of LGUs
The cu nt sharing is 40% local, 60% national. The share
of LGU cannot be reduced, except if there is an
unmana eable public sector deficit. The Congress can
neither I pose a limitation on the manner in which IRA is
release for the Constitution provides for automatic
release. (Local Government Code, secs. 284 & 285).
General Rule: LGUs shall have a 40% share in the
national internal revenue taxes based on the collection of
the third scal year preceding the current fiscal year. [Sec.
284(c), GC]
Excepti n:
When the n i ational government incurs an unmanageable
public sector deficit, the President authorized to reduce the
allotment to 30%. [Sec. 284, par. 2, Lcc].
Requisiles for Exception:
1. Unmanageable public sector deficit;
2. Recommendation of the Secretaries of (a) Finance, (b)
Internal and Local Gov't, and (c) Budget and
Management; and
3. Consultation with (a) heads of both houses of
Congress, and (b) presidents of the liga. [Sec. 284, par.
2, LGC]
Automatic Release
The share of each LGU shall be released, without need Of
any furtherliaction, directly to the respective treasurer on la
quarterly basis within five (5) days after the end of each
quarter, and which shall not be subject to any lien or
holdback that may be imposed by the national government
for whatever purpose. [Sec. 286(a), LGC]
Can B1R determine applicability of local ordinances?
The BIR has no authority to determine the applicability of
local ord nances. Besides, even the Bureau itself states
 ATENEO CENTRAL
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that the exemption shall not apply if th sand and gravel
were to be disposed of commercially. Am exemption from
the requirements of the provincial goverrment should have
a clear basis, whether in law, ordinance or even from the
contract itself. (Lepanto Consolidated Mining Company v.
Ambanloc, G.R. 180639, 2010).
Nature of LGUs power to tax
i set fo hiunder the law. (Film Development Council of the
LGUs have no inherent power to ax ecept to the extent
that such power might be delegated to them either by the
basic law or by the statute. Under the 987 Constitution,
where there is neither a grant nor a prohibition by statute,
thelax power must be deemed to exist a though Congress
1 1.1
may provide statutory!limitations and gui dines. The basic
rationale for the current rule is to safegua dthe viability and
self-sufficiency of local government' nits by directly
granting them general and broa !tax powers.
Nevertheless, the fundamental law di not intend the
delegation to be absolute and u conditional; the
constitutional objective obviously s to 4nsUre that, while
the local government units are being 4trengthened and
made more autonomous, the legis ature hiust still see to it
that (a) the taxpayer will not be over-bur ened or saddled
with multiple and unreasonable impositions; (b) each local
government unit will have its fair share of available
resources; (c) the resources of the national government
will not be unduly disturbed; and (d) local taxation will be
fair, uniform, and just. (Ferrer v. Bautis a, G.R. 210551,
2015).
To pass judicial scrutiny, a regulatory fee nust not produce
revenue in excess of the cost of the re u ation because
such fee will be construed as an illegal tax when the
revenue generated by the regulation exdeeds the cost of
the regulation. (Ferrer v. Bautista, G.R. 210551, 2015).
While local government units are uthori ed to burden all
such other class of goods with "ta es, fees and charges,"
excepting excise taxes, a specific prohibition is imposed
barring the levying of any other type of taxes with respect
to petroleum products. (Petron Corportion v. Tiangco,
G.R. 158881, 2008; Batangas City v Pilipinas Shell
Petroleum Corp., G.R. 187631, 2045)
Setting the rate of the additiona levy for the special
education fund at less than 1% is within :he taxing power
of local government units. It is consisten with the guiding
constitutional principle of local autonomy. rhe option given
to a local government unit extends not onl to' the matter of
whether to collect but also to the rate at hithcollection is
to be made. The limits on the level of addi ional levy for the
I !of
! the Local
special education fund under Section 35
Page 242 of 320
POLITICAL LAW
Gove ment Code should be read as granting fiscal
flexibi ity to local government units. (Demaala v. COA, G.R.
1997 2,2015).
By op ration of Sec. 151 of the LGC extending to cities the
autho it of provinces and municipalities to levy certain
taxes, fees, and charges, cities may therefore validly levy
amus ment taxes on cinemas subject to the parameters
Philip ines v. City of Cebu et al, G.R. 204418, 2015).
LGUs shall accrue exclusively to the LOU and to
earm
Taxes levied by LGUs shall accrue exclusively to the LGU
and to earmark, if not altogether confiscate, the income to
be rec ived by the LGU from the taxpayers in favor of a l nd
for tra Smittal to the Film Development Council of the
Philip • nes, is repugnant to the power of LGUs to apportion
their esources in line with their priorities (Film
Devel pment Council of the Philippines v. City of Cebu et
al, G. . 204418, 2015).
An inj nction case before the RTC is a local tax case. A
certior. ri!petition questioning an interlocutory order issued
in a lo I tax case falls under the jurisdiction of the CTA.
(CE C secnan Water and Energy Company, Inc. v. The
Provin e of Nueva Ecija, G.R. 196278, 2015).
-Mayor has the ministerial duty to ensure that all taces
and ot er revenues of the city are collected
The m yor has the ministerial duty to ensure that all takes
and ot er revenues of the city are collected, and that city
funds re applied to •the payment of expenses and
settle nt of obligations of the city, in accordance with law
or ordi ance. On the otherhand, under the LGC, all local
taxes, fees, and charges shall be collected by the
provinc al, city, municipal, or barangay treasurer, or their
duly-au horized deputies, while the assessor shall take
charge among others, of ensuring that all laws and
policie governing the appraisal and assessment of real
propert es for taxation purposes are properly executed.
Thus, writ of prohibition may be issued against them to
desist rom further proceeding in the action or matter
specifi d in the petition. (Ferrer v. Bautista, G.R. 210551,
2015).
The so ialized !housing tax charged by the city is a tax
which i within its power to impose. Aside from the specific
authorit vested by Section 43 of the UDHA, cities are
allowed to exercise such other powers and discharge such
other f nctions and responsibilities as are necessaIry,
approp ate, or incidental to efficient and effective provision
ATENEO CENTRAL
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of the basic services and facilities which include, among
others, programs and projects for ow-c st housing and
other mass dwellings. The collections m de 'a , ccrue to its
socialized housing programs and projects The 11 tax is not a
pure exercise of taxing power or merely t 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 wit public interest.
(Ferrer v. Bautista, G.R. N210551, 2015).
Withdrawal of Local Tax Exemption Pri lieges
Unless otherwise provided in the LGC, ta
exemptions or
rsOns, whether
incentives granted to, or enjoyed by all p
natural or juridical, including governm
nt-Owned or -
controlled corporations were withdrawn up
n the effectivity
of the LGC. [Sec. 193, LGC]
Privileges Retained: Tax exemption p ivileges of the
following were not withdrawn by the LGC:
1. Local water districts;
2. Cooperatives duly registered under R. . No. 6938; and
3. Non-stock and non-profit hosp tals nd educational
institutions [Sec. 193, LGC Se 234, LGC]
Regulation of Activity and Tax
11d . docume t ry stamps, estate taxes, customs duties, excise
The garbage fee is a charge fixed for the -egulation of an
activity. It is not a tax and cannot violate th rI.itel on double
taxation. (Ferrer v. Bautista, G.R. 27551, 5)-
Mactan Cebu International Airport A thority is an
instrumentality of the government, not a o6c; thus, its
properties actually, solely and exclusively used for public
purposes, consisting of the airport ter !nal building,
airfield, runway, taxiway and the lots on filch they are
situated, are not subject to real property tax and the city is
not justified in collecting taxes from petit oner over said
properties. (Mactan Cebu Internatidnal A rporf v. City of
Lapu-Lapu, G.R. No. 181756, 2015)
Real Property Taxation
Annual ad valorem tax on real property m y be levied by
a:
(1) Province; or
(2) City; or
(3) Municipality within Metropolitan Manila Area [Sec. 232,
LGC]
Exemptions from Real Property Tax
The following are exempted from ayment of the real
property tax:
Page 243 of 320
POLITICAL LAW
a. eal property owned by the Republic of the
hilippines or any of its political subdivisions
EXCEPT when the beneficial use thereof has
been granted, for consideration or otherwise, to
e taxable person;
a. I heritable institutions, churches, parsonages or
nvents appurtenant thereto, mosques, nonprofit
religious cemeteries and all lands, buildings, and
provements actually, directly, and exclusively
ed for religious, charitable or educational
roses;
b. All achineries and equipment that are actually,
dire tly and exclusively used by local water districts
and gPvernment- owned or —controlled corporations
eng ged in the supply and distribution of water and/or
gen retion and transmission of electric power,
c. All r al property owned by duly registered cooperatives
as p ovided for under R.A. No. 6938; and
d. Mac inery and equipment used for pollution control
and nVironmental protection [Sec. 234, LGC]
Other Ii itations on taxing powers of LGUs
Taxes !ready imposed by National Government:
General , LGUs cannot impose taxes that are already
impose by the National Government (e.g. income tax,
taxes u 4r the NIRC, VAT) [See generally, Sec. 183,
LGC]
Person exempted: LGUs cannot impose taxes, fees,
and cha ges on (a) countryside and barangay business
enterpri es; (b) cooperatives duly registered under the
Coopera ivle Code; and National Government, its agencies
and ins inentalities, and local government units. [Sec.
133(n)-( ), LGC]
An instrumentality of the State or National
Government is exempt from local taxation.
[Sec. 133(o), LGC] Hence, the Manilla
International Airport Authority, being such an
instrumentality and not being an GOCC, is
exempt from local taxation. [MIAA v. CA, G.R.
No. 155650 (2006)]
However, GOCCs are [generally] not exempt
from local taxation. [MIAA v. CA (2006)1
RECLASSIFICATION OF LANDS
Requisit for Reclassification
Via ordi ance;
After pu lic hearings for the purpose
Limited t the following percentages:
 ATENEO CENTRAL
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15% for highly urbanized and independent component CLOSURE AND OPENING OF ROADS
cities
10% for component cities a d 1st to 3rd class A LG may, pursuant to an ordinance, permanently or
municipalities tempo arily close or open any local road, alley, park, or
5% for 4th to 6th class municipalities squar falling within its jurisdiction.

• Exception: The President may,; when public

Penn n nt Closure v. Tempriraiy Closure
interest requires and upon recommendation by the
NEDA, authorize reclassification in excess of the PERMANENT CLOSURE TEMPORARY CLOSURE'
limits set herein
1. Ordinance must be 1. Should be a National
Grounds: a Pproved by at least or ;local road, alley,
• The land ceases to b,e economically; feasible and two-thirds (2/3) of all park, or square
sound for agricultural purposes as determined by the the members of the 2. Temporarily closure
Department of Agriculture. Sangguriian during an actual
1
The land shall have substan ially greater economic 2. When necessary, an emergency, or fiesta
value for residential, commerci l or industrial purposes adequate substitute for celebrations, public
as determined by the Sanggunian concerned. the public facility that is rallies, agricultural 1 or
subject to closure is industrial fairs, or an
Only cities and municipalities can reclassify agricultural provided, undertaking of public
3. - Provisions for the; works and highways,
lands through the proper ordinance after conducting public
maintenance of public telecommunicationsl'
hearings for the purpose. It cannot be done by mere safety shall be made, and waterworks
resolution. (R.A. No. 7160, Sec. 2) projects.
3. 3. The duration of
General Rule: Such reclassificatioi sha I be limited to the Which shall be
following percentage of the total agricuftural land area at specified by the local
the time of the passage of the ordinance (15% - 10% - 5%) chief executive
concerned in a written
Exceptions: order.
1. Agricultural lands distributed to agrarian reform
beneficiaries shall not be affected by the said Perma ent closure
reclassification. Gener I Rule: A property permanently withdrawn from
2. The President may, when public interest so public se may be used or conveyed ;for any purposel for
requires and upon recommendation of the which other real property belonging to the local
National Economic and Development Authority,
authorize a city or municipality to reclassify lands govern ent unit concerned may be lawfully used or
in excess of the limits set in the next preceding convey d.
paragraph.
Excep p, : Nolreedom park shall be closed permanently
Approval by national agency without provision for its transfer or relocation to a new site.
;
Where approval by a national agency is required for
Tempo ary closure
reclassification, such approval sha I not I:Ile unreasonably
It shoul NOT be temporarily closed for athletic, cultural, or
withheld. Failure to act on a proper and complete
civic a ti Kies not officially sponsored, recognized, or
application for reclassification within 3 months from receipt
approv dJ by the local government unit concerned. Any
shall be deemed an approval thereof. [Sec.; 20(d), LGC]
city, m n cipality, or barangay may, by a duly enacted
ordinan e temporarily close and regulate the use of any
local St et, road, thoroughfare, or any other public place
where hopping malls, Sunday, flea or night markets, or
shoppi g areas may be established and where goods,
mercha dise, foodstuffs, commodities, or articles of
comme ce may be sold and dispensed to the general
public.

Page 244 of 320

 ATENEO CENTRAL
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The passage of an ordinance by a local government unit to
effect the opening of a local road, can have no applicability
to the if the subdivision road lots sought to be opened to
decongest traffic in the area have afready been donated to,
and the titles thereto already issued n the name of the City
Government. Having been already donated or turned over
to the City Government, the road lots in question have
since then taken the nature of public roads which are
withdrawn from the commerce of man. (NetiVSun Valley v.
Sangguniang Barangay, G.R. 156686, 2011).
Road, alley, park or square is
National Local
1 2. Must not be Unfair or oppressive
Temporary closure 1. Temporary
only. 2. Permanent closure
Scope of LGU's power to close
Requisites for Temporary ClosurJ
Via ordinance;
Maybe done due to:
a. Actual emergency;
b. Fiesta celebrations;
c. Public rallies;
d. Agricultural or industrial fairs; or
e. Undertaking of public wckks and highways,
telecommunications, and waterworks projects;
Duration of closure must be specified by the by the local
chief executive in a written order; and
If for the purpose of athletic, cultural, orl civil activities,
these must be officially sponsored, recognized, or
approved by the local governmeht. [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 vvhere
shopping malls, Sunday, flea or night markets, or
shopping areas may be established for the general public.
[Sec. 21(d)]
Requisites for Permanent Closure
Via ordinance approved by at least 2/3 of all members of
the Sanggunian;
When necessary, an adequate substitute for the public
facility that is subject to closure should be provided;
Such ordinance must have provisions for the maintenance
of public safety therein; and
Page 245 of 320
POLITICAL LAW
If a fre dom park is permanently closed, there must be a
provisi n for its transfer or relocation to a new site. [Sec.
21(a),(
Such p perty permanently withdrawn from public use may
be use or conveyed for any purpose for which other real
prope belonging to the LGU may be lawfully used or
convey d [Sec. 21(b)]
D. LEGISLATIVE POWER
(d) Re • mites of a valid ordinance (CUP PUG)
1. Mist not Contravene the Constitution or any
statute
3. Must not be Partial or discriminatory
4. ust not Prohibit, but may regulate trade
5. ust not be Unreasonable
6. ust be General and consistent with public policy
An ordi at[ice authorizing the expropriation of parcels of
land for the creation of a freedom park cannot be strudk
down fo tie reason that the municipality has an existing
freedo park still suitable for the purpose because under
Section (c) of the LGC, the Sangguniang Panlalawigan
can de ace the ordinance valid only if it is beyond the
power o the Sangguniang Bayan.
An ordi ance penalizing any person or entity engaged in
the busi ess of selling tickets to movies or other public
exhibitio games or performances which would charge
children tween 7 and 12 years of the full price of tickets
instead f only one-half the amount is void because it is
unreaso ale. It deprives sellers of the tickets of their
property without due process. A ticket is a property right
and ma be sold for such price as the owner of it can
obtain. ere is nothing malicious in charging children the
same pri as adults. (Balacuit V. CFI of Agusan del Norte,
G.R. No. L-38429, 1988).
Power t enact or repeal an ordinance, or to issue a
resoluti
General ule: The local chief executive has to approve the
ordinanc enacted by the council.
Excepti n When the local chief executive is the Punong
Baranga because he is already a member of the
Sanggun ang Barangay.
The Lig rg mga Barangay cannot exercise legislative
powers ecause it is not a local government unit and its
primary t.irpose is to determine representation of the liga
in the s ggunians to ventilate, articulate and crystallize
issues a ecting barangay government administration, and
ATENEO CENTRAL
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to secure solutions for them through proper and legal The higher council can declare the ordinance or resolution
means. (Onon v. Fernandez, G.R. No. 139813, 2001). invalid if it is beyond the scope of the power conferred upon
the I wer Sanggunian. For barangay ordinances, the
Grounds for the veto power of he Local Chief higher council can also rule that it is inconsistent with law
Executive or city/municipal ordinances.
1. Ultra vires
2. Prejudicial to public welfare Presi ipg officer
When item veto may be done L GISLATIVE BODY PRESIDING OFFICER
1. Appropriations ordinance
2. Ordinance/resolution adopting local development San 9..niang
plan and public investment program Vice-Governor
Panl lawigan
3. Ordinance directing the payment of money or
creating liability. sandauniang
Vice-Mayor
Pan ungsod
The veto must be communicated to the Sanggunian within
15 days forprovince and 10 days for city or municipality. SangJniang Bayan Vice-Mayor

A municipal resolution correcting an alleged typographical Sang uniang Barangay Punong Barangay
error in a zoning ordinance does not have to comply with
the requirements of notice and hearing, which are required The p siding officer shall vote only to break a tie.
for the validity and effectiveness of zoning ordinances.
(The Learning Child, Inc. v. Ayala jAlabang Village
A tern rary presiding officer shall be elected from and by
Association, G.R. 134269/134440/1445 8, 2010).
the m mbers present and constituting a quorum, in the
event f the inability of the regular presiding officer to
An act which is outside of the municipal ty's jurisdiction is
presid at a session. The temporary presiding officer shall
considered as a void ultra vires act, while an act attended
certify w thin 10 days from the passage of ordinances
only by an irregularity but remains within the municipality's
enact and resolutions adopted by the sanggunian in the
power is considered as an ultra vires act subject to
sessio over which he temporarily presided. [Sec. 49,
ratification and/or validation. Case law states that public
LGCJ
officials can be held personally accountable for acts
claimed to have been performed in connection with official Presu ptions -regarding local legislation (CRV)
duties where they have acted ultra vires. (Land Bank of the 1. C nstitutionality
Philippines v. Cacayuran, G.R. 17165, 2013). 2. R ularity
3. V id ty

Ordinance v. Resolution (e) L al initiative and referendum

ORDINANCE RESOLUTION Local iiiative - The legal process whereby the registered
voters f a LGU may directly propose, enact, or amend any
Has the force and effect of ordina c. It may be exercised by all registered voters of
Mere opinion
law I the pr4 ft ces, cities, municipalities, and barangays.
Has general application; A res ution can also be the proper subject of a local
more or less permanent in Tempo ary in nature
initiativ IJSBMA v. COMELEC, G.R. 25416, 1996).
character.
Third reading is required Third read rig not required Procecfure for local initiative:
1. Number of voters who should file petition With
Usually used in the Usually used in the LGU's Sa ggunian concerned:
exercise of the LGU's exercise of proprietary a. Provinces and cities - at least 1000 registered
governmental functions functions
1 vders
I b. IVIunicipality - at least 100 registered voters
Only some may be subject c. Barangay - at least 50 registered voters
Subject to veto
to veto and review 2. Sanggunian concerned has 30 days to act on the
pet tion. If the Sanggunian does not take any favorable

Page 246 of 320

 ATENEO CENTRAL
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action, the proponents may invoke the power of
initiative, giving notice to Sanggunian.
3. Proponents will have the follo ing number of days to
collect required number of signatures
a. Provinces and cities - 90 days
b. Municipalities - 60 days
c. Barangays -30 days
4. Signing of petition
5. Date for initiative set by COMELEC if required number
of signatures has been obtained.
Effectivity of proposition
1. If proposition is approved by a majority of the votes
cast, it will take effect 15 days after certification by the
COMELEC as if the Sangguni7 and the local chief
executive had taken affirmative action.
2. If it fails to obtain required number of votes, it is
considered defeated
Limits on propositions:
1. It should NOT be exercised more than once a year.
2. It can only extend to subjects or matters which are
within the legal powers of the Sanggunian to enact.
3. If the Sanggunian adopts in toto the proposition
presented and the local chief executive approves the
same, the initiative shall be cancelled.
Limits upon Sanggunians
1. The Sanggunian CANNOT repeal, modify or amend
any proposition or ordinance approved through system
of initiative/referendum within 6 months from the date
of approval thereof.
2. The Sanggunian can amend, modify or repeal the
proposition/ordinance within 3 years thereafter by a
vote of 3/4 of all its members.
3. For barangays, the applicable p riod is 18 months.
Referendum - The legal process whereby the registered
voters of the local government units may approve, amend
or reject any ordinance enacted by the Sanggunian.
The proper courts can still declare void any proposition
adopted pursuant to an initiative or referendum on the
following grounds:
1. Violation of the Constitution
2. Want of capacity of the Sanggunian concerned to
enact the measure
CORPORATE POWERS: (PSC3)
1. Have Continuous succession in its corporate name
2. Sue and be sued
3. Have and use a Corporate seal
4. Acquire and convey real or personal Property
5. Enter into Contracts
Page 247 of 320
POLITICAL LAW
Requi ites of valid municipal contracts: (FOLS-ID
"false
1. It m st comply with Formal requirements
2. LG can exercise such Other powers granted to
con orations, subject to limitations in the LGC and other
law
3. Inc se entered into by Local chief executive on behalf
of L U, prior authorization by Sanggunian concerned
is n eded.
4. It m st comply with Substantive requirements.
5. LG has express, Implied, or Inherent power to enter
into a particular contract.
6. It ust be entered into by the proper Department,
boa d, committee, or agent.
The do trine of separate personality of a corporation finds
no appl cation in the Cooperative Development Authority
which as created by virtue of RA 6939, since it is not a
private entity but a government agency. (Verzosa v.
Caragu , G.R. 157838, 2011).
To Sue abd Be Sued
LGUs aye the power to sue and be sued. (Local
Govern ent Cocde, sec. 22(a)(2)). Because of the
statuto waiver, LGUs are not immune from suit.
The 0 G may not be compelled to represent local
govern ent units. The LGC vests exclusive authority upon
the LG 's legal officers to be counsels of local government
units. E ei the employment of a special legal officer is
express y !lowed by the law only upon a strict condition
that thri action or proceeding which involves the
compon n city or municipality is adverse to the provincial
govern ent or to another component city or municipalit.
(OSG v. CA and Municipal Government of Suguiran, G.R.
199027, 2014).
A muni ipality can be sued for damages arising from
injuries ustained by a pedestrian who was hit by a glass
pane th t fell from a dilapidated window frame of the
municip I hall. Under Section 24 of the LGC and Article
2189 o• the Civil Code, the municipality is liable for
damage • arising from injuries to persons by reason Of
negligen e of local government units on the defecOe
conditio clf the municipal hall, which is under their control
and sup •rvision.
To Acq ire and Sell Property
Properti s of the public dominion devoted to public use and
made a ai able to the public in general are outside the
commer e of persons and cannot be disposed of or leased
ATENEO CENTRAL
BAR OPERATIONS 2019
by the LGU to private persons. (Macasiano v. Diokno, G.R.
97764, 1992).
Pursuant to the regalian doctrine, any land . that has never
been acquired through purchase, grant or any other mode
of acquisition remains part of the public domain and is
owned by the State. LGUs cannot appropriate to
themselves public lands without prior grant from the
government. (Rural Bank of Anda v. Roman Catholic
Archbishop of Lingayen-Dagupan, G.R. 155051, 2007).
To Enter Into Contracts
Unless otherwise provided in the LGC, no contract
I may be
entered into by the local chief executive in behalf of the
LGU without prior authorization by the Sanggunian
concerned. A legible copy of such contract shall be posted
at a conspicuous place in the provincial capital or the city,
municipal or barangay hall (Local Government Code, sec.
22(c)). Without the council authorization/ ratification, the
contract is unenforceable.
The prior authorization may be in the form of an
appropriation ordinance passed for the year which
specifically covers the project cost or ciontract to be
entered into by the LGU (Quisumbing v.' Garcia, G.R.
175527, 2008).
Those beyond the powers of the LGU may be subject to
veto of the local executive or review of the local legislative
for-being ultra vires.
Review of Ordinances
1. Review of Component City and Municipal
Ordinances or Resolutions by the 'Sangguniang
Panlalawigan
If the Sangguniang Panlalawigan finds that such an
ordinance is beyond the power conferred upon the
Sangguniang Panlungsod or Sangguniang Bayan
concerned, it shall declare such o dinance or resolution
invalid, whole or in part. The Sangguniang Panlalawigan
shall enter its action in the minutes and shall advise the
corresponding city or municipal authorities of the action it
has taken.
2. Review of Barangay Ordinances by the
Sangguniang Panlungsod or Sangguniang Bayan
If the Sangguniang Panlungsod or Sangguniang Bayan, as
the case may be, finds the 11arangay., ordinances
inconsistent with law or city or municipal ordinances, the
!I
Sanggunian concerned shall within 30 days from the
receipt thereof, return the same w th its comments and
recommendations to the Sangguniang Barangay
Page 248, of 320
POLITICAL LAW
conce ed for adjustment, amendment or modification; in
which ase the effectivity of the barangay ordinance is
suspe ded until such time as the revision called for is
effecte
2. !ABILITY OF LOCAL GOVERNMENT UNITS
Munic pal Liability
LGUs nd their officials are not exempt from liability for
death r injury to persons or damage to property.
Liabili on contracts
Munici a; corporations are liable on contracts entered into
in their b half by their duly authorized agents acting within
the sc pe of their authority, provided that the municipal
corpor tions are authorized to enter into said contracts by
their c arter.
Doctri e of Implied Municipal Liability
A mun cipality may become obligated upon an implied
contra to pay the reasonable value of the benefits
accept d or appropriated by it as to which it has the
genera power to contract. The doctrine applies to all cases
where nney-or other property of a party is received under
such a cumstances that the general law, independent of
an exp Ss contract, implies an obligation to do justice with
respec to the same.
The do bine of estoppel cannot be applied as against a
munici al corporation to validate a contract which it has no
power t make, or which Ms authorized to make only under
prescri ed conditions, within prescribed limitations, or in a
prescn ed mode or manner, although the corporation has
accept d the benefits thereof and the other party has fully
perfo his part of the agreement, or has expanded
large s ms in preparation for performance. A reason
frequen ly assigned for this rule is that to apply the doctrine
of esto pel against a municipality in such case would be to
enable t to do indirectly what it cannot do directly. Also,
where a contract is violative of public policy, the
municip lity executing it cannot be estopped to assert the
invalidi on this ground; nor can it be estopped to assert
the inv lidity of a contract which has ceded away,
contrail d, or embarrassed its legislative or government
powers. (San Diego v. Municipality ofNaujan, G.R. L-9920,
1960).
The go ernment is justified to decline payment of the
purchas price of illegally cut lumber delivered by a
contract.r who won a public bidding for the construction of
the Na otas Bridge. All contracts, including government
contract-, are subject to the police power of the
State. Being an inherent attribute of sovereignty, such
 ATENEO CENTRAL
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power is deemed incorporated into the laws of the land,
which are part of all contracts, thereby qualifying the
obligations arising therefrom. TtNs, it is an implied
condition in the subject contract for the procurement of
materials needed in the repair and construction of the
Navotas Bridge that petitioner as private contractor would
comply with pertinent forestry laws and regulations on the
cutting and gathering of the lumber she undertook to
supply the provincial government (Guadines v.
Sandiganbayan, G.R. 164891, 2011).
Liability v. Defense
,
LIABILITY DEFENSE
corpor te name, they may sue, be sued, contract and be
contra ea with. (Torio v. Fontanilla , G.R. L-29993, 1978).
A mayo cannot be held personally liable if his actions were
done p rsuant to an ordinance which, at the time of the
collecti n was yet to be invalidated. (Demaala v. COA,
G.R. 1• 9752, 2015).
The w t was directed at the mayor not in his personal
capaci , but in his capacity as municipal mayor, so that it
is not ir egular whether it was served upon him during his
earlier t 'friri or in his subsequent one. (Vargas v. Cajucom,
G.R. 1 095, 2015)

LGUs. and local officials are LGUs generally can 3.S LEMENT OF BOUNDARY DISPUTES
liable in case of: be sued based on
• Death 1 11
their "charters/laws-- Situati v. Where to Settle
• Injury, or power tol sue and be
- Damage to property (Local sued" SITUATION WHERE TO SETTLE
Government Code, sec. 24)
Bounsary disputes involving 2 The sangguniang
Generally, limited to
or mor - barangays in the same panlungsod or
The State is responsible in like proprietaiy functions.
it or municipality. Sangguniang bayan
manner when it acts through a '
special agent; but not when the concerned.
damage has been caused by the Boun. ar‘i/ disputes involving 2 The Sangguniang
official to whom the task done or me re municipalities within panlalawigan
properly pertains. (Civil Code, e same province concerned
art. 2180)
Boun eary disputes involving Jointly referred for
State/LGUs liable for death or muni ipalities or component settlement to the
injuries suffered by reason of citie - & different provinces Sanggunians of the
defective roads, bridges or other province concerned
public works under their
supervision Provinces, cities and Bound.: r-,, disputes involving a Jointly referred for
municipalities shall be liable for compo ent city or municipality settlement to the
damages for the death of, or on th or hand and a highly respective
injuries suffered by any person II urbani e city on the other, or Sanggunians of the
by reason of the defective tw , (2) or more highly parties
condition of roads, streets, rimnized cities.
bridges, public buildings, and
other public works under their
control or supervision. (Civil Accordin io Section 118 of the Local Government Code,
Code, art. 2189) boundarlc disputes between and among municipalities
should te referred for settlement to the sangguniang
Special agent - One who receives a definite and fixed panlala gan and not with the Regional Trial Court.
order or commission, foreign to the exercise of the duties (Municip 14 of Sta. Fe v. Municpality of Artao, G.R. No.
of his office, so that in representation of the state and being 140474, 007)
bound to act as agent thereof, he executes the trust
confided to him.
Howeverl there is no law providing for the jurisdiction of
any court or quasi-judicial body over the settlement of a
In the case where a stage collapsed during a zarzuela, boundar dispute between a municipality and an
municipal corporations will be liable for the injiiwy sustained independent component city, thus, the Regional Trial Court
by the victims. Under Philippine law, muniCipalities are has jurisciction to adjudicate it. Under Section 19 (6) of the
political bodies corporate. They are endowed with the Judiciary: Reorganization Act, the RTC has exclusive
faculties of municipal corporations. In their proper original juri diction- in all cases not within the exclusive
Page 249 of 320
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jurisdiction of any court or quas -judicial agency. Member of Sangguniang

(Municipality of Kananga v. Madrona, GR. No. 141375, Panlungsod, Member of
2003) At least 18 yearsI
Sanouniang Bayan, Punong
old
Bare Nay, Member of
In the event the Sanggunian fails to effect an amicable Sangguniang Barangay
settlement within 60 days from the date he dispute was
referred thereto, it shall issue a certificat4i to that effect. Disqualifications for Local Elective Officials: (SCRIP-
Thereafter, the dispute shall be formally tried by the DF)
Sanggunian concerned which shall decide the issue within 1. Those Sentenced by final judgment for an offense
60 days from the date of the certificetion. Within the time inv lying moral turpitude, or for an offense punishable
and manner prescribed by the R(Iiles of . ourt, any party by 1 Year or more of imprisonment within 2 years after
may elevate the decision of the sanggreri concerned to se ing sentence.
•the proper Regional Trial Court haVing jurisdictionDver the 2. Th se Removed from office as a result of an
area in dispute. The Regional Trial Court Shall decide the ad inistrative case.
appeal within one year from the filing thereof. Pending final 3. Th s se Convicted by final judgment for violating the oath
resolution of the disputed area prior to the I'dispute shall be of Ilegiance to the Republic.
maintained and continued for all legal purposes (Local 4. Th se with Dual citizenship.
Government Code, sec. 118). 5. Fu i it ves from justice in criminal or non-political cases
he e or abroad.
The technical description, containing the metes and 6. Pe manent residents in a foreign country or those who
bounds of the municipality's territory as stated in an ha e acquired the right to reside abroad and continue
executive order creating the said municipality, is binding. to vLil of the same right after the effectivity of this
(Municipality of Jimenez v. Baz, 1Jr., G.R. No. 105746, co e.
December 2, 1996). 7. Th Insane or feeble minded.

SUCCESSION,OF ELECTIE OFF CIALS 4.VACANCIES AND SUCCESSION

Perm ent Vacancy

Qualifications: (FR-LAV)
1. Filipino citizen
Groun u for Permanent Vacancy: (F2VR2-DP)
2. Registered Voter in the:
1. El ct ve local official Fills a higher vacant office
a. barangay, municipality, city or proVinbe where he
2. R uses to assume office
intends to be elected
3. Fa Is to qualify
b. district where he intends to be elected in case of a
4. Di.s
member of the Sangguniang Panlalawigan,
5. Re oved•from office
Sangguniang Panlungsod or Sangguniang bayan
6. Vo untarily resigns
3. Resident therein for at 1ea4 1 )eer immediately
1 7. Pe manently incapacitated to discharge the functions
preceding the day of the election r

4. Able to read and write Filipino or any other local
Language or dialect
5. Age requirement
Age Requirement
POSITION
Governor, Vice Governor, Mayor,
Vice Mayor, member of
SangguniangPanlungsod in
highly urbanized cities
Mayor, Vice Mayor of
independent component cities or
municipalities
of is office
Filling f Vacancy:
• Au orratic succession
• Ap o ntment
Gener I Rule: the successor (by appointment) should
AGE come on the same political party as the Sanggunian
REQUIREMENT
1, memb r Whose position has become vacant.
Excep on: case of vacancy in the Sangguniang barangay
(Local overnment Code, sec. 45).
At least 23 years
old on election day
Ranki g Determined on the basis of proportion of votes
i by each winning candidate to the total number of
obtained
d registeled voters in each district in the immediately
At leaSt 21 years
, preceding local election.
old

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Temporary Vacancy
(i) El ctive officials
Non-exclusive grounds for temporary vacancy
1. Leave of absence rounds (MA3C D20):
2. Travel abroad 1. Commission of any offense involving Moral
3. Suspension from office • turpitude or an offense punishable by at least
prison mayor
General Rule: If the position of governor, mayor, or 2. Application or acquisition of foreign citizenship
punong barangay becomes temporarily vacant, the vice- or residence or the status of an immigrant of
governor, vice-mayor or highest-ranking Sanggunian another country
member will automatically exerdise the powers and 3 Abuse of authority
perform the duties and functions of the local chief 4 Unauthorized Absence for 15 consecutive
executive concerned. working days, except in the case of members
Exception: He cannot exercise the power to appoint, of the Sanggunian Panlalawigan,
suspend or dismiss employees. I !' Sangguniang Panlungsod, Sangguniang
Exception to the Exception: If the period of temporary Bayan, Sangguniang Barangay.
incapacity exceeds 30 working daYs. (Local Government 5 Culpable Violation of the Constitution
Code, sec. 46). 16 Disloyalty to the Republic of the Philippines
7. Dishonesty, oppression, misconduct in office,
Termination of Temporary Incapacity
gross negligence, dereliction of duty
1. Upon submission to the appropriate Sanggunian of a
8.1 Other grounds as may be provided by the
written declaration by the local chief that he has
Code or other laws.
reported back to office.
2. If the temporary incapacity was lue to legal reason, the
If the in ident complained of occurred in another barangay
local chief executive should also submit necessary
over w, ich a barangay official has no authority and
documents showing that the legal causes no longer
jurisdictl en, the Supreme Court ruled that he is liable for
exist (Local Government Code, sec. 46).
abuse c, authority on the basis that he participated in the
unlawfu act as a higher authority that gave a semblance
Appointment of OIC
of legali Over that act and influenced the actions of his co-
The local chief executive can designate in wr ting an OIC if
defenda ts. Here, petitioner was president of the
he is traveling within the country but outside his territorial
organiz thin of barangay officials in his municipality and
jurisdiction for a period not exceeding 3 con7cutive days.
sat as e -Officio member of the Sangguniang Bayan, which
The OIC cannot exercise the power to appoiht, suspend or
has po rIto review barangay ordinances and authority to
dismiss employees (Local Government Code, sec. 46).
disciplin barangay officials. (Bien v. Bo, G.R. 179333,
1 2010)
VACANCY SUCCESSOR
,
1 J isdiction
Governor, Mayor ,
Vice-GOvernor,,Vice-Mayor
1 , ,
I 1 ELECTIVE APPOINTED
Governor, Vice-governor, Highest ranking; 1
Mayor or Vice-mayor SangOnian member President —
I Elective official
Highest ranking of a province,
Sanggunian member highly
(who was supposed to fill Second highest ranking
1.
Sanggunian meniber urbanized or
the vacant position of The local chief
Independent
governor, etc.) executive to any
Who may component
subordinate official
Highest ranking: prevenlively city.
or employee under
Sangguniang Barangay suspend
In the office of the his authority pending
member OR the 2nd Governor—
Punong Barangay investigation.
highest •anking Elective official
Sanggunian mernber of a
component city
or municipality.
DISCIPLINE OF LOCAL OFFICIALS
Page 251 of 320
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Mayor —
Elective official Sangguniang
of a barangay. Panlalawigan -
elective
Any single municipal
preventive officials.
suspension
shall not Penalty of
extend beyond suspension —
60 days; if shall not
multiple, exceed his
Duration of Except as otherwise
cannot be A periOd not unexpired
preventive provided by law, the
suspended for exceeding 60 days. term, or a
suspension local chief executive
more than 90 period of 6
may impose the
days within a months for
penalty of:
single year for every
the same administrative
1. Removal from
ground or offense. Nor
service
grounds shall said
existing. penalty be a
2. Demotion in
Disci linary bar to the
Any of the rank
juris iction candidacy of
grounds (disc plinary the respondent
provided under 3. Suspension —
case) as long as he
RA 7160, after for not more
Charges for is qualified.
the issues are than 1 year
preventive without pay
joined, when Removal - can
suspension must
the evidence of only be done
involve, dishonesty, 4. Fine — in an
guilt is strong by a court of
oppression or grave amount not
and there is law; the
misconduct or exceeding .6
great penalty of
When to neglect in the months salary
probability that removal from
preventively perforrnance of duty,
the office shall be
suspend or if thare is reason 5. Reprimand
continuance in a bar to the
to be ieye that the
office could candidacy from
respondent is guilty
influence the any elective
of the charges which
witnesses or office.
would Warrant his
pose a threat
removal from
to the safety Decisions may,
service
and integrity of within 30 days
If the penalty
the records from receipt'be
imposed is
and other appealable to:
suspension without
evidence.
pay for not more
Sangguniang
Administrative than 30 days, his
Panlalawigan —
Governed by Discipline Governed decision shall be
Governing law decisions of
RA 7160. by the Civil Service final; if the penalty
Appe Is component
Law. imposed is heavier,
(disci linary cities'
the decision shall be
cases S.Panglunsod
A verified appealable to the 1
and the
complaint to: Civil Service
S.Bayan
President—for Commission which
Where to file provincial, shall decide the
The local chief OP—decisions
(disciplinary highly appeal within 30
executive. of the
cases) urbanized city, days from receipt
Sangguniang
independent thereof.
Panlalawigan
component city and
elective official.

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Sangguniang • Peralty is not a bar to the candidacy of the respondent

Panglungsod suspended as long as he meets the qualifications for
of Highly the ' office' However, removal as a result of
urbanized administrative investigation serves as a bar to the
cities and candidacy of the respondent for any elective position.
independent • Preventive suspension imposed upon a public officer
component facing administrative charges cannot be credited
cities. aga nst the penalty of suspension imposed upon him.
Decisions of • Pre' entive suspension is not a penalty. Not being a
OP are final pen' Ity, the period within which one is under
and executor. pre entive suspension is not considered part of the
act al penalty of suspension. (Quimbo v. Gervacio,
G. 155620, 2005).
iii. Preventive suspension
Civil ha' ility of public officials for public acts
Preventive Suspension — merely a protective or Genera Rule: A public officer is not liable for damages
preliminary measure; not a penalty and not considered part which person may suffer arising from the just
of the actual penalty if found guilty. perform nce of his official duties and within the scope of
his assi ned tasks.
Purpose: to prevent the accused from using his position Excepti When the governmental acts are done in bad
and powers/prerogatives to influence potential witnesses faith, b ng outside the scope of authority, such public
or tamper with records that may be vital in the prosecution officer i liable for damages in his/her personal capacity.
of the case against him. (Vinzon -Chatto v. Fortune Tobacco Corporation, G.R.
141309,12007).
Applies when:
• After the issues are joined. iv. R1nnioval
• When the evidence of guilt is strong.
• There is great probability that the continuance in office
r
An elect local official may be removed by order of the
proper c u!t. (Local Government Code, sec. 60).
could influence the witnesses or pose a threat to the
safety and integrity of the records and other evidence.
The pe alty of removal from office as a result of
administ ative investigation shall be considered a bar to
IMPOSED BY RESPONDENT LOCAL OFFICIAL the cand d,cy of the respondent for any elective position.
Elective official of a province, highly (Local G vernment Code, sec. 66 (c))
President urbanized I
or independent componeacity Local e ective officials cannot be removed by local
1.1 I
legislativ bodies or the Office of the President.
Elective official of a cornpoihnt city or
Governor
municipality Art. 124 (b), Rule XIX of the Rules and Regulations
Mayor Elective official of a barangay Impleme ting the LGC, which states that "an elective local
official m be removed from office by order of the proper
Duration: court or e Disciplining Authority whichever first acquires
• SINGLE preventive suspension should not exceed 60 jurisdicti n to the exclusion of the other" is void for being
DAYS. repugna t to Sec. 60, LGC.
• If SEVERAL administrative cases are filed against an
elective official, he cannot be prventiveiy, suspended If appoin ive official, Office of the President may remove
for more than 90 DAYS within a sindl ; year on the him or er' from the his or her position. (Pablico V.
same ground/s existing and known at the time of the Villapan o,G.R. 147870, 2002).
first suspension.

Suspension should not exceed the ynexpi ed term of the

respondent or a period of 6 months for every administrative
offense.

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Administrative anoeal local hief executives from making appointments during

,
RENDERED BY APPEAL TO the I t days of their tenure. Appointments of local thief
il exec tives must conform toithese civil service rules and in
Sangguniang Panglungsod of order to be valid. (Provincial Government of Aurora v.
Sangguniang
component cities and Sangguniang Marc ,G.R. 202331, 2015)
Panlalawigan
Bayan
1 Iil
That Province suddenly had no funds to pay for an
Sangguniang Panlalawigan and
Sangguniang Panglungsod of appoi tee's salaries despite its earlier certification that
Office of the
highly urbanized cities/ . President funds were available under its 2004 Annual Budget does
independent component cities not a eot his appointment, if a Certification that funds were
1, availa le was issued at the time of the appointment. The
Final and appoi tment remains effective, and the local government
Office of the President
executory unit r mains liable for the salaries of the appointee.
(Prow cial Government of Aurora v. Marco, G.R. 202331,
2015)
Period
30 days from receipt of decision 5. RECALL

Effect Recal The power of the electorate (registered voters) to

Shall not prevent a decision from being final and executory. remov a local elected official for loss of confidence
Respondent is considered to have been placed under throug the holding of a special/recall election, before the
preventive suspension during the pendency of the appeal end o term of office.
in the event he wins, and shall be paid his salary and other
emoluments during the pendency of the aOpeal. Mode of initiating a recall
Adopti n of a resolution by the Preparatory Recall
The phrase "decision is final and executory" means that the Asse bly (composed of local officials of the lower/
I
Sanggunian decision is immedia ely executory, but still supe sed local government unit).
may still be appealed to the Office of the F'resident or the
Sangguniang Panlalawigan as the case may be. (Don v. LEVEL COMPOSITION OF PRA
Lacsa, G.R. 170810, 2007).
Mayors, vice-mayors, Sanggunian
vi. Doctrine of Condonation or Aduipaldo Provincial members of the municipalities and
Doctrine) component cities

The doctrine of condonation has been dispensed with Punong barangay and
by the Court. Election is not a mode of condoning an City Sangguniang barangay members
administrative offense, and there is 6implli riO:constitutional in the city
or statutory basis in our jurisdiction to support the notion Elective municipal/ barangay
that an official elected for a different term is fully absolved Legisl tive district
officials
of any administrative liability arising from an offense done
during a prior term. However, the cIoctrine f condonation I Punong barangay and
1
should be, as a general rule, recognized as good law prior Munic pal Sangguniang barangay membere
to its abandonment. (Carpio-Morales v. CA and Binay, in the municipality
G.R. 217126-27, 2015).

(j) Appointive officials Proce ure:

The prohibition on midnight appointments only applies to
presidential appointments. It does not apply to
appointments made by local chief executives.
Nevertheless, the Civil Service Commission has the power
to promulgate rules and regulations to professionalize the
civil service. It may issue rules and regulations prohibiting
Page 254 of 320
• A S ssion in a public place to initiate recall proceeding.
• A r solution adopted by a majority of all the members
of tie PRA during the session called for the purpose of
initi ting recall proceedings.
• Pet, 'ton of at least 25% of the total number of
registered voters in the LGU concerned during the
ele tion in which the local official sought to be recalled
wa elected.
 ATENEO CENTRAL
BAR OPERATIONS 2019
• The written petition for recall should he duly signed
before the election registrar or his representative and
in the presence of the representative of the petitioner
and the official sought to be recalled. .
• It should be signed in a public place.
• Petition should be filed with COMELEC through its
office in the LGU concerned
• Publication of petition for 10-20 days in order to verify
the authenticity and genuineness of the petition and
the required percentage of voters (Local Government
Code, sec. 70).
Conduct of Recall Election:
1. The official sought to be recalled are
AUTOMATICALLY considered as duly registered
candidates.
2. The date set for the recall election should not be less
than 30 days after filing of resolution/ Petition in the
case of barangay, city or municipal Officials
Id and 45
days in the case of provincial Officials (Local
Government Code, sec. 71).
Effectivity of Recall
1. Recall will only be effective upon the election and
proclamation of a successor.
2. If the official sought to be recalled receives the highest
number of votes, confidence in him is affrmed and he
shall continue in office (Local Government Code, sec.
72).
Limits on Recall
• Elective local official can be the subject of a recall
election only once during his term of office.
• No recall shall take place within 1 year from the date
of the official's assumption to office or 1 year
immediately preceding a regular local election (Local
Government Code, sec. 74).
The authentication of signatures in a recall petition is done
during the determination of the names, signatures and
thumbmarks of petitioners, not during the determination of
the sufficiency of the form and subsitance of the petition.
(Sy-Alvarado v. Comelec, G.R. 216457, 2015).
TERM LIMITS
Term of office: 3 years.
General Rule: No local elective official shal serve for more
than 3 consecutive terms in the same posit op., .
Exception: The term of barangay officials and members
of the Sanggunian kabataan shall be for 3 years. (R.A. No.
9146)
Page 255 of 320
POLITICAL LAW
For th 3-term rule to apply, the local official must
have:
1. fully, served the term
2. been elected through a regular election
The fol owing are not considered as interruptions in
term:
1. Voluntary renunciation of a term.
A coun ilor assuming the office of vice-mayor through
succes on is not considered a voluntary renunciation of
his posi ion as councilor. it is clear therefore that voluntary
renunci tion of a term does not cancel the renounced term
in the omputation of the three term limit; conversely,
involunt ry severance from office for any length of time
short o the full term provided by law amounts to an
interrup on of continuity of service (Montebon v.
COMEL C, G.R. 180444, 2008).
The reli quishment of the office of Punong Baranglay
during he third term, as a consequence of one's
assump on to office as Sangguniang Bayan, is a voluntary
renunci ion (Bolos v. COMELEC, G.R. 184082, 2009).
2. San iganbayan preventively suspended the
offi er for 90 days in relation with a criminal case
(Aldi vino Jr. v. COMELEC, G.R. 184836, 2009).
3. Mu cipality merged with another municipality to
for a new political unit (Laceda, Sr. V. Limena, G.R.
182:67, 2008).
When a sérmanent vacancy occurs in an elective position
and an ' official assumed office under the rules on
success' under the LGC, his assumption to said office
shall no be considered as one full term (Boija Jr. v.
COMEL • C)
An offici I who was elected for three consecutive terms but
who had to assume the position of vice-mayor on his/her
second t-rm in view of the incumbent's retirement is not
deemed , to have fully served the three consecutive
(Monteb n v. COMELEC)
An electi e official who has served for three consecutive
terms an who did not seek the elective position for what
could be is fourth term, but later won in a recall election,
had an in erruption in the continuity of the official's service.
For, he h d become an interim, i.e., from the end of the 3rd
term up tO the recall election, a private citizen (Adormeo v.
COMEL C and Socrates v. COMELEC)
When an fficial is defeated in an election protest and said
decision ecomes final after said official had served the full
term for a d office, then his loss in the election contest
ATENEO CENTRAL
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does not constitute an interruption since he has managed

to serve the term from start to finish (Ong v Alegre, Rivera
v. COMELEC)

When a three-term official of a local gOvernment unit

(which is later converted into a city on the third term of the
official) said official cannot seek the same Office in the first
election as a city considering the area andInhabitants of
the locality are the same and that the offic al continued to
hold office until such time as the city elections are held.
The framers of the Constitution in ended to avoid the evil
of a single person accumulating excessive power over a
particular territorial jurisdiction as a resulti'of, a prolonged
stay in office. (Latasa v. COMELEC)

end of topic

Page 256 of 320

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XII. NATIONAL ECONOMY AND PATRIMONY Three- old Goal of the National Economy
1. Mere equitable distribution of opportunities, income
TOPIC OUTLINE UNDER THE SYLLABUS and wealth;
2. In. ease of wealth for the benefit of the people, and
A. Regalian Doctrine 3. In eased productivity (CONST, Art.XII, Sec.1)
B. Nationalist and Citizenship Requirement
provisions REGALIAN DOCTRINE
C. Exploration, Development, and Utilization of IMPERIUM DOMINIUM
Natural Resources
D. Franchises, Authority, and Certificates for Public Government authority The capacity of the State
Utilities possessed by the State to own and acquire
which is appropriately property.
E. Acquisition, Ownership and Transfél of Public and
embraced in sovereignty. It refers to lands held by
Private Lands
the government in a
F. Practice of Professions proprietary character.
G. Organization and Regulation of Corporations,
Private and Public
What i the Regalian doctrine? (Jura Regalia)
H. Monopolies, Restraint of Trade, and Unfair
Competition Univer I feudal theory that all lands were held from the
Crown.' All lands not otherwise clearly appearing to be
privatel owned are presumed to belong to the State.
(Carino v. Insular Government. GR No. 72, February 23,
1909)

State • ned: (PWEFFOM)

Lands of the Public domain
Waters
Mineral., coals, petroleum, and other mineral oils
All sour es of potential Energy
Fisheri s
Forests or timber
Wildlife'
Flora a I d fauna
Other n tural resources (1987 Constitution, art!. XII, sec.
2)

Genera Rule: All natural resources cannot be

alienate

Excepti n: Agricultural lands

Native itle
refers t pre-conquest rights to lands and domains which,
as far b ck as memory reaches, have been held under a
claim f private ownership by indigenous cult4a1
commu ities and indigenous people, have never been
public I nds and are thus indisputably presumed to have
been h Id that way since before the Spanish conquest.
(1PRA, cc. 3(1)).

P.P. 31 distributing 670 hectares of CMU's property, to

the indi 6 - nous peoples is unconstitutional. The lands by
their ch racter have become inalienable from the moment
Preside t Garcia dedicated them for CMU's use in
Page 257 of 320
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scientific and technological research in the field of
agriculture. They have ceased to be alienable public lands.
Besides, when Congress enacted the IPRA or RA 8371 in
1997, it provided in Section 56 that "property rights within
the ancestral domains already existing ,and/or vested"
upon its effectivity "shall be recognized and 'respected." In
this case, ownership over the sitject lends had been
vested in CMU as early as 1958. 1! Consequently,
transferring the lands in 2003 to he indigenous peoples
around the area is not in accord with the ,IPRA. (MU v.
Executive Secretary, G.R. 184869 2010). '
Limitations on the disposition of the State of alienable
lands of the public domain
1. Only agricultural lands of the public domain may be
alienated;
2. Only Filipino citizens may acquire lands not more than
12 hectares by purchase, homestead or grant or lease
no more than 500 hectares. Private cOrporations may
lease not more than 1,000 hectares , for 25 years
renewable for another 25 years. (CONST. Art.XII,
Sec.3)
3. The exploration, development and utilization (EDU) of
all natural resources shall be wider the full control and
supervision of the State either by directly undertaking
such EDU or through co-production, joint venture, or
production sharing agreements with ipidalified persons.
4. The use and enjoyment of the manne wealth of the
archipelagic waters, territorial sea, and the EEZ shall
be reserved for Filipino citizens
5. Utilization of natural resources in rivers, lakes, bays
and lagoons may be allowed (30-ily on smell scale' to
Filipino citizens or cooperati es— th priority for
subsistence fishermen and fish workers. (CONST.
Art.XII, Sec.2)
Exception with respect to rule on EDU
For large-scale EDU of minerals petroleum and other
mineral oils, the President may enter into agreements with
foreign-owned corporations involving technical or financial
assistance.
25-year Limitation
All agreements with the qualified pr vete seCtor (i.e Filipino
citizens or corporations or associations at least 60% whose
capital is owned by Filipino citizens) may be for only a
period not exceeding 25 years, renewable for another 25.
Note that the 25-year limit is not applicable to water rights
for irrigation, water supply, fisher es, or ,ndustrial uses
other than the development of power.
Page 258 of 320
POLITICAL LAW
NA IONALIST AND CITIZENSHIP REQUIREMENT
PROVISIONS
Rule nPrivate Lands
Gene al Rule: Private lands CAN only be conveyed to:
1. Fil pino citizens
2. C rporations or associations incorporated in the
P ilippines, at 'least 60% of whose capital is owned by
Fil pino citizens (1987 Constitution, art. XII, sec. 7).
Exce tions:
In inte tate succession, where an alien heirof a Filipino is
i ll
the tr sferee of private land. ( /987 Constitution, art.' XII,
sec.
A nat ral-born citizen of the Philippines who has lost his
Philip ine citizenship may be a transferee of private land,
subje to limitation provided by law. Hence, land can be
used i nly for residential purposes. In this case, he only
acquit*, s derivative title. (1987 Constitution, art. XII, sec.
8). H ever, a former natural born Filipino citizen who
beca e a citizen of other countries may acquire land for
busin s and other purposes. (R.A. No. 8179, Sec. 5)
Foreig states may acquire land but only for embassy and
staff r sidence purposes.
When ilipino citizenship Required
Filipin citizenship is only required at the time the land is
acquir d. Thus, loss of citizenship after acquiring the
land d es not deprive ownership.
Scope of Restriction
Restri ion against aliens only applies to acquisition of
owner hip. Therefore:
1. Ali ns may be lessees or usufructuaries of private
Ian is
2. Ali ns may be mortgagees of land, as long as they do
not obtain possession thereof and do not bid in the
for closure sale.
3. La d tenure is not indispensable to the free exercise of
reli ious profession and worship. A religious
cor oration controlled by non-Filipinos cannot acquire
an own land, even for religious purposes.
Instan e when couple Alien-Filipino buys land
When couple buys land, where one is an alien and one
is Filip no, the property does not become part of the
conjug I property. It will only be owned by the Filipino
spous (Cheeseman v. IAC, G.R. 74833, 1991).
An ali n cannot challenge any act of administration,
enjoyni nt, or alienation of his/her Filipino spouse over a
piece land his/her spouse acquired. (Matthews v. Taylor
Spous z s, G.R. 154584, 2009).
ATENEO CENTRAL
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Court. t reasoned that the provision which mandates

LI
Remedies to Recover Private Lands from Disqualified prefere i ce to Filipinos is only enforceable with respect to
Aliens: ERR "grant if rights, privileges and concessions covering
1. Escheat proceedings nationa economy and patrimony," and not all aspects of
2. Action for Reversion under the Public Land Act trade a d commerce. (Tanada v. Angara, G.R. 118295,
3. An action by the former Filipino owner to; Recover the 1997).
land
The Re ail Trade Liberalization Act of 2000 (RA 8762) is
Although the sale of a lot to an alien: violated the constitu ional. It allowed foreign nationals to engage in
constitutional prohibition on aliens acquiring land, the retail trl de business in the Philippines. It also allowed
acquisition by succession by Filipino citizens qualified to natural- orn Filipino citizens, who had lost their citizenship
acquire lands, can no longer be impugned On the basis of and no reside in the Philippines, to engage in the retail
the invalidity of the initial transfer. The flaw n the original trade b siness with the same rights as Filipino citizens.
transaction is considered cured and the 11 11 :title of the The ma date for the State to develop a "self-reliant and
transferee is deemed valid consideting that the objective indepen ent national economy effectively controlled by
of the constitutional proscription aga nst alien ownership of Filipino ' is not self-executory. The control and regulation
lands, that is to keep our lands in Fil pino hands, has been of trade n the interest of the public welfare is of course an
achieved. (Republic v. Register of Deeds, IG.R. 158230, exercis of the police power of the State. A person's right
2008). to prop rty, whether he is a Filipino citizen or foreign
national cannot be taken from him without due process of
Considering that the rights and liabilities of the parties law. Th Court is not convinced that the implementation of
under the Contract to Sell is covered by the Condominium RA 876 would eventually lead to alien control of the retail
Act wherein petitioner as unit owner Was s mPly a member trade b siness. Petitioners have not mustered any
of the Condominium Corporation and the land remained concret and strong argument to support its thesis. The
owned by respondent, then the constitutional proscription law its f has provided strict safeguards on foreign
against aliens owning real property does not apply to the participa ion in that business. (Espina v. Zamora, G.R.
present case. There being no circumvention of the 143855, 2010).
constitutional prohibition, the Court's pronouncements on
the invalidity of the Contract of Sale should! be set aside
CITIZENSHIP AND/OR EQUITY
(Hulst v. PR Builders, G.R. 156364, 2008). ACTIVITY
REQUIREMENTS
•
National Economy and Patrimony Investments Exploitation of 1. Filipino citizens
Powers of Congress: natural 2. Domestic Corporations (60%
1. Reserve to Filipino citizens o to corporations or resourc 3S Filipino owned)
associations at least 60% of whose capial is owned by
such citizens, or such higher perentagelaS Congress 1. Filipino citizens
Operation of
may prescribe, certain areas of investment. This may 2. Domestic Corporations (60%
Public Utilities
be done when the national interest dictates. Filipino owned)
2. Enact measures to encourage the *motion and
1. Filipino citizens
operation of enterprises whose capital is 1)1./holly owned
2. Domestic Corporations (60%
by Filipinos (1987 Constitution, a;-t. XII, sec. 10).
Acquisi on of Filipino owned)
alienabl lands 3. Former natural-born citizens of RP
In the grant of rights, privileges and concess ons covering
the national economy and patrimon the State shall give
of the public (as transferees with certain legal
domain restrictions)
preference to qualified Filipinos. This pr4Sion is self
4. Alien heirs (as transferees in case
executory. The Supreme Court banked on this to uphold
of intestate succession)
the decision of GSIS to grant the Manila Hotel project to a
Filipino corporation, even though a alaysiap.firm turned 1. Filipino citizens only (natural
out to. be the highest bidder. (Manila Prince //tel v. GSIS, Practice of ALL persons)
G.R. 122156, 1997). professions 2. Congress may, by law, otherwise
prescribe
However, the GATT Treaty (which placed aliens on the
same footing as Filipinos) was upheld by the Supreme
1. Page 259 of 320
 ATENEO CENTRAL
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1. Filipino citizens p
Mass media 2. Domestic CorporattOns (100%
Filipino owned)
1. Filipino citizens
Advertising 2.Domestic Corporations (70%
Filipino owned)
1. Filipino citizens
2. Domestic Corporations (60%
Filipino owned) 1!1
Educational Exception: SJlools *Wished by
Institution religious groups and Mission boards.
Congress may, by la .;,increase
Filipino requirements for ALL
educational institutions.
)!
!!
Congress may, by law!1, reserve to
Other economic Filipino citizens or to Domestic
activities Corporations 60% F I Pino owned or
higher) certain investment areas.
Tests used to determine Nationality of a corporation:
1. Voting Control Test — the ownership,threshold must
be complied by the voting shares.
2. Beneficial Ownership Test —the ownership threshold
must also apply to the outstand ng capital. And "capital"
should be interpreted to include only voting shares.
Hence, in the computation for "capital: only common
stock will be considered and not preferred shares.
(Gamboa, etal. v. Finance Secretai) G.R. 176579,
,1
2011).
'Capital'
The term "capital" in Section II, Art cle XI Of the 1987
Constitution refers only to shares of stock entitled to vote
in the election of directors, and thus in the present case
only to common shares, and not to the toi l outstanding
capital stock (common and non-voting shares). Pursuant
to the Gamboa directive, Section 2 of SEC-MC No. 8
provides:
"Section 2. All categories shall, at all times observe the
constitutional or statutory ownership requietnent. For
purposes of determining compliance therevitith, the
required percentage of Filipino ownership!shall be applied
to BOTH (a) the total number of outstancing shares of
stock entitled to vote in the election of directors; and, (b)
the total number of outstanding shares of siOck, whether
or not entitled to vote." (Roy III v. Herbosa;!'G.R. No.
204276, 2016)
Page 260 of 320
POLITICAL LAW
EX LORATION, DEVELOPMENT AND UTILIZATION
OF NATURAL RESOURCES
1. Shall be under the full control and supervision of
the State
M ANS:
The state may directly undertake such activities.
The state may enter into co-production, joint
venture or production-sharing arrangements with
Filipino citizens or corporations or associations at
least 60% of whose capital is owned by Such
citizens.
LI ITATIONS:
Pe iod:it should not exceed 25 years, renewable for not
m re than 25 years
Un er terms and conditions as may be providedby law.
2. In case of water rights, water supply, fisheries,
in ustrial uses other than the development of water
po er.
3. T beneficial use may be the measure and limit of the
gr.: nt.
Under the 1987 Constitution, •the state must always be
involv d in the control and supervision of the exploration,
devel ment and utilization of inalienable natural
resou es, even if the person engaged is Filipino.
EO 211 of President Aquino authorized the Secretary of
Natur I Resources to authorize such EDU agreements
entere into under the 1987 Constitution.
Small cale utilization of natural resources
1. Co gress may, by law, authorize small-scale utilization
of atural resources by Filipino citizens.
2. Co gress may also authorize cooperative fish farming
wit priority given to subsistence fishermen and fish
wo kers in the rivers, lakes, bays and lagoons.
Large cale exploration, development, and utilization
of min rals, petroleum, and other mineral oils
1. Th President may enter into agreements with foreign
ow ed corporations involving technical or financial
as istance for large-scale exploration, etc. of minerals,
pet oleum, and other mineral oils. These agreements
sh uld be in accordance with the general terms and
co ditions provided by law.
2. Th y should be based on the real contributions to
ec nomic growth and general welfare of the country.
3. In he agreements, the State should promote the
de elopment and use of local scientific and technical
res urces.
4. Th President should notify Congress of every contract
un er this provision within 30 days from its execution.
 ATENEO CENTRAL
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5. Management and service contracts are not allowed
under this rule.
Under the 1987 Constitution, the Philippine Government
may still enter into service contracts, but only for financial
and technical agreements with respect to large scale
development of minerals, petroleum, and other mineral
resources.
in this case through the DENR, to ensure that the terms
and conditions of existing laws, rules and regulations,
and the IFMA itself are strictly and faithfully complied
witI. (Republic V. Pagadian City Timber, G.R. 159308,
200).
FRANCHISES. AUTHORITY AND CERTIFICATES OF
PUBLIC UTILITIES

Management powers may be given to a completely foreign Power o Grant:

corporation with whom the State enters a service contract 1. Con ress may directly grant a legislative franchise.
But, such power will only be to the extent necessary to 2. The power to grant franchises may be delegated to
carry out the technical and financial agreement. app opriate regulatory agencies and/ or LGUs.
I
A foreign corporation may enter into If'inancia and technical Public Utility - The undertaking must involve dealing
assistance agreement with the government involving the directly with the public.
management and operation of a mining enterprise. Section
2, Article XII of the Constitution allows other forms of
II Primary Franchise Secondary Franchise
assistance or activities having to do with technical or
1 1
financial assistance and it will not prohibit the involvement Invests a body of men The privilege to operate as
of foreign corporations in the management of mining with corporate existence a public utility after the
ventures. The policy recognizes that foretgn corporations corporation has already
who will invest in mining will require that they be given a come into being
say in the management to ensure its SiiiCceas. The
Constitutional Commission understood technical or
The Co stitution does not prohibit the mere formation of a
financial agreements as interchangeable , with service
public u lity corporation without the required formation of
contracts. (La Bugal-Blaan Tribal AssoCiption, Inc. v.
Filipino apital. What it does prohibit is the granting of a
Ramos, G.R. 127882, 2004, affirmed in a AiIR in 2005).
I franchis or other form of authorization for the operation of
a public utility to a corporation already in existence but
Also, the grant of such service contracts must be subject
to the following safeguards: without e requisite proportion of Filipino capital (People
of the P ilippines v. Quasha, G.R. L-6055, 1953).
1. it must be in accordance with a genera law
2. the President must be the signatory for the government
3. the President must report the e ecuted agreement to peration Ownership
Congress within 30 days. (La B gal B lean v. Ramos, of a Public Utility of Public Utility
G.R. No. 127882, 2004, affirmed in a MRin 2005).
May ex t independently Relation in law by virtue of
Protection of Marine Wealth and seijarately from the which a thing pertaining to
1. The State shall protect its marine wealth in its ownersl ip of the one person is completely I
archipelagic waters, territorial sea and EZ. facilities. I subjected to his will in
2. The State shall reserve its use and enjoyment everything not prohibited by
exclusively to Filipino citizens. One can own said law or the concurrence with
3. License Agreement — "a privilege granted by the State facilities without the rights of another.
to a person to utilize forest resources wOin any forest operatirg them as a
land with the right of possesSion and occupation public u :ility, or The exercise of the rights
thereof to the exclusion of others except the conversaly, one may encompassed in ownership
government, but with the corresponding obligation to operate a public utility is limited by law so that a
develop, protect and rehabilitate the same in without owning the property cannot be operated
accordance with the terms and conditiors set forth in facilities used to serve and used to serve the public '
said agreement" (PD 705, sec. 3) the publ c. as a public utility unless the
4. Private rights must yield when they come in conflict operator has a franchise.
with this public policy and common interest. They must
give way to the police or regulatory power of the State,
Page 261 of 320
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A Build-Operate-Transfer grantee is NOT! public utility.
The grantee merely constructs the utility, and it leases the
same to the government. It is he goVenriment which
operates the public utility (op ration separate from
ownership).
To Whom Granted:
Filipino citizens or
Corporations or associations incorporated in the
Philippines and at /least 60% of t e car: tal is owned by
Filipino citizens
A foreigner or foreign company may own assets of a public
utility corporation. What is not allowed is tne' grant of the
franchise to non-citizens of the Philippines.
Mile on Public Utilities
Refers to a utility corporation which renders service to the
general public for compensation
Franchise, certificate or any other f rm of authorization for
the operation of -a public utility may be issued or granted
only to Filipino citizens or entities with 60%; capital owned
by such citizens. Thus, foreign corporationS'and foreigners
MAY own the facilities. (Tatad v. Garcia, ER No 114222,
April 6, 1995)
Terms and.Conditions:
Duration: not more than 50 years.
Franchise is NOT exdlusive in character.
Franchise is granted under the condition "at it is subject
to amendment, alteration, or repeal by Congress when the
common good so requires.
Participation of Foreign Investors:
1. Shall be limited to their proTrtionate share in its
capital.
2. Foreigners cannot be appointed as the executive and
managing officers because these positions are
reserved for Filipino citizens ( 987 Constitution, art.
XII, sec. 11).
Administrative agencies may be empowered by the
Legislature by means of a law to grant franchises or similar
I:
authorizations. In this case, the Court rulectthat the Toll
Regulatory Board (TRB) is empowei ed to grOnt a franchise
for toll road projects. PD 1112 prjvided +trier that the
TRB 'has the power to amend or modify a [roll Operation
Certificate that it issued when public interest so requires.
Accordingly, there is nothing infirm ,much less
questionable, about the provision in the MNTC (Manila
North Tollways Corp.) Supplemental *II ' Operation
Agreement allowing the substitution of MNTC in case it
defaults in its loans. While the TRB is vested by law with
the power to extend the administrative franchise or
I Page 262 of 320
POLITICAL LAW
author that it granted, it cannot do so for an
accum toted period exceeding 50 years. Otherwise, it
would iolate the proscription under Article XII, Section 11
of •the i1987 Constitution, which provides that no public
utility f anchise shall be for a longer period than 50 years.
(Franc co v. Toll Regulatory Board, G.R. 166910, 2010).
While t e Republic of the Philippines appointed petitioner
as the xclusive party to conduct petroleum operations in
the Ca ago-Malampaya area under the State's full control
and s pervision, it does not follow that petitioner has
becom the State's "agent" within the meaning of the law.
An age t's ultimate undertaking is to execute juridical acts
that w uld create, modify or extinguish relations between
his prin ipal and third persons. It is this power to affect the
princip l's contractual relations with third persons that
differe tiates the agent from a service contractor. (Shell
Philippi es Exploration B. V. v. Efren Jabs, et al., G.R.
17991 2010).
PAGC rnR is no longer exempt from corporate income tax.
Under Section 11, Article XII of the Constitution,
PAGC R's franchise is subject to amendment, alteration
or repe I by Congress. A franchise partakes the nature of
a grant, which is beyond the purview of thenon-impairment
clause f the Constitution. Also, Article XII, Section 11, of
the 197 Constitution, is explicit that no franchise for the
operati n of a public utility shall be granted except -under
the co idition that such privilege shall be subject to
amend ent, alteration or repeal by Congress as and when
the co mon good so requires (PAGCOR v. BIR, G.R.
17208 2011).
Franchi es can be granted to companies whose capital is
at leas 60% Filipino-owned. However, "capital" here
should e interpreted to include only voting shares. Hence,
in the c mputation for "capital," only common stock will be
conside ed and not preferred shares. (Gamboa, et aL v.
Financ Secretary, G.R. 176579, 2011).
SEC M morandum Circular No. 8, s. 2013, was issued and
provide that: all covered corporations shall, at all times,
obsery the constitutional or statutory ownership
require ent in that "the required percentage of Filipino
owners ip shall be applied to BOTH (a) the total number
of outs nding shares of stock entitled to vote in the
election of directors; AND (b) the total number of
outstan ing shares of stock, whether or not entitled to vote
in the election of directors." (Roy III v. Herbosa, G.R. No.
204276, 2016)
Police Power and Expropriation over Public Utilities
ATENEO CENTRAL
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Police Power - When public in erest requires, under
reasonable terms, the State may ten-11)6661y take over
the operation of any privately owned public utility or
those with public interest (1987 Constitution, art. XII,
sec. 17).
• The nature and extent of the emergency is the
measure of the duration and the terms of the
takeover.
• Just compensation is not requi!•ed.
• This power is activated only when Congress declares
a state of national emergency.
• 'Businesses affected with public interest' includes
businesses which are quite similar public utilities,
such as those having mass-based consiimers.
2. Expropriation - The State may, upon p yrnent of just
compensation, transfer to public ownersliip utilities and
private enterprises to be operated by the government,
in the interest of national welfaie or d fense. (1987
Constitution, art. XII, sec. 18).
ACQUISITION, OWNERSHIP AND TRANSFER OF
PUBLIC AND PRIVATE LANDS!
Lands of the public domain are classified into: MAN-F
1. Agricultural
2. Forest or timber
3. Mineral lands
4. National Parks (1987 Constitution, art. X I, sec. 3).
Rule on Reclassification or Conversion of Lands
Reclassification or conversion of lands requ e the positive
act of government, mere issuance of title is no enough. An
affirmative act from the executive or: egislative is
necessary to reclassify property of public dO inion. (Laurel
v. Garcia, GR No. 92013, July 25, 1990) '
Reclassification:
1. Public (mineral and agricultural) lands 1- exclusive
prerogative of the executive department. But this is
only a delegated power.
2. Forest and national parks - Congress has the sole
power to reclassify.
Classification is descriptive of the legal naturie of the land
and NOT what it looks like. Thus, the fact thetiforest land
is denuded does not mean it is no longel- forest land
(Secretary of DENR v. Yap, G.R. 167707, 2038).
i public d niain, and can only be alienated as private
Only the President, upon recommendation l the DENR
secretary, may now classify lands of public cimain. This
Page 263 of 320
POLITICAL LAW
preroga ive has been delegated to it by Congress under
CA 141. (Director oflands v. Court ofAppeals, G.R. 58867,
1984).
Classifi tion should be categorical; a land cannot have a
mixed lassification. For example: an owner of an
agricult r1al land in which minerals are discovered has no
right to tilize such minerals. The State may discontinue
his/her wnership after just compensation in order to
extract 4ich minerals. (Republic v. Court of Appeals, G.R.
L-43938l 1988).
Reclassi 'cation from forest reserves into non-forest
reserve — now exclusively a DENR prerogative. There is
no nee to wait for Congressional concurrence. (Apex
Mining v Southeast Mindanao Gold, G.R. 152613/152628,
2009).
Limitati ns Regarding Alienable Lands of Public
Domini n
Means y which Land of Public Dominion Becomes
Private and:
1. Acq red from the Government by purchase or grant:
2. Unin errupted possession by the occupant and his
pred cessors-in-interest since time immemorial. 1
3. Ope exclusive, and undisputed possession of
ALIE ABLE (agricultural) public land for a period of 30
year
a. U on completion of the requisite period, the land
b :comes private property ipso jure without need of
a 'y judicial or other sanction.
b. P ssession since time immemorial leads to the
pr sumption that the land was never part of public
d main.
c. In omputing 30 years, start from when the land was
cs veiled to alienable land, not when it was still
fo est land
d. P sumption is always that land belongs to the
St te.
NHA is an "end-user agency" authorized by law to
administ and dispose of reclaimed lands. The moment
titles ove reclaimed lands based on the special patents
are trans erred to the NHA by the Register of Deeds, they
are auto atically converted to patrimonial properties of the
State wh ch can be sold to Filipino citizens and private
corporati ns, 60% of which are owned by Filipinos.
(Chavez . NHA, G.R. 164527, 2007).
Reclaime foreshore and submerged lands are lands of
property f it is classified by competent authority as
alienable. (Republic v. Enciso, G.R. 160145, 2005).
ATENEO CENTRAL
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2. Th State may either regulate or prohibit monopolies,

Perfected mining claims under the Old Mi rig Law do not
entitle claimant to private ownership (Director of Lands v.
Kalahi Investments Inc., G.R. 48066, 1989);
Protection of Indigenous Cultural Communities:
1. The State protects the rights of inci igenous cultural
communities to their ancestral and subject to:
a. Constitutional provisions
b. Subject to national devlopmert policies and
programs
2. In determining ownership and exteit of ancestral
domain, Congress may use customary laws on
property rights and relations.
Ancestral Domain - It refers to lands, which are
considered as pertaining to acultural region. This includes
lands not yet occupied, such as deep forests.
w an public interest so requires.
3. W at are prohibited are combinations in restraint of
tra e and unfair competition. (1987 Constitution, art.
XII sec. 19)
• Re, frictions upon trade may be upheld when not
co 'tory to public welfare and not greater than is
ne essary to afford a fair and reasonable protection to
th party in whose favor it is imposed
• Ev ' n contracts which prohibit an employee from
en aging in business in competition with theemployer
ar not necessarily void for being in restraint of trade.
In um, contracts 'requiring exclusivity are not per se
voi . Each contract must be viewed vis-a-vis all the
cir• umstances surrounding such agreement in
de :iding whether a restrictive practice should •be
pro ibited as imposing an unreasonable restraint on
co petition (Avon v. Luna, G.R. No. 153674, 2006).

Private corporations end of topic

1. They can only hold alienable lands of the public domain
BY LEASE.
2. Period: Cannot exceed 25 years, rer ewable for not
more than 25 years
3. Area: Lease cannot exceed 1,000 heO ares.
Note: A corporation sole is treated like other private
corporations for the purpose of acquiring pLthlc lands.

Filipino citizens
Can lease up to 500 hectares
Can ACQUIRE not more than 12 hectares by purchase,
homestead or grant

PRACTICE OF PROFESSION
The practice of all profession in the Philippines shall be
limited to Filipino citizens save in cases pr' scribed by law.
(1987 Constitution, art. XII, sec. 14

ORGANIZATION AND REGULATION

1 OF
CORPORATIONS, PRIVATE AN6PUBLIC

1. Private Corporations - Congress can only provide for

the formation of private corporations through a
GENERAL corporation law.
2. GOCCs - May be created thrugh SPECIAL
CHARTERS or a GENERAL corporation law. (1987
Constitution, art. XII, sec. 16).

MONOPOLIES, RESTRAINT OF TRADE AND UNFAIR

COMPETITION

1. The Constitution does NOT prohibit the 'existence of

monopolies.
Page 264 of 320
 ATENEO CENTRAL
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I XIII. SOCIAL JUSTICE AND
IFIUM. 11".
TOPIC OUTLINE UNDER THE SYLLABUS
A. Concept
B. Economic, Social, and Cultural ights
C. Commission on Human Fights
POLITICAL LAW
CONCEPT OF SOCIAL JUSTICE
RIGHTS
Social ustice
Embod !Tient of the principle that those who have less in
life shot Id have more in law.
Social ustice is neither communism nor despotism, nor
atomis nor anarchy, but the humanization of laws and
I'
the equ lization of social and economic forces by the State
so tha justice in its rational and objectively secular
concep on may at least be approximated (Calalang v.
William , G.R. 47800, 1940).
These provisions have to be implemented by
Congre S.
Nature eflPolicy
The pol cy of social justice is not intended to countenance
wrongd trig simply because it is committed by the
underp vileged. At best it may mitigate the penalty but it
certainl will not condone the offense. Compassion for the
poor is i n imperative of every humane society but ohly
when th recipient is not a rascal claiming an undeserved
privileg Social justice cannot be permitted to be refuge of
scoundr ls any more than can equity be an impediment to
the pun! i hment of the guilty. (International School Manila
v. !SAE, G.R. No. 167286, 2014)
Princip I Activities
1. Crea on of more economic opportunities and more
weal
2. Clos Ir regulation of the acquisition, ownership, use and
I
disp ition of property in order to achieve a more
equit ble distribution of wealth and political power.
I
3. Crea on of economic opportunities based on freedom
of ini ative and self-reliance.
ONOMIC, SOCIAL, CULTURAL RIGHTS
Economic, social and cultural rights include the rights to
adequate food, to adequate housing, to education, to
health, to social security, to take part in cultural life, to
water ani sanitation, and to work. (United Nations Human
Rights, Office of the High Commissioner)
Labor
Section 3 of Article XIII elaborates on the provision in
Article I by specifying who are protected by the
Constitut on, what rights are guaranteed, and what positive
measures the state should take in order to enhance the
welfare of labor.
Page 265 of 320
ATENEO CENTRAL
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Notes:
• The right to organize is given to all Inds of workers
both in the private and public sectors.
• The workers have a right to hold pe Ceful concerted
activities, except the right to strike, wl ich is subject to
limitation by law. e.g., policemen, fire en, and public
school teachers are prohibited from striking.
1;
• The workers have the right to partic pate on matters
affecting their rights and benefts, as may be provided
by law.
• Participation can be through:
1. Collective bargaining agreements
2. Grievance machineries
II
3. Voluntary modes of settling disputes
4. Conciliation proceedings mediated by •the
government. i 3. W en there is Court order for eviction and demolition
I
NAMA-MCCH-NFL had not registered as a labor
organization. Not being a legitimate lab, r organization,
NAMA-MCCH-NFL is not entitled to those i- ghts granted to
a legitimate labor organization under th iLabor Code,
specifically: 1) To act as the representative of its members
for the purpose of collective bargaining; 2) To be certified
as the exclusive representative of all the e Ployees in an
appropriate collective bargaining l unit far purposes of
collective bargaining (Visayas ConimunityMedical Center
v. Erma Ybafie, et al., G.R. 196156 2014).
Agrarian Reform
Must aim at:
1. Efficient production.
2. Equitable distribution of land which recognizes the right
of farmers and regular farm workers wIio are landless
to own the land they till.
3. A just share of other or seasonal farm workers in the
fruits of the land.
Note: The CARL is an exercise of police pó er and power
of eminent domain. To the extent that the C' RL prescribes
retention limits for landowners, there is n exercise of
police power. Where it becomes recess* to deprive
owners of their land in excess of the max mum allowed,
there is compensable taking and therefore he exercise of
eminent domain. Just compensation involve not just value
of loss to the owner, but prompt payment Ownership is
transferred upon full payment, and stich payment need not
be in cash.
Scope of Agrarian Reform
Extends not only to private agricultural lands, but also to
"other natural resources," even including the use and
Page 266 of 320
POLITICAL LAW
enjoy ent of "communal 'marine and fishing resourees"
and "o, shore fishing grounds."
Agricu tural land held by the church in trust may be subject
to lano reform. The land reform law does not make a
distinc ion between the various forms of ownership,
wheth r in trust or absolute title.
Urban or rural poor dwellers cannot be evicted, except
accord ng to law.
Who c n be evicted: DIC
1. Pe sons occupying Dangerous areas
2. W en government Infrastructure projects with
all cated funding are going to be implemented
The N A has authority to order relocation of persons and
demoli on of their property as part Of its mandate to
improv blighted areas.
Lands :cquired by the ,NHA for resettlement purposes or
housin development are exempt from the coverage of
agraria reform laws. Such acquisition converts the land
by ope ,ation of law from agricultural to residential. The
NHA is hot bound to pay disturbance compensation to any
tenant in possession of the purchased land (National
Housin Authority v. Department of Agrarian Reform
Adjudi tion Board, et aL, G.R. 175200, 2010).
Urban and Reform and Housing
The St te shall, by law, and for the common good,
underta e, in cooperation with the public sector, a
continu IL g program of urban land reform and housing
which ill make available at affordable cost decent
housin • and basic services to underprivileged and
I
homele s citizens in urban centers and resettlements
areas. I shall also promote adequate employment
opportu ities to such citizens. In the implementation of
such program the State shall respect the rights of small
prope ' owners (Art. XIII, Sec. 9, Phil Const.)
Urban o rural poor dwellers shall not be evicted nor their
dwelling demolished, except in accordance with law and
in a just and humane manner.
No rese lement of urban or rural dwellers shall be
underta en without adequate consultation with them and
the corn unities where they are to be relocated. (Art. XIII,
Sec. 10, Phil Const.)
ATENEO CENTRAL
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Eviction and demolition "in accordance with law and in a
justand humane manner" does not mean thatjthe validity
or legality of the demolition or evictklm is hinged on the
existence of a resettlement area designated or earmarked
by the government." Rather, it mearis that' the person to
be evicted be accorded due process or an Opportunity to
controvert the allegation that his or her occtpation or
possession of the property involved is unlawful or against
the will of the landowner; that should the ille al or
unlawful occupation be proven, theoccupe t be
sufficiently notified before actual eviOtion or iemolition is
done; and there be no loss of lives, physical injuries or
unnecessary loss of or damage to pcopertie (People v.
Leachon, G.R. Nos. 108725-726, 1998).
Health
The State shall adopt an integrated and comprehensive
approach to health development which she I endeavor to
make essential goods, health and other sod l!services
available to all the people at affordable cost. There shall
be priority for the needs of the underprivileg d sick,
elderly, disabled, women, and children. The tate shall
endeavor to provide free medical care to peuPers. (Art.
XIII, Sec. 11, Phil Const.) 1J
J 1'
In the article, there are two principles premised on the
understanding that the high level of health of the people
and of the country can be attained only throLgh a
combination of social, economic, political, and:cultural
conditions. Integration connotes a unified he Ith delivery
system, a combination of private and publiC l ectors, and
a blend of western medicine and traditional health care
modalities. Comprehensiveness includes health
promotion, disease prevention, education, arrd planning.
And all of these are a recognition of the people's right to
health. (Bernas, Comprehensive Reviewer,' 411)
,
Women
25
Note: The term of office, other qua ificatiors, and
disabilities shall be provided by law.
26 Notes:
1. Violations may be committed by pubIicôfficers or
by civilians or rebels.
2. CHR cannot investigate violations of social rights.
3. CHR has NO adjudicatory poWers over cases
involving human rights violations.
4. They cannot investigate cases where no rights
are violated. e.g., There is no, right to occupy
government land (squat). Therefore, pviction
therefrom is NOT a human rights violation.
Page 267 of 320
POLITICAL LAW
The St te shall protect working women by providing safe
and he Ithful working conditions, taking into account their
matern I functions, and such facilities and opportunities
that will enhance their welfare and enable them to realize
their fulljpotential in the service of the nation (Art. XIII,
Sec. 14 Phil Const.)
COMMISSION ON HUMAN RIGHTS
Compo ition: (5)
1. Cha rman and
2. 4m mbers
Qualifi tions:25
Natural born citizens of the Philippines
Majori of the Commission must be members of the
Philippi e bar
The app intment of the CHR members is not subject to CA
confirm fion; and the CHR is not of the same level as the
COMEL C, CSC, or COA.
Powers (IAC-PE2RM-IRAO)
1. !nye jtigate all forms of human rights violations
invol ing civil or political rights, and recommend.26
2. Ado t operational guidelines and rules of procedure.j
3. Cite jfor contempt for violations of its rules, in
acco dance with the Rules of Court.
4. Prov e appropriate legal measures for the protection
of t e human rights of all persons, within the
Phili Pines, as well as Filipinos residing abroad, and
prow e for preventive measures and legal aid services
to th underprivileged whose human rights have been
viola d or need protection.27
5. Exer ise visitorial powers over jails, prisons and other
dete tion facilities.
6. Esta lish continuing programs for research, education
and i formation in order to enhance respect for the
prim cy of human rights.
Notes:
22
• The HR can initiate court proceedings on behalf of
victi s of human rights violations.
• The HR can recommend the prosecution of human
right violators, but it cannot itself prosecute these
case
• The HR cannot issue restraining orders or
injun ions against alleged human rights violators.
Thes must be obtained from the regular courts.
ATENEO CENTRAL
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7. Recommend to congress effectiV, I Measures to

promote human rights and to provide ompensation to
victims of human rights violations or their families.
8. Monitor compliance by the gcivernment with
international treaty obligations on hurran, rights.
9. Grant Immunity from prosecution to any person whose
testimony or whose possession of documents or other
evidence is necessary or convenient toi determine the
truth in any CHR investigation., .
10. Request assistance from an' deprtment, bureau,
office, or agency in the performance :ó ts functions.
11. Appoint its officers and emploYers in Ccordance with
law.

end of topic

Page 268 of 320

ATENEO CENTRAL
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XIV. EDUCATION, SCIENCE, TECHNOLOGY,
ARTS, CULTURE AND SPORTS
TOPIC OUTLINE UNDER THE SYLLABUS
A. Academic Freedom
Right to Education
The State shall protect and promote the rig it of all citizens
to quality education at all levels, and shall take 'appropriate
steps to make such education accessible to all. (CONST.
Art.XIV, Sec.1)
Duties of the State relative to right to Education
1 existing urricula and to continue their course therein up to
The State shall:
1. Establish, maintain, and support a complete,
adequate, and integrated system of education relevant
to the needs of the people and society;1
2. Establish and maintain, a system Of ' free public
education in the elementary and high l', school levels.
Without limiting the natural rights of ,p rents to rear
their children, elementary education is compulsory for
all children of school age; : 1. MuS be informed in writing of the nature and cause of
3. Establish and maintain a system of scho arship grants,
student loan programs, subsidies, and o her incentives
which shall be available to des4ving students in both
public and private schools, especially to the under-
privileged;
4. Encourage non-formal, informal, an indigenous
learning systems, as well as self-learning,
independent, and out-of- school study programs
particularly those that respond to cornrnynity needs;
and
5. Provide adult citizens, the disabled, and Out-of-school
youth with training in civics, vocational efficiency, and
other skills. (CONST. Art.Xhi; Sec.2)
Academic Freedom
Constitutional Provision: Academic freedom shall be
enjoyed in all institutions of higher learning.
Freedoms of a University
From the standpoint of the institution: to provide that
atmosphere which is most conducive to speculation,
experimentation, and creation. The fOur essential
freedoms of a university are:
a. Who may teach
b. What may be taught
C. How it shall teach
d. Who may be admitted to stud [Gar 1a1 V. Faculty
Admission Committee, 68 SCRA 277 (11975) citing J.
Frankfurter, concurring in Sweezy v. I\14 Hampshire,
354 US 232 (1937)1
Page 269 of 320
POLITICAL LAW
Right of School to Decide for Itself
Institutional academic freedom includes the right of the
school or college to decide for itself, its aims and
objectives, and how best to attain them free from outside
coercion or interference save possibly when the overriding
public arterest calls for some restraint.
Right to Discipline Students
The rig t to discipline the student likewise finds basis in the
freedo "what to teach." Indeed, while it is categorically
stated u der the Education Act of 1982 that students have
a right to freely choose their field of study, subject to
graduati n," such right is subject to the established
academ e and disciplinary standards laid down by the
acadern c institution. [DLSU Inc., v. CA, G.R. No. 127980,
December 19, 2007]
Requisi es of Due Process for Students before
Imposi on of Disciplinary Sanctions
the ccusation against him;
2. Rig , to answer charges against him, with the
assi tance of counsel, if desired;
3. Info ed of the evidence against him;
4. Rig H to adduce evidence in his behalf; and
5. Evid nce must be duly considered by the investigating
corn ittee or official designated by the school to hear
and ecide the case (Ateneo de Manila University v.
Cap long, GR No. 99327, May 27, 1993)
Faculty embers have:
1. Full eedom in research and in the publication of the
resu , subject to the adequate performance of their
othe academic duties.
2. Free om in the classroom in discussing their subjects,
but ey should be careful not to introduce into their
teac mg controversial matter which has no relation to
their ubjects.
3. Free om from institutional censorship or discipline,
whe 1, faculty members speak or write in their capacity
as c zens.
General ule: Students have the right to enjoy in school
the guar ntees of the Bill of Rights.
Limitatio s:
1. Domi ant police power of the State
2. Soci I interest of the community
Budgeta Priority -
Educatior must be assigned the highest budgetary priority.
ATENEO CENTRAL
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_ 1
XV. FAMILY
Integrated System of Education
1. Free movement from one school to other; or public
TOPIC OUTLINE UNDER THE SYLLABUS
to private and back. So this means ti ere is the same A. Rights
program.
2. Free public education in elementary and HS levels. The State recognizes the Filipino family as the foundation
c. Elementary education is compuls •rY of the ,nation. Accordingly, it shall strengthen its solidarity
d. But it cannot be subject to penal sanction; it is a and actively promote its total development (CONST. Art.
moral, not legal compulsion. )CV, Sec.

Free education: Rights of the Family

a. Elementary
b. High School
All educational institutions must include study of
Constitution in its curriculum.
General Rule: FILIPINIZATION -
Educational schools must be owned sole y by citizens of
Philippines or corporations with at least 60% Filipino
capital, subject to change by Congress.
Exception: Those established by religi uS groups and
mission boards.
1. Control and administration vested in Philippine
citizens.
2. No school established exclusively for aliens and aliens
cannot be more than 1/3 of enrollment in any school.
3. Exception: For schools for forqign diplomats and their
dependents, and other temporary foreign residents.
The State shall defend
The right of spouses to found a family in accordance with
their religious convictions and the demands of
responsible parenthood;
The right of children to assistance, including proper care
and nutrition, and special protection from all forms of
neglect, abuse, cruelty, exploitation, and other
conditions prejudicial to their development;
The ri ht of the family to a family living wage and income;
ad
The n ht of families or family associations to participate in
th planning and implementation of policies and
pi grams that affect them. (CONST. Art. XV, Sec. 3)
end of topic --

Religion may be taught in public schools subject to the

following requisites:
1. Express written option by pare ts and guardians;
2. Taught within regular class hours;
3. Instructors are designated and aP roved by the
proper religious authorities; and
4. Without additional cost to the government.

Historic Sites
'
The Court held that there was no violation of the
Constitution when DMIC was al owed o , construct a
I
condominium at the back of the Rizal,s monument. No law
prohibits the construction. City Ordinance' 8119 on historic
sites is a mere "guide"but does not brohibiit construction of
a building outside a historic side or facility. R.A. 10066
protects the physical integrity of heritage IO-Operty if there
is a danger of destruction or significant alteration from its
original state. (Knights of Rizal v. DMCI Homes, G.R. No.
213948,2017)

end of topic

Page 270 of 320

ATENEO CENTRAL
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XVI. AMENDMENTS OR REVISIONS OF THE
CONSTITUTION
TOPIC OUTLINE UNDER THE SYLLABUS
A. Procedure to amend or revise the Cimstitution
Amendment
An alteration of one or a few specific separable provisions
of the Constitution. The changes brO16lit about by
amendments will not affect the other piOV ' ions of the
Constitution (Bernas, 1987 Philippine 'Constitution: A
Commentaty, 1345, 2009).
An addition or change within the lines flthe original
constitution as will effect an improvement, better carry
out the purpose for which it was framed; 'change that
adds, reduces or deletes without alteri g the basic
principles involved; affects only the specific provision being
amended. [Lambino v. COMELEC, G.F1. No.174153.
October 25, 2006
Examples:
a change reducing the voting age from 18 years to 15
years;
a change reducing Filipino ownership of Mass media
companies from 100% to 60%; a change requiring a
college degree as an additional qualification for election to
the Presidency (Lambino v. COMELEC, GF. No. 174153,
2006).
Necessary Steps to Give Effect to Amendments or
Revisions (PSR)
1. Proposal of amendments or revisions y the proper
constituent assembly
2. Submission of the proposed amendments or revisions
to the people
3. Ratification
Ways of Proposing Amendments:
Constituent Assembly (ConAss)
Acting as a Constituent Assembly, the Congress by itself
may propose amendments by 3/4 vote of all 1t members.
The power of Congress to propose amendments is NOT
part of its ordinary legislative power. Congress possesses
constituent power only because it has been specifically
given that power by and under the condition ofo,flArticle XVII
(Bernas, The 1987 PhilippinJ COfirstitution: a
Comprehensive Reviewer, 544, 2011, citing' Gonzales v.
COMELEC, G.R. No. L-28196, 1967)
Page 271 of 320
POLITICAL LAW
Each H use may separately formulate amendments by a
vote of /4 of all its members, and then pass it on to the
other h use for similar process. Nothing is said about joint
session (Bernas, The 1987 Philippine Constitution: a
Compr hensive Reviewer, 541, 2011).
Even a joint session, they must still vote separately
becaus Congress is bicameral.
Constit tional Convention (ConCon)
Congrel s may call a ConCon by a 2/3 vote of all its
membe s, or
By a ma ority vote of all its members, Congress may submit
to the el ctorate the question of calling a ConCon.
Notes:
The c oice of either a constituent assembly or
constitu onal convention for the purpose of intiating
amend ents or revisions is left to the discretion of
Congre s. In other words, it is a political question.
The ma ner of calling a ConCon is subject to judicial
review, ecause the Constitution has provided for voting
require ents.
If Congri ss, acting as a ConAss, calls for a ConCon but
does not provide the details for the calling of such ConCon,
Congres — exercising its ordinary legislative power
may su ' Ply such details. But in so doing, Congress (as
legislatu e) should not transgress the resolution of
Congre4 acting as a constituent assembly (Bernas, The
1987 Philippine Constitution: a Comprehensive Reviewer,
544545,:2011). 1
Congres , as a ConAss and the ConCon, has no power to
appropri te money for their expenses. Money may be
spent fro the treasury only pursuant to an appropriation
made b' law. However, the constitutional convention is
free to di pose the funds appropriated by Congress for the
Conventi n's operation (Bernas, The 1987 Philippine
Constitut on: a Comprehensive Reviewer, 545, 2011).
I
People' Initiative
For a valil People's Initiative, there must be:
5. Petition to propose such amendments must be signed
by at east 12% of all registered voters.
6. Eve legislative district must be represented by at
least % of the registered voters therein.
While th substance of the proposals made by each type
of ConAs is not subject to judicial review, the manner the
proposal were made is subject to judicial review.
ATENEO CENTRAL
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Since a ConAss owes their existence to he Constitution,
the courts may determine whether the ass rnbly has acted
in accordance with the Constitution. like:
Whether a proposal was approved by the eguired number
of votes in Congress (acting as a constitu nt assembly).
Whether the approved proposals were properly submitted
to the people for ratification.
Notes:
• The electorate can propose through initiative ONLY
amendments, since it would be practically impossible to
have an over-all review of the Constitution through
action by the entire electoral population.
• No amendment through a People's In tiative shall be
authorized within 5 years following the r tification of the
1987 Constitution. (February 2, 1987) n r
• More often than once every 5 years. The Congress shall
provide for the implementation of the exercise of this
right. (Art. XVII, Sec.2)
• Revision of the Constitution cannot be effected through
initiative and referendum. Formulation Of provisions
revising the Constitution requires both Cooperation and
debate which can only be done through Collegial body.
(BERNAS)
Revision
A re-examination of the entire Constitution or of
provisions which have over-all implicationi for the entire
Constitution to determine how and to what extent it should
be altered. A revision implies substantive cnange, affecting
the Constitution as a whole (Bemas, 1987 Philippine
Constitution: A Commentary, 1345, 2009).1
A change that alters a basic principle in the, constitution,
like altering the principle of separation of powers or the
system of checks-and-balances; alters the substantial
entirety of the constitution, as when the 'change affects
substantial provisions of the constitution. ,
Examples:
i majority of votes cast in a plebiscite.
altering the principle of separation of powers or the system
of checks-and-balances;
a switch from the presidential system to a parliamentary
system;
a switch from a bicameral system tc a unic meral system
(Lambino v. COMELEC, G.R. No. 174153, 006).
Two-part test in determining whether proposal
involves an amendment or revision.
Page 272 of 320
POLITICAL LAW
Quan •tative test — The court examines only the number
of pro isions affected and does not consider the degree of
the cn nge. Whether the proposed change is so extensive
in its provision as to change directly the "substance
entiret 'of the Constitution by the deletion or alteration of
numer us provisions.
Qualit tive test — Inquires into the qualitative effects of
the pr posed change in the Constitution. The main inquiry
is whe her the change will "accomplish such far-reaching
chang s in the nature of our basic governmental plan as to
amou to a revision" (Lambino v. COMELEC, G.R. No.
17415 , 2006).
Ways f Proposing Revisions
By Co gress, upon a vote of 3/4 of-its members
By a C nstitutional Convention
Doctri e of Proper Submission
A pleb scite may be held on the same day as a regular
electio' .[Gonzales v. COMELEC, 21 SCRA 774]. The
entire lonstitution must be submitted for ratification at One
plebisC te only. The people must have a proper "frame of
referen -e". [Tolentino v. COMELEC, 41 SCRA 702]. No
"piece pal submission," e.g. submission of age
amend ent ahead of other proposed amendments.
[Lambi o v. COMELEC, G.R. No.174153. October 25,
2006]
N.B. T e process of revision is the same in all respects
except hat it cannot be proposed via a -People's Initiative.
[See L rnbino, supra]
Judici J.i Review of Amendments
The val clity of the process of amendment is not a political
questid because the Court must review if constitutional
proces es were followed. [See Lambino, supra]
Ratific tion of Proposal if made through ConAss or
ConCol
Amend ents and revisions are valid when ratified by a
Plebisci e is held not earlier than 60 days nor later than 90
days fro the approval of such amendments or revisions.
Ratifica ion of Proposal if made through People's
Initiativ
Valid when ratified by a majority of votes cast in a
plebiscit •
ATENEO CENTRAL
BAR OPERATIONS 2019 POLITICAL LAW

Plebiscite is held not earlier than 60 days nor later than 90

days after the certification by COMELEC of the petition's
sufficiency.
Requisites for Valid Ratification: (PCR)
1. Held in a Plebiscite conducted under the election law.
2. Supervised by the COMELEC.
3. Where only franchised (flegistered) vote s take part.
The Constitution does not require that am ndments and
revisions be submitted to the people in a si+cial election.
Thus, they may be submitted for ratification simultaneously
with a general election.
Exception: When the proposed amendments or revisions
so prov'cle (Bemas, The 1987 Philippine Constitution:l a
Compre ensive Reviewer, 550, 2011).
Date of ffectivity of an Amendment or Revision
Since S ction 4 of Article )0/11, says that any amendment
or reviS on 'shall be valid when ratified' , the date of
effectivit of any amendment or revision should be the
same a that of the date of ratification, that is, the day on
which t e votes are cast. However, the amendments
themselqes might specify otherwise. (BERNAS)
Differen e between amendment and revision

AMENDMENT REVISION
The determination of the conditions Linder which proposed I
amendments/revisions are submitted to the people falls Change in the Constitution
within the legislative sphere. That Congress could have
done better does not make the steps taken itivalid. purpo4 is to Purpose is to
improv specific parts examine entirety
All the proposed amendments or revisions made by the
Affects, nly the specific Affects several provisions
constituent assemblies must be submitted forratification in
provisici amended
one single plebiscite. There caniiiot be apiece-meal
ratification of amendments/revisions. Adds, r duces, deletes Affects
without basic principles
All the amendments to be proposed by the same altering basic principle
Convention must be submitted to the people' in a single Affects
"election" or plebiscite (Tolentino v. COMELEC, G.R. No. substantial entirety
L-34150, 1971).
Ex: ext9nding term limit of Ex: shift from presidential
House lepresentatives to parliamentary system 1
Presidential proclamation is NOT required for effectivity of
amendments/revisions.
1
,
Can be done by: H w Ratification
II 1
Amendments 1. Congress (COristituent By a vote of 3/4 f all its Through a plebiscite, 60-90
Assembly / ConAss) members days after submission of the
I amendments
By a 2/3 vote of lithe members
of Congress; or I
2. Constitutional Convention By a majority vot of all its
1 1.
(ConCon)
1 members. Congr ss may submit
i to the electorate i1 e question of
calling a ConCon
I ' Petition must be igned by at
least 12% of all r gistered voters;
and
3.People's Initiative ,
Every legislative istrict must be
represented by at least 3% of the
registered voters herein.

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Revision By a vote of , of all its

1.CongressCO Ass)
1 members

2. Constftutionai Convention By a 2/3 vote'of all the members

of Congress; or Through a plebiscite, 60-90
(ConCon) :
I days after submission of the
By a majority rte of all its amendments
1.
members. Coigress may submit
to the elector* the question of
! calling a Conclon

1 :
Case Title Facts -Held + Ratio
Mabanag Resolution of PetitiOn'dismissed.
1 on Nov. 1967.
v. Lopez Congress Proposal of
Vito (1947) . proposing the Parity amendments to the
Amendment was constiution is a
assailed on the political question.
ground that it did The enrolled copy of
not comply with the the resolution in
3/4 rule prescribed which it Was certified
by the Constitution. that thp proposal
had 'been approved
by theirpquired vote
was C nblusive upon
the courts.
I
Modified by
Gonzales, and
Tolent no
I ratification or
Gonzales RBH No. 1 called Petitiondenied.
v. for an increase in I
COMELEC the membership of Propasal of
(1967) the HOR; RBH No. amendments is not
2 called for a a politibal but a
Constitutional justiciable question
Convention; and subjeCi io judicial
RBH No. 3 called review ,
for the amendment I be held on January
of Sec. 16, Art.VI to Congress may
allow members of propoSp ! ,
Congress to amendMents and at
become delegates the sane time call
to the CONCON for a Constituent
,i
without losing their Assembly.
seats. Petitioners .,
seek to restrain Ratification may be
respondents from done sinultaneously
enforcing the law with a general
passed by electior or in a
Congress special election
submitting RBH ,
called specifically for
Nos. 1 and 2 for that purpose.
,
ratification during
I
Page 274 of 320
the general There was a proper
elections scheduled submission.
Tolentino Validity of a Petition granted. All
v. , CONCON amendments
COMELEC Resolution proposed by the
(1971) (submitting, for same Constitutional
ratification, the Convention shall be
proposal to lower submitted to the
' the voting age to people in a single '
18) was assailed. election.
The question here
is whether
piecemeal
amendments to the
Constitution could
be submitted to the
people for
rejection.
Plana v• Petitioners seek to Petition dismissed.
COM LEC enjoin respondents The issue of validity
(1973 from implementing of calling for a
PD 73, which called plebiscite
for a plebiscite (to (submission) is
justiciable; BUT,
15, 1973) for the issue became moot.
i constitution
1
approved by the
CONCON on 1972,
1
on the theory that:
(a) the power to
I submit is lodged
exclusively in
Congress, and (b)
there is no proper
submission to the
people.
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Jayeliana Petitioners seek to Althouli'the sovereignty resides

V. enjoin the questioh of whether according to the
Executive respondents from a Constitution was Constitution, the 1
Secretary implementing any validlyilatified is a courts cannot refuse
(1973) of the provisions of justiciable question, to yield assent to
the "new he question of such a political
constitution" not whethe- a decision.
found in the 1935 Constitution has
Constitution, on the come into force and
theory that it was effect is a political Lawye s' Petitioners The question of
not validly ratified in question beyond the Leagu v. questioned legitimacy of a new
accordance with the competence of the Aquino legitimacy of the government arising
provisions of Art.1, Court to decide. (1986)1 Aquino from a successful
Section XV. government. revolution is a
political question
beyond the pale of
Sanidad v. Petitioners question The a+ding review by the courts.
COMELEC the authority of the process both as to
(1976) President in issuing proposarl and
several PDs ratificatiph, raises a Santia o Petitioners seek to COMELEC
usticiabla question. V. enjoin respondent permanently
proposing
amendments to the
New Constitution
l
In a crie;e1
COME 'EC
(1997)
COMELEC from
acting on the
petition by the
enjoined from
entertaining or
taking cognizance of
and calling for a government, the
national President shall have PIRMA group any petition for
referendum- the powp, to asking for an order initiative until a
plebiscite for the assume the fixing details on sufficient law shall
said amendments. constitueht power to how to collect have been validly
propose signatures for a enacted to provide
amendrhents lodged people's initiative to for the
ih the Legislative amend the implementation of
body. Constitution the system.

The system of
initiative found in
Mitra v. Petitioners argue Even without valid Article XVII, Sec. 2
COMELEC that the 1973 ilatificatir, a new is not self-executory.
(1981) Constitution never Constitu kin could It needs an enabling
validly took effect, come into force and law before the right
Jayeliana aside, on effect b the of the people could
the theory that the acquies ence of the be exercised.
1973 Constitution People. POpular However, an
was still and is still acquiescence to a examination of its
at the stage of new Constitution provisions reveals
proposal. They ask gives thl document that RA 6735 is
the Court to order a the force and effect incomplete,
plebiscite for the Of the Fundamental inadequate, or
ratification of the Law of the Land, wanting in essential
1973 Constitution. regardleSS of the terms and conditions
method of insofar as initiative
ratification: If it is on amendments to
accepteoi by the the Constitution is
people (asIshown by concerned.
their part cipation in
several elections
and refeehda since
then), in' whom

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11
Estrada V. Estrada questions (Legai distinction
Desierto legitimacy of Arroyo between EDSA I
(2001) government and and EDSA II) The
1 1
claims, inter alia, gover ment arising
that he did not from .bSA I was
resign from position extra- Onstitutional,
and that Arroyo is whilei1.EDSA II was a
merely an acting consttional
president. exercHi e of the right
to free Speech,
freeddm of
asserhbly, and to
petition the
government for
redress.
,
1
Lambino v. Petitioners seek The Constituent
COMELEC review of power reserved to
(2007) COMELEC decision peopi Under Art.
denying due course XVII S c. 2 is limited
to a people's to the power to
initiative to amend propO e
the 1987 amenqrnents to, not
Constitution. revisio of, the
Constitution.
I
Moreover,
, 1 "direct
propoga by the
people Means that
the pet;on signed
by the 6ople should
contain he full text
of the proposed
amendMents to the
Const iution.
1

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XVII. PUBLIC INTERNAT ONAL LAW b. Archipelagic Waters

c. Archipelagic sea lanes passage
d. Regime of Islands
TOPIC OUTLINE UNDER THE SYLLABUS
3. nternal Waters
4. erritorial Sea
A. Concepts
5. 1 ontiguous Zone
1. Obligations Erga Omnes
6. Exclusive economic zone
2. Jus Cogens
ontinental shelf and Extended Continental
3. Concept of Ex Aequo et Bono
helf
B. Relationship Between International nd National
8. I ternational Tribunal for the Law of the Sea
Law
M. Basic Principles of International Environmental
C. Sources of Obligation in International Law
Law
D. Subjects
1. Precautionary Principle
1. States
2. International Organization
3. Individuals
E. Jurisdiction of States
1. Basis of Jurisdicition
a. Territoriality Principle
b. Nationality Principle and Statelessness
c. Protective Principle
d. Universality Principle
e. Passiver Personality Principle
2. Excemptions from Jurisdiction
a. Act of State Doctrine
b. International Organizations an Its Officers
F. General Principles of Treaty Law
G. Doctrine of State Responsibility
H. Refugees
I. Extradition
J. Basic Principles of International Huma Rights Law
1. Universal Declaration of Htiman Rights
2. International Covenant on Civil and Political
Right
3. International Covenant on Economic, Social,
and Cultural Right
K. Basic principles of International Huma nitarian Law
1. Categories of armed conflicts
a. International armed conflicts
b. Internal or non-international med conflict
c. War on national liberation
2. R.A. 9851 (Philippine Act on Cril es Against
International Law, Genocide, and Other Crimes
Against Humanity)
3. Core international obligations of states in
International Humanitarian Law
4. Principles of International Humanitailan Law
5. Treatment of Civilians
6. Prisoners of War
7. Law on Neutrality
L. Law of the Sea
1. Baselines
2. Archipelagic State
a. Straight archipelagic baselines

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PRELIMINARIES Referi to rules of politeness, convenience, and goo will

obse ed by States in their mutual intercourse without
Traditional Definition of Public International Law being egally bound by them.
International law is a body of rules and prinCiples of action
which are binding upon civilized states in their relations to A.CONCEPTS
one another. (Bemas, Public International Law, 2009)
OBLI ATIONS ERGA OMNES
Modern Definition of Public •Internation:Law , The t rm erga omnes (literal meaning: in relation to
International law as the law which deals frith the conduct every ne) in international law has been used as a legal
of states and of international organizatioris and with their term escribing obligations owed by States towards the
relations inter se , as well as some of theirl relations with comm nity of states as a whole (Romulo v. Vinuya, G.R.
persons, whether natural or juridical. (Restatement (Third) 16223 , 2010).
of Foreign Relations Law of the Unites St tes)
By the r very nature, these are the obligations of a state
Private International Law or Conflict of aws towar s the international community as a whole. Such
obligat ons derive, for example, in contemporary
Private international law is really domestic law which deals intern I bona! law, from the outlawing of acts of aggression,
with cases where foreign law intrudes i i the domestic and o genocide, as also from the principles and rules
sphere where there are questions of t171 applicability of conce ing the basic rights of the human person, including
foreign law or the role of foreign courts. (Bernas, Public protec ion from slavery and racial discrimination. Some of
International Law, 2009) the co esponding rights of protection have entered into the
body o general international law others are conferred by
PUBLIC PRIVATE international instruments of a universal or quasi-universal
11 1, charaC er.(Romulo v. Vinuya, G.R. 162230, 2010).
Governs the relation of Deals With private
sovereign States and other ndividu Types1 of Obligations Erga Omnes
entities with an international
Some authoritiesclassify erga omnes obligations into
personality.
either:
They are generally accepted It is real yl municipal or
1 (1) erga omnes omnium, or
principles of public international national ,in character (1) erga omnes omnes partes [see MI, Resolution on
law, giving the subject an because each State Obligations erga omnes in International Law
international nature. has its oWn conflict 2005), art. 1].

Sanctions may be in the form of Relief prayed for may 1 OMNES OMNIUM
ERGA ERGA OMNESPARTES
peaceful remedies (i.e 131e obtaied from
diplomatic negotiation, municipal tribunals. Basis
mediation, conciliation, General International Law Multilateral treaty
arbitration, diplomatic efforts,
settlement by the ICJ) To whom owed
Public and Private Internationa Law, Distinguished The international All the other States
1
comm Jnity, in any given parties to the same treaty,
Hard Law case in any given case
This refers to binding international legal norrns or those Interest
which have coercive character. (SARMIEN TO)
The ccmmon values of the The common values of 1
Soft Law internetional community States parties and their
It is used to describe international instruments that their and ccncem for concern for compliance
makers recognize are not treaties, but, have as their complience
purpose the promotion of 'norms' which ar believed to be
goods and therefore should have general or universal JUS C GENS
application. In inter ational law, the term 'us cogens" (literal meaning:
compel! ng law) refers to norms accepted and recognized
International Comity (Comitas ge tium) by the i ternational community of States as a whole, that
comma d peremptory authority, superseding conflicting
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treaties and custom. Jus cogens norms are considered Equity

peremptory in the sense that they are mandatory, do not
admit derogation, and can be mo ified oply by general
international norms of equivalent author tY (Romulo v.
Vinuya, G.R. 162230, 2010).
Elements of Jus Cogens: ADS (Artic e 53, Vienna
Convention on Treaties)
1. A norm accepted and recognized by e, international
community of states as a whole
2. No Derogation is permitted.
3. It can only be modified by a Aubsequent norm having
the same character.
Status of Later Treaty which is Cohtrary o,Jus Cogens
A treaty is void if, at the time of its conclusion, it conflicts
with a peremptory norm of general intematiOnal law or jus
cogens. (Article 53, Vienna Convention on the Law of
Treaties) If a new peremptory norm of generpl international
law emerges, any existing treaty which is in conflict with
that norm becomes void and terminates. Jus cogens >
Treaty)
When accepted, is an instrument whereby conventional or
custom ry law may be supplemented or modified in order
to achi ve justice. It has both a procedural and substantive
aspect. Procedurally, it means a mandate given to a judge
to exer ise discretion in order to achieve a determination
that is rore equitable and fair.
Differeltit kinds of Equity •
1. Eq 1 ity intra legem (within the law) — that is, the law is
adapted to the facts of the case;
2. Eq ity praeter legem (beyond the law) — that is, it is
useI to fill the gaps within the law; and
3. Eqt.ity contra legem (against the law) — that is, a
refUsal to apply the law which is seen as unjust.
EQUITY V. EX AEQUO ET BONO
The power to apply principles of equity in no way restricts
the pow r of the ICJ to decide cases based on Ex Aequo
et Bono should the parties so agree that the controversy is
to be d ided on the said principle.

Jus Cogens and Erga Omnes, Differentiated

EQUITY EX AEQUO ET BONO
Jus cogens is different from erga omnes. bne is not the
subset of the other.) Jus cogens pertains to the non- When accepted, is an Pertains to the power of
derogability of a norm and the validity of rules and acts that instru ent whereby the International Court of
conflict with it. Erga omnes pertains to the gal interest of conve tional or customary Justice to decide a case
a State in the violation of a norm. law m y be supplemented equitably outside the rules
or moI ified in order to of law at the instance of
EX AEQUO ET BONO ache p justice. the parties to the case.
Literally, justice and fairness. The ancient co cept is based Procy urally,, it means a
upon the idea of 'fundamental fairPess' s a guideline mand te given to a judge
principle in arbitration and other dispu e settlement to exe cise discretion in
processes. Under the ICJ Statute, the Inter ational Court order ti achieve a
of Justice is given the authority to decide a óase ex aequo deter 'nation that is more
et bono (according to what is fair anY good) provided that equitayle and fair.
the parties expressly agree. (Art.38(2), ICJ Statute)

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B.RELATIONSHIP BETWEEN INTERNATIONAL AND int rnational law and domestic law' belong to only one
I
sy, tem of law.
INTERNATIONAL LAW DOMB TIC LAW i. Theory 1: Municipal law subsumes
and is superior to international law
Scope 1 ii. Theory 2: International law is superior
The conduct of States and Apply to a si gle country or to domestic law
international organizations, nation, withih a determined 2. DU — International law and national law are
their relations with each terriiory and its inhabitants. es entially different from each other as to source (i.e.
other and, in certain mijlnicipal law is a product of local custom or legislation;
circumstances, their wh reas sources of international law are treaties and
relations with persons, cu torn grown among states.); as regards the relations
natural or juridical. the regulate (i.e. municipal law regulated relations
[American Third be een individual persons under the state; whereas
'Restatement] int rnational law regulates relations between states);
anl lastly, as to substance (i.e. municipal law is a law
How Made oft e sovereign over individuals whereas international
its a law between sovereign states) (Bemas, Public
1 ,
Through consent, adopted Issued by a political lnt inational Law, 2009)
by States as a common rule superior for bservance. I
of action. I 11 MONISM DUALISM
I
Relations Regula1 ted I
1, Monis 1s have a unitary Domestic and international law
I
Regulates relations of Replates relations of conce • t of law and see are INDEPENDENT of each
States and other individuals ' among all 1 laws (both other.
international persons themselves or with their intern ;tonal and
own States. munic pal law) as an Municipaaaw International
integr I part of the Law
Sources SAM: SYSTEM. If
confli P exists between regulate regulates
Derived principally from Consists Mainly of internI. Itional law and relations of relations
treaties, international enactments from the munic sal law, individuals between
custom and general lawmaking authority of intern.tional law must under a state states
principles of law. (ICJ, each State. prevai
Stat., art. 38(1)) a product of derived from
1 local custom or such sources
Settlement of Disputes legislation as
international
By means of State-to-State By means of local customs,
transactions. administrative and judicial conventions,
processes. 1 or general
principles of
Responsibility law
Collective responsibility Breach of domestic law law of the international
because it attaches directly entails I individual sovereign over law is a law
to the State and not to its responsibility. individual between
nationals. sovereign
states
NATIONAL LAW

International and National Law, Distinguished Monisn. v. Dualism

Theoretical Approaches to the Relationship between
International Law and National Law
1. Monism — there is no substantial dist cltion between
international law and municipal law. Under this theory,
Under c Jalism, no conflict can ever arise between
internati nal and municipal law, because the two systems
are mutually exclusive. If International law is applied
within a state, it is only because it has been expressly
incorporated by municipal law. The Philippines is a
dualist state.

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I
Theories as to Manner of Adopting International Law declare a treaty unconstitutional. (Bemas, Public
as Part of the Law of the State Internet onal Law, 2009)
1. Doctrine of Incorporation —A State s,r by reason of
its membership in the family of nations bound by the ConfliC between Treaty and Domestic Legislation
generally accepted principles of intemational law, the When t e two instruments relate to the same subject, try
same being considered as part of its own laws. to give 1, ffect to both; if inconsistent, the later in date will
2. Doctrine of Transformation —This is based on a control, provided that the treaty stipulation is self-
strict dualist approach. Since the twO systems are executi g. But this rule only applies in the domestic
distinct and operate separately, or interiätional law to sphere. A treaty, even if contrary to a later statute, is
become part of domestic law it must be expressly and binding n international law.
specifically transformed into donliestic I w through the
appropriate constitutional machinery su h as an act of Fitzma rice Compromise
Congress or Parliament. (Bernas, Pub ic International Assume that since the two systems, international and
Law, 2009) national law, do not operate in common field, they can
never c e into conflict. Each one of them is supreme in
Types of Transformation Theories its own domain, thereby any apparent conflict in the
1. Hard Transformation Theory - Only legislation can domesti, , field is automatically settled by the domestic
transform International Law into domestic law. Courts conflict i-ules of the forum and any conflict in the
may apply International Law only when authorized by internati nal field would be resolved by International Law.
legislation I
2. Soft Transformation Theory - Either a judicial or C. SOU CES OF OBLIGATIONS IN INTERNATIONAL
legislative act of a state can transform International LAW
Law into domestic law.
DOCTRINE OF DOCTRINE OF
Conflict Between International and Municipal Law INCORPORATION TRANSFORMATION
1
A. International Rule or Conflict Fesolved by The wiles of international The generally accepted
International Tribunal— Before an international law forr.I1 part of the law of rules of international law
tribunal, a state may not plead its own laW as an excuse the IanL , and no further are not per se binding
for failure to comply with international ai./v. A State, legislative action is upon the State but must
which has contracted valid international 'obligations, needed to make such first be embodied in
must modify its laws to ensdre fulfillment of its rules pplicable in the legislation enacted by the
obligations under the treaty, unless the Constitutional domest, c sphere. lawmaking body and so
violation is manifest and concern a rule ofinternal law
transformed into municipal
of fundamental importance. National laws Must yield to
the laws of nations because intemationel 1pw provides Incorpo ation is law. Only when so
the standards by which legality of State conduct is to recogni ed by the transformed will they
be determined. Constit, lion. (e.g. become binding upon the
I I State as part of its
B. Municipal Rule or Conflict Resolved by Local custom and general
Court—When the conflict comes before I a domestic principl i ls of international municipal law. (e.g. treaty
court, domestic courts are bound to applY the domestic law)(19 7 Constitution, obligations)
law. Rules of international law are given a standing art. 2, §)
equal, not superior, to national legislativ enactments.
Should a conflict arise between an international
agreement and the Constitution, the treaty would not "SOUR ES" OF INTERNATIONAL LAW ACCORDING
be valid and operative as domestic laW t does not, TO ARTI LE 38 1 ICJ STATUTE
however, lose its character as internationa The Cou , whose function is to decide in accordance with
internatio al law such disputes as are submitted to it, shall
apply:
Conflict between a State's Consti ution and
International Law a. intern tional conventions or treaties, whether general
or pa icular, establishing rules expressly recognized
When the constitutional violation is manifest and concerns by contesting states;
a rule of internal law of fundamental inporta+, State may b. intern tional custom, as evidence of a general practice
deviate from treaty obligation. Should a conflict arise accepted as law;
between an international agreement and the Constitution,
c. the g neral principles of law recognized by civilized
the treaty would not be valid and operative as domestic nation ;
law. The Constitution, in Article V II, Section 5, 2(a)
explicitly recognizes the power of the Supreme Court to
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d. subject to the provisions of Article 59, judicial decisions
and the teachings of the most highly qualified publicists
of the various nations, as subsidiar4 means for the
determination of rules of law.
Primary Sources: TCG
1. Treaties: Conventional lntema lona! L w; International
conventions, whether general or particular,
establishing rules expressly recognized by the
contracting states
2. Customary International Law: nternat onal custom, as
evidence of a general practice accept?ci as law;
3. General Principles of Law: General pnnciples of law
recognized by civilized nations. [lei' Statute, art.
38(1)(a)-(c)]
Subsidiary Sources (JT)
(1) Judicial decisions and
(2) Teachings of the most highly qUalified publicists of the
various nations. [ICJ Statute, an. 38(1)(d)]
Notes:
• While the primary sources create laW the subsidiary
sources constitute evidence of what the law is.
• There is no stare decisis: Case law is ci nsidered only a
"subsidiary means." Even the decisions Of the ICJ itself
nly binds the
do not create binding -precedent since
parties and in respect of the particular CESTICJ Statute,
art. 59].
• Teachings of publicists may include the work of
organizations such as the International Law
Commission (a UN body) and private institutions.
1. TREATIES
Definition of Treaty
A treaty is an international agreement conclUded between
states in written form and governed by international law,
whether embodied in a single instrument o in two or more
related instruments and whatever its particular
designation." [VCLT, art. 2(1)]
Requisites of a Treaty
1. Must be concluded between States
(3) In written form
(4) Governed by International Law
(5) Must be embodied in a single i strum nt or in two or
more related instruments
Treaty Obligation based on Consent
Treaty obligation is based on consent. N • state may be
bound by a treaty obligation unless it has Sc consented.
[VCLT, art. 34]
Pacta sunt Servanda
Page 282 of 320
POLITICAL LAW
Unde the principleof pacta sunt servanda, a state party to
a trea is bound to comply with the obligations it assumed
under such treaty in good faith. [VCLT, art. 26]
2. Cu torn
Defini ion
Gene I and consistent practice of States followed by them
from sense of legal obligation. (Restatement (Third) of
Forei Relations Law of the Unites States)
k
Elem its of International Custom
1. St ite Practice (DUG) - A consistent and uniform
e ernal conduct of States. Generally, both what
St 'tes say and what they do are considered State
pr
. Duration of practice
. Uniformity, consistency of practice
generality (majority of specially affected States)
2. 0 INIO JUR1S SIVE NECESSITATIS (OPINIO
JU IS) - As an element in the formation of customary
no in international law, it is required that States, -in
the r conduct amounting to general practice, must act
ou la sense of legal duty and not only by the motivation
of lourtesy, convenience or tradition.
Not on y must acts amount to a settled practice, but they
must a so be such or be carried out in such away, as to be
eviden e of a belief that this practice is rendered
obligi ory by the existence of a rule of law requiring it.
(Intern tional Court of Justice in the North Sea Continental
Shelf oases, cited in Mijares v. Ranada, G.R. No. 139325,
2005)
Unlike, eaties, customary norms are legally binding upon
all Stat s regardless of whether they consent, subject to
the per istent objector rule [infra].
No pa lcular length of time is required for the formation of
custom ry norms so long as the existence of the two
elemen s of custom are manifest [North Sea Continental
Shelf Cases (ICJ, 1969)]
The number of parties, the explicit acceptance of rules of
law, and, in some cases, the declaratory nature of the
provisiOs produces a strong law-creating effect at least as
great as the general practice considered sufficient to
suppon a customary rule [BROWNLIE].
Element of State Practice
The prSctice must be consistent and general. However,
consist Incy requires substantial uniformity and not
necess, rily complete uniformity in practice [Asylum Case
(ICJ, 1950)]. Generality likewise does not require
univers lity.
ATENEO CENTRAL
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Evidence of State practice
The following acts may evidence state practice:
(1) Diplomatic correspondence;
(2) Policy statements;
(3) Press releases;
(4) Opinions of official legal advisers;
(5) Official manuals on legal decisio s (executive
decisions and practices, and governm nt comments
on drafts by the ILC);
(6) International and national judicia decisiohe;
(7) Recitals in treaties and intematiohal instifuments;
(8) Practice of international organs [HARRIS]
UN General Assembly resolutione are enerally just
recommendations. However, such resolutions may be an
evidence of state practice that is releVant in the
development of custom. [See Nicaradua Case (ICJ, 1986)]
Element of Opinio Juris sive Necessitates (Opinion of
Law or necessity)
This refers to the belief on the part of states that a particular
practice is required by law, and not because bf courtesy or
political expediency [North Sea Continental Shelf Cases
(ICJ, 1969)].
It is the existence of opinio juris that distinguishes binding
custom from mere usage, from comity, and from courtesy
or protocol.
Scope
Custom may be:
(1) General, which is binding upon al or mo t states; or
(2) Particular, which is binding only between two or among
a few states.
• The ICJ has recognized the possibility of regional custom
[Asylum Case (ICJ, 1950)1and ofbilateral cutom [Right of
Passage over Indian Territory Case (lCJ, 191 0)].
Principle of Persistent Objector
When a State has continuously objected to a new
customary norm at the time when it is yet in the process of
formation, by such persistent objection the nofni will not be
applicable as against that state [MAGALLON
Principle of Subsequnt Objector
The court in the Anglo-Norweigan Fisheries c se stated, "if
a substantial group of states assehs a 06 rule, the
momentum of increased defection, complemented by
acquiescence, may result in a new ru e... If the process is
slow and theither the new nor the old rule has an
overwhelming majority of adherents, the consequence is a
network of special relations based on opposability,
acquiescence and even perhaps historic title"
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POLITICAL LAW
Regiorial Custom
A practice among states within a particular area for the
world Which can be sufficiently well established and
accepteçi as law that is binding among the states of that
region bit not elsewhere.
Instant Custom (Diritto Spontaneo)
Custom ry law may emerge even within a relatively short
period of time, if within that period, State practice has been
uniform end extensive. It comes about as a spontaneous
activity pf a great number of States supporting a specific
line of action.
1
Special or Local Custom
A long Continued practice between 2 States, accepted by
them as regulating their relations that form the basis of
mutual tights and obligations. (Right of Passage case
Portugal v India)
Philippine Context: Customary norms identified by the
Suprerne Court
1. Rule and principles of land warfare and of
humanitarian law under the Hague Convention and the
Geneva
, Convention [Kuroda v. Jalandoni (1949)1;
2. Pacta sunt servanda [La Chemise Lacoste v.
Fernandez (1984)];
3. Human rights as defined under the Universal
Declaration of Human Rights [Reyes v. Bagatsing
(1983)];
4. The 1 principle of restrictive sovereign immunity
[Sanders v. Veridiano (1988)];
5. The Principle in diplomatic law that the receiving state
has the special duty to protect the premises of the
diplornatic mission of the sending state [Reyes v.
Bagatsing (1983)];
6. The Iright of a citizen to return to his own country
[MarCos v. Manglapus (1989)];
7. The principle that "a foreign army allowed to march
through friendly country or to be stationed in it, by
perm ssion of its government or sovereign, is exempt
from criminal jurisdiction of the place" [Raquiza v.
Bradford (1945)];
8. The 'Principle that judicial acts, not of a political
comp exion of a de facto government established by
the ry. ilitary occupant in an enemy territory, are valid
underl international law [Montebon v. Director of
Prisohs (1947)];
9. The phnciple that private property seized and used by
the Onemy in times of war under circumstances not
constituting valid requisition does not become enemy
propeity and its private ownership is retained, the
enemy having acquired only its temporary use
[Noceda v. Escobar (1950)];
10. The principle that a State has the right to protect itself
and its revenues, a right not limited to its own territory
ATENEO CENTRAL
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but extending to the high seas [Asaali Y1 Commissioner
(1968)].
3. General Principles of Law
Definition
Principles based on natural justice common to most
national systems of law. These refer tt those general
principles in municipal law (particularly those of private
law) that may be appropriated to apply to the relations of
states [OPPENHEIM]. (e.g., good [faith, estoppel,
exhaustion of local remedies, unjust enric irnent).
The ban on enforced disappearance is a generally
accepted principle of international law which is considered
part of the law of the land (Razon v. r gifts, G.R. No.
182498, 2009). Note, however, that RA 10353 (An Act
Defining and Penalizing Enforced or Involuntary
Disappearance) was passed on Decembe 21, 2012.
The Yogyakarta Principles (the Application of International
Human Rights Law In Relation to Sexuai Orientation and
Gender Identity) has not yet evinced an o rgatory norm in
the Philippines. There are declarations and obligations
outlined in said Principles which are not eflective of the
current state of international law, and do idt find basis in
any of the sources of international law-en merated under
Article 38(1) of the Statute of the International Court of
Justice.,(Ang Lad/ad LGBT Party it. COMELEC, G.R. No.
190582,2010).
The following principles are considered gi neral principles
of international law:
Roman law principles;
1. Principles such as estoppel, res judicata, res inter alios
acta, and prescription; e.g. With respect to estoppel,
when Thailand did not object to, and has in fact
benefited from, the Treaty of 1904 for 60 years, it is
deemed to have accepted sa d treay1 It is thereby
precluded from questioning Annex I thereof, which
showed that the Temple of Preah Viear was within
Cambodian territory [Temple of Preai Vihear Case
(ICJ, 1962)].
2. Other substantive principles, such as the duty to make
reparations [Chorzow Factory Case (PCIJ, 1927)],
principle of reciprocity, pacta sunt sery ride, separate
corporate personality [see Barcelona Traction Case
(ICJ, 1970)];
3. Procedural rules, such as rules goveriiing the use of
circumstantial and hearsay evidence are likewise so
considered. e.g. Press recoils can be used to
corroborate the existence of a fact. When they
demonstrate matters of public knowledige which have
received extensive press coverage, thy can be used
to prove a fact to the satisfaction lid the court
[Nicaragua Case (ICJ, 1986)].
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POLITICAL LAW
4. C rcumstantial evidence is admitted as indirect
ev.idence in all systems of law and its use is recognized
by international decisions. Such circumstantial
eyidence, however, must consist of a series of facts or
eyents that lead to a single conclusion ,[Corfu Channel
Case (ICJ, 1949)].
5. Atrisdictional principles, such as the power of a
tribunal to determine the extent of its own jurisdiction
(competence de la competence).
Secondary Sources:
4. Jus icial Decisions
A subsidiary means for the determination of rules of law
that aiie acceptable so long as they correctly interpret and
apply 'international law.
Decisions of national courts, when applying international
law, are acceptable.
StarelDecises does not Apply
The bC1J Statute directs the Court to apply judicial decisions
as subsidiary mean for the determination of the rules of
law,,br this is made subject to Art. 59 of the same statute,
which I States that, 'the decisions of the court have no
bindin9 force except between the parties and in respect of
that p rticular case".
5. Teachings of the Most Highly Qualified Publicists
(1W Statute, art. 38)
The yyord 'publicist' means 'learned writer.' Learned
writings, like judicial decisions, can be evidence of
custor,ary law, and can also play a subsidiary role in
develci ing new rules of law.
Highlyilqualified publicists are writers whose main value
depends on the extent to which their books and articles are
cited as works of scholarship (i.e based on thorough
research into what the law is said to be (lex lata) rather
than comparing the views of other writers as to what they
think the law out to be (lex ferenda).
Requisites For A "Highly Qualified Publicist"
1. Fair and impartial representation of law.
2. Acknowledged authority in the field.
D. SUBJECTS
Subject of International Law
It is an entity that has rights and responsibilities under internatic
law and which has the capacity to maintain its rights by bring
intemat'onal claims. (NACHURA)
Examp es:
1. States
2. Colonies and dependencies
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3. Mandates and trust territories minimum land area is required.(Montevideo

4. Belligerent communities Corivention, art. 1)
5. International administrative bod es;
6. The United Nations Modes of Acquiring Territory
7. The Vatican and the Holy See There re four modes of acquiring territory. The first two
are orig nal modes while the last two are derivative modes.
Object of International Law (1) Occupation — Occupation refers not to mere
It is a person or thing indirectly vested with rights and discovery, but to effective exercise of sovereignty over
obligations in the international order a territory which is terra nullius (i.e., not subject to the
sovereignty of any other state). It is the acquisition of
territory that is terra nullius by any State which has the
Subjects and Objects, Distinguished intention to claim sovereignty and occupies that
SUBJECT , OBJECT terri ory by exercising effective and continued control.
(2) Acc ssion or accretion — Accession or accretion is
Has rights and duties Does not have rights and the iatural process of land formation resulting in the
under international law. duties but arej merely the incr ase of territory.
object of subject's rights (3) Ces ion — Cession means the transfer of territory
and duties. from one state to another by treaty (derivative). It is the
1 only bilateral mode of acquiring territorial sovereignty.
Directly governed by the Indirectly governed by the (4) Pre cription — Through prescription, title is acquired
rules of international law. rules of internPtional law. by continuous and-undisturbed exercise of sovereignty
It can be a proper party in Its rights are eceived and overi; period of time.
transactions involving the its ob igation imposed , (5) Con uest — the taking of a territory of another
application of international indirectly tnrough the sove eign by force of arms. Conquest is generally
law among members of the instrurnentalitY . of an accepted to have been outlawed as aggression and
international community. international agency. viola ive of the prohibition on the use of forece and
territ rial integrity. [See Definition of Aggression, UN
GA Res. 3314 (XAX) (1974)
States
State, as a subject of international law, has nternational personagiOssifi ation of States
which means that it has the right to have its claims respectO Sov reign States — those enjoying full membership
internationally. A State has absolute personl ty. in th international community
2. Neutralized States — those upon which the status of
i
Under the Constitutive Theory, stateho d is objective, not per anent neutrality was formally imposed
subjective. Recognition does not bestow Statehood. A State is3p Dependent States — those that have practically
state under international law if it meets certain basic criteria. complete control of their domestic affairs while they
have been subject to a greater or lesser degree of
Elements of a State: GSPoT dependence upon another State in respect of their
1. Government — the physical manifestat on of a state. contibl over their relations with third States
Government must be organized, exerbising control 4. Confederation and Union — States which are
over and capable of maintaining law anJ order within assobiated for certain specific purposes:
its territory (a) Feal Union —2 or more severally sovereign States
2. Sovereignty or the capacity to enter into relations with h ve the same monarch and for international
other States p rposes act as one State
3. Permanent Population — The popula ion does not (b) F deral States — control of the external relations
have to be homogeneous racially, ethnically, tribally, at all the member States has been permanently
religiously, linguistically, or otherwise. But, it must be a silirrendered to a central government so that the
settled population, although the presence of certain only State which exists for international purposes
nomadic inhabitants does not mater. is the State formed by the union
4. Defined Ierritory — State territory is that defined (c) Confederation — though a central government
portion of the surface of the globe Nhich is subjected to exists and exercises certain powers, it does not
the sovereignty of the State. [OPPENHEIM] A state control all the external relations of the member
must exercise control over a certain area. It need not S ates, and therefore for international purposes
be exactly defined by metes and bound, so long as there exists not one but a number of States
there exists a reasonable certainty of identifying it. No

Page 285 of 320

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Effective government
! 1
General Rule: There must be a cenpal government
operating as a political body within the law of the land and
in effective control of the territory. [AUSTII,
Exception: The requirement of effective g yernment is not
strictly applied when the State, alreadV long-existing,
happens to undergo a period of civil strife Ce internal chaos
due to natural disaster or invasion
Failed State
One which has not had a government in Control of most of
the territory for several years. [AUST] A failed State does
not cease tabe a State. (See, e.g. Soma!! , which has not
had an effective government in years, but continues to be
recognized by the UN).
Further, some States were deemed States even before
their governments were very well-organized (e.g., Poland,
Burundi, and Rwanda).
Governments de facto and de jure
1. Government de jure: Government fro law, that is,
one with a colorof legitimacy.
2. Government de facto: One that goVerns without a
mandate of law. So long as it is in place, it may
command obedience from the inhabitants of the
occupied area. The de facto ruler ma)i suspend laws
and enact new ones.
" sit ation, treaty or agreement brought about by non-
Kinds of De Facto Governments
1. De facto Proper / Government by R volution: That
which usurps, either by force orithe will of the majority,
the legal government and maintains co trol against it;
2. Government by paramount force / Government by
Occupation: Results from the occupatiCri of a state or
a part thereof by invading forces in time of war; and
3. Government by Secession: Government established
as an independent government by innabitants of a
country who rise in insurrection aga nst the parent
state. [See Co Kim Cham v. Va dez Tarp Keh (1945)]
Jus Postlimium
Acts (executive, legislative, and judicial) d ne under the
control of a de facto government, When they are not of a
political complexion remain good even upon the restoration
of the legitimate government. [See Co Kim Chem v. Valdez
Tan Keh (1945)]
Recognition
Concept
Recognition is an act by which a state acknovvledges the
existence of another •state, government or belligerent
community and indicates willingness to dea with the entity
as such under international law.
Page 286 of 320
POLITICAL LAW
Reco;nition is not a legal duty
As a ublic act of state, recognition is an optional and
political act and there is no legal duty in this regard. (Note
that this is under the Declaratory School)
Two i ' iews:
1. Declaratory School: Recognition is a mere declaration
or acknowledgement of an existing state of law and
fact, legal personality having been previously
co ferred by operation of law. This is the prevailing
vi w.
2. C nstitutive School: The political act of recognition is
a recondition to thaexistence of legal rights of a state.
In its logical extreme, this is to say that the very
pa sonality of a state depends on the political decision
of other states. This is the ,minority view.
1
Doctri es on Recognition of de Facto Governments
1. Wi so/In-ober Doctrine: Also known as "Doctrine of
Legitimacy" or "Policy of Democratic legitimacy."
Ho ds that governments which came into power by
extra-constitutional means [e.g. revolution, civil war,
co p d'etat or other forms of internal violence] should
no be recognised, at least until the change had been
ac erited by the people. [After US President Wilson,
1913 and Ecuadorian FM Tobar ,(1907)]
2. Stinson Doctrine: Doctrine of not recognizing any
legtlt I means. Precludes recognition of any government
est blished as a result of external aggression. [After
US Sec. of State Henry Stimson (1932)]
3. Es rada 'Doctrine: States should refrain from
recognizing governments, as such are superfluous.
Change in government does not affect the change in
status of a state. This in effect results in the automatic
rec gnition of governments in all circumstances.
Po its that dealing or not dealing with the government
established through a political upheaval is not a
jud§ment on the legitimacy of the said government.
[After Mexican Minister Genaro Estrada (1930)]
[SH(6tWl
4. Soyereignty v. Independence
Soviereignty and Independence are different.
Sovereignty refers to the supreme and uncontrollable
power inherent in the state by which the State is
governed. Independence refers to the power of a State
to m, anage its external affairs without direction or
interference from another state
5. Principle of Auto-Limitation
The concept of sovereignty as auto-limitation is the
property of State-force due to which it has the
excl sive capacity of legal self determination and self-
restriction. Any State may, by its consent, express or
impl ed , submit to a restriction of its sovereign rights.
ATENEO CENTRAL
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The Concept of Association of States
An association is formed when two StatL of unequal
power voluntarily establish durable linksL n the basic
model, one State, the associate, dele ates certain
responsibilities to the other, the princ pal, WTI le maintaining
its international status as a State. However,' this concept is
not recognized under the present Constitution. The
Constitution does not contemplate any 1 State 1 in this
jurisdiction other than the Philippine State, iuch less does
it provide for a transitory status tha aims tb prepare any
part of Philippine territory for independence, (The Province
of North Cotabato v. GRP Panel on AnceStral Domains,
1
G.R. No. 183591, 2008).
Principle of State Continuity
The State continues as a juristic being notwithstanding the
changes in its circumstances, provided 0 y that such
changes do not result in the loss of any of its essential
elements.
Rights of States
1. Jurisdiction
2. Equality
3. Individual or collective Self-Defense
4. Independence
5. Legation (the right of the State to sen and receive
diplomatic missions, which enables States to carry on
friendly intercourse)
Duties of States
1. To carry out in good faith all its obligations;
2. To refrain from recognizing any territori l acquisition
by another State which resorts to war or to the use of
threat or force;
3. To refrain from giving assistance to an State which
resorts to war or threat or use of fdrce, or against which
the UN is taking preventive or enforcement actions
4. To conduct its relations with othe States in
accordance with International Law
5. To ensure that conditions prevail ng in ils territory do
not menace international peace and ord r
6. To refrain from resorting to war and the threat or use
of force
7. To treat all persons under its jurisdiction with respect
for human rights and fundamental rights, without
discrimination
8. To refrain from intervening
9. To settle its disputes with other States by peaceful
means
International Organizations
Definition
International organizations are created by , sovereign
States and whose functioning are regulated by
international law, not the law of any given c untry. They
Page 287 of 320
POLITICAL LAW
have functional personality which is limited to what is
necessary to carry out their functions as found in the
instruments of the organization.
Generally, special personality:
The sta us and powers of an international organization is
determi;ed 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
persona ity in this context is a relative concept.
[MAGALtONA]
Exception:
United Nations: The United Nations has objective
international personality. Its personality is binding on the
whole international community, including States who are
not UN members. [Reparations for Injuries Advisory
Opinion ICJ, 1949)]
Preconditions for international personality
1. It must constitute a permanent association of states,
with awful objects, equipped with organs;
2. There must be a distinction, in terms of legal powers
and purposes, between the organization and its
memher states; and
3. It must have legal powers that it may exercise on the
international plane and not solely within the national
systems of one or more states. [BROWNLIE]
National Societies
National societies such as the Philippine National Red
Cross act as auxiliaries to the public authorities of their
I
own countries in the humanitarian field and provide a range
of servic6s including disaster relief and health and social
programrs. National societies were held to be
organizat ons that are directly regulated by international
humanitarian law, in contrast to other ordinary private
entities, i cluding NG0s. The auxiliary status of a Red
Cross Society means that it is at the same time a private
institution and a public service organization, because the
very nature of its work implies cooperation with the
authorities, a link with the State. The PNRC, as a national
society ofj the International Red Cross and Red Crescent
Movement, can neither "be classified as an instrumentality
of the State, so as not to lose its character of neutrality" as
well as its independence, nor strictly be as a private
corporation, since it is regulated by international
humanitarian law and is treated as an auxiliary of the State.
(Liban v. Gordon, G.R. No. 175352, 2011)
ATENEO CENTRAL
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Individuals
Under modem international law, n indiVidual has limited
personality.
The question whether the Philippine goyernment should
espouse claims of its nationals against a foreign
government is a foreign relations matter the authority for
which is demonstrably committed by our Constitution not
to the courts but 'to the political branches. Iln the Comfort
Women Case, the Executive Department s decided that
it is to the best interest of the country to wive all claims of
its nationals for reparations against Japar n the Treaty of
Peace of 1951. The wisdom of such deci iOn 1
is not for the
courts to question; thus, said I determination by the
Executive Department cannot b9 questioned through a
petition for certiorari. (Vinuya v. Romulo G.R. No. 162230,
2010).
Special personality
Individuals may assume the status o'fH subjects of
international law only on the basis of agre ment by states
and in specific context, not in accordance With general or
customary international law. ' OVERVIEW
Examples
a. UNCLOS, art. 187(c)-(e) provides for jurisdiction of the
Sea-Bed Disputes Chamber of the ITLOS over
disputes between parties to contract relating to the
•exploitation of marine resources. arties to such
contracts may be natural or juridical persons.
b. The Claims Settlement Declaration of 1981 between
US and Iran provides for direct access to the Iran-US
Claims Tribunal to individuals for the settlement of their
claims involving more than $250,000 either against
Iran or the US.
c. The Mixed Claims Tribunals established in the Treaties
of Peace concluded at the end of World VVar I provided
for locus standi of individuals in action 'pgainst states
relating to contracts, debts, and proPerty adversely
affected by the war.
d. The London Agreement of the Inter atonal Military
Tribunal at Nuremberg, relating to crimes against
peace, war crimes and crimes ag irist humanity,
imposed duties and liabilities upon individuals as well
as upon states.
e. Convention on the Prevention and Punishment of the
Crime of Genocide, art. VI defined "parties charged
with genocide" as including individuals. [MAGALLONA]
f. The International Criminal Court has jUrisdiction over
individuals who commit genocide, ár roes against
humanity and war crimes, subject to Conditions under
the ICC Statute. [ICC Stat., art. 25(1) ir relation to art.
5]
Page 288 of 320
POLITICAL LAW
Corporations
"Interationalized contracts" between a foreign
corpo ation and a State gives the corporation limited
personality by invoking in international law the rights that
may be derived from the contract.
Incorplete Subjects
1. Pi-otectorates : Dependent states which have control
over their internal affairs but whose external affairs are
controlled by another state.
2. Federal State : Union of previously autonomous
entities. The central organ will have personality in
intemational law, but the extent of the international
personality of the component entities can be a
problem.
3. Mandate and Trust Territories : Territories placed by
the League of Nations under one or other of the
victorious allies of WWI.
E. JURISDICTION OF STATES
Definition
Jurisdiction means the power of a state under international
law to govern persons and property by its municipal law.
This may be criminal .or civil, and may be exclusive or
concurrent with other states. [HARRIS]
Kinds of Jurisdiction
a. Prescriptive jurisdiction refers to the power of a State
to Take its law applicable to the activities, relations, or
status of persons, or the interests of persons in things,
whether by legislation, by executive act or order, by
adrninistrativerule or regulation, or by determination by
a court.
b. Adjudicative jurisdiction refers to a State's
jurisdiction to subject persons or things to the process
of is courts or administrative tribunals, whether in civil
or h criminal proceedings, whether or not the state is a
pary to the proceedings.
c. Enforcement jurisdiction refers to a State's
.
jun.sdiction to enforce or compel compliance or to
punish noncompliance with its laws or regulations,
whether through the courts or by use of executive,
administrative, police, or other nonjudicial action.
Basis Of jurisdiction
(a) Territoriality Principle
The fundamental source of jurisdiction is sovereignty over
territory. A State has absolute, though not necessarily
exclusive, power to prescribe, adjudicate, and enforce
rules for conduct within its territory.
ATENEO CENTRAL
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(b) Nationality Principle
Every State has jurisdiction over its natio as even when
; the residence or domicile of parties or of its being the
those nationals are outside the State.
(c) Protective Principle
A State may exercise jurisdiction over conduct outside its
territory that threatens its security, is long ss that conduct
is generally recognized as crimina by the States in the
international community.
(d) Universality Principle
Recognizes that certain offenses are so he nous and so
widely condemned that any State, if it captures the
offender, may prosecute and puni0 that id; rson on behalf
of the international community, regardless of the nationality
of the offender or victim or where the crime ' as committed.
the choice of a forum which is not the natural or proper
forum, either on the ground of convenience of trial or
locus contractus, or locus solutionis. Its application is
discretionary on the part of the court. Forum
conveniens presumption is with the plaintiff. (Piper
Airc6ft Co. v. Reyno, 545 U.S. 235, 1981).
• Under the rule of forum non conveniens, a
Philippine court or agency may assume jurisdiction
over the case if it chooses to do so, provided: (1)
that the Philippine court is one to which the parties
may conveniently resort to; (2) that the Philippine
court is in a position to make an intelligent decision
as to the law and the facts; and (3) that the
Philippine court has or is likely to have power to
enforce its decision. (Manila Hotel v. NLRC, G.R.
No. 120077, 2000).

(e) Passive Personality Principle Reserved Domain of Domestic Jurisdiction

A State may apply law, particularly crimina ISW, to an act
committed outside its territory by a person cit its national
where the victim of the act was its national.
This principle has not been ordinarilY, accepted for ordinary
torts or crimes, but is increasingly abcepted Ss applied to
terrorist and other organized attacks on a State's nationals
by reason of their nationality, or to assasSination of a
State's diplomatic representatives of other officials.
It is the domain of state activities where the jurisdiction of
the state is not bound by international law. The extent of
this d ain depends on international law and varies
according to its development (i.e., when a norm crystallizes
into custom).
The reservation of this domain is without prejudice to the
use of enforcement measures under UN Charter, ch. VII.

Conflicts of Jurisdiction EXEMPTION FROM JURISDICTION

More than one State may have a yard claim to jurisdiction. (a) Act of State Doctrine
In order to resolve conflict, the following odes may be Courts of one country will not sit in judgment on the acts of
resorted to: the government of another in due deference to the
1. Balancing Test — Employed tripartitp analysis to independence of sovereignty of every sovereign State
determine whether to assume jursdictio or not: (PCGG v. Sandiganbayan, G.R. No. 124772, 2007).
a. Was there an actual or intended effect on the
State acquiring, jurisdiction? ; The Act of State doctrine is one of the methods by which
b. Is the effect sufficiently large to present a States prevent their national courts from deciding disputes
cognizable injury? which re ate to the internal affairs of another State, the
c. Are the interest and link to the State 'sufficiently other two being immunity and non-justiciability. It is an
strong, vis-à-vis those of other nations, to justify avoidande technique that is directly related to a State's
an assertion of extraordinary auth 'iffy? obligation to respect the independence and equality of
If the answer is yes to all, then the co ri will assume other States by not requiring them to submit to adjudication
jurisdiction. (Timberlane Lumber Co ,v. Bank of in a natidnal court or to settlement of their disputes without
America, 549 .F2d 597, 1976). their consent. It requires the forum court to exercise
restraint in the adjudication of disputes relating to
2. International Comity — If exercising juri diction will be legislative or other governmental acts which a foreign State
unreasonable, the State should refrain frlorn doing so. has performed within its territorial limits. (PCGG v.
Unreasonableness is determined !)y eva uating various Sandigarayan, G.R. No. 124772, 2007).
factors, such as the link of the activity to, e territory of
the regulating State, the connection such as (b) International Organizations and its Officers
nationality and residence. (Hartford Fire I t.Jrance Co. One of ; the basic immunities of an international
v. California, 509 US 764, 1993). organization is immunity from local jurisdiction, i.e., it is
immune from the legal writs and processes issued by the
3. Forum non conveniens — The principl s based on tribunals' of the country where it is found. The obvious
the real unfairness to one of the suitors in permitting reason fOr this is that the subjection of such an
Page 289 of 320
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organization to the authority of the local courts would afford
a convenient medium thru which the host dOvernment may
interfere in their operations or even influerCe, or control its
policies and decisions of the organization; besides, such
subjection to local jurisdiction would implthe capacity of
such body to discharge its responsibilitie hirnpartially on
behalf of its member-states. (Southeast Asian Fisheries v.
NLRC, G.R. No. 86773, 1992).
There are basically three propositions und dying the grant
of international immunities to inte ationa organizations.
These principles, contained in the ILO Memorandum are
stated thus:
1. International institutions should have a I status which
protects them against control or intererence by any
one government in the performance of unctions for the
effective discharge of which they are responsible to
democratically constituted international bOdies in which
all the nations concerned are represen 4d;
2. No country should derive any national financial
advantage by levying fiscal charges on common
international funds; and
3. The international organization should, s a collectivity
of States members, be accorded the acilities for the
conduct of its official business customa • y extended to
each other by its individual m niber States.
(International Catholic Immigration Commission v.
Calleja, G.R. No. 85750, 1990)
Doctrine of State Immunity
It refers to a principle by which a state, its, agents, and
property are immune from the jurisdiction of another state
[MAGALLONA].
This principle is premised on the juridical eqJality of states,
according to which a state may not impose its authority or
extend its jurisdiction to another state without the consent
of the latter through a waiver of imn-runity.
Thus, domestic courts must decline to hear cases against
foreign sovereigns out of deference to their role as
sovereigns.
Immunity may be:
1. Absolute sovereign immunity where a State cannot
be sued in a foreign court no matter what the act it is
&red for; or
L
2. Restrictive sovereign immunity, werb a state is
immune from suits involving governmental actions
(jure imperi'i), but not from those arising from
commercial or non-governmental activity (jure
gestionis).
Immunity cannot be invoked in commercial
transactions of ships owned and operated by a State
A State which owns or operates a ship cannot invoke
immunitY from jurisdiction before a court of another State
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POLITICAL LAW
Immunity as a customary norm
The principle of sovereign immunity from suits is a
custorrary norm of international law that holds, unless
waived by the state concerned.
Such i -nmunity applies even if the claim against the state
is for yiolation of a jus cogens norm in international law.
Furthermore, State assets are also immune from execution
in connection with such claim. [Jurisdictional Immunities of
the State Case (ICJ, 2012)]
Who determines immunity in the Philippines?
Under Philippine law, the DFA's function includes the
determination of persons and institutions covered by
diplomatic immunities. While exclusive to the DFA, the
DFA's determination is not conclusive. Even with a DFA
certification, however, the court is not precluded from
makind an inquiry into the intrinsic correctness of such
certification. [China Nat'l Machinery & Equipment Corp.
(Group) v. Sta. Maria (2012), or the Northrail Case]
Criminal Jurisdiction on board merchant 'ships and
government ships operated for commercial purpose
The criminal jurisdiction of the coastal State should not be
exercised on board a foreign ship passing through the
territorial sea to arrest any person or to conduct any
investigation in connection with any crime committed on
board t e ship during its passage. EXCEPTIONS:
1. if the consequences of the crime extend to the coastal
State;
2. if the crime is of a kind to disturb the peace of the
country or the good order of the territorial sea;
3. if the assistance of the local authorities has been
reqi.rested by the master of the ship or by a diplomatic
age,nt or consular officer of the flag State; or
4. if such measures are necessary for the suppression of
illicit traffic in narcotic drugs or psychotropic
substances.
Except as provided in Part XII (Protection and Preservation
of the Marine Environment) or with respect to violations of
laws an,d regulations adopted in accordance with Part V
(Excluslye Economic Zone), the coastal State may not take
any stePs on board a foreign ship passing through the
territorial sea to arrest any person or to conduct any
investigation in connection with any crime committed
before he ship entered the territorial sea, if the ship,
proceeding from a foreign port, is only passing through the
territorial sea without entering internal waters. [Article 27,
UNCLOS]
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in a proceeding which relates to the operat'0 i of that ship ownership used for the used exclusively for the
if, at the time the cause of action arose, the ship was used purpoe of the mission purposes of consular post.
for other than government non- commei ial purposes. including the residence
[Article 16, United Nations Convention o I.Jurisdictional of the head of mission.
Immunities of States and Their Property]
The consular premises, their
Immunity of warships from execution furnishings, the property of
A state's naval vessel may not be procee ed against to the consular post and its
answer for said state's financial liabi ities to third party. It means of transport shall be
stated that, "in accordance with general inteenational law, immune from any form of
a warship enjoys immunity" and that r41 act which requisition for purposes of
prevents by force a warship from d'scharg ng its mission national defense or public
and duties is a source of conflict that qtey endanger utility. If expropriation is
friendly relations among States." [Argent na v. Ghana necessary for such purposes,
(ITLOS, 2012)] all possible steps shall be
taken to avoid impeding the
BASIC PRINCIPLES OF DIPLOMATIC AN C, NOSULAR performance of consular
LAW functions, and prompt,
adequate and effective
compensation shall be paid to
Di lomatic And Consular Relations the sending State.
i
DIPLOMATS CONS LS
k The agents of the The agents of the receiving
Administrtive and receiving State may not State may not enter the
Political relations of the ti
economic is
i es of the enter premises . premises except with the
state except with the consent consent of the head of
statel'
of the , head of the consular post.
mission.
Right of Legation
The consent may be
The right of a state to maintain dip omatic relations with I assumed in case of fire or
other states. other disaster requiring
prompt protective action
Types
1. Active - right to send diplomatic representatives. The diplomatic bag shall The consular bag shall not be
2. Passive - right to receive diplomatic representatives. not be opened or opened or detained.
detained.
Diplomatic And Consular Immunities , Authorities may request that
• Personal Inviolability the bag be opened in their
• Inviolability/Immunity of premises , presence by an authorized
representative of the sending
• Right of protection
state if they have serious
• Immunity from local jurisdiction on the basis of reason to believe that the bag
international custom contains objects other than
• Exemption from taxes and personal serVi 6s articles, documents,
• Inviolability of means of communication correspondence or articles.
• Immunity from search of diplomat c bag ,
, A diplornrtic agent is not Members of the consular post
obliged o give evidence may be called upon to attend
DIPLOMATIC H 1 as witnesses.
CONSULAR IMMUNITY as a witriess.
IMMUNITY (Vienna
(Vienna Convention on
Convention on 1 If a consular officer should
Consular Re ations)
Diplomatic Relations) decline to do so, no coercive
I measure or penalty may be
"Premises of the "Consular premiss"- Include applied.
mission" - Include the the build ngs ot parts of
buildings or parts of buildings and the land • A diplomatic agent shall Members of the consular post
buildings and the land irrespective of ownership enjoy immunity from the shall enjoy immunity from the
irrespective of
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.I State rnmunity now extends only to acts jure imperil. When
jurisdiction of the jurisdiction oil the receiving
receiving State except in State ' in respect of acts the proceedings arise out of commercial transactions of the
case of: performed in I the exercise of foreign sovereign, its commercial activities or economic
consular func ion except in affairs such are jus gestionis, which are not covered by
1. Real action relating
case cf: immunity. However, it does not apply where the contract
to private immovable
relates to the exercise of its sovereign functions (USA v
property Exception: 1. Civil action arising out of
Guinto, G.R. No. 76607, 1990).
He holds it on behalf a cOntract oncluded by a
of the sending State peiJson ho did not
for the purpose of the contract expressly or Doctrine of Sovereign Immunity
mission impliedly s an agent of Immunity from jurisdiction is enjoyed by both the head of
2. Actions for thesendin State State and by the State itself.
succession 2. Civil actioh by a third
3. Professional or party for damage arising Process of Suggestion
commercial activity from an accident in the In the Philippines, the practice is for the foreign
receiving State caused by government or the international organization to first secure
a I vehicle vessel or an executive endorsement Of its claim of sovereign or
aircraft diplomatic immunity. The DFA has made the endorsement
throug the following:
I 1. A letter that the defendant cannot be sued because
Diplomatic v. ConsularImmunity it has diplomatic immunity (International Catholic
The Agreement between the Asian beveiopment Bank and Migration Commission v. Calleja, G:R. No. 85750,
the Philippines only provides officers and staff of the bank 1990).
immunity from legal process with reipect tO acts performed 2. A manifestation in Court and memorandum as
by them in their official capacity, exceptti when the Bank amicus curiae (Baer v. Tizon, G.R. L-24294, 1974).
waives the immunity. Slander cannot be considered as
falling within the purview of the immunity g anied since it is The fact that the Solicitor General has endorsed a claim of
not an act performed in an official capacity. (Jeffrey Liang a State's immunity from suit does not sufficiently substitute
v. People of the Philippines G.R. No. 12565, 2001) for the DFA certification (GTZ v. CA, GR No. 152318,
2009).
The establishment of a diplomatic misskn as well as its
upkeep and maintenance are acts jure imperil. Hence, the The determination by the department is considered a
State may enter into contracts With private entities to politica question that is conclusive upon Philippine courts.
maintain the premises, furnishings, and equipment of the
embassy and the living quarters of ts agents and officials. Immunity of Foreign Armed Forces
(Rep. of Indonesia v. Vinzon, G.R. o. 154'705, 2003).
The rule in international law is that foreign armed forces
allowed to enter one's territory are immune from local
State And Diplomatic Immunity jurisdiction, except to the extent agreed upon. The Status
of Forces Agreements involving foreign military units
Immunity around the world vary in terms and conditions, according
General Rule: The jurisdiction of a State within its territory to the s tuation of the parties involved and their bargaining
is complete and absolute. power. (Nicolas v. Romulo, G.R. No. 175888, 2009).
Exceptions: Sovereign immunity ad diplomatic
immunity. F. GENERAL PRINCIPLES OF TREATY LAW

State Immunity Definition

The State may not be sued without its c nsent. This is
based on the principle of par in parem non abet imperium
(an equal has no power over an eqdal).
Scope of State Immunity
1. Absolute
2. Qualified immunity or restrictive application of
State immunity.
It is an i ternational agreement concluded between States
in writte form and governed by international law, whether
embodied in a single instrument or in two or more related
instruments, and whatever its particular designation
(Vienna Convention on the Law of Treaties, art. 2).
Under the VCLT, the term "treaty" includes all agreements
between states, regardless of how they are called. Thus,
for purposes of international law, treaties, executive
agreements, exchanges of notes, etc., are all treaties.

Page 292 of 320

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Presiddnt, but only the Senate (AKBAYAN v. Aquino, G.R.

Effect of an Unwritten Treaty
1. Convention rules on Matters governed by international
law independently of convention shall tiply;
2. Convention rules apply to the RelatiOnd of states as
between themselves under international agreement
with other subjects as parties; arid
3. Has Legal force
Treaty v. Executive Agreement
No. 171516, 2008).
The signing of a treaty is composed of two separate and
distinct processes to which each requires the exclusive
prerogdtive and act of the executive and legislative. One is
the sighing of the treaty which is handled by the executive
department during the negotiation stage. The other is the
ratification stage where the president ratifies a treaty but
with the concurrence of 2/3 of the Senate.

EXE6UTIVE It is with 'n the power of the President to refuse to submit a

TREATY
SUBJECT MATTER: (PNP)
1. Political issues
2. Changes in National
policy
3. International
arrangements of a
Permanent character
Must be ratified by 2/3 of the Does not reed to be
Senate to become valid and ratified by the Senate.
effective (1987 Constitution,
art. 7, §21).
treaty to the Senate or, having refused its consent for
AGREEMENT
ratification, refuse to ratify it. The Senate's role is limited
1 only to giving or withholding its concurrence to the
SUBJECT MiNTTER:
(TITA) ratification. The Senate cannot, by mandamus, compel the
1 executiVie to transmit a treaty for concurrence (Pimentel v.
1. Arranger;nts of
Tempora nature Executive Secretary, G.R. No. 158088, 2005).
2. Implemerrtion of
treaties a statutes EDCA rlemained within the parameters set by the two
3. Transitory effectivity treaties (the MDT and the VFA). Mere adjustments in detail
4. Adjustml1l nt of details to implejnent the MDT and the VFA can be in the form of
carrying 1 1 out executi e agreements. The ''activities" referred to in the
establisld national MDT are meant to be specified and identified in further
policies a d traditions agreements. EDCA is an example of such agreement The
Presidt's choice to enter into EDCA by way of executive
agreem nt is in view of the vast constitutional powers and
prerogatives granted to him in the field of foreign affairs.
(Saguisag v. Executive Secretary, G.R. Nos.
2124261212444, 2016)

There is no hard and fast rule on the propriety of entering,
on a given subject, into a treaty or an execut ve agreement
as an instrument of international relationd. The primary
consideration in the choice of the form of ag eement is the
parties' intent and desire to craft an international
agreement in the form they so wish to further their
l Persons exempted from showing full powers
respective interests. The matter of form tak s a back seat
when it comes to effectiveness and binding effect of the
enforcement of a treaty or an executive agreelment, as the
parties in an international agreement eacl labor under
the pacta sunt servanda principle. (Bay h, Muna V.
Romulo, G.R. No. 159618, 2011).
Power to Negotiate and Senate Concurre ice
In the realm of treaty-making, the President has the sole
authority to negotiate with other States. I follows that
Congress, while possessing vast legislative powers, may
not interfere in the field of treaty negotiationd While Article
VII, Section 21 provides for Senate concu rrence, such
pertains only to the validity of the treaty under
consideration, not to the conduct of negotiat ns attendant
to its conclusion. Moreover, it is not even C gress as a
whole that has been given the authority to concur as a
means of checking the treaty-making power of the
Page 293 of 320
Full Porrs
The authority granted unto a representative of the state to
enter intb, negotiate, sign and seal a treaty. This shall be
made bl the President or the Secretary of the DFA, whel
delegated. (E.0 No. 459)
1. Secretary of the DFA
2. Heads of Philippine diplomatic missions (for the
purpbse of adopting the text of a treaty or an
agreement between the Philippines and the State to
which they are accredited);
3. Repiiesentatives accredited by the Philippines to an
international conference or to an international
organization or one of its organs, for the purpose of
adopting the text of a treaty in that conference,
organization or organ (E0 No. 459)
Requisites for Validity
1. Treaty making capacity, which is possessed by all
states as an attribute of sovereignty. International
organizations also possess treaty- making capacity,
althoi.igh limited by the organization's purpose;
2. Competence of the representative/organ making the
treaty, which may be the head of state, which generally
ATENEO CENTRAL
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has full powers, or other Oersons called
plenipotentiaries, which must produce an instrument
showing authority to sign a treat binding their
government;
3. Consent freely given by the parties f consent was
given erroneously, or was induced by fraud, the treaty
shall be voidable;
4. Object and subject matter, wh ch mus be lawful;
5. Ratification in accordance with th constitutional
process of the parties concerned.
In addition to the constitutional 'requirement,
ratification is necessary under i ternat nal law when:
1. The treaty provides for consent to b expressed by
means of ratification;
2. It is othervdse established that the n °hating• states
agreed that ratification should be reqU red;
3. The representative of the state has s gned the treaty
subject to ratification [VCLT, art. 14(1 L that is, when
the intent was to make it subject to ratification.
Treaty-making process
1. Negotiation. The state representative I discuss the
terms and provisions of the traty.
2. Adoption. When the form and content have been
settled by the negotiating states, the treaty is adopted.
This is only preparatory to (1) the authentication of the
text of the treaty and (2) the signing thereof. [VCLT,
art. 9]
L
3. Authentication. A definitive text o the treaty is
established as the correct and authent cone;
4. Expression of consent. The state ;parties express
their consent to be bound by the terMs of the treaty.
The modes of such expression are provided in the
VCLT.
5. Registration. The treaty is then rep tered with the
Secretariat of the United 5 Nations:, Otherwise, the
treaty may not be invoked before any UN organ [UN
Charter, art. 102(2)] including the ICJ.
In the Philippines, the negotiation of tre ties and their
ratification are executive functions, subject o concurrence
of the Senate.
Consent to be bound by the terms of a eaty may be
expressed through:
1. Signature, when the negotiator is authoi- zed to sign the
treaty. This signature is sufficient to bind t e state under
the treaty if:
a. The treaty provides that signature shall have that
effect;
b. It is otherwise established that the negotiating states
agreed that signature should ha e that effect; or
c. The state can be shown to have had the intention to be
bound by the signature (e.g., based on the powers of
Page 294 of 320
POLITICAL LAW
its representative) (Article 12(1), VCLOT);
Practice of Altemat
Aniangement under which each negotiator is allowed to
sign first on the copy of -the treaty which he will bring
hone to his own country, the purpose being to preserve
th formal appearance of equality among the
I,
contracting states and to avoid delicate questions of
precedence among the signatories.
Eflect of Signature with respect to Ratification
Signature does not create an obligation to ratify.
Ob igation not to Defeat the Object and Purpose of
aTreaty ,before its Entry into Force
A State is obliged to refrain from acts which would
defeat the object and purpose of a treaty when:
2. it has signed the treaty or has exchanged
instruments constituting the treaty subject to
ratification, acceptance or approval, until it shall
have made its intention clear not to become a party
to the treaty; or
3. it has expressed its consent to be bound by the
treaty, pending the entry into force Of thetreaty and
provided that such entry into force is not unduly
delayed. (VCLT, Art.18)
2. Ratification , the formal consent to the treaty given by
the head of state, sometimes in conjunction with the
leg slature;
1. Exchange of instruments constituting the treaty;
2. Acceptance;
3. Approval;
4. Accession, the method by which a state, becomes
a party to a treaty of which it is not a signatory and
in the negotiation of which it did not lake part;
Kinds,iof Accession
1. Ac ession proper— non-signatory becomes a party to
all the provisions of the treaty
2. Adhesion or Adherence: non-signatory becomes a
party in some of the provisions of the treaty
Interpretation of Treaties
1. Ac uality — based on actual text
2. Natural and Ordinary meaning
3. Intgration — interpreted as a whole;
4. Effectiveness — based on object and purpose
5. Subsequent Practice
6. Contemporaneity — interpreted in light of linguistic
usage current at the time when the treaty was
concluded
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Travaux Preparatoires
The 'preparatory work; of a trety the ,contains its
legislative history. It is used as a supplementary means of
interpretation of a treaty. (VCLT, Art: 32)
Amendment or modification of treaty
General rule: Consent of all the parties is r quired.
Exception: If the treaty itself so allows, to 'states may
modify a provision only insofar as their relationship inter
se.
Reservations
General rule: A reservation is a uniloteral statement made
by a state upon entering a treaty and operates to exclude
or modify the legal effect of certain provisior#S of the treaty
in their application to the reserving state. [VCLT, art. 19]
Exceptions: A reservation shall not operate to modify or
exclude the provisions of a treaty:
1. Where the treaty expressly prohibits servations in
general;
(6) Where the treaty expressly prohibits that specific
reservation being made; or
(7) Where the reservation is incompatible ith the object
and purpose of the treaty. (Rese ation to the
Genocide Conventions Advisory Opinion (ICJ, 1951)]
Invalid treaties
1. If the treaty violates a jus cogens norm of international
law;
2. If the conclusion of a treaty is procured by threat or use
of force; 1,
3. Error of fact, provided that such fact formed an
essential basis of a state's consent to b bound;
4. If the representative of a state was corrupted to
consent by another negotiating state;
5. If consent was obtained through fraudulent conduct of
another negotiating state;
6. If the representative consented in violation of specific
restrictions on authority, prov ded' he restriction
was notified to the other negotiat ng states: prior to the
representative expressing such consent '
7. If consent was given in violation of rovisions of
internal law regarding competence to con ude treaties
that is manifest and of fundamental rnportance.
[VCLT]
Grounds for termination
1. Expiration of the term, or withOrawal fa party in
accordance with the treaty;
2. Extinction of a party to the treaty, when the treaty rights
and obligations would not devolve upon the successor-
state;
3. Mutual agreement of parties;
4. Denunciation or desistance by a party;
5. Supervening impossibility of performance;
Page 295 of 320
POLITICAL LAW
6. Conclusion of a subsequent inconsistent treaty;
7. Loss of subject matter;
8. Material breach or violation of treaty
9. Fundamental change in circumstance (similar to the
customary norm of rebus sic stantibus) such that the
fou dation upon which the consent of a state to be
bound initially rested has disappeared. [VCLT, art. 62].
The requisites are:
a. The change is so substantial that the foundation of
the treaty has altogether disappeared;
b. The change was unforeseen or unforeseeable at
the time of the perfection of the treaty;
c. The change was not caused by the party invoking
the doctrine
d. The doctrine was invoked within a reasonable
time;
e. The duration of the treaty is indefinite;
f. The doctrine cannot operate retroactively (it must
not adversely affect provisions which have already
been complied with prior to the vital change);
10. Outlireak of war between the parties, unless the treaty
relates to the conduct of war;
1
11. Severance of diplomatic relations, if such relationship
is inaispensable for the treaty's application;
1
12. Jus cogens
1 application, or the emergence of a new
peremptory norm of general international law which
i
renders void any existing, conflicting treaty.
Pacta Sunt Servanda
Every treaty iin force is binding upon the parties to it and
must b4 performed by them in good faith. (Vienna
Convention on the Law of Treaties, art. 26).
A state can avoid performance if the treaty collides with its
Constitution, but it cannot escape liability that it may incur
as a result of such non-performance.
From the perspective of public international law, a treaty is
favored over municipal law pursuant to the principle of
pacta sunt servanda. A party to a treaty is not allowed to
invoke the provisions of its internal law as justification for
its failure to perform a treaty. Nevertheless, as far as the
Court is concerned, a treaty is always subject to
qualification or amendment by a subsequent law, or that, it
is subject to the police power of the State (Lim v. Executive
Secretary, G.R. No. 151445, 2002).
Rebus Sic Stantibus
General Rule: A fundamental change of circumstances is
not a ground for a treaty to be suspended or terminated.
Exceptio s:
1. The c rcumstance is the essential basis- of consent.
2. The obligation is transformed radically that it becomes
burdensome or unreasonable.
ATENEO CENTRAL
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Exceptions to the Exceptions:
A. If the treaty establishes a boundary;
B. If the fundamental change is the resu t of a breach by
the party invoking it either of an obligation under the
treaty or of any other international ob igation owed to
any other party to the treaty. (Vienna Convention on the
Law of Treaties, art. 62)
Rebus sic stantibus is an exception to the r eof pacta sunt
servanda.
Grounds for invalidity of a Treaty: DJ-FEC
1. Duress
2. Jus cogens
3. Fraud
4. Error of fact
5. Corruption
Clean Slate Rule
General Rule: When one State ceases to exist and is
succeeded by another on the same terntory, the newly
independent State is not bound to maifite o, in force, or
become a party to, any treaty made by I ts predecessor
although, at the date of succession of States, the treaty
was in force with respect to the territori to which the
succession of State relates. (Vienna Co' vention on the
Succession of States in Respect of Treaties att. 16)
Exceptions:
1. When the new State agrees to be bound by the treaties
made by its predecessor.
2. Treaties affecting boundary regime (uti possidetis
juris).
3. Customary international law.
G. DOCTRINE OF STATE RESPONSIBILITY
Definition
State responsibility is a fundamentel principle of
international law whereby a State, either by an act or
omission, has breached an international obligation in force
and incurs, in the absence of circumstanbes precluding
wrongfulness of its conduct, certain legal consequences
for the internationally wrongful act attitUtable to it,
including the obligation to cease the wrong !.i ,conduct and
make such full reparation of any mater!al and moral
damage to the injured State or States as is reasonably
adequate depending on the merits of the case in question.
(Boczek, The A to Z of International Law, 121, 2010).
Every internationally wrongful act of a state entails the
international responsibility of that State [Andes on State
Responsibility ("ASR"), art. 1]
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POLITICAL LAW
Elements
There is an intemationally wrongful act of a state when the
conduct consisting of an action or omission:
1. Is attributable to the State under international law; and
2. Constitutes a breach of an international obligation of a
State. [ASR, art. 2].
The characterization of an act of a state as internationally
wrongfi.il •is governed by international law. Such
characterization is not affected by the characterization of
the same act as lawful by internal law. [ASR, art. 4]
Attribution
the following acts are attributable to States, i.e. States may
be held internationally responsible for them:
1. Conducts of organs of a state (art. 4);
2. French secret service agents conducted undercover
operations which led to the sinking of the Dutch-
registered Greenpeace ship Rainbow Warrior. France
atitted responsibility. (Rainbow Warrior Case);
3. Conducts of persons or entities exercising elements of
goernmental authority (art. 5);
4. A tate is responsible for damage suffered by a
foreigner as the restilt of acts or omissions of
autonomous institutions exercising public functions of
a legislative or administrative character, if such acts or
omissions contravene the international obligations of
the State. (League of Nations, Conference for the
Codification of International Law, Bases of Discussion)
5. Conducts of organs placed at the disposal of.a state
by another state (art. 6); A section of the health service
or dome other unit placed under the orders of another
coiintry to assist in overcoming an epidemic or natural
disaster, or judges appointed in particular cases to act
as judicial organs of another State. (Draft articles on
Responsibility of States for Internationally Wrongful
Acts, with commentaries)
6. Acts done in excess of authority or in contravention of
instructions (ultra vires acts) (art. 7); Two Mexican
military officers, having failed to extort -money from
Cake, a French national, killed the latter. Such acts
were deemed attributable to Mexico. (Caire Case)
7. Conduct directed or controlled by a state (art. 8);
Thd United States was responsible for the "planning,
direction and support" given by the United States to
Nicaraguan operatives. (Nicaragua Case)
8. Conduct carried out in the absence or default of the
offidial authorities (art. 9);
9. The acts of the Revolutionary Guards or "Komitehs" in
performing immigration, customs and similar functions
at Tehran airport immediately after the revolution in the
Islamic Republic of Iran was attributable to the Islamic
Republic of Iran, on the basis that, if it was not actually
authorized by the Government, then the Guards at
least exercised elements of governmental authority in
the absence of official authorities, in operations of
ATENEO CENTRAL
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which the new Government must have I-iad knowledge Provides' a higher Presents lower threshold
and to which it did not specifically object. (Yeager v
threshold for attribution. for attribution.
Iran)
10. Conduct of insurrectional or other movements (art. 10);
A general situation of There need not be a
11. An American citizen, emploYed by an American dependence and support showing of actual or direct
company in Iran, alleged thet he was forcefully would thus be insufficient control.
expelled from Iran three days befo e the Islamic to justify attribution.
Revolutionary Government took offic and claimed
damages for his loss of emplqyment benefits. The When dealing with the When dealing with the
commission affirmed the principle hat where a matter of state matter of individual criminal
revolution leads to the establishme t of a new responsibility responsibility and the
government, the state is held responsib e for the act of application of the rules of
the overthrown government. (Short v international humanitarian
12. Conduct acknowledged and adopted by a state as its law (e.g. Prosecutor v
own (art. 11). I Tadic)
13. The policy announced by the Ayatolla Khomeini of
maintaining the occupation of the Embassy and the
detention of its inmates as hosteges for the purpose of IMPLICATIONS AND CONSEQUENCE OF STATE
exerting pressure on the US Government as complied RESPONSIBILITY
with by other Iranian authorities and endorsed by them A. Dub' to cease the act
repeatedly in statements made in vaious contexts
were attributable to the State. (United States The State responsible for the wrongful act is under the
Diplomatic and Consular Staff in Tehran) obligation to:
1. Ceeee the act if it is still continuing; and
Effective Control 2. Offer appropriate assurances and guarantees of
non-repetition [ASR, art. 30]
A state is responsible only for the acts of its organs and
per the Nicaragua case, for those non- staei actors over
B. Duty tO make reparations
which it exercised "effective control," that is it should have I I
instructions or provided the direction pursuant to which the The responsible State is under an obligation to make
perpetrators of the wrongful act acted. full reparation for the injury caused by the
internationally wrongful act.
I
In the 2007 Application of the Convention on the
Prevention and Punishment of the Crime of Genocide Injury includes any damage, whether material or moral,
case, the ICJ said the "over-all control i st" was only caused by the internationally wrongful act of a State.
relevant in in so far as the question of the characterization [ASR art. 311
of the Yugoslav conflict as an international rrned conflict
or whether or not the conflict has been inte ationalized; it The responsible State may not rely on the provisions of
is not relevant in so far but not to the task qf determining its internal law as justification for failure to comply with
whether a state is responsible for the acts of pertain non- its ob igations to make reparations. [ASR, art. 321
state organs involved in that same interne, tional armed
conflict. There are three forms of reparation:
a. Restitution
EFFECTIVE CONTROL OVER-ALL ONTROL b. Compensation
c. Satisfaction
Control must have been Control must have gone
exercised in respect to "beyond the mere financing Restitution
each individual act or and equippinb of such
A State responsible for an internationally wrongful act is
omission which constitutesforces" and fnust have under ar obligation to make restitution, that is, to re-
the breach. involved "paTipation in establish the situation which existed before the wrongful
the plannj g and
act was , committed, provided and to the extent that
The private persons or supervision of military restitution:
groups must have been operations." 1. Is not materially impossible;
mere agents of the state 2. Does not involve a burden out of all proportion to the
who were told what had to benefit of the party deriving from restitution instead of
be done at all stages. comriensation. [ASR, art. 35]

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Compensation
The State responsible for an internationa I wrongful act is
under an obligation to compensate for the amage caused
thereby, insofar as such damage is not Made good by
restitution.
The compensation shall cover any financ ally assessable
damage includingsloss of profits insofar as t is established.
[ASR, art. 36]
Satisfaction
The State responsible for an internationally wrongful act is
under an obligation to give sat sfaction for the injury
caused by that act insofar as it cannot be made good by
restitution or compensation.
Satisfaction may consist in an acknowle gement of the
breach, an expression of regret a foirnal apology or
another appropriate modality.
Satisfaction shall not be out of proportion tp the injury and
may not take a form humiliating to the reeponsible State.
[ASR, art. 37]
ADDITIONAL DISCUSSION ON TREATMENT OF
ALIENS
STANDARD OF TREATMENT
Protection Of Aliens 1 standard in contrast to the
As an aspect of sovereignty, no State is obliged to admit
aliens into its territory unless a treaty regime§
i it. However,
practically speaking, it is difficult to deny 4hiiission to all.
Therefore, what a State does is to imposeI egal standards
for admission. Once an alien is admitted into a State,
he/she cannot be expelled without due prOcess. I
They are considered "nationals abroad" an remain under
their own State's protection.
Practice of proper treatment of a iens is based on the
commonality of interests between States, in the
expectation that a State's own nationals w II be protected
when residing or sojourning abroad
Effect of State Admission of Aliens
Once it admits aliens, under the international standard of
justice, which calls for compliance viith the ordinary norms
of official conduct observed in civilized jurisl ctions, aliens
should be protected by certain minimumL standards of
humane protection, however harsh the municipal laws of a
state may be.
States have concomitant obligations with heir rights as
sovereigns over their territories "Territorial sovereignty [...]
involves the exclusive right to display the activities of a
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POLITICAL LAW
State. 11is right has a corollary, a duty: the obligation to
protect within the territory the rights Of other States, in
particular their right to integrity and inviolability in peace
and in War, together with the rights which each State may
claim for its nationals in foreign territory." 'Island of Las
Palmas Arb. -(PCA, 1928)]
Alien not Preferred over Nationals
However, an alien cannot claim a preferred position vis-a-
vis the national of the state. [see Calvo Doctrine, infra]
Variods .lorms of ill,treatment:
1. Mistreatment by judicial or police authorities,
2. Un avvful expropriation of property,
3. Failure to prosecute those who attack foreign
natiohals, or a denial of justice (denial of due process
of re law).
Standard's for the Protection of Aliens
1
NATIONAL MINIMUM
TREATMENT/ EQUALITY INTERNATIONAL
OF TREATMENT STANDARD
1
1
Aliens 9re treated in the This is a standard which
same rnenner as nationals must be accorded to aliens
of the State where they by all States irrespective of
reside. It is also known as how they treat their own
the dochre of equality of nationals. European
treatment. powers often upheld this
In essence, aliens and Latin American States'
their property are not assertion of the national
entitled to a more favorable treatment principle.
treatment than that of the
nationalsI of the host State. Historically applied to
Thus, a State fulfills its property rights and
international obligation on investment issues.
the treetnilent of aliens and However, with the
their ctoperty by extending development of human
equal treatment (Roth, The rights law, individuals are
Minimum Standards of equally protected
International Law, 62, regardless of nationality.
1949).
STATE RESPONSIBILITY
A state may be held responsible for:
1. An nternational delinquency;
2. Directly or indirectly imputable to it;
3. Which causes injury to the national of another state.
Liability wi I attach to the state where its treatment of the
alien fa Is below the international standard of justice or
where i is remiss in according him the protection or
redress that is warranted by the circumstances.
ATENEO CENTRAL
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The propriety of governmental acts shoulb be put to the
test of international standards. The treatment of an alien,
in order to constitute an international delinquency, should
amount to an outrage, to bad faith, to willfu neglect of duty,
or to an insufficiency of governmental action so far short of
international standards that every reasonable and impartial
man would readily recognize its insufficie cy [Neer Case
(PCIJ, 1926)].
For the enforcement of this state res Onsibility, the
following must be complied with:
1. Exhaustion of local administrative rem dies;
2. Representation of the alien by his o n state in the
international claim for damages.
Calvo Clause
A stipulation which states that the foreign party must rely
exclusively on local remedies and not seek any diplomatic
protection.
Rationale:
1. Non-intervention; and
2. aliens are entitled only to such rights as are accorded
nationals and thus had to seek redress for grievances
exclusively in the domestic arena. [SH
e.g. A stipulation may be made by virtue or' which an alien
waives or restricts his right to appeal to his own state in
connection with any claim arising from a contract with a
foreign state and limits himself to the rem dies available
under the laws of that state.
I. REFUGEES
Definition
One who, owing to a well-founded fear of being persecuted
for reason of race, religion, nationality, meinbership of a
i
particular social group or political opinion; is' outside the
country of his nationality, and is unable to, blowing to such
fear, is unwilling to avail himself of the protection of that
country. (1951 Convention Relating to the Status of
Refugees, art. 1)
Governing Statute
The controlling international convention on e,fugee law is
the 1951 Convention relating to the Status of
Refugees (1951 Convention) and its 1 67 Optional
Protocol relating to the Status of Refugees ,
Some persons not covered by the 1951 Convention
Relating to the Status of Refugees
1. One who has committed a crime against peace, a war
crime, or a crime against humanity, as Oefined in the
international instruments draw up to make provision in
respect of such crimes.
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POLITICAL LAW
2. One who has committed a serious non-political crime
outside the country of refuge prior to his admission to
that c9untry as a refugee.
3. One who has been guilty of acts contrary to the
purposes and principles of the United Nations. (1951
Convention Relating to the Status ofRefugees, art 1).
Rights of Refugees
Refugee law and international human rights law are closely
intertwined; refugees are fleeing governments that are
either unable or unwilling to protect their basic human
rights. Additionally, in cases where the fear of persecution
or threat WI life or safety arises in the context of an armed
conflict, 1 refugee law also intersects with international
humaniter an law.
1. Non-Refoulment
2. Freedom of Movement
11
3. Right to Liberty and Security of Person
4. Rightl to Family Life
5. Others (rights to education, access to justice,
employment, and other fundamental freedoms and
privilges similarly enshrined in international and
regional human rights treaties.
Princip f Non-Refoulement
No Contia0ing State shall expel or return a refugee in any
manner!whatsoever to the frontiers of territories where his
life or freelbm would be threatened on account of his race,
religion,) nationality, membership of a particular social
group o political opinion. (1951 Convention Relating to the
Status Of Refugees, art. 33). It does not distinguish
between returning them to the State from which they might
have come or to one that will also maltreat them.
Internal y Displaced Persons
People or groups of people who have been forced or
obliged to flee or to leave their homes of places of habitual
residence, in particular as a result of or in order to avoid
the effects of armed conflict, situations of generalized
violence violations of human rights or natural or human-
made disasters, and who have not crossed an
internationly recognized State border. (UN Guiding
Principles on Internal Displacement, par. 2).
StatelessnLs
Statelessness is the condition or status of an individual
who is born without any nationality or who loses his
nationality without retaining or acquiring another [CRUZ].
Under the onvention Relating to the Status of Stateless
Persons (1960), a stateless person is entitled to, among
others, the eght to religion and religious instruction, access
to courts, elementary education, public relief and
assistance and rationing of products in short supply, as
well as trieatment of no less favorable than that accorded
to aliens.
ATENEO CENTRAL
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Also, under the Universal Declaraiion of Liman Rights:
Everyone has a right to the natio
No one shall be arbitrarily depriv dIof his
nationality nor denied the right to hange his
nationality.
Stateless Persons
A personwho is not considered as a national by any State
under the operation of its law. (1954 ConVention Relating
to the Status of Stateless Persons, art. 1).
Types of Stateless Persons
1. De Jure Stateless Persons —Thos who have lost
their nationality if they had one and hap not acquired
a new one.
2. De Facto Stateless Person —Those who have a
nationality but to whom protection ie denied by their
state when out of the state. This is the situation of
many refugees.
Asylum Seeker
A person who has left their country of origin and formally
applied for asylum in another' couri ' •but whose
application has not yet been concluded.
Foundlings
Definition
A child, whose parents are both unknown shall have the
nationality of the country of his or her birth A' foundling is,
until the contrary is proved, presumed to l aVe been born
on the territory of the State in which he or elle was found.
(Poe-Llamanzares v. COMELEC, G.R. No 21697, 2016,
citing 1961 Convention on the Reduction O Statelessness,
art. 2; 1930 Hague Convention On Ceiirtain Questions
Relating to the Conflict of Nationality La 4 art. 14) This
presumption in favor of foundlings is a generally accepted
principle of international law. l(Poe-L)arnanzares v.
COMELEC, G.R. No. 221697, 2016).
1;
While the Philippines is not a party to the 1190 Convention
on the Reduction of Statelessness (UNCRS)' and the 1930
Hague Convention, it is a signatory to the Universal
Declaration on Human Rights (UDHR). Article 2 of the
1 Principe of Specialty
UNCRS and Article 14 of the Hague Convention merely
give effect to Article 15(1) of the UDHR. (Po Ltlamanzares
I:
v. COMELEC, G.R. No. 221697, 2016). 1
Citizenship of Foundlings
Foundlings are citizens under international law. Article 24
of the International Covenant on Civil and ''olitical Rights
provides for the right of every child 6 acquire a
nationality." The Philippines is ob igated under various
conventions such as the ICCPR to grant rationality from
birth and ensure that no child is stateless This grant of
Page 300 of 320
POLITICAL LAW
nationality must be at the time of birth, and it cannot be
accornpl shed by the application of our present
naturalization laws, Commonwealth Act No. 473, as
amended, and RA 9139, both of which require the
applicant to be at least 18 years old. [Poe- Llamanzares v.
COMELEC, G.R. No. 221697 (2016)1
In a case decided by the Supreme Court, the Chief Justice
pointed out that in 166 out of 189 countries surveyed (or
87.83%), foundlings are recognized as citizens. These
circunletances, including the practice of jus sanguinis
countnes show that it is a generally accepted principle of
international law to presume foundlings as haying been
born of nationals of the country in which the foundling is
found. [Poe-Llamanzares v. COMELEC, G.R. No. 221697
(2016)]1
J. EXTRADITION
Defini ion
a. The removal of an accused from the jurisdiction of a
Host State with the object of placing him at the disposal
ofitgn authorities to enable the Requesting State or
i
gove ment to hold him in connection with any criminal
investigation directed against him or the-execution of a
penaltY imposed on him-under the penal or criminal law
of the Requesting State or Government.
b. Extradition means the surrender of a person by one
state to another state where he is wanted for
prosecution or, if already convicted, for punishment
Fundamental Principles
General Rule: There can only be extradition if there is a
treaty betveen the States. Outside a treaty, there is no rule
in interriatiOnal law compelling a State to extradite anyone.
Such may be done, however, as.a gesture of comity.
Exception: Even with a treaty, crimes with political and
religious complexion are exempted.
Exception] to the Exception: The assassination of a head
of State or any member of his family is not regarded as
politica ;offense for purposes of extradition. This is also
known as the attendant clause. It also applies for the crime
of genocide.
As a geierel rule, a fugitive who is extradited may be tried
only for the crime specified in the request for extradition,
and suCh !crime is included in the list of extraditable
i
offenses, in the treaty.
I '
Who may be Extradited
Any person may be extradited, whether he be a national of
the requesting state, of the state of refuge or of another
state.
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Political and Religious Offenders Procedure For Extradition (Presidential Decree 1069)
Political and religious offenders are generally not subject 1. Foreign diplomat of the Requesting State or
to extradition. For the purpose of extraditionj genocide and Governinent requests for extradition with Secretary of
murder of the head of state or any member of his family Foreign Affairs.
are not political offenses. 2. DFA fo, ards request to DOJ.
3. DOJ files petition for extradition with RTC.
Absence of Special Agreement II
4. RTC iseues summons or Warrant of Arrest to compel
In the absence of special agreement, the offense must the appearance of the individual.
1. ,r
have been committed within the territory r i against the 5. Hearing (provide counsel de officio, if necessary).
1. 1
interests of the demanding state 6. Appeal to CA within 10 days whose decision shall be
1 1
final and executory.
1 il
Aut dedere aut judicare 7. Decision forwarded to DFA through the DOJ.
ii 1
(means 'either extradite or prosecute') is conventional 8. Individual
1 41 placed at the disposal of the authorities of
obligation of States found in various treat es. A state requesting State. Costs and expenses to be
subject to this obligation is bound to lextradit ff it does not shouldered by Requesting State.
prosecute, and prosecute if it does not extradite.
DistingJished from deportation
Principle of Double Criminality (a) Extr chbon is the "removal of an accused from the
According to this principle, a person may be extradited only Philiripines with the object of placing him at the
when his/her actions constitute an offenee in both the dispdsall of foreign authorities." (PD 1069, §2(a)). It is a
Requesting and Requested States. This piinCiple is now form ofj, international judicial assistance designed to
commonly accepted by States and is e bodied in deny cnminals a safe haven abroad. It is a formal
extradition treaties. A party to an extradition treaty may ask proc CiLii-e whereby an individual, accused or convicted
the other party to extradite a person for a crime committed of a crime under the laws of one State, is arrested in
before the effectivity of a treaty. It 'd, oes not violate the another State and handed over to the former State, at
prohibition against ex post facto !awls. The constitutional that State's request, for trial or punishment. (Boczek,
prohibition applies to penal laws only.1 An extpdition treaty The A to: Z of International Law, 60, 2010).
is not a penal law. (Wright v. CA, G.R. No. 143213, 1994). (b) Depokal'Ifion is the act or an instance of removing a
person to another country (Black's Law Dictionary,
Notice and Hearing 504, 2004). It is exercised by the President to expel or
A person does not have the right to notice and hearing depori, 4ens whose presence is deemed inimical to the
during the evaluation stage of the lextradition process. public interest. Deportation is based on the fact that
Extradition is a proceeding sui gener s. It is riot a criminal since the aliens are not part of the nation, their
proceeding which will call into operation all the rights of an admission into the territory is a matter of pure
accused guaranteed by the Bill of Rights. The process of permiesicim and simple tolerance which creates no
extradition does not involve the determinatioi of the guilt obligation on the part of the government to permit them
or innocence of an accused. There is no depiiVàtion of the to stay. (Djumantan v. Domingo, G.R. No. 99358,
right to due process. (Secretary of Justice v. Lantion 1995)
1,
and Mark Jimenez, G.R. No. 139465, 2000).
Extraditic41 Deportation
Right to Bail _.. I
EX rRADITION
I DEPORTATION
An extraditee should not be deprived of his right to apply
for bail, provided that a certain standard for the grant is Effected at the request of Unilateral act of the State
satisfactorily met. The standard oi proof required in another state
granting or denying bail in extradition cases ie clear and
convincing evidence that the extraditee is not flight risk Based on offenses Based on causes arising in
and will abide with the orders of the extradition court. committed in the state or the local state.
(Government of Hong Kong v. Olalia, Jr., G.R. No.153675, origin.
2007). i
Calls for the return of the An undesirable alien may
fugitive to the requesting be deported to a state other
If bail can be granted in deportation proceed ngs, there is
state 1 than his own or the state of
no justification not to allow it for extradition boause both
origin.
are administrative proceedings where the innocence or
guilt of the parties is not in issue. 1
However, aliens may be expelled or deported from the
Philippines only on grounds and in the manner provided for
Page 301 of 320
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by the Constitution, the Philippine ImmigretiOn Act of 1940, Despite this, the UDHR is considered a normative
as amended, and administrative issuances pursuant instrument that creates binding obligations for all states
thereto. (Sec. of Justice v. Koruga, G.f ,No. 166199, because of the consensus evidenced by the practice of
2009). states that the UDHR is now binding as part of international
law [C RILL%
K. INTERNATIONAL HUMAN RIG TS LAW
Rights Covered
PRELIMINARIES 1. Civil and political rights
Definition of Human 'Rights 2. EcPtiomic, social, and cultural rights
,
Human rights are those fundamental and 'i nelienable rights
which are essential for life as a human be pg. They pertain The UDHR embodies both first and second generation
rights. The civil and political rights enumerated
to rights of an individual as a human tieing which are
recognized by the international commu itY as a whole
through their protection and pro otion under
include4
1. J
The inght to life, liberty, privacy and security of person;
I [
contemporary international law. 2. Prohibition against slavery;
3. The 1 irnght
I i• not to be subjected to arbitrary arrest,
detention or exile;
Classiffcation
4. The right to fair trial and presumption of innocence;
1. First generation rights consist of ci 1 and political 1
I. 5. The right to a nationality;
rights; I h
. 6. The right to 'freedom of thought, conscience and
2. Second generation rights consist of 7onomic, social relig on;
and cultural rights; .
7. The nght to freedom of opinion and expression;
3. Third generation rights coneists cl the rights to h
8. RiVtIto peaceful assembly and association;
development, to-peace, and to environnient. pasall
9. Th right to take part in the government of his country.
I
FIRST GENERATION SECIOND GENERATION The e9onomic, social and cultural rights enumerated
i
include:
Obligatory Force 1. The-nght to social security;
1 i 2. The right to work and protection against
Strictly (or objectively). Relatively ob igetory, unemployment;
obligatory, whatever the states are required to
3. The night to equal pay for equal work;
economic or other progressivel achieve the 1
conditions of the states 4. The right to form and join trade unions;
full realizatbn[ of these
obligated rights "to the 5. The right to rest and leisure.
L maximum
,. of
their available resources"
UDHR as Customary International Law
Derogation/Restripiton 11 Rights oViered by UDHR are customary international law;
[ L hence, even during the times when the Bill of Rights under
May only be derogated in a May be restiicted for the the Constitution are inoperative, rights under UDHR
public emergency general welfare, with or I J
remained in effect (Republic v. Sandiganbayan, G.R. No.
withoyt an "einergency that 104768 2003).
threatens the
I
independenc or security INTERNATIONAL COVENANT ON CIVIL AND
of a state pa " POLITICAL RIGHTS (ICCPR)
Overview
Universal Declaration of Human Rights The ICCPR is an international covenant and is binding on
Overview the reipective state parties. It embodies the first
The UDHR is the basic international st tement of the generation of human rights, although it lists more rights
inalienable and inviolable [rights of human beings. It is the than the UDHR.
first comprehensive international hymn ri6hts instrument
proclaimed by an international organization Rights Guaranteed
1. Right olf the peoples to self-determination
It is not a treaty. It has no obligatory chara ter because it 2. Right to an effective remedy
was adopted by the UN General Aesembly as Resolution 3. Equal fights of men and women in the enjoyment of
217A (III). As a resolution, it is merely recommendatory. civil 6n6 political rights/non-discrimination on the basis
11
of sex
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4. Right to life
5. Freedom from torture or cruel, inhuman lo' r degrading
punishment
6. Freedom from slavery
7. Right to liberty and security of person
8. Right to be treated with humanity n cases of
deprivation of liberty
9. Freedom from imprisonment for failure to fulfill a
contractual obligation
10. Freedom of movement and the r ght to t avel
11. Right to a fair, impartial and publ c trial '
12. Freedom from ex post facto lawS
13. Right of recognition everywhere as a per on before the
law
14. Right to privacy
15. Freedom of thought, conscience and re igion
16. Freedom of expression
17. Freedom of peaceful assembly
18. Freedom of association
19. Right to marry and found a family
20. Right of a child to protection, a name and i-,iationality
21. Right to participation, suffrage, and acOess to public
service
22. Right to equal protection before the law
23. Right of minorities to enjoy their own culture, to profess
and practice their religion and to use their own
language.
Nature of the Obligations under ICCPR , v) Legitimate Aim
Obligations under the ICCPR arel both positive and
negative obligations: positive obligation to perform acts to
protect rights of an individual, and degativé obligation to
prevent acts violative of rights.
Obligations of State Parties under the ICOPR
1. State parties undertake to respect and to ensure to all
individuals within their territory ttie rights enumerated
therein, without distinction of an 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 nebessary 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,(1an effective
remedy, notwithstanding that the violati3n has been
committed by persons action in an officie capacity.
4. State parties must ensure that any per dri claiming
such remedy shall have his right thereto determined by
competent judicial, administrative o ' legislative
authority, and that they shall enforce the r rhedy when
granted.
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POLITICAL LAW
Non-DeilOgable Rights
1. Rigtto life
2. Free0-n from torture or cruel, inhuman or degrading
punishment
3. Freed* from slavery
4. FreeOn from imprisonment for failure to fulfill a
contreOtual obligation
5. FreedOM from ex post facto laws
6. Right Of recognition everywhere as a person before the
law
7. Freedt of thought, conscience, and religion
Even in pines of national emergency, no derogation can be
made. '
Lawful Derogation Under ICCPR
A state Perty to the ICCPR may derogate from the treaty in
times ofpublic emergency which threatens the security of
the natiO . Such measures required by the exigencies
should NOT be inconsistent with their other obligations
under int Mational law and must not involve discrimination
solely on t!.6 ground of race, sex, religion, etc.
Permissikile Derogations
i I
1. During e state of emergency threatening the life of the
natieri; end
2. subjeCt to compliance with conditions:
iv) Prescribed by Law
vi) Reakmableness
vii) Necessity: necessary to protect the invoked
le mate aim
viii)PrOportionality: it is the least intrusive measure
available.
ix) COMpatibility with the aims and provisions of the
ICapR: derogation should not undermine the
state's ability to respect and protect other rights
feud i in the ICCPR
1 '1
INTERNATIONAL COVENANT ON ECONOMIC,
SOCIAL,AND CULTURAL RIGHTS (ICESCR)
The ICESCR, like the ICCPR, is an international covenant
and is biddiqg on the respective State Parties. It embodies
the second Igeneration of human rights, although it lists
more rights than the UDHR.
I
Rights Guaranteed
1. Right' f self-determination
2. Right to work and accompanying rights thereto
3. Right ti:ISocial security and other social rights
4. AdeqU?te standard of living including:
5. Right to adequate housing
6. Right te Tdequate food
7. Right to dequate clothing
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8. Right to health Both w II apply simultaneously in times of international

9. Right to education & non-international-armed conflicts
10. Cultural rights
Non-d sonminatory Ensuring a minimum
State Parties' Obligations In ICESCR treatniant to everybody at protection of victims in
General Duties/ Obligations Of States all times (peacetime or armed conflicts by
1. Respect - Refrain from interfering with enjoyment of war/uOli aval) outlawing excessive
I ; human suffering & material
rights.
2. Protect (negative obligation) Preventi violations by destruction in ,the light of
third ;parties. military necessity
3. Fulfill (positive obligation) - Talçe, appropriate Wider' personal, temporal Less egalitarian in nature,
measures (legislative, judicial, etc.) t wards the full I
& m+rial fields of although non-
realization ofthe rights. applicability discrimination is
guaranteed with regard to
Specific Obligations Under Articie 2 of IflieICESCR the enjoyment of the rights
1. Take steps to the maximum exte t of available afforded by this law
resources, towards the progressive r, alization of the
rights in the covenant ,
2. Non-discrimination - States guarantee the exercise of CATEGICTIES OF ARMED CONFLICTS
the rights without discrimination. When Existing
Armed ,I 44rict exists if one party used armed force against
L. BASIC PRINCIPLES OF INTERNATIONAL another-. party.
HUMANITARIAN LAW '
! I
When ArmII ed Conflict considered -War
Overview For an ; arrned conflict to be considered a war, -hostilities
International Humanitarian Law (lHL) is the branch of must ;be; 'Peceded by a declaration of war or an ultimatum
public international law which governs armed conflicts to with a fiXeld limit. This is rarely followed. Usually, it is the
the end that the use -of violence is I'mited and that human victim OfIthe first attack Which will be the ones declaring
suffering is mitigated or reduced by regu t ng or limiting war. In the Philippines, the, power to declare the existence
the means of military operations and by pi-otecting those of a statellof -war is in the ;legislature, while the power to
who do not or no longer participate in t-ieI hostilities. It -make War is in the executive.
provides for instances when the use of alined force is
justifiable Os ad helium) and it regulates he conduct of Types of Armed Conflict
armed conflict Gus in hello). IHL distinguishes two types of armed conflicts, namely:
1. International armed conflicts, opposing two or more
Two Branches
StaesL and
1. Law of The Hague: which establishes the rights and 2. Non- ntemational armed conflicts, between
obligations of belligerents in the conduct of military goy !mental forces and non-governmental armed
operations, and limits the means Of harming the groU S, or between such groups only.
enemy; and An internationalized non-international armed conflict is a
2. Law of Geneva: which is designed to safeguard civil war Icharacterized by the intervention of the armed
military personnel who are no longer taking part in the forces Of 4 foreign power [GASSER].
fighting and people not actively engaged; in hostilities
(i.e. civilians). [International Committae ; of the Red A. Interbaflonal Armed Conflicts
Cross ("ICRC")].
Occur vylgen one or more States have recourse to armed
force ag inst another State, regardless of the reasons or
International Human Rights Law v. International
the intensity of this confrontation. (Common Article 2 to the
Humanitarian Law
Geneva Conventions of 1949).
1
INTERNATIONAL INTERN/IIONAL
HUMAN RIGHTS LAW , HUMANITA1 IAN LAW Relevant ,riules of IHL may be applicable even in the
1 absence 'Of open hostilities. Moreover, no formal
Aimed at protecting the individua declaration'Iof war or recognition of the situation is required.
; I
; I
The existence of an international armed conflict, and as a
consequ nce, the possibility to apply IHL to this situation,
Page 304 of 320 ;
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, 1
depends on what actually happens on the ground. It is Does no include internal situations such as riots,
based on factual conditions. [ICRC] isolated and sporadic acts of violence
HowevO, it does not include internal situations such as
Jus Ad Be - use of armed force riots, isClai Led and sporadic acts of violence, other acts of
General Rule: Under Article 2(4) of the UN Charter, all similar ri ture. (Additional Protocol II to the Geneva
Member States are bound to refrain from tlie1threat or use Convert s of 1949).
of force against the territorial integr ty or political
independence of a State. Addition6I rotocol II requires control over territory. For this
Exception: Self-defense reason, hè Philippine-NDF conflict is not governed by AP
II but by the Common Article 3 to the Geneva Convention
Anticipatory Self Defense of 194N which requires only minimum humanitarian
Article 51 of the UN Charter recognizes the inherent right protectiOn
of States to self-defense if an armed attack occurs. 1 1
Collective Self-Defense Common, rticle 3
Before a State can be justified in assisting another by way The main egal sources in this regard are the Common
of collective self -defense: Article 3 eneva Conventions, and Article 1, Additional
1. The second State must be a victim of an armed Protocol II
attack
2. The second State must request from the first State Common rticle 3 applies to "armed conflicts not of an
military assistance intemation I character occurring in the territory of one of
the High Contracting Parties." These include armed
Self Defense v. Just War conflicts in which one or more non-governmental armed
groups a!- involved.
SELF-DEFENSE JUST WAR THEORY
1
Permits only the use of Once a Stat has a valid Applicab'l ty of Common Article 3
I Article 1, d .(elops Common Artic.le 3. It applies to:
force to put an end to an reason for resorting to
armed attack and to any force, there t no limit on 1. All arm
, I d conflicts which take place in the territory of a
occupation of territory or the extent ofl force which state p rty;
other forcible violation of *could be emp dyed. 2. BetWe n its armed forces and dissident armed forces
rights which may have or 011ie organized groups;
been committed. 3. Which, under responsible command, exercise such
confral ver a part of its territory;
Armed attacks include not only act on by regular armed 4. As to -nable to carry out sustained and concerted
forces across an international border but also sending by militan) operations and to implement the Protocol.
or on behalf of the State of armed groups, ba ds, irregulars
or mercenaries. IHL also establishes a distinction between non-
internati9p I armed conflicts in the meaning of Common
Authorized Military Actions By The UN Competent Article 3, Geneva Conventions of 1949 and non-
Regional Organizations (Such As NATO) intemation I armed conflicts falling within the definition
provided, n rticle 1, Additional Protocol II.
1
Jus In Bello - Regulation of the conduct of armed conflict
The definitil n under the Article 1 is narrower than that
under Cor jnon Article 3:
B. Internal or Non-International Arined CcUflict
1. It intro uces a requirement of territorial control, by
These are armed conflicts that take place in .ihe territory of providing that non-governmental parties must exercise
a High Contracting Party between its arl7d forces and such tertorial control "as to enable them to carry out
dissident armed forces or other organizes1 rmed groups susta n d and concerted military operations and to
which, under responsible command, exercise such control implei7ent
3 this Protocol."
over a part of its territory as to enable them to carry out 2. Additi i nal Protocol II expressly applies only to armed
sustained and concerted military operatiOns. (Common confl cts between State armed forces and dissident
Article 3 to the Geneva Conventions of 1949. armed] f rces or other organized armed groups.
1
However Additional Protocol II "develops and
supplement " Common Article 3 "without modifying its
existing ccbri itions of application" (Article 1, 1st par.). This

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means that the restrictive definit on is relevant for the
application of Protocol II only, but does not:extend to the
law of non-international armed conflict in deneral.
In any case, while Common Article 3 is tiecognized as a
customary norm of international law and 'binding to all
states, Additional Protocol ll is a treaty bin ing only to state
parties. Its rules may, however, develop nto customary
norms (ICRC).
C. War of National Liberation
Armed conflicts in which people are fhting against
colonial domination and alien occupation andagainst racist
regimes in the exercise of their right of self-determination.
Those engaged in such a conflict reiceive c rpbatant status
and are entitled to combatant rights ad 'duties. This
conflict is considered an international armed Conflict under
Article 1, 3rd and 4th pars., Protocol 1. (Additional Protocol
I to the Geneva Conventions of 1949).
1!
Wars by peoples against racist, colo;ial and alien
domination "for the implementation of th right to self-
determination and independence is legitimate and in .full
accord with principles of international lavir "and that any
attempt to suppress such struggle is unla I (Resolution
3103 (XXVIII)).
When !peoples subjected to alien domin tion resort to
forcible action in order to exercise the r right to self-
determination, they "are entitled 6 seek and to receive
support in accordance with the purPoses and ,principles of
the Charter." [UN GA Reso. 2625 (XXV)]
PHILIPPINE PRACTICE: . R.A. 9851 (PH LIPPINE ACT
ON CRIMES AGAINST INTERNATIONAL
HUMANITARIAN LAW, GENOCIDE,'AND
OTHER CRIMES AGAINST HUMANITY1
i of sucti D
RA 9851 was enacted on Decernler 11, 2009. It is ,the
Philippine act on crimes against international ;humanitarian
law, genocide, and other crimes against humanity. Its
policies are: 1'
1. The Philippines renounces wa • as an instrument of
national policy, adopts the gener Ily accepted
principles of international law as a part of the law of the
land.
2. The state adopts the generally accepted ;principles of
international law, including the Hague Conventions of
1907, the Geneva Conventions on th protection of
victims of war and international human tarian law, as
part of the law our nation.
3. The most serious crimes of concern to the international
community as a whole must not go uhpunished and
their effective prosecution must be enared by taking
measures at the national level, in order to put an end
to impunity for the perpetrators of these crimes and
Page 306 of 320
POLITICAL LAW
thi4 I ontribute to the prevention of such crimes, it
being the duty of every State to exercise its criminal
jurisd ction over those responsible for international
crirn
Definitio of Terms
Aparth
Inhuman acts committed in the context of an
institutibn lized regime of systematic oppression and
dominatio by one racial group or groups and committed
with the i tention of maintaining that regime
Armed conflict
,
Any use force or armed violence:
a. between States or
b. a prat acted armed violence between governmental
autho ties and organized armed groups; or
c. be e n such groups within that State:
Provided, That such force or armed violence gives rise, or
may give rise, to a situation to which the Geneva
Conven s of 12 August 1949, including their common
a4rticle 3 pply.
f
1. Arrne conflict may be international, that is, between
two ) or more States, including belligerent
occbp tion;,or
ii. Non- n emational, that is, between governmental
author ties and organized armed groups or between
such I roups within a state. It does not cover internal
distbrb nces or tensions such as riots, isolated -and
sporadic acts of violence or other acts of a similar
natuhe
Enslave, nt
the exer e of any or all of the powers attaching to the
right of b ership over a person and includes the exercise
wer in the course of trafficking in persons, in
particul -1 omen and children.
Extermi ion
means iha international infliction of conditions of life, inter
alia, the!deprivation of access to food and medicine,
calculated to bring about the destruction of a part of a
populatibn
Hors de C mbat
A person ho:
(1) is in It1 power of an adverse party;
(2) has .10 rly expressed an intention to surrender; or
(3) has en rendered unconscious or otherwise
incap itated by wounds or sickness and therefore is
incati e of defending himself: Provided, that in any of
these ses, the person form any hostile act and does
not aft mpt to escape.
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Military necessity
means the necessity of employing meas res which are
indispensable to achieve a legitimate aim Of the conflict
and are not otherwise prohibited by International
Humanitarian Law
Non-defended locality
means a locality that fulfills the following co ditions:
(1) all combatants, as well as mobile weapOnS and mobile
military equipment, must have been evecbated;
(2) no hostile use of fixed mil tary ir Stallations or
establishments must have been made;
(3) no acts of hostility must have been committed by the
authorities or by the population; and
(4) no activities in support of military operati ns, must have
been undertaken.
`No quarter will be given'
means refusing to spare the life of anybody, even of
persons manifestly unable to defend themSelves or who
clearly express their intention to surrender.
Perfidy
means acts which invite the confidence of an adversary to
lead him/her to believe he/she is entitled to, Otis obliged to
accord, protection under the rules of international
Humanitarian Law, with the intent to betray that
confidence, including but not limited to:
(1) feigning an intent to negotiate under a flag of truce;
(2) feigning surrender; I prot c 1 person to serve in the forces of a hostile
(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status and
(5) feigning protective status by use of sign, emblems or
uniforms of the United Nations or of a n utial or other
State not party to the conflict.
Protect person
in an armed conflict means:
(1) a person wounded, sick or sIllipwrec ed, whether
civilian or military;
(2) a prisoner of war or any person deprive Iof liberty for
reasons related to an armed conflict;
(3) a civilian or any person not taking a direct part or
having ceased to take part in the hostilitie !n the power
of the adverse party;
(4) a person who, before the beginn ng of hostilities, was
considered a stateless person or refugee under the
relevant international instruments accepted by the
parties to the conflict concerned or unde the national
legislation of the state of refuge or state Rfesidence;
(5) a member of the medical person et assigned
exclusively to medical purposes cf to the
administration of medical units or to the operation of or
administration of medical transports; or
Page 307 of 320.
POLITICAL LAW
(6) a m4n er of the religious personnel who is exclusively
engag d in the work of their ministry and attached to
the a ed forces of a party to the conflict, its medical
units r medical transports, or non-denominational,
nonco batant military personnel carrying out functions
o religious personnel.
Punishall Acts
1. Wei-191j mes or Crimes Against Humanity
2. Genbcf e
3. Othe grimes Against Humanity
War Crirne or Crimes Against Humanity
A. For Inie national Armed Conflict: Grave breaches of
1
the Gene Conventions, namely, any of the following acts
against Pe sons or property protected under the Geneva
ConventiorS:
1. WillfU killing
2. TorOte or inhuman treatment, including biological
experireents
, , causing great suffering, or serious injury to
3. WillfUliY
bodY, oil health
4. Exterisie destruction and appropriation of property not
justified by military necessity and carried out unlawfully
and ,'11/1a1itonly;
5. wilify depriving a prisoner of war or other protected
person f the rights of fair and regular trial
6. Arbitr deportation or forcible transfer of population
or uhl ul confinement
7. Taking f hostages
8. Compel ing a prisoner a prisoner of war or other
power; nd
9. Unjus ifi ble delay in the repatriation of prisoners of
1
war o O her protected persons.
1 I
B. In casipp a non-international armed conflict, serious
violations b common Article 3 to the four (4) Geneva
Convention of 12 August 1949, namely , any of the
following cs committed against persons taking no active
part in the h stilities, including member of the armed forces
who have laid down their arms and those placed hors de
combat b sickness, wounds, detention or any other
cause; I
(1) Viol* to life and person, in particular, willful killings,
mutilatio , cruel treatment and torture;
(2) Commnitt ng outrages upon personal dignity, in
partictil , humiliating and degrading treatment;
(3) Taking ' hostages; and
, Il
(4) The pa ing of sentences and the carrying out of
exectit o s without previous judgment pronounced by
a regy rly constituted court, affording all judicial
guaraltees which are generally recognized as
indispensable.
I
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Torture
Intentional infliction of severe pa n or s tiering, whether
physical, mental, or psychological
Except: those pain or suffering ageing on y from, inherent
in or incidental to, lawful sanction.
Arbitrary deportation of forcible transf r Of population
Forced displacement by expulsion or oth coercive acts
of persons from the area in which they are lawfully present,
without grounds permitted under domesti pr international
law.
Other serious violations of the lait and customs
applicable in armed conflict, within ti e established
framework of international law
1. Internationally directing attacks against the civilian
population as such or against individual civilians not
taking direct part in hostilities; 1 12. Kit in , wounding or capturing an adversary by resort to
2. Intentionally directing attacks against civilian objects,
that is, object which are nOt military objectives;
3. Intentionally directing attacks against buildings,
material, medical units and transport and personnel
using the distinctive emblems o the Geneva
Conventions or Additional Protocol Ill in conformity with
intentional law; '1
4. Intentionally directing attacks against personnel,
installations, material, units or vehicl s I involved in a
humanitarian assistance or peacekee hg mission in
accordance with the Charter of the Un ted Nations, as
ling as they are entitled to the protection given to
civilians or civilian objects under the nternational law
of armed conflict; 1 territory it occupies, or the deportation or transfer of all
5. Launching an attack in the knowHedge hat such attack
will cause incidental loss of life or injury to civilians or
damage to civilian objects or widespread, long-term
and severe damage to the natural enVirenment which
would be excessive in relation to the Concrete and
direct military advantage anticipated;
6. Launching an attack against works or installations
containing dangerous forces in the knowledge that
such attack will cause excessive loss of life, injury to
civilians or damage to civilian objects, and causing
death or serious injury to body or health
7. Attacking or bombarding, by whatever means, towns,
villages, dwellings or buildings Which are 'undefended
and which are not military objectives, i::,r making non-
defended localities or demilitarized zones the object of
attack;
8. Killing or wounding a person n the knowledge that
he/she is hors de combat, including a combatant who,
having laid down his/her arms or no longer having
of defense, has surrendered at discretion;
9. Making improper use of a flag of truce, of the flag or the
military insignia and uniform of the eremy or of the
United Nations, as well as of the distinct ve emblems of
the Geneva Conventions or other protective signs
Page 308 of 320
POLITICAL LAW
urdeç International Humanitarian Law, resulting in
deatIi, serious personal alsinjury o capture;
10. lnten ionally directing attacks against buildings
ded ted to religion, education, art, science or
cheri ble purposes, historic monuments, hospitals
and laces where the sick and wounded are collected,
1
proyi ed they are not military objectives. In case of
doilb whether such building or place has been used to
make an effective contribution to military action, it shall
be pr m not to b o used;
11. Subj cting persons who are in the power of an adverse
pa ty to physical mutilation or to medical or scientific
expeqments of any kind, or to removal of tissue or
orga e for transplantation, which are neither justified
byl the medical, dental or hospital treatment of the
pereoi concerned nor carried out in his/her interest,
and vhich cause death to or seriously endanger the
ii
hea tl of such person or persons;
perficl ,
13. Decle ing that no quarter will be given;
14. Destr ying or seizing the enemy's property unless such
or seizure is imperatively demanded by the
neces ities of war;
15. Pil
destnii;g
ag a town or place, even when taken by assault;
16. Order ng the displacements of the civilian population
for rle sons related to the conflict, unless the security
of fIe civilians involved or imperative military reasons
so cle-nand;
I 1
17. Trans erring, directly or indirectly, by the occupying
I II
power of parts of its own civilian population into the
or pa s of the population of the occupied territory within
or out ide this territory;
11 .
18. Corn ding outrages upon personal dignity, in
par'p'd lar, humiliating and degrading treatments;
19. Corri itting rape, sexual slavery, enforced prostitution,
forcc pregnancy, enforced sterilization, or any other
forr çf sexual violence also constituting a grave
breac of the Geneva Conventions or a serious
i i . n of common Article 3 to the Geneva
violet'
li .
Cony bons;
20. Utilizi g the presence of a civilian or other protected
I
persOr to render certain points, areas or military forces
imn e from military operations;
21. Intenti nally using starvation of civilians as a method of
warfaiJ by depriving them of objects indispensable to
theii- s rvival, including willfully impeding relief supplies
as provided for under the Geneva Conventions and
their A ditional Protocols;
22. In an international armed conflict, compelling the
nation Is of the hostile party to take part in the
operations of war directed against their own country,
eveh if they were in the belligerent's service before the
comm ncement of the war;
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23. 1n an international armed conflict, declarng abolished,
suspended or inadmissible in a Court of law the rights
and actions of the nationals of the hosti Party;
24. Committing any of the following cts:
a. Conscripting, enlisting or recruiting hildren under
the age of fifteen (15) years into the ational armed
forces;
b. Conscripting, enlisting or recruiting ihildren under
the age of eighteen (18) years into ai armed force
or group other than the national awl d forces; and
c. Using children under the Sge of bighteen (18)
years to participate actively in hostilties; and
25. Employing means of warfare which re prohibited
under international law, such as:
a. Poison or poisoned weapons;
b. Asphyxiating, poisonous or other gases, and all
analogous liquids, materials or devices;
c. Bullets which expand or flatten easily in the human
body, such as bullets with hard enVelopes which
do not entirely cover the core or ari pierced with
incisions; and
d. Weapons, projectiles and material a d methods of
warfare which are of the natu e to cause
superfluous injury or unnecessary Suffering or
which are inherently indiscriminate fri violation of
the international law of armed conflict.
Genocide
Any of the following acts with intent to destroy, in whole
or in part, a national, ethnic, religious, i cial, or any
other similar stable and permanent group
1. Killing members of the group;
2. Causing serious bodily or mental harm té members of
the group;
3. Deliberately inflicting on the group cond tions of life
calculated to bring about its physical destruction in
whole or in part;
4. Imposing measures intended to preven births within
the group; and
5. Forcibly transferring children of the groI p to another
group.
Also unlawful to directly and publ cly incite others to
commit genocide.
Forced Pregnancy
Unlawful confinement of women to be forcibly made
pregnant, with the intent of affecting the ethnic composition
of any population carrying out other grave violations of
international law.
Other Crimes Against Humanity
1. Committed as part of a widespread/systematic
attack
2. Directed against any civilian population-
Page 309 of 320
POLITICAL LAW
3. Wit knowledge of the attack
4. Any of the following acts:
.
a Willful killing;
b Extermination;
c Enslavement;
d Arbitrary deportation or forcible transfer of
population;
Imprisonment or other severe deprivation of
physical liberty in violation of fundamental
rules of international law;
Torture;
Rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, or
any other form of sexual violence of
omparable gravity;
Persecution against any identifiable group or
ollectivity on political, racial, national, ethnic,
ultural, religious, gender, sexual orientation or
•ther grounds that are universally recognized
s impermissible under international law, in
onnection with any act referred to in this
• aragraph or any crime defined in this Act;
nforced or involuntary disappearance of
•ersons;
partheid; and
•ther inhumane acts of a similar character
ntentionally causing great suffering, or serious-
njury to body or to mental or physical health.
Persecut o
Internationa and severe deprivation of fundamental rights
contrary Ito nternational law by reason of identity of the
group or 'co ectivity
Enforced o Involuntary Disappearance
The arrest etention, or abduction of persons authorized
by the St t4 or political organization followed by a refusal
to acknovi dge that deprivation of freedom or to give
information n the fate or whereabouts of those persons,
with the ine tion of removing from the protection of the law
for a proloi o ed period of time.
Principles f Criminal Liability
Individual' riminal Responsibility
I. Liable a principal
a. C91- Is such a crime, whether as an individual,
oint with or through another regardless of
whet er that other person is liable
b. Ord rs, solicits or induces the commission of such
a ci e which occurs or is attempted
c. ln r y other way contributes to the commission or
at pted commission by persons in conspiracy:
iI pith the aim of furthering the criminal activity
r criminal purpose of the group
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ii. Be made in the knowledge of the intention of
the group to commit the crime
2. Liable as accomplice
Facilitates the commission of a crime aids, abets or
otherwise assists in its commission Ior attempted
commission, including providing the Means for its
commission
3. Liable for a crime punished under this act
Attempts to commit such a crime by tak ng action that
commences its execution by means of ' a substantial
step, but the crime does not occur because of
circumstances independent of the person's intention
4. No liability
A person who abandons the effort to commit the crime
or prevents the completion, if completely and voluntarily
gave up the criminal purpose.
-Irrelevance of Official Capacity
The provisions of the act shall appl equaiifr to all persons
without any distinction based on offcial capacity. However
the following shall be considered:
L
1. Immunities or special proceddral rule that may be
attached to the official capany of a person under
Philippine law other than the Presidents mmunity from
suit, shall not bar the court from exerc ing jurisdiction
over such a person
2. Immunities that may be attached to the fficial capacity
of a person under international law may limit the
application of this Act
Jurisdiction
Requisites to acquire jurisdiction
1. The accused is a Filipino citizen
2. The accused regardless of citizenship residence, is
present in the Philippines
3. The accused has committed the said rime against a
Filipino citizen
Foreign Accused
1. The Philippine authorities may dispe l , pee with the
investigation or prosecution of a crime Linder this act if
another court or internationa tribunal is already
conducting such proceedings In t is case, the
authorities may surrender or extradite the accused
persons to the appropriate State or Cou
2. No criminal proceedings shall be initiated against
foreign nationals accused of violating th act, if already
tried by a court outside the Phil ppines Oth the same
offense and acquitted of it, or conv'Cted and has
already served sentence.
Page 310 of 320
POLITICAL LAW
CORE INITERNATIONAL OBLIGATIONS OF STATES
IN INTERNATIONAL ‘HUMANITARIAN LAW
Common Article 1 of all four Geneva Conventions is a key
provis on when it comes to a state's responsibilities under
IHL. It pi- vides that states are responsible to "respect and
ensure pect" for the conventions in all circumstances.
In gene! 1,111L defines the following obligations:
1. Parti s to an armed conflict, together with their armed
force , do not have unlimited choice of methods or
meet) of warfare. They are,prohibited from employing
weep ns or means of warfare that cause unnecessary
dama1, e or excessive suffering.
2. Partis to an armed conflict shall, at all times,
diatin uish between civilian population and the
con'th tants (principle of distinction). Civilians shall be
spr i from military attacks which shall be directed
only gainst military objectives.
3. Pert s hors de combat are those who have been
injte in the course of hostile battle action and are no
Ion 4 able to directly take part in hostilities. They shall
be P otected and treated humanely without any
adve1 e. distinction. Their right to life end physical and
mi# integrity shall be respected.
4. It is P hibited to kill or injure an enemy who is hors de
coir b t or who surrenders.
5. Thl e ounded and the sick shall be protected and
cared or by the party to the conflict which has them in
its po er. Protection shall also apply to medical
peso nel, establishments, transports and material.
6. Comb tants and civilian who are captured by authority
of Mei arty to a dispute are entitled to respect for their
right life, dignity, conviction, and other personal
rightsJ They shall be protected against acts of violence
or ITO 'sals.1Legality of the Threat or Use of Nuclear
WeeP1 ns Advisory Opinion (1996)]
The ICCP , particularly its protection on the right to life,
does not etermine the legality of the use of nuclear
weaponsl an armed conflict. What applies is the lex
specialia, hich is the IHL. It determines whether the taking
of life in ti es of war has been arbitrary.
Internat al Humanitarian Law covers two areas:
1. the p'ci ection of those who are not, or no longer, taking
part in he fighting; and
2. restri31t ns on the means of warfare, in particular,
weape s and methods of warfare, such as military
tacti
Obligation are found primarily in the four Geneva
Conventio s of 1949 and the Additional Protocols I and II
thereto. VI er sources include:
• 1954 nvention for the Protection of Cultural Property
in the vent of Armed Conflict, and its two protocols;
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• 1972 Biological Weapons Convention;
• 1980 Conventional Weapons Convent on and its five
protocols;
• 1993 Chemical Weapons Convention;
• 1997 Ottawa Convention on antipersonnel mines;
• 2000 Optional Protocol to the Convention on the Rights
of the Child on the involvement of chi CI en in armed
conflict.
PRINCIPLES ON INTERNATIONAL
HUMANITARIAN LAW
Military Necessity
The only legitimate object which parties to an armed
conflict should endeavor to accomplish s to weaken
enemy forces.
Proportionality
Belligerents or State forces may employ an amount and
kind of force to compel complete submission of enemy with
least possible loss of lives, time, and money
Principle Of Distinction
Requires States and other parties to an armed conflict to
distinguish between military objectives (e.g combatants)
and civilian objects (e.g. non-combatal ts, hors de
combat), to direct their attacks only against t e former.
Perfidy
This principle prohibits the use of any treacherous means
and methods of warfare.
Requirement for Humanitarian Interventi n,
1. There are grave and massive human rig ts violations
2. The other state is incapable or unwillin to meet the
redress
3. There is no other practical alternative than to intervene
4. The action should be limited in time and Scope.
Hors de combat
Under Article 41(2), Protocol I, a person is hcrs de combat
if:
1. He is in the power of an adverse party to the conflict;
2. He clearly expresses an intention to surr der; or
3. He has been rendered unconsc ous or is otherwise
incapacitated by wounds or sickness, an is therefore
incapable of defending himself, provided hat in any of
these cases, he abstains from any hostile act and does
not attempt to escape.
Persons hors de combat shall be protectec and treated
humanely without any adverse distinction. Their right to life
and physical and moral integrity shall be respected.
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POLITICAL LAW
Protectea Persons
Those wi-i enjoy or are entitled to protection under the
Geneva Conventions. Including:
1. The wunded, the sick, and shipwrecked;
2. Prison rs of war;
3. Civi ian •
Civilians
For purposes of protection, civilians are further classified
as:
1. Civilian who are victims of conflict in countries
involve,
2. Civilian in territories of the enemy;
3. Civilian in occupied territories;
4. Civiliar internees.
Treatment pf Civilians
Parties to a conflict shall at all times distinguish between
the civilian population and combatants in order to spare
civilian po ulation and property. Neither the civilian
population s such nor civilian persons shall be the object
of attack.l Attacks shall be directed only against military
objective
It is forbidd n to kill or injure an enemy who surrenders or
is hors de mbat.
Collateral cmage to a certain extent is allowed but it
should not be excessive.
Journalists re protected as civilians provided that they
take no acti n adversely affecting their status as civilians.
Combatar ts are not entitled to the rights afforded to
civilians.
Prisoners o War (POW)
Prisoners pi war are captured for security reasons and not
for punishiiint.
General R le: A prisoner of war shall not be liable to
judicial pros cution even if he has committed to facilitate
escape (eAg theft, drawing of false papers).
Exceptio : When the escapee has used violence against
life and limb during his escape.
Persons b I nging to one of the following categories:
1. Memb r of the armed forces of a party to the conflict,
includin militias or volunteer corps;
2. Militias r volunteer corps operating in or outside their
own t r itory, even if such territory is occupied
provide
3. They ar being commanded by a person responsible
for his s bordinates;
4. Have a' fixed distinctive sign recognizable at a
distance
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5. Carries arms openly; Combatants v. Non Combatants

6. Conducts their operations in accordance with the laws COMBATANTS NON-COMBATANTS
and customs of war; I '
7. Members of regular armed forces who profess 1) Arm4 Forces - all its 1) With POW Status
allegiance to a government or authority not recognized orgahiZed armed forces,
by the detaining power; • I, groups and units No Combat Mission
8. Civilians who accompany the armed orces, provided Judges
that they have received authorization from the armed Note: 9i ildren below the Blue-Collar Worker
forces which they accompany; age of 1S shall not take Government Officials
9. Members of crews of merchant marine and the crews direct p rt in hostilities Prosecutors
of civil aircraft of the parties to the corillict; Engineers
10. Inhabitants of a non-occupied territlry who on the 2) Para Mary/ Armed taw
approach of the enemy spontaneouslyj take up arms to Enforcement Agencies- e.g. 2) No POW Status
resist the invading forces, without ha 'ng had time to when 4IV'lian police
form themselves into regular armed units, provided transforis as part of armed Medical and Religious
they carry arms openly and respect the laws and forces Personnel
customs of war;
11. Persons belonging to the arme forces of the occupied 3)1..ey le en masse-
territory inhalltants of a territory
which has not yet been
occupiq and who, on the
Rights of Prisoners of War: HIT-PNB2-CFR approae l of the enemy,
• To be treated humanely spontan ously take up
• Not subject to torture arms I sist the invading
• Allowed to communicate with their families troops ,
• Receive food, clothing, religious articles, medicine
• Bare minimum of information 4) Spie no POW status
• Keep personal belongings 5) RecOn aissance Forces
• Proper burial
• Grouped according to nationality
Law On Is; utrality
• Establishment of an informed bureau
• Repatriation for sick and wounded In a coflr t, there are some who wish to stay out of the
way anil arldopt an attitude of impartiality. Such an attitude
must be ecognized by the opposing Party-States and
The wounded and the sick shall be collecte ' and cared for
creates b th rights and duties in the neutral States. The
by the party to the conflict which has them in its power. decision o employ a neutral stance is dictated by
Protection also covers medical personnel, establishments,
political/in mal mechanisms and not PIL.
transports and equipment.
Neutral Sites must not engage in activities which interfere
Combatants
with the aO ivities of the belligerents while the latter respect
Members of the armed forces of a party to a cenflict (Article the former's rights.
3(2), Protocol 1). They have the right to pa icipate directly
and indirectly in hostilities (Art 43(2) Pro bCol 1). Only Neutral power
combatants are allowed to engage in hostil. ies.
The Hague Convention Respecting the Rights and Duties
of Neutral bowers (1907) governs the status of neutrality
A combatant is allowed to use force, even to kill, and will
by the fo o ing rules:
not be held personally responsible for his acs, as he would
be where he to the same as a normal citize (Gasser). 1. The te 'tory of the neutral power is inviolable.
2. Bell ge ents are forbidden to move troops or munitions
of war and supplies across the territory of a neutral
Martens clause/principle of humanity
poWer.
In cases not covered by other internation I agreements, 3. A ney1 al power is forbidden to allow belligerents to
civilians and combatants remain under the retection and use it territory for moving troops, establishing
authority of the principles of international la derived from comm nication facilities, or forming corps of
established custom, from the principles of humanity and corn eatants.
from the dictates of public conscience.

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4. Troops of belligerent armies received by a neutral
power in its territory shall be interned by away from the
theatre of war.
5. The neutral power may supply them with food, clothing
or relief required by humanity.
6. If the neutral power receives escaped Prisoners of war,
it shall leave them at liberty. It may assign] them a place
of residence if it allows them to remain ri its territory.
7. The neutral power may authorize the p ssage into its
I intimidate population or to compel a Government or an
territory of the sick and wounded if t e means of
transport bringing them does not carry personnel or
materials of war.
The Geneva Convention (III) allows neuraF powers to
cooperate with the parties to the armed conflict in making
arrangements for the accommodation in the former's
territory of the sick and wounded prisoners fwar.
Interned persons among the civilian population, in
particular the children, the pregnan wome , the mothers
with infants and young children, wounded and sick, may be
accommodated in a neutral state in flie course of
hostilities, by agreement between the rties to the
conflict.
Protecting power
A protecting power is a state or an organiza
1. Not taking part in the hostilities;
2. Which may be a neutral state;
3. Designated by one party to an armed c nflict with the
consent of the other;
4. To safeguard or protect its humanitari n: interests in
the conflict, the performance of whic IHL defines
specific rights and duties.
Responsibility To Protect
The State carries the primary responsibility for protecting
populations from genocide, war crimes, crunes against
humanity and ethnic cleansing, and their inc tement;
The international community has a responsibility to
encourage and assist States in fulfilling this eSponsibility;
The international community has a respon bility to use
appropriate diplomatic, humanitarian and °filer means to
protect populations from these cr mes. If a State is
manifestly failing to protect its populations, the
international community must be prepered to take
collective action to protect populations, in acbordance with
the Charter of the United Nations (UN General Assembly
Resolution 60/1, 2005).
International Terrorism
In international law, it is difficult to criminalize terrorism
because of the difficulty in defining the proh iiited act. The
draft definition at the International Convention for the
Page 313 of 320
POLITICAL LAW
Suppression of the Financing of Terrorism (1999) is as
follows:
An act done by any person intended to cause (a) death or
serious t ily injury to any person, or (b) serious damage
to a Ste e or Government facility with intent to cause
extensive destruction of such a place, facility or system, or
where such! destruction results or is likely to result in major
.11
economic oss, when the purpose of such an act is to
internatiOnl I organization to do or abstain from doing any
act.
Criminal acts intended or calculated to provoke a state of
terror in th general public, a group of persons or particular
persons 10 political purposes are in any circumstance
unjustifiaP11, whatever the considerations of a political,
philosoPhic I, ideological, racial, ethnic, religious or any
other natu e that may be invoked to justify them. (UN
General'A embly Resolution 51/210, 1996).
1
Criminal dts, including against civilians, committed with
the intentri I cause death or serious bodily injury, or taking
of hostage, with the purpose to provoke a state of terror
in the gerrei•al public or in a group of persons or particular
personsi iii imidate a population or compel a government
or an inter ational organization to do or to abstain from
doing any act, which constitute offenses within the scope
of and a Jefined in the international conventions and
protocols re ating to terrorism, are under no circumstances
justifiable 1b considerations of a political, philosophical,
ideologicapi racial, ethnic, religious or other similar nature
(UN Securi Council Resolution 1566, 2004).
Right to unilateral secession or external self-
determination under International Law?
General R le: The people's right to self-determination
should mil e understood as extending to a unilateral right
of secess oti
Exception: International law, at best, only recognizes the
right to ex ernal self-determination in situations of (1)
former col() ies; (2) where a people is oppressed, as for
example un er foreign military occupation; or (3) where a
definable roup is denied meaningful access to
governmerri to pursue their political, economic, social and
cultural cev lopment (Province of North Cotabato v. GRP,
G.R. No. 18 591, 2008).
M. LAW OF THE SEA
Overview
The United Nations Convention on Law of the Sea
(UNCLOS the body of treaty rules and customary norms
governing e use of the sea, the exploitation of its
resources nd the exercise of jurisdiction over maritime
regimes (Ma gallona).
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It is the branch of public international law iithich regulates
the relations of states with respect to the use of the oceans.
BASELINES
Definition
A baseline is the line from which a breadth Of the territorial
sea and other maritime zones, such as the contiguous
zone and the exclusive economic zone measured. Its
purpose is to determine •the starting oint to begin
measuring maritime zones boundary of the Coastal state.
Kinds of-Baselines:
a. Normal Baseline Method : The terrtorial sea is
drawn from the low-water mark of tlie coast to the
breadth claimed, following its cratures but
excluding the internal waters ni! bays and
gulfs.(Art. 5, UNCLOS)
b. Straight Baseline Method: Straight li es are made to
connect appropriate points on the Coast without
departing radically from its deneral direction. The
waters inside the lines are considered internal. This is
the method used by the Philippines in drawing
baselines. (Art.7, UNCLOS)
ARCHIPELAGIC STATES
Definition
It is a state made up of wholly one or more rchipelagos. It
may include other islands [Article 46, UNCLOS].
Archipelago
An archipelago is a group of islands, inc uding parts of
islands, interconnecting waters and other natural features
which are so closely related that such isla416, waters and
natural features form an intrinsic geographical, economic
and political entity, or which historica ly have been
regarded as such.
There are two kinds of archipelagos
1. Coastal, situated close to a mainland and may be
considered part thereof (i.e., Norway);
2. Mid-Ocean, situated in the ocean at s Jch distance
from the coasts of firm land, ' Indonesia).
The archipelagic state provisions apply only o mid-ocean
archipelagos composed of islands, and not to a partly
continental state.
Straight Archipelagic Baseline
Straight lines are made to connect appropriate points on
the coast without departing radically from r its general
direction. The •waters inside the ines are considered
internal. This is the method used by the Philippines in
drawing baselines.
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POLITICAL LAW
The breadth of the territorial sea, the contiguous zone, and
the exclOsive economic zone is measured from the straight
archipe agic baselines.
Archip lagic Waters
I I
Waters covered by the straight baseline which are areas
which had not previously been considered as such. This
has a right of innocent passage.
Island ad Rocks; Distinguished
a. An isl nd is a naturally formed area of land, surrounded
by watler, which is above water at high tide.
b. R o 'c k s which cannot sustain human habitation or
eco o ic life of their own shall have no exclusive
ecor riic zone or continental shelf. [Article 121,
UNCLOS]
Archipela lc Sea Lanes Passage
It is the right of foreign ships and aircraft to have
continuclU , expeditious and unobstructed passage in sea
lanes and air routes through or over the archipelagic
waters an the adjacent territorial sea of the archipelagic
state, "r t ansit 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
[Magallon ; Article 53(1,) in relation to Article 53(3)
UNCLOS]
I
The arci'-I 'pelagic state designates the sea lanes as
II
proposals 'to the "competent international organization." It
1
is the Ir+national Marine Organization (IMO) •which
adopts helm through Article 53(9), UNCLOS, which states
that "the Organization may adopt only sea lanes and traffic
separat on schemes as may be agreed with the
archipe aä state, after which such state may designate,
prescrib r substitute them?
Right of rnocent Passage
Innocent I passage refers to navigation through the
territori 1 196a without entering internal waters, going to
internal w ers, or coming from internal waters and making
for the hig seas. It must:
1. InvoN only acts that are required by navigation or by
dist es , and
2. Not pr :Lidice the peace, security, or good order of the
coaslal state.
Transit Passage
Transit pas age refers to the right to exercise freedom of
navigatic4) and over flight solely •for the purpose of
continuous and expeditious transit through the straights
used for Li ternational navigation. The right cannot be
unilaterally suspended by the coastal state.
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1 Other Rights relating to Archipelagic Waters

INNOCENT PASSAGE TRANSIT PASSAGE
1. Contractual Rights: Rights under existing agreement
Pertains to navigation of Includes the rig t of over on the hart of third states should be respected by the
ships only flight I I archi0 lagic state.
2. Fishi ij Rights: Within its archipelagic waters, the
Requires submarines and Submarines ar Iallowed to archipe agic state shall recognize traditional fishing
other underwater vehicles navigate in "no Mal mode" rightPl nd other legitimate activities of immediately
to navigate on the surface — i.e. submerged, adjac,e t neighboring states.
and show their flag. 3. Subiri rine Cables: The archipelagic state shall r e s
1 p e cj t xisting submarine cables laid by other states
Can be suspended but Cannot be suPPended
under the condition that it and rip ssing through its waters without making a
does not discriminate landfall
among foreign ships, and J
such suspension is Under Anic e 1 of the 1987 Constitution, the archipelagic
essential for the waters of!th Philippines are characterized as forming part
protection of its security, of "the inter al waters of the Philippines."
and suspension is
effective only after having However, der the UNCLOS, archipelagic waters consist
been duly published mainly of "waters around, between, and connecting the
1 il islands the archipelago, regardless of breadth or
In the designation of sea DesignPtion of sea i
lanes dimensio
lanes and traffic and traffic separation
i
separation schemes, the schemes is subject ,
to Thus, c ersion from intemal waters under the
coastal state shall only adoption by aim etent Constitu; into archipelagic waters under the UNCLOS
take into account the international or pnization gravely Or gates the sovereignty of the Philippine state,
recommendations of the upon the propo al and because 'so I ereignty over internal waters may preclude the
competent international agreement of s Ptes right of inn cent passage and other rights pertaining to
organization. bordering the s i- its. archipelagic waters under the UNCLOS.
,
Also, unper Article 47, UNCLOS, it is not mandatory upon
Hot Pursuit concerned tates to declare themselves as archipelagic
Involves a foreign vessel and where there is good reason states; the I hilippines did, under its new baselines law, RA
to believe that the ship has violated laws or -egulations of 9522 uphe as constitutional [Magallona v. Executive
a coastal State. SecretarY 011)].
Rules:
1. The pursuit must commence when Ithe foreign Regime Of I lands
vessel is within the: (CITA) The "regirne of islands" is:
a. contiguous zone a. an islan naturally formed area of land, surrounded by
b. Internal waters water. W ich is above water at high tide,
c. _Territorial sea b. Excepa provided for in the next number, the territorial
d. Archipelagic waters of the pursui g State sea, the ontiguous zone, the exclusive economic zone
2. It may continue into the high seas if t e pursuit has and the áontinental shelf of an island are determined in
not been interrupted. accordP ce with the provisions of this Convention
appliCP)Ie to other land territory,
3. If the foreign ship is in the contiguou, Zone, it may
c. RockS which
j cannot sustain human habitation or
be pursued only for violations of the rights of the
coastal State in the contiguous zone (customs, econOmc life of their own shall have no exclusive
fiscal, immigration, or sanitary). economip zone or continental shelf. (UNCLOS, Art.
121) !
4. Hot pursuit must stop as soon as the ship pursued
enters the territorial waters of its own State or of a
third State. INTERNAL WATERS
5. It may be carried out only by warshi s or military Definition
aircraft, or any other ship or aim aft properly All waters ( art of the sea, rivers, lakes, etc.) landwards
marked for that purpose. from the basljeline of the territory. Sovereignty over these
waters is t P same in extent as sovereignty over land, and
there is no ri ht of innocent passage.

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Where the establishment of a straight baseline in
accordance with the method set forth in Article 7 has the
effect of enclosing as internal waters areas which had not
previously been considered as such, a right of innocent
passage as provided in this Convention sha I exist in those
waters. (UNCLOS, art. 8)
TERRITORIAL SEA
Definition
Belt of sea outwards from the baselin and up to 12
nautical miles beyond. Sovereignty ov4r these waters
(including the airspace above it and the se bed under it) is
the same extent as its sovereignty over 1pd. There is a
right of innocent passage, and in case of déttain straits, to
transit passage.
Under the UNCLOS, features that are aboiewater at high
tide generate an entitlement to at least a 12 nautical mile
territorial sea, whereas features that are submerged at
high tide generate no entitlement to maritime zones. (The
South China Sea Arbitration, 2013-19, JulY 12, 2016)
CONTIGUOUS ZONE
Definition
Area of water not exceeding 24 nautica miles from the
baseline. It thus extends 12 nautical miles irom the edge
of the territorial sea.
Jurisdiction over Contiguous Zone
In the contiguous zone, the coastal State may exercise the
control necessary to:
• Prevent infringement of its cu toms, fiscal,
immigration, or sanitary laws and regu bons within its
territory or territorial sea;
• Punish infringement of the above laws and regulations
I Within its EZ, a coastal state may also:
committed within its territory or territori I sea.
EXCLUSIVE ECONOMIC ZONE
Definition
An area extending not more than 200, nautical miles
beyond the baseline. The coastal State has r ghts over the
economic resources of the sea, seabed and, subsoil, but
the right does not affect the right of riayigation and
overflight of other States. (UNCLOS, art. 88):
Jurisdiction over EEZ
The UNCLOS gives the coastal State sover ign rights over
all economic resources of the sea, seabed and subsoil in
an area extending not more than 200 autical miles
beyond the baseline from which the territorial sea is
measured (Arts. 55 and 57, UNCLOS).
Under the UNCLOS, states have the soy reign right to
exploit the resources of this zone, but shall hare that part
of the catch that is beyond its capac ty to ha est.
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POLITICAL LAW
The resources covered include 'living and non- living
resource in the waters of the seabed and its subsoil.
Obligati ns of Coastal State
The OM ry obligations of coastal States are:
1. Proper conservation and management measures
tlLat the living resources of the EEZ are not
I s biected to overexploitation;
2. ! PI-omote the objective of "optimum utilization" of
! he living resources.
The ent tl ment of a feature to an exclusive.economic zone
dependa on the objective capacity of a feature, in its
natural! Ocndition, to sustain either a stable community of
people! Or economic activity that is neither dependent on
outside resources nor purely extractive in nature. The
current Pri sence of official personnel on the features is not
enought establish the right to an EEZ. (The South China
Sea Arbitration, 2013-19, July 12, 2016)
Coastal ates have the responsibility to utilize, manage
and co s rve the living resources within their EEZ (i.e.,
ensurin hat living resources are not endangered by
overexp o tation), and the duty 'to promote optimum
utilization of living resources by determining allowable
catch.
If after, termining the maximum allowable catch, the
coastal, St te does not have the capacity to harvest the
entire catc , it shall give other states access to the-surplus
by meanS of arrangements allowable under the UNCLOS.
The UNli OS, however, does not specify the method for
determini g "allowable catch."
1. Esta ' sh and use of artificial islands, installations and
strU, res;
2. Cordi.ct scientific research;
3. PreServe and protect-its marine environment.
!I
4. HoW,e‘ier, under Article 58, UNCLOS, all states enjoy
the edom of navigation, over flight, and laying of
sub rine cables and pipelines in the EEZ of coastal
stat
The coast I state has the right to enforce all laws and
regulations enacted to conserve and manage the living
resource in its EEZ. It may board and inspect a ship,
arrest a !sh p and its crew and institute judicial proceedings
against ti aim. In detention of foreign vessels, the coastal
state has tl e duty to promptly notify the flag state of the
action taken.
Conflicts garding the attribution of rights and jurisdiction
in the EEZ must be resolved on the basis of equity and in
the light; of all relevant circumstances, taking into account
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the respective importance of the interests involved to the When th6 ontinental shelf extends beyond 200 nautical
parties as well as to the international community as a miles, the oastal state shall establish its outer limits.
whole (Article 59, UNCLOS).
At any rate the continental shelf shall not extend beyond
Geographically Disadvantaged States 350 naut cal miles from the baseline of the territorial sea,
IL
I or 100 n6utical miles from the 2500-meter isobath (i.e., the
Geographically disadvantaged states (i.e., those who have
no EEZ of their own or those Coastal states whose point wher the waters are 2500 meters deep).
geographical situations make therr dep nident on the
exploitation of the living resources of the EEZ of other Rights a e Coastal State
states) and land-locked states have the rightto participate, The continental shelf does not form part of the territory of
on equitable basis, in the exploitatiol-i of the surplus of the the coaSt6I state.
living resources in the EEZ of coastal statbs1;of the same
sub region or region. It only ha sovereign rights with respect to the exploration
A coastal state whose econom is o erwhelmingly and exPI tion of its natural resources, including the
dependent on the exploitation of its EEZ, however, is not mineral ènc other non-living resources of the seabed and
required to share its resources. subsoil topg ther with living organisms belonging to the
sedentary species.
CONTINENTAL SHELF ;
;
Definition The coastal state has the exclusive right to authorize and
Also known as the archipelagic or inslular sh lfwhich refers regulate lo I drilling on its continental shelf.
to:
1. The seabed and subsoil of the surarine areas These n h s are exclusive in the sense that when the
adjacent to the coastal State bUt outside the coastal 6t6 e does not explore its continental shelf or
territorial sea, to a depth of 200 met rs, or beyond exploit itre sources, no one may undertake these activities
that limit, to where the depth allows exploitation, without th6 oastal state's consent.
and
2. The seabed and subsoil of areas adjacent to CONTINENTAL SHELF EXCLUSIVE ECONOMIC
islands. (UNCLOS, art. 76). , ZONE
,
Extended Continental Shelf Duty to irn+age and conserve living resources
It is part of the Continental Shelf that lies beyond the 200 Coastal state is obliged to
No dutyl
nautical miles from the coastal base ines l i the seabed
manage and conserve living
and subsoil of the submarine areas extendi g beyond the
resources in the EEZ
territorial sea of the coastal state throughobt the natural
prolongation of its lands territory up to: ,
Rights Of 4e coastal state to natural resources
1. The outer edge of the continenta margin; or
2. A distance of 200 nautical miles from th baselines of Relate tO itineral and Have to do with natural
the territorial sea where the outer edge of the other ruin- ving resources of both waters
1 I
continental margin does not extend up to that distance. resources , f the seabed super adjacent to the
and the subsoil seabed and those of the
Continental margin 1 seabed and subsoil
; Hi
the submerged prolongation of the land mass of the Rights Of coastal state to living resources
continental state, consisting of the continental shelf proper, , Ole
,H
the continental slope, and the contin7ntal rib Apply °rill Y o sedentary Do not pertain to sedentary
species Of uch living species
Limits of the Continental Shelf resources
, 1
,
The juridical or legal continental shel covers tne area until Continenta Shelf and EEZ, Distinguished
;
200 nautical miles from baselines.
High Se
The extended continental shelf covers the rea from the All parts Of he sea that are not included in the territorial
200-mile mark to 350 nautical miles from he baselines sea or in th internal waters of a State (UNCLOS, art. 86).
depending on geomorphologic or geolog cal data and
information.

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Allowable Acts in the High Seas
1. Freedom of navigation
2. Freedom of overflight
3. Freedom of scientific research
4. Freedom to construct artificial slands Id structures
5. Freedom of fishing
6. Freedom to lay submarine cable and pipelines
(UNCLOS, art. 87).
China's "nine-dash line" and its claim to rsources based
on historic right is incompatible with the d tailed allocation
of rights and maritime zones under the U CLOS. Even if
China had historic rights to resources in t e waters of the
South China Sea, such rights w re exti 6uished by the
entry into forceof the Convention to the extent they were
incompatible with the Convention's syStern of maritime
zones. Further, China's historical navigati n and fishing in
the waters of the South China sea repres nis the exercise
of high seas freedom, not the exerCise historic right.
(The South China Sea Arbitration, 2013-rn, July 12, 2016)
Bays
Well-marked indentation whose penetra icin is in such
proportion to the width of its 'mouth as to contain
landlocked areas and constitute more ihan a mere
curvature of the coast. An indentation shall not be regarded
as a bay unless its area is as large as, or arger than, that
of the semi-circle whose diameter is a .fin drawn across
the mouth of that indentation. (UNCLOS, r 10(2))
THE AREA
Definition
"Area" means the seabed and ocean fl or and subsoil
thereof, beyond the limits of national jurisdiction.
Legal Status of the Area and Its Resour
No State shall claim or exercise sovereignty or sovereign
rights over any part of the Area or ts reso rces, nor shall
any State or natural or juridical person appr briate any part
thereof. [Article 137, UNCLOS]
The Area and its resources are the com on heritage of
mankind. [Article 136, UNCLOS] Activities in the Area shall
be carried out for the benefit of mankind as 6 whole. [Article
140, UNCLOS]
The Area shall be open to use exclusive y, for peaceful
purposes by all States. [Article 141, UNCL
INTERNATIONAL SEABED AUTHORITY
Definition
It is the organization established by UNCLOS which acts
on behalf of mankind in governing the regime of resources
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POLITICAL LAW
in the A ea. It organizes, carries out and controls the
activiti s of the Area on behalf of mankind as a whole.
ComPois tion
The fOlio wing form the Authority:
1. The) ssembly — all state parties to the UNCLOS
2. Th ouncil —the executive organ whose 36 members
are e ected by the Assembly
3. The nterprise — the organ directly engaged in the
exOlo ation and exploitation of the resources of the
Arda including the transporting, processing and
marketing of minerals
Activifie •in the Area
The Erle prise carries out mining activities on behalf of the
AuthoritY
1. DireC Ily; or
2. By 'cint ventures with: a. State parties; b. State
ente rises; or c. Natural or juridical persons
spon ored by state parties.
Applicat for license in deep seabed mining are limited to
those Co rolled by states parties to the UNCLOS or by
their nai. als.
INTERNATIONAL TRIBUNAL FOR
THE LAW OF THE SEA (ITLOS)
Definit
The Inter ational Tribunal for the Law of the Sea is an
indepen0 nt judicial body to adjudicate disputes arising out
of the inte pretation and application of the UNCLOS. It is
the pror3e venue to resolve the issue on the Baselines
Law.
Jurisdich n of the ITLOS
Its juriscic ion comprises all disputes and all applications
submitted to it in accordance with the Convention. It also
includes a I matters specifically provided for in any other
agreemen which, confers jurisdiction on the Tribunal
(UNCLOS Art. 21). It has jurisdiction to deal with disputes
(contentio?s jurisdiction) and legal questions (advisory
jurisdiction submitted to it.
I
The Tribt i ial, however cannot exercise jurisdiction over
certain typ s of disputes such as disputes over sovereignty
over the si nds of South China Sea and the delimitation of
maritime l4oundary. (The South China Sea Arbitration,
2013-19, '4,ly 12, 2016)
Certain pr conditions must be present before the Tribunal
can exer ise jurisdiction. This includes a dispute
settleme:t mechanism entered into by State Parties and
an exch n e of views between the State Parties on the
means of,settling their dispute. This requirement was met
in the r6dord of diplomatic communications between
ATENEO CENTRAL
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Philippines and China. (The South China ea Arbitration,
2013-19, July 12, 2016)
Both the Philippines and China are 6a1ies to the
Convention and bound by its provisions on, the settlement
of disputes. China's decision not to participate does not
deprive the Tribunal of jurisdict on and ! Philippines'
decision to commence arbitration unilatera ly was not an
abuse of the Convention's dispute settlement Iprocedures.
(The South China Sea Arbitration, 2013-19 Jbly 12, 2016)
Peaceful Settlement of Disputes
Under Article 2, 3rd par.,UN Charter, states have the duty
to settle disputes by peaceful means. Th s obligation
extends to state parties of the UNCLOS, underscoring the
right of the parties to resort to peaceful means of their own
choice on which they can agree any time.
Compulsory Settlement of Disputes
Where no successful settlement canI be ach eyed, or if the
I,
parties are unable to agree on the means o settlement of
a dispute concerning the applicatiOn of U , PLOS,
such
dispute may be governed by the principle 6f compulsory
II
settlement, where procedures entail binding decisions.
The parties may choose, through a 'written ocable and
replaceable declaration, to submit the dispute to:
1. ITLOS;
2. ICJ;
3. Arbitral tribunal;
4. Special arbitral tribunal
I 1
The court or tribunal has jurisdiction over:
1. Any dispute submitted to it concerning t application
or interpretation of UNCLOS; or
2. Any dispute concerning the inter etation or
application of an international agreemen
a. Related to the purposes 'of the NCLOS;
b. When such dispute is submi ed to it in
accordance with that agreement.
N. BASIC PRINCIPLES OF
INTERNATIONAL ENVIRONMENTAL LAW
Overview
It is the branch of public international aw co ptising those
substantive, procedural, and institutional rules Which have
as their primary objective the protec i n of the
environment, the term environment being understood as
encompassing "both the features and the products of the
natural world and those of human civilization" (Sands,
Principles of International Environmental La).
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POLITICAL LAW
Precautionary Principle
In order to protect the environment, the precautionary
approach shall be widely applied by States according to
their capabilities. Where there are threats of serious or
irreversibleLcliamage, lack of full scientific certainty shall not
be used ' s a reason for postponing cost-effective
measure, t prevent environmental degradation (Principle
15, Rio De ! laration).
Factors to be Considered
a. Threarning to human life of health or
b. Ineq6 to present or future generations
c. Prejudice to the environment without legal
consideration of the environmental rights of those
affected
For purP es of evidence, the precautionary principle
should be treated as a principle of last resort, where
applicatie ' f the regular Rules of Evidence would cause
in an in d itable result for the environmental plaintiff.
(Intemation I Service for the Acquisition of Agri-Biotech
ApplicatibLriè v. Greenpeace, G.R. No. 209271, 2015)
The case for the precautionary principle is strongest when
the follow ri6 features coincide:
1. Settings in which the risks of harm are uncertain;
2. Settings in which harm might be irreversible and what
is lost 'Is irreplaceable; and
3. Settings in which the harm that might result would be
serio6. (International Service for the Acquisition of
Agri-Bio ech Applications v. Greenpeace, G.R. No.
209271, 2015)
,
When in I d ubt, cases must be resolved in favor of the
constitutiOn' I right to a balanced and healthful ecology.
Parenthetict Ily, judicial adjudication is one of the strongest
fora in twi ich the precautionary principle may find
applicabili (International Service for the Acquisition of
Agri-BioteJ Applications v. Greenpeace, G.R. No.
209271, is 5)
1 I
The preda ionary principle only applies when the link
1,
between th, cause, that is the human activity sought to be
inhibited, aid the effect, that is the damage to the
environment cannot be established with full scientific
certainty. (West Tower Condomimium v. First Philippine
Industrial fdPrPoration. G.R. No. 194239, 2015)
0111-IR CONCEPTS COVERED BY INT'L
ENVIRONMENTAL LAW
Principle f Common but Differentiated Responsibility
States shall cooperate in a spirit of global partnership to
conserve, Or tect and restore the health and integrity of the
earth's ecos stem. In view of the different contributions to
 ATENEO CENTRAL
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global environmental degradation States have common

but differentiated responsibilities. The dev loped countries
acknowledge the responsibility that th y bear in the
international pursuit to sustainable develo ment in view of
the pressures their societies place n the global
environment and of the techqologies and financial
resources they command (Principle 7, Rio Declaration).
Sic Utere Tuo Ut Alienum Non Laedas rinciple 21 of
the Stockholm Declaration)
. 1
Principle 21: States have the so[iereign right to exploit
their own resources pursuant to their ow environmental
policies, and the responsibility to ensur that activities
within their jurisdiction or control dic not c use damage to
the environment of other States or of areas beyond the
limits of national jurisdiction.
Sustainable Development
It is development that meets the needs of the present
without compromising the ability of future generations to
meet their own needs (Case Concerning he Gabcikovo-
Nagymaros Project (1997)).
No state has the right to use or permit the use of its territory
in such a manner as to cause injurit by fuhies in or to the
territory of another or the properties or p sons therein,
when the case is of serious consequence Di the injury is
established by clear and convincing dence (US v.
Canada (Trail Smelter Case) (1938)).
Some eXceptions are allowed. For example, countries can
set up a free trade agreement that applies only to goods
traded; w thin the group — discriminating against goods
from OS de. Or they can give developing countries special
access to their markets. Or a country can raise barriers
against pifoducts that are considered to be traded unfairly
from Spe ific countries. And in services, countries •are
allowed in limited 'circumstances, to discriminate. But the
agreem6 'ts only permit these exceptions under strict
condition . In general, MFN means that every time a
country lo ers a trade barrier or opens up a market, it has
to do so for the same goods or services from all its trading
partners1 whether rich or poor, weak or strong.
[
1
Natiønl reatment Clause
Importe nd locally-produced goods should be treated
equally at least after the foreign goods have entered the
market e same should apply to foreign and domestic
services, nd to foreign and local trademarks, copyrights
and pateil s. This principle of "national treatment" (giving
others tr , same treatment as one's own nationals) is also
found in ai 1 the three main WTO agreements (Article 3 of
GATT, A icle 17 of GATS and Article 3 of TRIPS),
althoug nce again the principle is handled slightly
differently n each of these.
end of topic

ADDITIONAL DISCUSSION: lisITERNATIONAL

ECONOMIC LAW

Overview
International Economic Law is international law relating to
investment, economic relations, economic development,
economic institutions, and regional econorn c integration
(Black's Law Dictionary, 2004).

Most Favoured Nation Clause

Under the WTO agreements, couqtries cnnot normally
discriminate between their trading artner4 or grant one
State party a special favour (such as a lowe customs duty
rate for one of their products) without exten ng the same
to all other WTO members.

It is so important that it is the first article f ,the General

Agreement on Tariffs and Trade (GATT), vhich governs
trade in goods. The clause is also a priority n,the General
Agreement on Trade in Services (GATS, art 2) and the
Agreement on Trade-Related AsCects Of Intellectual
Property Rights (TRIPS, art. 4) although in each
agreement the principle is handled sligly differently.
Together, those three agreements cover I three main
areas of trade handled by the WTO.

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