ATENEO CENTRAL BAR OPERATIONS 2007 Political Law SUMMER REVIEWER CONSTITUTIONAL LAW ............................................................. ................................................................

2 ARTICLE I THE NATIONAL TERRITORY ............................................................ ................................... 2 ARTICLE II DECLARATION OF PRINCIPLES AND S TATE POLICIES................................................... 2 ARTICLE III B ILL OF RIGHTS .................................................................. ............................................... 4 ARTICLE IV CITIZENSHIP ....... ................................................................................ ........................... 23 ARTICLE V SUFFRAGE .............................. ................................................................................ ........24 ARTICLE VI THE LEGISLATIVE DEPARTMENT................................ ............................................... 25 ARTICLE VII. THE EXECUTIVE DE PARTMENT ....................................................................... ........... 35 ARTICLE VIII. THE JUDICIAL DEPARTMENT............................ .......................................................... 43 ARTICLE IX THE CON STITUTIONAL COMMISSIONS ........................................................ ............. 46 THE CIVIL SERVICE COMMISSION................................... .............................................................. 47 THE COMMISSION ON ELECTIONS................................................................... ............................. 50 THE COMMISSION ON AUDIT ....................... ................................................................................ .. 53 ARTICLE X: LOCAL GOVERNMENT............................................... ..................................................... 54 ARTICLE XI: ACCOUNTABIL ITY OF PUBLIC OFFICERS.......................................................... ......... 57 ARTICLE XII NATIONAL ECONOMY AND PATRIMONY ........................ ........................................... 61 ARTICLE XIII SOCIAL JUSTICE AND H UMAN RIGHTS..................................................................... 65 ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS . ... 67 ARTICLE XVI - GENERAL PROVISIONS......................................... ..................................................... 68 ARTICLE XVII- AMENDMENT S OR REVISIONS.................................................................. ................. 69 ARTICLE XVIII - TRANSITORY PROVISIONS ..................... ................................................................. 71 PUBLIC INTE RNATIONAL LAW .................................................................. ............................................. 72 THE NATURE OF INTERNATIONAL LAW ................................................................................ ............ 72 SOURCES OF INTERNATIONAL LAW.................................... ..............................................................72 TREATIES ...... ................................................................................ ........................................................ 73 INTERNATIONAL LAW AN D MUNICIPAL LAW................................................................. .................... 74 SUBJECTS OF INTERNATIONAL LAW........................... ......................................................................74 STATE R ESPONSIBILITY................................................................... ................................................... 76 SETTLEMENT OF DISPUTES .. ................................................................................ ............................. 77 SPECIAL TOPICS ................................ ................................................................................ .................. 77 LAW ON HUMAN RIGHTS....................................... .............................................................................. 8 1 ADMINISTRATIVE LAW ........................................................... ................................................................. 84 LAW ON PUBL IC CORPORATION ................................................................. .......................................... 89 LAW ON PUBLIC OFFICERS ........... ................................................................................ ......................... 98 ELECTION LAW....................................... ................................................................................ ................ 104

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Advisers: Atty. Sedfrey Candelaria; Head: Patricia Libo-on; Understudy: Grip Buet a Members: Felippe Closa, Juancho Hernandez, Immaculada Ylagan

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 CONSTITUTIONAL LAW Article I THE NATIONAL TERRITORY The national territory of th e Philippines comprises: 1) the Philippine archipelago; 2) all other territories over which the Philippines has sovereignty or jurisdiction PHILIPPINE ARCHIPELA GO that body of water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty with Great Britain (1930). consists of its a)Terrestrial b)Fluvial c) Aerial domains including its a)Territorial sea b)The seabed c) The subsoil d)The insular shelve s; and e)The other submarine areas INTERNAL WATERS the waters Around, Between an d Connecting the islands of the archipelago, regardless of their breadth and dim ensions ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURI SDICTION includes any territory that presently belongs or might in the future bel ong to the Philippines through any of the accepted international modes of acquir ing territory. ARCHIPELAGIC PRINCIPLE Two elements: 1. The definition of interna l waters (supra); 2. The straight baseline method of delineating the territorial sea consists of drawing straight lines connecting the outermost points on the c oast without departing to any appreciable extent from the general direction of t he coast. are needed see this picture. Important distances with to respect to the waters a round the Philippines Territorial Sea 12 nautical miles (n.m.) Contiguous Zone 1 2 n.m. from the edge of the territorial sea Exclusive 200 n.m. from the baseline Economic Zone [includes T.S. and C.Z.] NOTE: There can be a Continental Shelf w ithout an EEZ, but not an EEZ without a Continental Shelf. QuickTime and a TIFF ( Uncompressed) decompressor TERRITORIAL SEA The belt of the sea located between the coast and internal water s of the coastal state on the one hand, and the high seas on the other, extendin g up to 12 nautical miles from the low water mark. CONTIGUOUS ZONE Extends up to 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 Body of water ext ending up to 200 nautical miles, within which the state may exercise sovereign r ights to explore, exploit, conserve and manage the natural resources The state i n the EEZ exercises jurisdiction with regard to: 1. the establishment and use of artificial islands, installations, and structures; 2. marine scientific researc h; 3. the protection and preservation of marine environment; Article II DECLARAT ION OF PRINCIPLES AND STATE POLICIES Selected principles The Philippines is a de mocratic and Sec. 1. republican state. Sovereignty resides in the people and all government authority emanates from them. Elements of a State (for municipal law purposes) 1) People A group of persons sufficiently numerous held together by a common bond 2) Territory A definite area over which the State exercises soverei gn jurisdiction 3) Sovereignty Power of the State to regulate matters within its own territory. 4) Government Institution organized and run in order to manage t he affairs of the State. Classification of governments 1) De jure Government whi ch is placed in power following legal / constitutional processes. 2) De facto a government that actually exercises power or control but without legal title. Cla ssification of de facto governments Page 2 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1) De facto proper a. That government that gets possession and control of b. or usurps by force or by the voice of majority c. the rightful legal government d. and maintains itself against the will of the latter. 2) Government of paramount force a. That which is established and maintained by military forces b. who inva de and occupy a territory of the enemy c. in the course of war. d. That establis hed as an independent government by the inhabitants of a country who rise in ins urrection against the parent state. REPUBLICAN STATE It is one wherein all governm ent authority emanates from the people and is exercised by representatives chose n by the people. DEMOCRATIC STATE This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum. Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the genera lly accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and ami ty with all nations. The Philippines renounces AGGRESSIVE war as an instrument o f national policy, but allows for a defensive war. Pimentel, Jr. v Office of the Executive Secretary (462 SCRA 622) (July 6, 2005) Ratio: 1) Signing of the Trea ty shows the assent of the State to the treaty which it seeks to enter and has t he corresponding duty on the State to refrain from actions which may defeat the purpose of the treaty. 2) A State party is not bound to ratify a treaty which it signs, however it goes without saying that the refusal must be based on substan tial grounds and not on superficial or whimsical reasons. 3) The President has t he discretion even after the signing of the treaty by the Philippine representat ive whether or not to ratify the same. 4) It is within the authority of the Pres ident to refuse to submit a treaty to the Senate or, having secured its consent for its ratification, refuse to ratify it. Southern Cross Cement Corporation v. Cement Manufacturers Association of the Philippines (465 SCRA 532) (August 3, 20 05) Ratio: Our treaty obligations dissuade the State for now from implementing d efault protectionist trade measures such as tariffs, and allow the same only und er specified conditions. To insulate factual determination from political pressu re, and to assure that it be conducted by an entity especially qualified by reas ons of its general functions to undertake such investigation, Congress deemed it necessary to delegate to the Tariff Commission the function of ascertaining whe ther or not those factual conditions exist to warrant the atypical imposition of safeguard measures Examples of Generally Accepted Principles of International Law" cited in Philipp ine Jurisprudence: 1) The right of an alien to be released on bail while awaitin g deportation when his failure to leave the country is due to the fact that no c ountry will accept him (Mejoff v. Director of Prisons, 90 Phil. 70) 2) The right of a country toandestablish military QuickTime a TIFF (Uncompressed) decompresso r commissions to are needed to see criminals (Kuroda v. try war this picture. Ja londoni, 83 Phil. 171) 3) The Vienna Convention on Road Signs and Signals and Pa cta Sunt Servanda (Agustin v. Edu, 88 SCRA 195) 4) Duty to protect the premises of embassies and legations (Reyes v. Bagatsing, G.R. 65366) Sec. 3. Civilian authority is, at all times, supreme over the military. The Arme d Forces of the Philippines is the protector of the people and the State. Its go al is to secure the sovereignty of the State and the integrity of the national t erritory. st Civilian authority/Supremacy clause (1 sentence) The Constitution provides that the head of the armed forces is a civilian president and the primary purpose of AFP is to serve and protect the people. Page 3 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Mark of sovereignty (2nd and 3rd sentences) Positively, the military is the guar dian of the people and of the integrity of the national territory and therefore ultimately of the majesty of the law. Negatively, it is an expression against mi litary abuses. Sec. 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military, or civil service. Sec. 5. The maintenance of peace and order, the protection of life, liberty and property, and the promo tion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Sec. 6. The separation of Church and State shall be inviolable. Selected state policies Sec. 7. The State shall pursue an independe nt foreign policy. In its relations with other states, the paramount considerati on shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. Paramount considerations in its relations with other states: 1) National sovereignty 2) Territorial integrity 3) National inter est 4) Right to self-determination Sec. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons i n its territory. Policy of freedom from nuclear weapons 1. The policy PROHIBITS: a) The possession, control and manufacture of nuclear weapons b) Nuclear arms t ests. 2. The policy does NOT prohibit and a peaceful use of QuickTime the TIFF (U ncompressed) decompressor nuclear energy. are needed to see this picture. Sec. 1 2. The State recognizes the sanctity of family life and shall protect and streng then the family as a basic autonomous social institution. It shall equally prote ct the life of the mother and the life of the unborn from conception x x x Oposa v. Factoran, 224 SCRA 792 The right to a balanced and healthful ecology is not less important than any of the civil 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. Sec. 2 6. The State shall guarantee equal access to opportunities for public service, a nd prohibit political dynasties as may be defined by law. Sec. 27. The State sha ll maintain honesty and integrity in the public service and take positive and ef fective measures against graft and corruption. Sec. 28. Subject to reasonable co nditions prescribed by law, the State adopts and implements a policy of full pub lic disclosure of all its transactions involving public interest. Principle that the family is not a creature of the state. Protection for the unborn It is not an assertion that the unborn is a legal person. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. Hen ce, when it is necessary to save the life of the mother, the life of the unborn may be sacrificed. Under this provision, the Roe v. Wade doctrine allowing abort ion up to the 6th month of pregnancy cannot be adopted in the Philippines becaus e the life of the unborn is protected from the time of conception. Sec. 16. The State shall protect and advance the right of the people to a balanced and health ful ecology in accord with the rhythm and harmony of nature. Article III BILL OF RIGHTS Sec. 1. 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. Page 4 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 POLICE POWER Power vested in the legislature by the Constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinan ces either with penalties or without not repugnant to the constitution as they s hall judge to be for the good and welfare of the commonwealth and of the subject s of the same. Aspects of Due Process: Procedural due process refers to the mode o f procedure, which government agencies must follow in the enforcement, and appli cation of laws. -A law which hears before it condemns, proceeds upon inquiry and renders judgment only after trial. - Due process of law contemplates notice and opportunity to be heard before judgment is rendered affecting ones person or pro perty (Lopez v. Dir. of Lands) - Due process depends on circumstances; it varies with the subject matter and the necessities of the situation. Requisites of PRO CEDURAL due process: For JUDICIAL proceedings: CODE: I J H J a. An impartial cou rt or tribunal clothed with judicial power to hear and determine the matter befo re it. b. Jurisdiction must be lawfully acquired over the person of the defendan t or over the property, which is the subject of the proceedings. c. The defendan t must be given notice and an opportunity to be heard. (notice and hearing) d. J udgment must be rendered upon a lawful hearing. For ADMINISTRATIVE proceedings: CODE: H E D S H I P a. The right to a hearing, and a QuickTime which includes the TIFF (Uncompressed) decompressor right to present ones picture. and submit are n eeded to see this case evidence in support thereof. b. The tribunal must conside r the evidence presented. c. The decision must have something to support itself. d. Evidence supporting the conclusion must be substantial. e. 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. f. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and f acts of the controversy, and not simply accept the views of a subordinate in arr iving at a decision. g. The board or body should, in all controversial questions , render its decision in such a manner that the parties to the proceeding can kn ow the various issues involved and the reasons for the decision rendered. NOTE: 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. Violation of due process: when same person reviews his own decision on appeal. Notice and hearing are required in judicial and quasijudicial proceedings, but not in the promulgation of general rule. For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P a. The student must be informed in writing of the nature and cause of any accusation against them. b. The student shall have the right to answer the charg es against him, with the assistance of counsel if desired. c. The student has th e right to be informed of the evidence against him. d. The student has the right to adduce evidence in his own behalf. e. The evidence must be duly considered b y the investigating committee or official designated by the school authorities t o hear and decide the case. f. The penalty imposed must be proportionate to the offense. NOTE: The school has a contractual obligation to afford its students a fair opportunity to complete the course a student has enrolled for. Exceptions: a. Serious breach of discipline; or b. Failure to maintain the required academic standard. Proceedings in student disciplinary cases may be summary; cross-exami nation is not essential Page 5 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 f. Instances when hearings are NOT necessary: a. When administrative agencies ar e exercising their quasi-legislative functions. b. Abatement of nuisance per se. c. Granting by courts of provisional remedies. d. Cases of preventive suspensio n. e. Removal of temporary employees in the government service. f. Issuance of w arrants of distraint and/or levy by the BIR Commissioner. g. Cancellation of the passport of a person charged with a crime. h. Issuance of sequestration orders (considered a provisional remedy). i. Judicial order which prevents an accused f rom traveling abroad in order to maintain the effectivity of the courts jurisdict ion. j. Suspension of a banks operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank. NOTE: The right to counsel is a ver y basic requirement of substantive due process and has to be observed even in ad ministrative and quasi-judicial bodies. The right to appeal is a statutory privi lege that may be exercised only in the manner in accordance with law, except for the minimum appellate jurisdiction of the Supreme Court provided in Article VII I Section 5 of the Constitution, which may not be increased or reduced by law. M ust be general and consistent with public policy VOID FOR VAGUENESS DOCTRINE When is a law VAGUE? When it lacks COMPREHENSIBLE ST ANDARDS That men of common intelligence must necessarily GUESS as to its meaning and differ as to its application. Why is a VAGUE law unconstitutional? 1) It VI OLATES DUE PROCESS for failure to accord persons fair notice of the conduct to a void; and 2) It leaves law enforcers UNBRIDLED DISCRETION in carrying out its pr ovisions. OVERBREADTH DOCTRINE: A government purpose may not be achieved by mean s, which sweep unnecessarily broadly and thereby invade the area of protected fr eedoms. NOTE: 1. Vagueness and overbreadth are distinct from each other; a vague law must lack clarity and precision, while an overbroad law need not. 2. Vaguen ess may be applied to cases involving speech and also criminal cases (although s ee contrary ruling that vagueness does not apply to criminal cases, as held in E strada v. Sandiganbayan, G.R. No. 148560) 3. Overbreadth as an analytical tool i s applicable only to cases involving speech. EQUAL PROTECTION OF THE LAW The equ ality that it guarantees is legal equality or the equality of all persons before the law. It does not demand absolute equality. It merely requires that all pers ons shall be treated alike, under like circumstances and conditions both as to p rivileges conferred and liabilities enforced. Requisites for valid classificatio n for purposes of the equal protection clause The classification must: CODE: SGE E a. Rest on SUBSTANTIAL DISTINCTIONS b. Be GERMANE to the purposes of the law c . NOT LIMITED TO EXISTING CONDITIONS only d. APPLY EQUALLY to all members of the SAME CLASS. Substantive due process prohibition against arbitrary laws. Requisites of SUBSTA NTIVE due process: CODE: I M a. The INTERESTS of the public generally, as distin guished from those of a particular class, requires the interference by the gover nment and b. The MEANS employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Requisites of a valid ordinance: CODE: Must NOT CUPPU, Must be GC a. Must not co ntravene the Constitution or any statute b. Must not be unfair or oppressive c. Must not be partial or discriminatory d. Must not prohibit, but may regulate tra de e. Must not be unreasonable Page 6 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Millares v. Philippine Long Distance Telephone Co. Inc. (458 SCRA 102) (May 6, 2 005) Ratio: Procedural due process requires the employer to give the employee tw o notices first is the notice apprising him of the particular acts or omissions for which his dismissal is sought, and, second is the subsequent notice informin g him of the employers decision to dismiss him. Requisites for a valid warrant: C ODE: P J E D One a. It must be issued upon PROBABLE CAUSE. b. The existence of p robable cause is determined personally by the JUDGE. c. The judge must EXAMINE U NDER OATH the complainant and the witnesses he may produce. d. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized . e. It must be in connection with One specific offense. PROBABLE CAUSE Ratio: Pro cedural due process requires the employer to give the employee two notices first is the notice apprising him of the particular acts or omissions for which his d ismissal is sought, and, second is the subsequent notice informing him of the em ployers decision to dismiss him. Actual adversarial proceeding becomes necessary only for clarification or when there is a need to propound searching questions t o unclear witnesses, a procedural right which the employee must ask for. Where t he dismissal of the employee from service is due to dishonesty or for a just cau se but due process was not observed as no hearing was conducted despite her requ est, the employer should be held liable for indemnity in the form of nominal dam ages. For the issuance of a warrant of arrest: Probable cause refers to such fac ts and circumstances, which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. For the issuance of a search warrant: Probable cause would mean such facts and c ircumstances, which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection wit h the offense are in the place to be searched. NOTE: Probable cause for the issu ance of a search warrant does NOT require that the probable guilt of a specific offender be established, unlike in the case of a warrant of arrest. Existence of probable cause DETERMINED PERSONALLY BY THE JUDGE Soliven v. Makasiar, 167 SCRA 3 94 The judge is NOT required to personally examine the complainant and his witne sses. What the Constitution underscores is the exclusive and personal responsibi lity of the issuing judge to satisfy himself of the existence of probable cause. Lim v. Felix, 187 SCRA 292 To be sure, the Judge must go beyond the prosecutors certification and investigation report whenever necessary. Procedure: The judge personally evaluates the report and supporting documents submitted by the prosec utor regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest or if on the Page 7 of 125 Lavador v. J Marketing Corporation (461 SCRA 497) (June 28, 2005) Sec. 2. The right of the people to be secure in their persons, houses, papers, a nd effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest sha ll issue except upon probable QuickTime and a be determined cause to TIFF (Uncomp ressed) decompressor are after examination under oath personally by the judgenee ded to see this picture. or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the person or things to be seized. General Rule: Search and seizures are unreasonable UNLE SS authorized by a validly issued search warrant or warrant of arrest

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 basis thereof, the judge finds no probable cause, he may disregard the prosecuto rs report and require the submission of supporting affidavits of witnesses to aid him in arriving at the conclusion as to the existence of probable cause. Examin ation UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES Alvarez v. CFI, 6 4 Phil. 33 The oath required must refer to the truth of the facts within the per sonal knowledge of the complainant or his witnesses because the purpose is to co nvince the judge of the existence of probable cause. The true test of sufficienc y of an affidavit to warrant the issuance of a search warrant is whether it has been drawn in such a manner that perjury could be charged thereon and affiant co uld be held liable for the damages caused. PARTICULARITY OF DESCRIPTION (SEARCH WARRANT) Bache and Co. v. Ruiz, 37 SCRA 823 A search warrant may be said to part icularly describe the things to be seized when the description therein is as spe cific as the circumstances will ordinarily allow or When the description express es a conclusion of fact not of law 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 for which the warrant is being issu ed. JOHN DOE WARRANT A John Doe warrant can satisfy the requirement of particulari ty of description if it contains a descriptio personae such as will enable the o fficer to identify the accused (People v. Veloso, 48 Phil. 159) GENERAL WARRANT A general warrant is one that does not allege any specific acts or omissions con stituting the offense QuickTime and a TIFF (Uncompressed) decompressor charged in the application tofor this picture. are needed see the issuance of the warrant. It contravenes the explicit demand of the Bill of Rights that the things to be seized be particularly described. VALID WARRANTLESS SEARCH (IM CWAPO) Search mad e as an Incident to lawful arrest A. An officer making an arrest may take from t he person arrested: i. Any money or property found upon his person which was use d in the commission of the offense or ii. Was the fruit thereof or iii. Which mi ght furnish the prisoner with the means of committing violence or escaping or iv . Which may be used in evidence in the trial of the case B. The search must be m ade simultaneously with the arrest and it may only be made in the area within th e immediate control of the person arrested Search of Moving vehicles A. This exc eption is based on exigency. Thus, if there is time to obtain a warrant in order to search the vehicle, a warrant must first be obtained. B. The search of a mov ing vehicle must be based on probable cause. Seizure of goods concealed to avoid Customs duties/authorized under the Tariffs and Customs Code A. The Tariffs and Customs Code authorizes persons having police authority under the Code to effec t search and seizures without a search warrant to enforce customs laws. B. Excep tion: A search warrant is required for the search of a dwelling house. C. Search es under this exception include searches at borders and ports of entry. Searches in these areas do not require the existence of probable cause Seizure of eviden ce in Plain view A. There was a prior valid intrusion; B. The evidence was inadv ertently discovered; C. The evidence is immediately apparent; D. Plain view is j ustified seizure without further search. (People v. Valdez, 341 SCRA 25) Waiver of right A. Requisites of a valid waiver: i. The right exists. ii. The person ha d actual or constructive knowledge of the existence of such right. iii. There is an actual intention to relinquish such right Page 8 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 B. The right against unreasonable searches and seizures is a personal right. Thu s, only the person being searched can waive the same. C. Waiver requires a posit ive act from the person. Mere absence of opposition is not a waiver. D. The sear ch made pursuant to the waiver must be made within the scope of the waiver. Arme d Conflict (wartime) Others A. Conduct of "Areal Target Zone" and "Saturation Dr ives" in the exercise of military powers of the President (Guazon vs. De Villa, 181 SCRA 623) B. Checkpoints (Valmonte vs. De Villa, 178 SCRA 211) REQUISITES: C ODE: P.A.L.V. 1. Abnormal times 2. Limited to visual search 3. Vehicle not searc hed 4. Passengers not subjected to body search Valmonte V. De Villa As long as t he vehicle is neither searched nor its occupants subjected to a body search and the inspection of the vehicle is limited to a visual search = valid search. C. S top and Frisk Even before an arrest, when an officer is justified in believing t hat the individual whose suspicious behavior he is investigating at close range is presently dangerous, he may conduct a limited protective search. The purpose of this limited search is not to discover evidence of a crime but to allow the o fficer to pursue his investigation without risk of violence. D. Exigent and emer gency circumstances best illustrated in People v. De Gracia (233 SCRA 716), wher e a warrantless search was allowed where there was a prevailing general chaos an d disorder because of an ongoing coup. NOTE: are needed to see this picture. Car roll rule: warrantless search of a vehicle that can be quickly moved out of the locality or jurisdiction is valid The 1987 Constitution has returned to the 1935 rule that warrants may be issued only by judges, but the Commissioner of Immigr ation may order the arrest of QuickTime and a TIFF (Uncompressed) decompressor an alien in order to carry out a FINAL deportation order. INSTANCES WHEN WARRANT LESS ARRESTS ARE VALID: a. When the person to be arrested has committed, is actu ally committing, or is about to commit an offense in the presence of the arresti ng officer. b. When an offense has in fact just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts and circumstances indicating that the person to be arrested has committed it. c. Whe n the person to be arrested is a prisoner who has escaped from a penal establish ment or place where he is serving final judgment or temporarily confined while h is case is pending, or has escaped while being transferred from one confinement to another. Waiver of an invalid arrest: When a person who is detained applies for bail, he is deemed to have waived any irregularity which may have occurred in relation to his arrest. However, when a person who is detained applies for bail, before he enters a plea, he is not barred from later questioning the legality of his arres t. Hot pursuit A. The pursuit of the offender by the arresting officer must be c ontinuous from the time of the commission of the offense to the time of the arre st. B. There must be no supervening event which breaks the continuity of the cha se. Stop and frisk When a policeman observes suspicious activity, which leads hi m to believe that a crime is about to be committed, he can investigate the suspi cious looking person and may frisk him for weapons as a measure of self-protecti on. Should he find, however, a weapon on the suspect, which is unlicensed, he ca n arrest such person then and there for having committed an offense in the offic ers presence. NOTE: Probable cause is the minimal requirement for the validity of either a warrantless arrest or a warrantless search. Page 9 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 United Laboratories, Inc. v. Isip (461 SCRA 574) (June 28, 2005) Ratio: On searc h warrant proceedings A search warrant proceeding is, in no sense, a criminal pr oceeding or the commencement of a prosecution it is a special and peculiar remed y, drastic in nature, and made necessary because of public necessity, resembling in some respect with what is commonly known as John Doe proceedings A search wa rrant is a legal process which has been likened to a writ of discovery employed by the State to procure relevant evidence of crime it is in the nature of a crim inal process, restricted to cases of public prosecutions and not a process for a djudicating civil rights or maintaining mere private rights. A private individua l or a private corporation complaining to the NBI or to a government agency char ged with the enforcement of special penal laws, such as the BFAD, may appear, pa rticipate and file pleadings in the search warrant proceedings to maintain, inte r alia, to validity of the search warrant issued by the court and the admissibil ity of the properties seized. While the general rule is that the proper party to file a petition in the Court of Appeals or Supreme Court to assail any adverse order of the RTC in search warrant proceedings is the People, a private corporat ion may file the petition for certiorari which may be considered as the petition filed by the OSG. On the plain view doctrine The plain view doctrine is not an exception to the warrant it merely serves to supplement the prior justification, whether it be a warrant for another subject, hot pursuit, search as an incident to a lawful arrest or some other legitimate reason for being present, unconnect ed with a search directed against the accused. The immediate requirement means t hat the executing TIFF (Uncompressed) decompressor officerQuickTime and a any tim e of can, at discovery of are needed to see thisor the facts therein the object picture. available to him, determine probable cause of the objects incriminating evidence to be immediate, probable cause must be the direct result of the office rs instantaneous sensory perception of the object. The immediately apparent test does not require an unduly high degree of certainty as to the incriminating char acter of the evidence incriminating means the furnishing of evidence as proof of circumstance tending to prove the guilt of a person. Sec. 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order o f the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section sha ll be inadmissible for any purpose in any proceedings. R.A. 4200 (Anti-Wiretapping Act) Ramirez v. Ca The law does not distinguish betw een a party to the private communication or a third person. Hence, both a party and a third person could be held liable under R.A. 4200 if they commit any of th e prohibited acts under R.A. 4200. Gaanan v. IAC, 145 SCRA 112 The use of a telephone extension to overhear a priva te 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 pur posely installed for the purpose of secretly intercepting or recording private c ommunication. Types of communication protected: Letters, messages, telephone cal ls, telegrams and the like. Exclusionary rule: People v. Marti, 193 SCRA 57 Any evidence obtained shall be inadmissible for any purpose in any proceeding. Howev er, in the absence of governmental interference, the protection against unreason able search and seizure cannot be extended to acts committed by private individu als. Constitutional Right to Privacy The right to privacy, the right to be left alone, is protected by the guarantee of due process over liberty, the right agai nst unreasonable searches and seizures, the right to privacy of communications, liberty of abode, the right to form associations, and the right against self inc rimination. (Ople v. Torres, 293 SCRA 141) Sec. 4. No law shall be passed abridg ing the freedom of speech, of expression, or of the press, or of the right of th e people peaceably to assemble and petition the government for redress of grieva nces. Page 10 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 What are considered protected speech: Protected speech includes every form of ex pression, whether oral, written, tape or disc recorded. It includes motion pictu res as well as what is known as symbolic speech such as the wearing of an armban d as a symbol of protest. Peaceful picketing has also been included within the m eaning of speech. Prohibitions under Section 4 Prohibition against PRIOR RESTRAI NT Prohibition against SUBSEQUENT PUNISHMENT Prohibition against prior restraint Prior restraint means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. Examples/ forms of prior restraint a. movie censorship b. judicial prior restraint = injun ction against publication c. license taxes based on gross receipts for the privi lege of engaging in the business of advertising in any newspaper d. flat license fees for the privilege of selling religious books When prohibition does not app ly (Near v. Minnesota, 238 US 697) a. When the nation is at war. Ex: government can prevent publication about the number/location of its troops b. Obscene publi cations c. Security of community life may be protected against incitements to ac ts of violence or overthrow by force of orderly government. When is a Government control-based regulation justified? a. It is within the constitutional power of the government; b. It furthers an important or substantial government interest; c. The governmental interest is unrelated to the suppression of free expression ; and d. The incidental restriction is no greater than is essential to the furth erance of the interest. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. punishing unlawful acts rather than prohibiting speech. The COMELEC can confisca te false survey results by virtue of its power under the Administrative Code of 1987 to stop false election propaganda. Standards for allowable subsequent punis hment TEST 1. Dangerous Tendency Test CRITERION There should be a RATIONAL CONNE CTION between the speech and the evil apprehended. (Focus on CONTENT) There shou ld be a clear and present danger that the words when used under such circumstanc es are of such a nature as to create a CLEAR AND PRESENT DANGER that they will b ring about the substantive evils that the State has a right to prevent. (Focus o n CONTENT & CONTEXT) The courts should BALANCE the PUBLIC INTEREST served by leg islation on one hand and the FREEDOM OF SPEECH (or any other constitutional righ t) on the other. The courts will then decide where the greater weight should be placed. (Focus on weighing Government and Private interest) 2. Clear and Present Danger Test 3. Balancing of Interests Test Social Weather Station v. COMELEC The prohibition of publication of election sur veys shortly before elections does not meet the last two tests. The causal conne ction of expression to the asserted government interest makes such interest rela ted to the suppression of free expression. The regulation can be more narrowly p ursued by Freedom of Speech The doctrine on freedom of speech was 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. Commercial Speech Communication which no more than proposes a commercial transaction. Page 11 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 To enjoy protection: 1. It must not be false or misleading; and 2. It should not propose an illegal transaction. May be regulated if: 1. Government has a substa ntial interest to protect; 2. The regulation directly advances that interest; an d 3. It is not more extensive than is necessary to protect that interest. (Centr al Hudson Gas and Electric Corp. v. Public Service Commission of NY, 447 US 557) Unprotected Speech 1. LIBEL FAIR COMMENT (U.S. Rule). These are statements of O PINION, not of fact, and are not considered actionable, even if the words used a re neither mild nor temperate. What is important is that the opinion is the true and honest opinion of the person. The statements are not used to attack persona lities but to give ones opinion on decisions and actions. Borjal v. CA, 301 SCRA 1 Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. The doctrine of fair comment means that while in general, every discreditable imputation publicly made is dee med false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the d iscreditable imputation is directed against a public person in his public capaci ty, it is not necessarily actionable; unless it be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opin ion, based on facts, then it is immaterial that the opinion happens to be mistak en as long as it might reasonably be inferred from the facts. Whether the work d epicts or describes, in a patently offensive way, sexual conduct, specifically d efined by law. Whether the work, taken as a whole, lacks serious literary, artis tic, political or scientific value. B. Procedure for seizure of allegedly obscen e publications a) Authorities must apply for issuance of search warrant. b) Cour t must be convinced that the materials are obscene. Apply clear and present dang er test. c) Judge will determine whether they are in fact obscene. d) Judge will i ssue a search warrant. e) Proper action should be filed under Art. 201 of the RP C. f) Conviction is subject to appeal. Right of Assembly and Petition 1. The sta ndards for allowable impairment of speech and press also apply to the right of a ssembly and petition. 2. Rules on assembly in PUBLIC places (Reyes v. Bagatsing, G.R. No. L-65366): Applicant should inform the licensing authority of the date, the public place where and the time when the assembly will take place. The appl ication 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 it s grant, but in another public place. The grant or refusal should be based on th e application of the Clear and Present Danger Test. If the public authority is o f the view that there is an imminent and grave danger of a substantive evil, the applicants must be heard on the matter. The decision of the public authority, w hether favorable or adverse, must be transmitted to the applicants at the earlie st opportunity so that they may, if they so desire, have recourse to the proper judicial authority. 3. Rules on assembly in PRIVATE properties: Only the consent of the owner of the property or person entitled to possession thereof is requir ed. OPINIONS. With respect to public personalities (politicians, actors, anyone with a connection to a newsworthy event), opinions can be aired regarding their publ ic actuations. QuickTime and a on their private Comment TIFF (Uncompressed) decom pressor lives, if not germane to needed topublic personae, are not are their see this picture. protected. 2. OBSCENITY A. Test for obscenity (Miller v. Californ ia) Whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest. Page 12 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Right of the people peaceably to assemble BAYAN versus EDUARDO ERMITA (G.R. No. 169838)/ Jess del prado versus ERMITA (G.R. No. 169848)/ KILUSANG MAYO UNO versu s THE HONORABLE EXECUTIVE SECRETARY (G.R. No. 169881) (April 25, 2006)* Facts: P etitioners in this case contest the validity of BP 880 (The Public Assembly Act of 1985) and the policy of Calibrated Preemptive Response (CPR), which was issued in lieu of the Maximum Tolerance policy through a statement by Executive Secretary Ermita. Petitioners are protesters who claim that they were conducting a peacef ul mass action when they were violently dispersed by virtue of the no permit, no rally policy and the recently issued CPR policy. Issues: 1. On the constitutional ity of Batas Pambansa No. 880, specifically Sections 4, 5, 6, 12 13(a) and 14(a) thereof, and Republic Act No. 7160: a. Are these content-neutral or content-bas ed regulations? b. Are they void on grounds of overbreadth or vagueness? c. Do t hey constitute prior restraint? d. Are they undue delegations of powers to Mayor s? e. Do they violate international human rights treaties and the Universal Decl aration of Human Rights? 2. On the constitutionality and legality of the policy of Calibrated Preemptive Response (CPR): a. Is the policy void on its face or du e to vagueness? b. Is it void for lack of publication? c. Is the policy of CPR v oid as applied to the rallies of September 26 and October 4, 5 and 6, 2005? QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Ratio: The Court held that although people have the right to peaceably assemble and stage mass actions (1987 Constitution, Art.3, Sec.4), such right is not abso lute (Primicias v. Fugoso and Reyes v. Bagatsing). B.P. 880 is a codification of the ruling in Reyes v. Bagatsing, setting forth the requirements and procedure which are necessary to regulate the time, place and manner of public a ssemblies. B.P. 880 was also held to be a content-neutral legislation. A fair an d impartial reading of B.P. No. 880 thus readily shows that it refers to all kin ds of public assemblies that would use public places. The reference to lawful cau se does not make it contentbased because assemblies really have to be for lawful causes; otherwise they would not be peaceable and entitled to protection. Neither are the words opinion, protesting and influencing in the definition of public assembly content based, since they can refer to any subject. The words petitioning the go vernment for redress of grievances come from the wording of the Constitution, so its use cannot be avoided. Finally, maximum tolerance is for the protection and benefit of all rallyists and is independent of the content of the expressions in the rally. Furthermore, the permit can only be denied on the ground of clear an d present danger to public order, public safety, public convenience, public mora ls or public health. This is a recognized exception to the exercise of the right even under the Universal Declaration of Human Rights and the International Cove nant on Civil and Political Rights. Considering that the existence of such freed om parks is an essential part of the laws system of regulation of the peoples exer cise of their right to peacefully assemble and petition, the Court is constraine d to rule that after thirty (30) days from the finality of this Decision, no pri or permit may be required for the exercise of such right in any public park or p laza of a city or municipality until that city or municipality shall have compli ed with Section 15 of the law. For without such alternative forum, to deny the p ermit would in effect be to deny the right. Advance notices should, however, be given to the authorities to ensure proper coordination and orderly proceeding. O n the matter of the CPR, the Solicitor General has conceded that the use of the term should now be discontinued, since it does not mean anything other than the maximum tolerance policy set forth in B.P. No. 880. Page 13 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Furthermore, there is need to address the situation adverted to by petitioners w here mayors do not act on applications for a permit and when the police demand a permit and the rallyists could not produce one, the rally is immediately disper sed. In such a situation, as a necessary consequence and part of maximum toleran ce, rallyists who can show the police an application duly filed on a given date can, after two days from said date, rally in accordance with their application w ithout the need to show a permit, the grant of the permit being then presumed un der the law, and it will be the burden of the authorities to show that there has been a denial of the application, in which case the rally may be peacefully dis persed following the procedure of maximum tolerance prescribed by the law. In th is Decision, the Court goes even one step further in safeguarding liberty by giv ing local governments a deadline of 30 days within which to designate specific f reedom parks as provided under B.P. No. 880. If, after that period, no such park s are so identified in accordance with Section 15 of the law, all public parks a nd plazas of the municipality or city concerned shall in effect be deemed freedo m parks; no prior permit of whatever kind shall be required to hold an assembly therein. The only requirement will be written notices to the police and the mayo rs office to allow proper coordination and orderly activities. which establish an official religion whether those laws operate directly to coerce non-observing i ndividuals or not. The test of compliance with the nonestablishment clause can b e stated as follows: What are the purposes and primary effect of the enactment? If either is the advancement or inhibition of religion, the law violates the non -establishment clause. Thus, in order for a law to comply with the non-establish ment clause, two requisites must be met: A. It has a secular legislative purpose . B. Its primary effect neither advances nor inhibits religion. 2. The free exer cise of religion clause withdraws from legislative power the exertion of any res traint on the free exercise of religion. In order to show a violation of this cl ause, the person affected must show the coercive effect of the legislation as it operates against him in the practice of his religion. While the freedom to beli eve (non-establishment) is absolute, the moment such belief flows over into acti on, it becomes subject to government regulation. Requisites for government aid t o be allowable: a. It must have a secular legislative purpose; b. It must have a primary effect that neither advances nor inhibits religion; c. It must not requ ire excessive entanglement with recipient institutions. Re: Request of Muslim Em ployees in Different Courts in Iligan City (Re: Office Hours)* (477 SCRA 648) (D ecember 14, 2005) Ratio: Sec. 5. No law shall be made respecting an establishmen t of religion, or prohibiting the free exercise thereof. The free exercise and e njoyment of religious profession and worship, without discrimination or preferen ce, shall forever be allowed. No religious test shall be required for the exerci se of civil or political rights. To allow the Muslim employees in the Judiciary to be excused form work from 10:00 a.m. to 2:00 p.m. every Friday (Muslim Prayer Day) during the entire calendar year would mean a diminution of the prescribed government working hours the performance of religious practices, whether by Musl im employees or those belonging to other denominations, should not prejudice the court and the public. The remedy of the Muslim employees, with respect to their request to be excused from work from 10:00 a.m. to 2:00 p.m. every Friday durin g the entire calendar year, is legislative. Clauses under Section 5 QuickTime and a TIFF (Uncompressed) decompressor 1. Non-e stablishmentare needed to see this picture. clause 2. Free exercise of Religion School District v. Schempp, 374 US 203 Distinction between the clauses 1. The no n-establishment clause does not depend upon any showing of direct governmental c ompulsion. It is violated by the enactment of laws Page 14 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Sec. 6. The liberty of abode and of changing the same within the limits prescrib ed by law shall not be impaired except upon lawful order of the court. Neither s hall the right to travel be impaired except in the interest of national security , public safety or public health, as may be provided by law. Recognized restrict ions on the right of the people to information: 1. National security matters 2. Intelligence information 3. Trade secrets 4. Banking transactions 5. Diplomatic correspondence 6. Executive sessions 7. Closed door cabinet meetings 8. Supreme Court deliberations 9. Sec. 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies f or purposes not contrary to law, shall not be abridged. - The right to form asso ciations shall not be impaired without due process of law and is thus an aspect of the right of liberty. It is also an aspect of the freedom of contract. In add ition, 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 spe ech and expression, subject to the same limitation. -The right also covers the r ight not to join an association. -Government employees have the right to form un ions. They also have the right to strike, unless there is a statutory ban on the m (i.e. ban on public school teachers). Rights guaranteed under Section 6: 1. Freedom to choose and change ones place of abode. 2. Freedom to travel within the country and outside. Curtailment of right s: RIGHT 1. Liberty of abode MANNER OF CURTAILMENT Lawful order of the court and within the limits prescribed by law. May be curtailed even by administrative of ficers (ex. passport officers) in the interest of national security, public safe ty, or public health, as may be provided by law. 2. Right to travel NOTE: The right to travel and the liberty of abode are distinct from the right t o return to ones country, as shown by the fact that the Declaration of Human Righ ts and the Covenant on Human Rights have separate guarantees for these. Hence, t he right to return to ones country is not covered by the specific right to travel and liberty of abode. (Marcos v. Manglapus, 177 SCRA 668) Sec. 7. The right of the people to information on matters of public concern shall be recognized. Righ ts guaranteed under Section 7 1. Right to information on matters of public conce rn 2. Right of access to official records and documents Persons entitled to the above rights: citizens. QuickTime and a TIFF (Uncompressed) decompressor Sec. 9. Private property shall not be taken for public use without just compensa tion. Who can exercise the power of eminent domain: a. The national government b . Congress c. Executive, pursuant to legislation enacted by Congress d. Local go vernment units, pursuant to an ordinance enacted by their respective legislative bodies (under LGC) e. Public utilities, as may be delegated by law. When is the exercise of the power of eminent domain necessary? It is only necessary when th e owner does not want or opposes the sale of his property. Thus, if a valid cont ract exists between the government and the owner, the government cannot exercise the power of eminent domain as a substitute to the enforcement of the contract. Page 15 of 125 Only Filipino are needed Discretion of government to see this picture. The government has disc retion with respect to the authority to determine what matters are of public con cern and the authority to determine the manner of access to them.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Elements of the power of eminent domain CODE: TPJ 1. There is a TAKING of privat e property 2. Taking is for PUBLIC USE 3. Payment of JUST COMPENSATION "TAKING" A. Elements: CODE: E P A P O a. The expropriator enters the property b. The entr ance must not be for a momentary period, i.e., it must be permanent c. Entry is made under warrant or color of legal authority d. Property is devoted to Public use e. Utilization of the property must be in such a way as to oust the owner an d deprive him of the beneficial enjoyment of his property. B. Compensable taking does not need to involve all the property interests which form part of the righ t of ownership. When one or more of the property rights are appropriated and app lied to a public purpose, there is already a compensable taking, even if bare ti tle still remains with the owner. "PUBLIC USE" Public use, for purposes of expro priation, is synonymous with public welfare as the latter term is used in the co ncept of police power. Examples of public use include land reform and socialized housing. "JUST COMPENSATION" Compensation is just if the owner receives a sum e quivalent to the market value of his property. Market value is generally defined as the fair value of the property as between one who desires to purchase and on e who desires to sell. The point of reference used in determining fair value is the value at the date of the taking of the property or the filing of the complai nt, whichever came first. Thus, future potential use of the land is not consider ed in computing just compensation. Judicial review of the exercise of the power of eminent domain QuickTime and a TIFF (Uncompressed) decompressor a. To determin eare needed to see this picture. the the adequacy of compensation b. To determin e the necessity of the taking c. To determine the "public use" character of the taking. However, if the expropriation is pursuant to a specific law passed by Co ngress, the courts cannot question the public use character of the taking. When municipal property is taken by the State: Compensation is required if the proper ty is a patrimonial property, that is, property acquired by the municipality wit h its private funds in its corporate or private capacity. However, if it is any other property such as public buildings or legua comunal held by the municipalit y for the State in trust for the inhabitants, the State is free to dispose of it at will, without any compensation. Point of reference for valuating a piece of property: General rule: The value must be that as of the time of the filing of t he complaint for expropriation. Exception: When the filing of the case comes lat er 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 t he time of the earlier taking. BUT if the value increased independently of what the expropriator did, then the value is that of the latter filing of the case. N OTE: Even before compensation is given, entry may be made upon the property cond emned. The deposit of money or an equivalent form of payment such as government bonds is necessary and sufficient to satisfy the requirement. Any law fixing the amount of just compensation is not binding on the courts because it is a questi on of fact which is always subject to review by the courts. REGULATION v. TAKING REGULATION Compensation is not required Title is not transferred Property inter est is restricted or destroyed An exercise of police power, not for public use TAKING Just compensation Title is transferred Property taken for public use Commissioner of Internal Revenue v. Central Luzon Drug Corporation (456 SCRA 414 ) (April 15, 2005) Ratio: The tax benefit granted to the establishments can be d eemed as their just compensation for private property taken by the State for pub lic use. The taxation power can also be used as an implement for the exercise of the power of eminent domain. Page 16 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Jesus is Lord Christian School Foundation Inc. v. Municipality (now City) of Pas ig, Metro Manila* (466 SCRA 235) (August 9, 2005) Ratio: The following requisite s for the valid exercise of the power of eminent domain by a local government un it must be complied with: (1) an ordinance is enacted by the local legislative c ouncil authorizing the local chief executive, in behalf of the local government unit, to exercise the power of eminent domain or pursue expropriation proceeding s over a particular private property; (2) the power of eminent domain is exercis ed for public use, purpose or welfare, or for the benefit of the poor and the la ndless; (3) there is payment of just compensation as required under Section 9, A rticle 3 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 exprop riated, but said offer was not accepted. Rights of person under investigation fo r the commission of an offense (Miranda Rights) CODE: SCISI 1) Right to remain s ilent 2) Right to have competent and independent counsel, preferably of his own choice 3) Right to be provided with the services of counsel if he cannot afford the services of one. 4) Right to be informed of these rights. When rights are available: 1) AFTER a person has been taken into custody or 2) W hen a person is otherwise deprived of his freedom of action in any significant w ay 3) When a person is merely invited for questioning (R.A. No. 7438) 4) When the investigation is being conducted by the government (police, DOJ, NBI) with respe ct to a criminal offense. 5) Signing of arrest reports and booking sheets. When rights are not available: 1) During a police line-up. Exception: Once there is a move among the investigators to elicit admissions or confessions from the suspe ct. 2) During administrative investigations. 3) Confessions made by an accused a t the time he voluntarily surrendered to the police or outside the context of a formal investigation. 4) Statements made to a private person. Exclusionary rule Any confession or admission obtained in violation of this section shall be inadm issible in evidence against him (the accused). Therefore, any evidence obtained by virtue of an illegally obtained confession is also inadmissible, being the fr uit of a poisonous tree. Requisites of valid waiver of these rights: 1) Made vol untarily, knowingly, and intelligently 2) Waiver should be made in WRITING 3) Wa iver should be made in the PRESENCE OF COUNSEL. Requisites for a valid extra-jud icial confession: CODE: WAVES 1) voluntary 2) made with the assistance of compet ent and independent counsel 3) must be express 4) made in writing Sec. 10. No law impairing the obligation of contracts shall be passed. When does a law impair the obligation of contracts: 1. If it changes the terms and condit ions of a legal contract either as to the time or mode of performance 2. If it i mposes new conditions or dispenses with those expressed 3 If it authorizes for i ts satisfaction something different from that provided in its terms. A mere chan ge in PROCEDURAL REMEDIES which does not change the substance of the contract, a nd which still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts. A valid exercise of police power isand a QuickTime super ior to TIFF (Uncompressed) decompressor are obligation of contracts. needed to s ee this picture. Sec. 11. Free access to the courts and quasi-judicial bodies an d adequate legal assistance shall not be denied to any person by reason of pover ty. Sec. 12. Rights of person under investigation for the commission of an offen se. Page 17 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 5) signed, or if the confessant does not know how to read and write, thumbmarked by him (P.v. Olivares, G.R. No. 77865) CUSTODIAL INVESTIGATION commences when a person is taken into custody and singled out as a suspect in the commission of a crime under investigation. Rights during custodial investigation apply only ag ainst testimonial compulsion and not when the body of the accused is proposed to be examined (i.e. urine sample; photographs; measurements; garments; shoes). Se c. 13. Right to bail Who are entitled to bail: All persons ACTUALLY DETAINED sha ll, BEFORE CONVICTION be entitled to bail. Who are not entitled to bail: 1) Pers ons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when eviden ce of guilt is strong 2) Persons CONVICTED by the trial court. Bail is only disc retionary pending appeal. 3) Persons who are members of the AFP facing a court m artial. Other rights in relation to bail. a. The right to bail shall NOT be impa ired even when the privilege of the writ of habeas corpus is suspended. b. Exces sive bail shall not be required. Waiver of the right to bail: 1) if appellant es capes from prison or confinement 2) if appellant jumps bail 3) if appellant flee s to another country during the pendency of the appeal NOTE: Persons charged wit h offenses punishable by LIFE IMPRISONMENT, when evidence of guilt is strong, ar e likewise not entitled to bail. Right to bail is not available in the military. 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 c ontract between the surety and the state. Sec. 14. Rights of an accused 1) Rights of a person charged with a criminal offe nse 2) Right to due process of law 3) Right to be presumed innocent 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 a speedy, impartial and public tr ial 7) Right to meet the witnesses face to face 8) Right to have compulsory proc ess to secure the attendance of witnesses and the production of evidence in his behalf DUE PROCESS This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of cri minal procedure. PRESUMPTION OF INNOCENCE The Constitution does not prohibit the l egislature from providing that proof of certain facts leads to a prima facie pre sumption of guilt, provided that the facts proved have a reasonable connection t o the ultimate fact presumed. Presumption of guilt should not be conclusive. Factors considered in setting the amount of bail: 1) Ability to post bail 2) Nat ure of the offense 3) Penalty imposed by law 4) Character and reputation of the accused 5) Health of the accused 6) Strength of the evidence 7) Probability of a ppearing at the trial 8) Forfeiture of previous bail bonds 9) Whether accused wa sQuickTime and afrom justice a fugitive TIFF (Uncompressed) decompressor when arr ested are needed to see this picture. 10) If accused is under bond in other case s Implicit limitations on the right to bail: a. The person claiming the right mu st be in actual detention or custody of the law. b. The constitutional right is available only in criminal cases, not, e.g. in deportation proceedings. Page 18 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RIGHT TO BE HEARD BY HIMSELF AND COUNSEL The right to be heard includes the follow ing rights: 1) Right to be present at the trial 2) The right to be present cover s the period from ARRAIGNMENT to PROMULGATION of sentence. After arraignment, tr ial may proceed notwithstanding absence of accused. Note: Trial in absentia is a llowed only if the accused has been validly arraigned and the following 2 requis ites are met: i. Accused has been duly notified; ii. His failure to appear is un justifiable. The accused may waive the right to be present at the trial by not s howing up. However, the court can still compel the attendance of the accused if necessary for identification purposes. EXCEPTION: If the accused, after arraignm ent, has stipulated that he is indeed the person charged with the offense and na med 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. While the accuse d is entitled to be present during promulgation of judgment, the absence of his counsel during such promulgation does not affect its validity. 3. Right to couns el Right to counsel means the right to EFFECTIVE REPRESENTATION. If the accused appears at arraignment without counsel, the judge must: a. Inform the accused th at he has a right to a counsel before arraignment b. Ask the accused if he desir es the aid of counsel c. If the accused desires counsel, but cannot afford one, a counsel de oficio must be appointed QuickTime and a TIFF (Uncompressed) decompr essor d. If the accused desires to obtain his own are needed to see this picture . counsel, the court must give him reasonable time to get one. 4. Right to an im partial judge 5. Right of confrontation and cross-examination 6. Right to compul sory process to secure the attendance of witnesses RIGHT TO BE INFORMED OF THE NA TURE AND CAUSE OF ACCUSATION AGAINST HIM Purposes of the right: a. To furnish the accused with a description of the charge against him as will enable him to make his defenses b. To avail himself of his conviction or acquittal against a furth er prosecution for the same cause c. To inform the court of the facts alleged. I f the information fails to allege the material elements of the offense, the accu sed cannot be convicted thereof even if the prosecution is able to present evide nce 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 d etermined based on the caption or preamble thereof nor from the specification of the provision of law allegedly violated. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC T RIAL Factors used in determining whether the right to a speedy trial has been vio lated: a. Time expired from the filing of the information b. Length of delay inv olved c. Reasons for the delay d. Assertion or non-assertion of the right by the accused e. Prejudice caused to the defendant. Effect of dismissal based on the ground of violation of the accuseds right to speedy trial If the dismissal is val id, 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 th e accused. Remedy of the accused if his right to speedy trial has been violated a. He can move for the dismissal of the case. b. If he is detained, he can file a petition for the issuance of writ of habeas corpus. Definition of impartial tr ial The accused is entitled to the cold neutrality of an impartial judge. It is an element of due process. Definition of public trial Page 19 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 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 p ublic morals, the public may be excluded. The right of the accused to a public tr ial is not violated if the hearings are conducted on Saturdays, either with the consent of the accused or if failed to object thereto. RIGHT TO MEET WITNESS FACE TO FACE Purposes of the right: a. To afford the accused an opportunity to crossexamine the witness b. To allow the judge the opportunity to observe the deportm ent of the witness Failure of the accused to cross-examine a witness: If the fai lure of the accused to cross-examine a witness is due to his own fault or was no t due to the fault of the prosecution, the testimony of the witness should be ex cluded. When the right to cross-examine is demandable? It is demandable only dur ing trials. Thus, it cannot be availed of during preliminary investigations. Pri ncipal EXCEPTIONS to the right of confrontation 1. The admissibility of dying dec larations 2. Trial in absentia under Section 14(2) 3. With respect to child testi mony Estrada v. People* (468 SCRA 233) (August 25, 2005) Ratio: Promulgation of judgment in absentia is valid provided that the essential elements are present: (a) that the judgment be recorded in the criminal docket, and, (b) that a copy b e served upon the accused or counsel. Recording the decision in the criminal doc ket of the court satisfies the requirement of QuickTime and a notifying the accus ed ofdecompressor the decision TIFF (Uncompressed) are needed to wherever he may be. see this picture. When is a question incriminating: A question tends to inc riminate when the answer of the accused or the witness would establish a fact wh ich would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the witness. Distinction between an accused and an ord inary witness An accused can refuse to take the witness stand altogether by invo king the right against selfincrimination. An ordinary witness cannot refuse to t ake the stand. He can only refuse to answer specific questions which would incri minate him in the commission of an offense. Scope of right What is PROHIBITED is the use of physical or moral compulsion to extort communication from the witnes s or to otherwise elicit evidence which would not exist were it not for the acti ons compelled from the witness. The right does NOT PROHIBIT the examination of t he body of the accused or the use of findings with respect to his body as physic al evidence. Hence, the fingerprinting of an accused would not violate the right against self-incrimination. However, obtaining a sample of the handwriting of t he accused would violate this right if he is charged for falsification. The accu sed cannot be compelled to produce a private document in his possession which mi ght tend to incriminate him. However, a third person in custody of the document may be compelled to produce it. When the right can be invoked: 1. In criminal ca ses 2. In all other government proceedings, including civil actions and administ rative or legislative investigations. Distinction between Section 14 and Section 16. While the rights of an accused only apply to the trial phase of criminal ca ses, the right to a speedy disposition of cases covers ALL phases of JUDICIAL, Q UASI-JUDICIAL or ADMINISTRATIVE proceedings. Sec. 17. No person shall be compelled to be a witness against himself. Sec. 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasijudicial, or administrative bodies. Page 20 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Who can invoke the right: a. Only natural persons. Judicial persons are subject to the visitorial powers of the state in order to determine compliance with the conditions of the charter granted to them. Crisostomo v. Sandiganbayan (456 SCRA 45) (April 14, 2005) Ratio: The deafening silence of all the accused does not n ecessarily point to conspiracy. An accused has the right to remain silent and to be exempt from being compelled to be a witness against himself. NOTE: Fr. Berna s says that the accused cannot be convicted of the crime to which the punishment is attached if the court finds that the punishment is cruel, degrading or inhum an. The reason for this is without a valid penalty, the law is not a penal law. 3. It must not be unacceptable to contemporary society 4. It must not be excessi ve, i.e. it must serve a penal purpose more effectively than a less severe punis hment would. 5. Excessive fine 6. A fine is excessive, when under any circumstan ce, it is disproportionate to the offense. Sec. 18. Right against involuntary servitude INVOLUNTARY SERVITUDE It is every con dition of enforced or compulsory service of one to another no matter under what form such servitude may be disguised. Exceptions: 1. Punishment for a crime for which the party has been duly convicted 2. Personal military or civil service in the interest of national defense 3. In naval enlistment: a person who enlists i n a merchant ship may be compelled to remain in service until the end of the voy age 4. Posse comitatus for the apprehension of criminals 5. Return to work order issued by the DOLE Secretary or the President 6. Minors under patria potestas a re obliged to obey their parents. Sec. 19. Prohibition against cruel, degrading and inhuman punishment Sec. 20. No person shall be imprisoned for debt or non-payment of a poll tax. De finition of DEBT under Section 20. Debt refers to a CONTRACTUAL obligation, whethe r express or implied, resulting in any liability to pay money. Thus, all other t ypes of obligations are not within the scope of this prohibition. Thus, if an ac cused 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. A FRAUDUL ENT debt may result in the imprisonment of the debtor if: 1. The fraudulent debt constitutes a crime such as estafa; and 2. The accused has been duly convicted. Sec. 21. No person shall be twice put in jeopardy of punishment for the same off ense. If an act is punished by a law and an ordinance, conviction or acquittal u nder either shall constitute a bar to another prosecution for the same act. When is a penalty cruel, degrading and inhuman? A penalty is cruel and inhuman if it involves torture or QuickTime and a TIFF (Uncompressed) decompressor are Being drawn and quartered.) lingering suffering. (Ex.needed to see this picture. A pe nalty is degrading if it exposes a person to public humiliation. (Ex. Being tarr ed and feathered, then paraded throughout town.) Standards used: 1. The punishme nt must not be so severe as to be degrading to the dignity of human beings. 2. I t must not be applied arbitrarily. What are the TWO KINDS OF JEOPARDY? a. First Sentence of Sec. 21: No person shal l be twice put in jeopardy of punishment for the same offense. b. Second Sentenc e: When an act is punished by a law and an ordinance, conviction or acquittal un der either shall constitute a bar to another prosecution for the same act. Under the first kind of jeopardy, conviction, acquittal, or dismissal of the case wit hout the express consent Page 21 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 of the accused will bar a subsequent prosecution. Under the second kind of jeopa rdy, only conviction or acquittal not dismissal without the express consent of t he accused will bar a subsequent prosecution. Requisites for a valid defense of double jeopardy: CODE: ATS 1. First jeopardy must have attached prior to the sec ond. 2. The first jeopardy must have terminated. 3. The second jeopardy must be for the same offense, one that includes or is necessarily included in the first offense, or is an attempt or frustration of the first, or is an element thereof. When does jeopardy ATTACH: (1 requisite) CODE: CICAV 1. A person is charged 2. Under a complaint or information sufficient in form and substance to sustain a c onviction 3. Before a court of competent jurisdiction 4. After the person is arr aigned 5. Such person enters a valid plea. When does jeopardy NOT attach: 1. If information does not charge any offense 2. If, upon pleading guilty, the accused presents evidence of complete self-defense, and the court thereafter acquits hi m without entering a new plea of not guilty for accused. There is no valid plea here. 3. If the information for an offense cognizable by the RTC is filed with t he MTC. 4. If a complaint filed for preliminary investigation is dismissed. ND st When can the PROSECUTION appeal from an order of dismissal: 1. If dismissal is o n motion of the accused. Exception: If motion is based on violation of the right to a speedy trial or on a demurrer to evidence. 2. If dismissal does NOT amount to an acquittal or dismissal on the merits. 3. If the question to be passed upo n is purely legal. 4. If the dismissal violates the right of due process of the prosecution. 5. If the dismissal was made with grave abuse of discretion. What a re considered to be the SAME OFFENSE: st (under the 1 sentence of Sec. 21) 1. Exac t identity between the offenses charged in the first and second cases. 2. One of fense is an attempt to commit or a frustration of the other offense. 3. One offe nse is necessarily included or necessary includes the other. NOTE: Where a singl e act results in the violation of different laws or different provisions of the same law, the prosecution for one will not bar the other so long as none of the exceptions apply. Definition of double jeopardy (2 sentence of Sec. 21) Double j eopardy will result if the act punishable under the law and the ordinance are th e same. For there to be double jeopardy, it is not necessary that the offense be the same. SUPERVENING FACTS Under the Rules of Court, a conviction for an offen se will not bar a prosecution for an offense which necessarily includes the offe nse charged in the former information where: a. The graver offense developed due to a supervening fact arising from the same act or omission constituting the fo rmer charge. b. The facts constituting the graver offense became known or were d iscovered only after the filing of the former information. c. The plea of guilty to the lesser offense was made without the consent of the prosecutor and the of fended party. d. Under (1)(b), if the facts could have been discovered by the pr osecution but were not discovered because of the prosecutions incompetence, it wo uld not be considered a supervening event. Page 22 of 125 nd When does first jeopardy TERMINATE: (2 REQUISITE) 1. Acquittal 2. Conviction 3. Dismissal W/O the EXPRESS consent of the accused 4. Dismissal on the merits. Exa mples of termination of jeopardy: QuickTime and a TIFF (Uncompressed) decompresso r 1. Dismissal based on to see this picture. the right to a are needed violation of speedy trial. This amounts to an acquittal. 2. Dismissal based on a demurrer to evidence. This is a dismissal on the merits. 3. Dismissal on motion of the p rosecution, subsequent to a motion for reinvestigation filed by the accused. 4. Discharge of an accused to be a state witness. This amounts to an acquittal.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Effect of appeal by the accused: If the accused appeals his conviction, he WAIVE S his right to plead double jeopardy. The whole case will be open to review by t he appellate court. Such court may even increase the penalties imposed on the ac cused by the trial court. Sec. 22. No ex post facto law or bill of attainder sha ll be enacted. 4. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL t rial. ARTICLE IV CITIZENSHIP Who are citizens of the Philippines? 1. Those who a re citizens of the Philippines at the time of the adoption of the 1987 Constitut ion 2. Those whose fathers or mothers are citizens of the Philippines. 3. Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizensh ip upon reaching the age of majority. 4. Those who are naturalized in accordance with law. Modes of acquiring citizenship: 1. Jus Soli acquisition of citizenshi p on the basis of place of birth 2. Jus Sanguinis acquisition of citizenship on the basis of blood relationship 3. Naturalization the legal act of adopting an a lien and clothing him with the privilege of a native-born citizen. NOTE: The Phi lippines follows (2) and (3) EX-POST FACTO LAW One which makes an action done before the passing of the law, an d which was innocent when done, criminal, and punishes such action. One which ag gravates the crime or makes it greater than when it was committed. One which cha nges the punishment and inflicts a greater punishment than that which the law an nexed to the crime when it was committed. One which alters the legal rules of ev idence and receives less testimony than the law required at the time of the comm ission of the offense in order to convict the accused. One which assumes to regu late civil rights and remedies only BUT, in effect, imposes a penalty or depriva tion of a right, which, when done, was lawful. One which deprives a person accus ed 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 . NOTE: The prohibition on ex post facto laws only applies to retrospective PENA L laws. Characteristics of an Ex Post Facto Law 1. Refers to criminal matters 2. Retrospective 3. Causes prejudice to the accused BILL OF ATTAINDER A bill of atta inder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial. The bil l of attainder does not need to be directed at a QuickTime and a TIFF (Uncompress ed) decompressor specifically named person. It see this picture. refer to easily are needed to may also ascertainable members of a group in such a way as to inf lict punishment on them without judicial trial. Elements of the bill of attainde r: 1. There must be a LAW. 2. The law imposes a PENAL burden, on; 3. a NAMED IND IVIDUAL or EASILY ASCERTAINABLE MEMBERS of a GROUP. Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitut ion, if a Filipina married an alien, she lost her Filipino citizenship. Hence, h er child would have to elect Filipino citizenship upon reaching the age of major ity. Under the 1973 Constitution, however, children born of Filipino mothers wer e already considered Filipinos. Therefore, the provision on election of citizens hip under the 1987 Constitution only applies to those persons who were born unde r the 1935 Constitution. In order for the children to elect Filipino citizenship , the mothers must have been Filipinos at the time of their marriage. So, if you r mother was a Filipina who married an alien under the 1935 constitution and you were born before January 17, 1973, you can elect Filipino citizenship upon reac hing the age of majority. When must election be made: The election must be made within a reasonable period after reaching the age of majority. Effects of natura lization: 1. The legitimate minor children of the naturalized father become Fili pinos as well. 2. The wife also becomes a Filipino citizen, provided that she do es not have any Page 23 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 disqualification which would bar her from being naturalized. Natural-born citize ns: 1. Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their Philippine citizenship. 2. Those who elect Philippi ne citizenship under Art. IV, Sec. 1(3) of 1987 Constitution. Marriage of Filipi no with an alien: General Rule: The Filipino RETAINS Philippine citizenship Exce ption: If, by their act or omission they are deemed, under the law, to have reno unced it. How may one lose citizenship (C.A. No. 63): 1. By naturalization in a foreign country 2. By express renunciation of citizenship 3. By subscribing to a n oath of allegiance to the laws or constitution of a foreign country 4. By serv ing in the armed forces of an enemy country 5. By cancellation of certificates o f naturalization 6. By being a deserter of the armed forces of ones country How m ay one reacquire citizenship: 1. By direct act of Congress 2. By naturalization 3. By repatriation Re-acquisition of citizenship Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via repatriation p roceedings. This involves taking an oath of allegiance and filing the same with the civil registry. RA 9225- Citizen Retention and Reacquisition Act Natural bor n citizens, who lost their citizenship by reason of their naturalization as citi zens of a foreign country, are deemed to have reacquired their Philippine citize nship upon taking the oath of allegiance to the Republic. QuickTime and a TIFF (U ncompressed) decompressor Derivative citizenship- the picture. are needed to see this unmarried child below 18 yrs. Old of those who re-acquired the citizenship shall likewise be deemed as citizens of the Philippines. Distinguish dual citiz enship from dual allegiance Mercado v. Manzano Dual citizenship arises when, as a result of the concurrent application of the laws of two or more states, a pers on is simultaneously considered a citizen of those states. Dual allegiance refer s to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. Dual nationality is involuntary and legal, while dual allegiance is voluntary and illegal. ARTICLE V SUFFRAGE Qualifications: CODE: CD18RR 1. Citizen of the Philippines 2. Not Disqualified by law 3. At least 18 years old 4. Resident of the Philippines for at least 1 year 5. Resident of the place wherein he/she proposes to vote fo r at least 6 months immediately preceding the election. NOTE: NO literacy, prope rty or other substantive requirement can be imposed on the exercise of suffrage. Residency requirement Residency, under Article V has 2 senses: 1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines. The pri ncipal elements of domicile physical presence in the country and intention to ad opt it as ones domicile must concur. 2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in the place where one wants to vote. In th is case, residence can either mean domicile or temporary residence. Disqualifica tions: 1. Any person sentenced by final judgment to imprisonment of not less tha n 1 year, which disability has not been removed by plenary pardon, provided, how ever, That such a person shall automatically reacquire the right 2. to vote upon expiration of 5 years after service of sentence. 3. Any person adjudged by fina l judgment of having violated his allegiance to the Republic of the Philippines. 4. Insane or incompetent persons as declared by competent authority. Page 24 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 To whom does Absentee Voting apply: 1. Persons who have the qualifications of a voter but who happen to be temporarily abroad 2. Qualified voters who are in the Philippines but are temporarily absent from their voting places ARTICLE VI THE LEGISLATIVE DEPARTMENT Sec. 1. The legislative power shall be vested in the Cong ress of the Philippines, which shall consist of a Senate and a House of Represen tatives, except to the extent reserved to the people by the provision on initiat ive and referendum. Classification of legislative power: (O De CO) 1. Original P ossessed by the people in their sovereign capacity which is exercised via initia tive and referendum. 2. Delegated Possessed by Congress and other legislative bo dies by virtue of the Constitution 3. Constituent The power to amend or revise t he Constitution 4. Ordinary The power to pass ordinary laws Limits on the legisl ative power of Congress: 1. Substantive limitations on the content of laws. e.g. no law shall be passed establishing a state religion. 2. Procedural limitations on the manner of passing laws. e.g. generally a bill must go through three read ings on three separate days. 3. Congress cannot pass irrepealable laws. 4. Congr ess, as a general rule, cannot delegate its legislative power, under the maxim d elegata potestas non potest delegari (delegated power may not be delegated). Exc eptions to non-delegability of legislative power: (PETAL) 1. Delegation to the p eople through initiative and referendum 2. Emergency powers delegated by Congres s to the President QuickTime and a TIFF (Uncompressed) decompressor 3. Congress m ayaredelegate this picture. powers to the needed to see tariff President 4. Dele gation to administrative bodies 5. Delegation to local governments What may Cong ress delegate: Congress can only delegate, usually to administrative agencies, R ULE-MAKING POWER or LAW EXECUTION. This involves either of two tasks for the adm inistrative agencies: 1. Filling up the details on an otherwise complete statute; or 2. Ascertaining the facts necessary to bring a contingent law or provision into actual operation. Sections 2-4. SENATE Sections 5-7. HOUSE OF REPRESENTATIVES Representative Not more than 250 members 35 yrs. old 25 yrs. old Natural- born c itizen of the Philippines Able to read and write Registered voter Registered vot er in the district in which he shall be elected n/a to party-list Resident of th e Resident of the said Philippines for at least district for at least 1 2 years immediately year immediately preceding the election preceding election n/a to pa rty-list Term of 6 yrs. Term of 3 yrs. Unless otherwise provided by law, term of office commence at noon of June 30 next following the lection Term limit of not more Term limit of not more than 2 consecutive than 3 consecutive years years N OTE: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or subtract fr om these qualifications. Voluntary renunciation For any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Senator 24 senators District Representatives: 1. Elected from legislative districts which are apport ioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio. 2. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory; Page 25 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 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. Leg islative districts shall be re-apportioned by Congress within 3 years after the return of each census. 5. The standards used to determine the apportionment of l egislative districts is meant to prevent gerrymandering, which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party. Distinctions between Term and Tenure Term The period during which the elected officer is legally authorized to assume his office and exercis e the powers thereof CANNOT be reduced Tenure The period during which such offic er actually holds his position 4. Must be a bona fide member of the party he see ks to represent at least ninety days before election day. Guidelines for the ele ction of party-list representatives: The parties or organizations must represent the marginalized and underrepresented in section 5 of R.A. 7941 (Party-List Law ); Political parties who wish to participate must comply with this requirement; 1. The religious sector may not be represented; 2. The party or organization mus t not be disqualified under Section 6 of R.A. 7941 i.e. religious sector/ organi zation, advocates of violence or unlawful means to seek its goal, foreign party or organization; 3. The party or organization must not be an adjunct of or a pro ject organized or a entity funded or assisted by the government; 4. Its nominees must likewise comply with the requirement of the law; 5. Its nominees must like wise be able to contribute to the formation and enactment of legislation that wi ll benefit the nation. (Ang Bagong Bayani-OFW Labor Party v. COMELEC, GR No. 147 589) Sec. 9. In case of vacancy in the Senate or in the House of Representatives , a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. MAY, by limited law, be Party-List Representatives Constitute 20% of the total number of representatives or a maximum of 50 party-list members. However, for 3 consecutive terms from Fe bruary 2, 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be all otted to sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral repres entatives are to be appointed by the President until legislation otherwise provi des. Mechanics of the party-list system 1. Registered organizations submit a lis t of candidates in order of priority. 2. During the elections, these organizatio ns are voted for at large. 3. Those parties getting at least 2% of the total vot es cast for the party-list system shall be entitled to one seat each. Those obta ining more than 2% shall be given additional seats in proportion to their total number of votes, but none of them shallQuickTime and a than 3 seats have more TIF F (Uncompressed) decompressor are needed to see this picture. each. Qualificatio ns of Party-List Representative 1. Natural born citizen of the Philippines 2. 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) 3. Able to read and write Special Election (R.A. 6645) 1. No special election will be called if vacancy oc curs: a. at least eighteen (18) months before the next regular election for the members of the Senate; b. at least one (1) year before the next regular election members of Congress 2. The particular House of Congress where vacancy occurs mu st pass either a resolution if Congress is in session or the Senate President or the Speaker must sign a certification, if Congress is not in session, a. declar ing the existence of vacancy; b. calling for a special election to be held withi n 45 to 90 days from the date of the resolution or certification.

Page 26 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. The Senator or representative elected shall serve only for the unexpired term . Sec. 10. Salaries of Senators and Members of the House Determination of Salari es: Their salaries shall be determined by law. Rule on increase in salaries: No increase in their salaries shall take effect until AFTER the EXPIRATION OF THE F ULL TERM (NOT TENURE) of all the members of the Senate and the House of Represen tatives approving such increase. NOTE: Since the Constitution provides for rules on salaries and not on emoluments, they can appropriate for themselves other sums of money such as travel allowances, as well as other side benefits. Sec. 11: CONGRES SIONAL IMMUNITIES A. Immunity from arrest: Legislators are privileged from arres t, and not to prosecution for criminal offenses, while Congress is in session only (whether regular or special) with respect to offenses punishable by up to 6 yea rs of imprisonment. B. Legislative privilege: No member shall be questioned or h eld liable in any forum other than his/her respective Congressional body for any debate or speech in the Congress or in any Committee thereof. Limitation on the privilege: 1. Protection is only against prosecution in any forum other than Co ngress itself. Hence, the Senate or the House, as the case may be, may disciplin e their members. 2. The speech or debate must be made in performance of their duti es as members of Congress. 3. Congress need NOT be in session when the utterance is made, QuickTime and a it forms part of as long as TIFF (Uncompressed) decompr essor legislative action needed to part picture. are i.e. see this of the delibe rative and communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with C ongress jurisdiction. Sec. 12. All Members of the Senate and the House of Represe ntatives shall, upon assumption of office, make a full disclosure of their finan cial and business interests. They shall notify the House concerned of a potentia l conflict of interest that may arise from the filing of a proposed legislation of which they are authors. Sections 13-14: DISQUALIFICATIONS: Disqualifications: DISQUALIFICATION 1) Cannot hold any other office or employment in the Government or any subdivision, agenc y or instrumentality thereof, including GOCCS or their subsidiaries. 2) Legislat ors cannot be appointed to any office. CONGRESSIONAL WHEN APPLICABLE During his term. If he does so, he forfeits his seat. 3) Legislators cannot personally appear as counsel before any court of justice, electoral tribunal, quasi-judicial and administrative bodies. 4) Legislators can not be financially interested directly or indirectly in any contract with or in any franchise, or special privilege granted by the Government, or any subdivisio n, agency or instrumentality thereof, including any GOCC or its subsidiary. 5) L egislators cannot intervene in any matter before any office of the government. IF the office was created or the emoluments thereof increased during the term fo r which he was elected. During his term of office. During his term of office. When it is for his pecuniary benefit or where he may be called upon to act on ac count of his office. Page 27 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Sec. 15: REGULAR AND SPECIAL SESSIONS An enrolled bill is the official copy of a pproved legislation and bears the certifications of the presiding officers of ea ch House. Thus where the certifications are valid and are not withdrawn, the con tents of the enrolled bill are conclusive upon the courts as regards the provisi on of that particular bill. Adjournments: 1. Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the ot her House. 2. Neither can they adjourn to any other place than that where the tw o houses are sitting, without the consent of the other. Sec. 17: THE ELECTORAL T RIBUNAL Sec. 16. Officers: 1) Senate President; 2) Speaker of the House; and 3) Such other officers as necessary. The Senate and the House shall each have an El ectoral Tribunal which shall be composed of: 1. 3 Supreme Court Justices to be d esignated by the Chief Justice; & 2. 6 Members of the Senate or House, as the ca se may be. The senior Justice in the Electoral Tribunal shall be its Chairman. N OTE: The congressional members of the ETs shall be chosen on the basis of proport ional representation from the political parties and party-list organizations. Ju risdiction: Each Electoral tribunal shall be the sole judge of all CONTESTS rela ting to the election, returns, and qualifications of their respective members. T his includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner. An election contest is one where a defeated candidate challenges the qualification and claims for himself the seat of a proc laimed winner. In the absence of an election contest, the Electoral Tribunal is without jurisdiction. However, the power of each House to expel its own members or even to defer their oath-taking until their qualifications are determined may still be exercised even without an election contest. Issues regarding the Elect oral Tribunals: Since the Electoral Tribunals are independent constitutional bod ies, 1. Neither Congress nor the Courts may interfere with procedural matters re lating to the functions of the Electoral Tribunals. Page 28 of 125 Regular Sessions: Congress convenes once every year on the 4th Monday of July (u nless otherwise provided for by law). Continues in session for as long as it see s fit, until 30 days before the opening of the next regular session, excluding S aturdays, Sundays, and legal holidays. Special Sessions: Called by the President at any time when Congress is not in session. it may deem Election of Officers By a majority vote of all respective members. Quorum to do business: 1. Majority of each House shall constitute a quorum. 2. A smaller numb er may adjourn from day to day and may compel the attendance of absent members. 3. In computing a quorum, members who are outside the country and thus outside o f each Houses coercive jurisdiction are not included. Internal Rules: As part of their inherent power, they can determine their own rules. Hence, the courts cann ot intervene in the implementation of these rules insofar as they affect the mem bers of Congress. Discipline: 1. Suspension needs concurrence of 2/3 of ALL its members and shall not exceed 60 days. Or, QuickTime and a TIFF (Uncompressed) dec ompressor 2. Expulsion - Concurrencepicture. 2/3 of ALL its are needed to see th is of members. Congressional Journals and Records: General rule, the Journal is conclusive upon the courts but an enrolled bill prevails over the contents of th e Journal.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. The Electoral Tribunals being independent bodies, its members may not be arbi trarily removed from their positions in the tribunal by the parties which they r epresent. Neither may they be removed for not voting according to party lines, s ince they are acting independently of Congress. 3. The mere fact that the member s of either the Senate or the House sitting on the Electoral Tribunal are those which are sought to be disqualified due to the filing of an election contest aga inst them does not warrant all of them from being disqualified from sitting in t he Electoral Tribunal. 4. Judicial review of decisions of the Electoral Tribunal s may be had with the SC only insofar as the decision or resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion constitu ting denial of due process. Limitations 1. Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be subject t o confirmation by the CA. 2. Appointments extended by the President to the above -mentioned positions while Congress is not in session shall only be effective un til disapproval by the CA or until the next adjournment of Congress. Meetings of the CA Commission on Appointments meets only while Congress is in session. Meet ings are held either at the call of the Chairman or a majority of all its member s. Since the Commission on Appointments is also an independent constitutional bo dy, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary. NOTE: The Electoral Tribunal and the Commission on Appointments shall be constituted within 30 days after the Senate and the Hou se of Representative shall have been organized with the election of the Presiden t and the Speaker. Sections 21-22: LEGISLATIVE INQUIRIES NOTE: The 12 Senators a nd 12 Representatives are elected on the basis of proportional representation fr om the political parties and party-list organizations. Voting/Action 1. The Comm ission shall rule by a majority vote of all the Members. 2. The chairman shall o nly vote in case of a tie. 3. The Commission on Appointments shall act on all ap pointments within 30 session days from their submission to Congress. Jurisdictio n Commission on Appointments shall confirm the appointments by the President wit h respect to the following positions: (CODE: HAPCOO) 1. Heads of the Executive D epartments (except if it is the Vice-President and a is appointed to QuickTime wh o TIFF (Uncompressed) decompressor the post). are needed to see this picture. 2. Ambassadors, other public ministers or consuls. 3. Officers of the AFP from the rank of Colonel or Naval Captain: and 4. Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members). Scope of Legislative I nquiries: Such must be conducted in aid of legislation which does not mean that th ere is pending legislation regarding the subject of the inquiry. Hence, the mate riality of a question is determined not by its connection to any actually pendin g legislation, but by its connection to the general scope of the inquiry. But, i f the investigation is no longer in aid of legislation but in aid of prosecution whi ch the stated purpose of the investigation is to determine the existence of viol ations of the law, then it is beyond the scope of congressional powers. Enforcem ent: Congress or local government units if they are expressly authorized to do s o, has the inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated until such time that they agree to testify. The continua nce of such incarceration only subsists for the lifetime, or term, of such body. Thus, each Congress of the House lasts for only 3 years. But if one is incarcerat ed by the Senate, it is indefinite because the Senate, with its staggered terms, is a continuing body. Sec. 18: THE COMMISSION ON APPOINTMENTS Composition: 1. Senate President as ex-o fficio chairman; 2. 12 Senators; and 3. 12 Members of the House. Page 29 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Limitations: 1. The inquiry must in aid of legislation. 2. The inquiry must be c onducted in accordance with the duly published rules of procedure of the House con ducting the inquiry; and 3. The rights of persons appearing in or affected by su ch inquiries shall be respected. Ex. The right against self-incrimination. Senat e of the Philippines vs. Eduardo Ermita* (G.R. No. 169777) (20 April 2006) EO 46 4: ENSURING OBSERVANCE OF THE PRINCIPLE OF SEPARATION OF POWERS, ADHERENCE TO TH E RULE ON EXECUTIVE PRIVILEGE AND RESPECT FOR THE RIGHTS OF PUBLIC OFFICIALS APP EARING IN LEGISLATIVE INQUIRIES IN AID OF LEGISLATION UNDER THE CONSTITUTION AND FOR OTHER PURPOSES. Facts: Several invitations were issued by the Senate to var ious officials of the Executive Department including officials of the AFP for th em to appear as resource speakers in a public hearing on the alleged overpricing and unlawful provisions of the contract covering the North Rail Project. Howeve r, they received a letter requesting a postponement of the hearing in order to b e given opportunity to prepare for the various issues involved. However, Senator Drilon said that the request was belatedly sent and all preparation were alread y made, thus, postponement is impossible. On that same day, the President issued EO 464 which, pursuant to Section 6 thereof, took effect immediately. Such law provides that all heads of departments of the Executive Branch of the government shall secure the consent of the President prior to appearing before either House of Congress. And, this does not only cover department heads but several official s which, in the discretion of the president, are covered by the executive privil ege. This need for prior consent is based on the executive privilege, defined as the power of the Government to withhold information from the public, the courts and the Congress. Question Hour -- Appearance of department heads before Congress: Under the princ iple of separation of powers, department heads cannot be compelled to appear bef ore Congress. Neither may the department heads impose their appearance upon Cong ress. Department heads may appear before Congress in the following instances: 1. Upon their own initiative, with the consent of the President (and that of the H ouse concerned); or 2. Upon the request of either House (which cannot compel the m to attend) And, their appearance will be conducted in EXECUTIVE SESSION when: 1. Required by the security of state or required by public interest; and 2. When the President so states in writing Question Hour (Sec. 22, Article VI) Only a d epartment head Entire body Legislative Investigation (Sec. 21, Article VI) Any p erson As to persons who may appear As to who conducts the investigation As to the subj ect matter Committees Matters related to the department only Any matter for the purpose of legislation QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Page 30 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Because of this law, the Senate was informed that no officer of the Executive Br anch can attend the hearing without seeking approval from the President while th ose military officials who testified without the approval from the President wer e relieved. Thus, several petitions were filed questioning the said EO. Issue: W /N the petitioners have standing to file the suit. W/N EO 464 is unconstitutiona l for violating the certain provisions of the constitutions Held: The petitions were partly granted. Section 2b and 3 of EO 464 are void while section 1 and 2A are valid. Ratio: A. Standing: The Senate of the Philippines - EO 464 stifles it s fundamental right in making sound legislation. Party list representatives - al lowed to sue absent any claim that an investigation called by the House of Repre sentative was aborted due to the implementation of EO 464. Individuals (e.g. Fra ncisco Chavez) - well settled rule that when suing as a citizen the interest of the petitioner assailing the constitutionality of the laws, PD, EO orders and ot her regulations must be direct and personal. In Francisco v House of Representat ives, the court held when the proceeding involves the assertion of a public righ t, the mere fact that he is a citizen satisfies the requirement of personal inte rest. QuickTime and a As for PDP-Laban - the court held that the said TIFF (Uncom pressed) decompressor are needed to see this picture. group is bereft of standin g to file the present petition. For one to be accorded standing on the ground of transcendental importance, it must be established that (1) the character of the funds (public) or other assets are involved in this case, (2) the presence of c lear case of disregards of a constitutionality or statutory provision, (3) lack of any party with a more direct and specific interest in raising the questions b eing raised. The first and last are lacking since no public funds or assets are involve in the present petition. Constitutionality of EO 464 The Congress has th e power of inquiry as provided in Section 21 of Article VI. Such power with the process to enforce it is an essential and appropriate auxiliary to the legislati ve function. A legislative body cannot legislate wisely or effectively in the ab sence of information respecting the conditions which the legislation is intended to affect or change [Arnault vs. Nazareno, 87 Phil 29 (1950)]. This power is br oad enough to cover officials of the executive branch. Therefore, when congress exercises its power of inquiry, the only way for department heads to exempt them selves therefrom is by a valid claim of privilege. They are not exempt by the me re fact that they are department heads. Only one executive official may be exemp ted from this power the president. Section 1 therefore, in view of its specific reference to Section 22 of Article VI of the constitution and the absence of any reference to inquiries in aid of legislation, must be construed to be limited i n its application to appearances of department heads in the question hour. The r equirement then to secure presidential assent is limited as it is only to appear ances in the question hour, is valid on its face. However, the provision which r equires all the public officials, enumerated in the law, to secure the consent o f the President prior to appearing before either house of Congress is too broad. Under the rule of ejusdem generis, the determination by the president under thi s provision is intended to be based on a similar finding of coverage under execu tive privilege. Executive privileges are properly involved to specific categorie s of information and to categories of persons. Assuming that the order refers to officials in possession of information, Page 31 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 whenever an official involves EO 464 to justify his failure to be present, such invocation must be construed as a declaration to Congress that the President has determined that the requested information is privileged. Such declaration howev er, even without mentioning the term executive privilege amounts to an implied cla im that the information is privileged. However, in the letter of Sec. Ermita, th ere is no explicit invocation of executive privilege. Section 3 cannot be dismis sed outright as invalid by the mere fact that it sanctions claims of executive p rivilege. Claims of privilege must be assessed on a case to case basis, examinin g the ground involved and circumstances surrounding them. What is important is t hat the President asserts such a privilege. However, in the case at bar, such a claim is not asserted, Instead of providing precise and certain reasons from the claim, the letter of Sec. Ermita merely invokes 464 coupled with an announcemen t that the President has not given her consent. This frustrates the power of inq uiry of the Congress. Section 2b in relation to section 3 provides that once a h ead of office determines that certain information is privileged, such a determin ation is presumed to bear the Presidents authority. These provisions thus allow t he President to authorize claims of privilege by mere silence. In fine, Section 3 and Section 2 of EO 464 must be invalidated. exercise powers necessary and pro per to carry out a declared national policy. Such powers expires 1. by resolutio n of Congress or 2. upon the next adjournment of Congress Limitations: 1. Powers will be exercised for a limited period only; and 2. Power s will be subject to restrictions prescribed by Congress Sections 24-27, 30-31 L EGISLATION Bills that must originate from the House of Representatives (Sec. 24) (CODE: A R T Pu Lo P) 1. Appropriation bills 2. Revenue bills 3. Tariff bills 4 . Bills authorizing the increase of public debt 5. Bills of local application 6. Private bills NOTE: The Senate may, however, propose or concur with amendments. Appropriation bills The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury. E.g. Budget BUT: A bill cr eating a new office, and appropriating funds therefor is NOT an appropriation bi ll. Revenue Bill A revenue bill is one specifically designed to raise money or r evenue through imposition or levy. But a provision in, for instance, the Videogr am Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill. Bills of local application A bill of local application, such as on e asking for the conversion of a municipality into a city, is deemed to have ori ginated from the House provided that the bill of the House was filed prior to th e filing of the bill in the Senate even if, in the end, the Senate approved its own version. Limitations: A. For appropriation bills: 1. Cannot increase the app ropriations recommended by the President for the Sections 23-24. DECLARATION WAR/EMERGENCY POWERS OF QuickTime Vote requirement:TIFF (Uncompressed) decompressor (to declare and a exi stence of a the are needed to see this picture. state of war) 1. 2/3 of both Hou ses, 2. in joint session 3. Voting separately Emergency powers: During times of war or other national emergency, Congress may, BY LAW, authorize the President to Page 32 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 operation of the Government as specified in the budget. 2. Must relate specifica lly to some particular appropriation therein and any such provision or enactment must be limited in its operation to the appropriation to which it relates. 3. T he procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. 4. A special appropriations bill must specify the purpose for which it is intended an d must be supported by funds actually available as certified by the National Tre asurer or to be raised by a corresponding revenue proposal therein. Transfer of appropriations: Rule: No law shall be passed authorizing any transfer of appropr iations BUT the following may, BY LAW, be authorized to AUGMENT any item in the general appropriations law for their respective offices from savings in other it ems of their respective appropriations 1. President 2. President of the Senate 3 . Speaker of the House of Representatives 4. Chief Justice of the Supreme Court 5. Heads of the Constitutional Commissions Discretionary funds appropriated for particular officials shall be: 1. Disbursed only for public purposes; 2. Should be supported by appropriate vouchers; and 3. Subject to guidelines as may be pre scribed by law. NOTE: If Congress fails to pass General Appropriations Bill (GAB ) by the end of any fiscal year: The GAB for the previous year is deemed reenact ed It will remain in full force and effect until the GAB is passed by Congress. B. For law granting tax exemption: Concurrence of a MAJORITY of ALL the members of QuickTime and a TIFF (Uncompressed) decompressor Congress. are needed to see t his picture. C. For bills in general Every bill shall embrace only one (1) subje ct, as expressed in the title thereof, which does not have to be a complete cata logue of everything stated in the bill. A title expressing the general subject o f the bill and all the provisions of the statute are germane to that general sub ject is sufficient Page 33 of 125 Readings Each bill must pass three (3) readings in both Houses which shall be he ld on separate days & printed copies thereof in its final form shall be distribu ted to its Members three (3) days before its passage. Exception: If a bill is ce rtified as urgent by the President as to the necessity of its immediate enactmen t to meet a public calamity or emergency, the 3 readings can be held on the same day. First reading only the title is read; the bill is passed to the proper com mittee Second reading Entire text is read and debates are held, and amendments i ntroduced. 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 jour nal. Veto power of President: 1. Must be presented to and signed by the Presiden t. 2. May veto the same and return it with his objections to the House from whic h it originated. The House shall enter the objections in the Journal and proceed to reconsider it. 3. 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 a law as if he signed it. 4. This rule eliminates the pocket veto whereby t he President would simply refuse to act on the bill. 5. 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 app roval. General Rule: If the president disapproves a bill enacted by Congress, he should veto the entire bill. He is not allowed to veto separate items of a bill . Exception: Item veto in the case of appropriation, revenue, and tariff bills

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Definition of item TYPE OF BILL 1. Revenue/tax bill ITEM Subject of the tax and the tax rate imposed thereon Indivisible sum dedicated to a stated purpose Withi n the framework of the national development program of the Government Constituti onal tax exemptions: The following properties are exempt from REAL PROPERTY taxe s (CODE: Cha Chu M- CA) 1. Charitable institutions 2. Churches, and parsonages o r convents appurtenant thereto 3. Mosques 4. Non-profit cemeteries; and 5. All l ands, buildings and improvements actually, directly and exclusively used for rel igious, charitable, or educational purposes. NOTE: All revenues and assets of NO N-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PRO VIDED that such revenues and assets are actually, directly and exclusively used for educational purposes. (Art. XIV Sec. 4 (3)) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec. 4 (4)) Sec. 29. Power of the Purse Specific limitations on legislatio n No law shall be enacted increasing the Supreme Courts appellate jurisdiction wi thout the SCs advice and concurrence. No law shall be enacted granting titles of royalty or nobility. Sec. 28. POWER TO TAX Limitations: (UP DEP) 1. The rule of taxation should be UNIFORM 2. It should be EQUITABLE 3. Congress should evolve a PROGRESSIVE system of taxation. 4. The power to tax must be exercised for a Pub lic purpose because the power exists for the general welfare 5. The Due process and equal protection clauses of (Uncompressed) decompressor should be the QuickT ime and a Constitution TIFF observed. are needed to see this picture. Delegation of power to fix rates Congress may, BY LAW, authorize the President to fix the f ollowing: 1. Tariff rates 2. Import and Export Quotas 3. Tonnage and wharfage du es 4. Other duties and imposts No money shall be paid out of the National Treasu ry EXCEPT in pursuance of an appropriation made by law. BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the rule does not require yearly, or annual appropriation. Limitations. 1. Appropri ations must be for a PUBLIC PURPOSE 2. Cannot appropriate public funds or proper ty, directly or indirectly, in favor of a. any sect, church, denomination, or se ctarian institution or system of religion or b. Any priest, preacher, minister, or other religious teacher or dignitary as such. EXCEPT if the priest, etc is as signed to: i. the Armed Forces; or ii. any penal institution; or iii. government orphanage; or iv. leprosarium NOTE: BUT the government is not prohibited from a ppropriating money for a valid secular purpose, Page 34 of 125 2. Appropriations bill Exceptions to the Exception: 1. Doctrine of Inappropriate Provisions- a provisio n that is constitutionally inappropriate for an appropriation bill may be single d for veto even if it is not an appropriation or revenue item (Gonzales vs. Macara ig, 191 SCRA 452) 2. Executive Impoundment- refusal of the President to spend fu nds already allocated by Congress for specific purpose. It is the failure to spe nd or obligate budget authority of any type (Philconsa vs. Enriquez, G.R. No. 11 3105. August 19, 1994) Veto of RIDER A rider is a provision which does not relat e to a particular appropriation stated in the bill. Since it is an invalid provi sion under Section 25(2), the President may veto it as an item.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 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. ALSO, the temporary use of public property for religious purposes is valid, as l ong as the property is available for all religions Special Funds Money collected on a tax levied for a special purpose shall be treated as a special fund and pa id 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 Sec. 3 2. INITIATIVE AND REFERENDUM President Vice President At least 40 years old on t he day of election Natural- born citizen of the Philippines Able to read and wri te Registered voter Resident of the Philippines for at least 10 years immediatel y preceding the election Term of 6 yrs. Unless otherwise provided by law, term o f office commence at noon of June 30 next following the lection Single term only ; not Term limitation: 2 eligible for any successive terms. reelection Any perso n 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. Pimentel, Jr. v. Ermita* (472 SCRA 587) (October 13, 2005) Ratio: The power to appoint is essentia lly executive in nature, and the legislative may not interfere with the exercise of this executive power except in those instances when the Constitution express ly allows it to interfere. Sec. 2 Qualifications Initiative: The power of the people to propose amendments to the Constitution or to propose and enact legislation called for the purpose. Referendum: Power of t he electorate to approve or reject legislation through an election called for th e purpose. Required Petition 1. Should be signed by at least 10% of the total nu mber of registered voters 2. Every legislative district should be represented by at least 3% of the registered voters 3. Petition should be registered ARTICLE V II. THE EXECUTIVE DEPARTMENT Sec. 1. Executive Power Scope: 1. Executive power i s vested in the President of the Philippines. 2. Such is not limited to those se t forth in the constitution. The SC, in Marcos v. Manglapus, referred to the RES IDUAL powers of the President as the Chief Executive of the country, which power s include others QuickTimeset a forth in the not and TIFF (Uncompressed) decompre ssor Constitution. areEXAMPLE:picture. President is The needed to see this immun e from suit and criminal prosecution while he is in office. 3. Privilege of immu nity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when he himself files suit. 4. BUT The P resident CANNOT dispose of state property unless authorized by law. Sec. 4. OFFICE MANNER OF ELECTION/ TERM OF Manner of Election 1. The President and Vice-President shall be elected by direc t vote of the people. 2. Election returns for President and VicePresident, as du ly certified by the proper Board of Canvassers shall be forwarded to Congress, d irected to the Senate President. 3. Not later than 30 days after the day of the election, the certificates shall be opened in Page 35 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the presence of both houses of Congress, assembled in joint public session. The Congress, after determining the authenticity and due execution of the certificat es, shall canvass the votes. The person receiving the highest number of votes sh all be proclaimed elected. In case of a tie between 2 or more candidates, one sh all be chosen by a majority of ALL the members of both Houses, voting separately . In case this results in a deadlock, the Senate President shall be the acting P resident until the deadlock is broken. The Supreme Court en banc shall act as th e sole judge over all contests relating to the election, returns, and qualificat ions of the President or Vice-President and may promulgate its rules for the pur pose disabled. chosen and qualified. In case of death or disability of (1) and ( 2), Congress shall determine, by law, who will be the acting President. 4. 5. 6. 7. Sec. 6. SALARIES AND EMOLUMENTS 1. Official salaries are determined by law. 2. S alaries cannot be decreased during the TENURE of the President and the VicePresi dent. 3. Increases take effect only after the expiration of the TERM of the incu mbent during which the increase was approved. 4. Prohibited from receiving any o ther emolument from the government or any other source during their TENURE 2. Vacancies after the office is initially filled: VACANCY SUCCESSOR President d ies, is Vice-President permanently becomes President for disabled, is the unexpi red term. impeached, or resigns. Both President and 1. Senate President Vice-Pre sident die, or become permanently 2. In case of his disabled, are inability, the impeached, or Speaker of the resign. House shall act as President until the Pre sident or VP shall have been elected and qualified. 3. Vacancy in office of Vice -President during the term for which he was elected: a) President will nominate new VP from any member of either House of Congress. b) Nominee shall assume offi ce upon confirmation by majority vote of ALL members of both Houses, voting sepa rately. (Nominee forfeits seat in Congress) 4. Election of President and Vice-Pr esident after vacancy during term a) Congress shall convene 3 days after the vac ancy in the office of both the President and the VP, without need of a call. The convening of Congress cannot be suspended. b) Within 7 days after convening, Co ngress shall enact a law calling for a special election to elect a President and a VP. The special election cannot be postponed. c) The special election shall b e held not earlier than 45 days not later than 60 days from the time of the enac tment of the law. d) The 3 readings for the special law need not be held on sepa rate days. e) The law shall be deemed enacted upon its approval on third reading . Sections 7-12. PRESIDENTIAL SUCCESSION 1. Vacancies at the beginning of the term VACANCY SUCCESSOR President-elect VP-e lect will be Acting fails to qualify or to President until someone be chosen is qualified/chosen as President. President-elect VP becomes President. QuickTime an d a dies or is TIFF (Uncompressed) decompressor are needed to see this picture. permanently disabled. Both President 1) Senate President or and VP-elect are 2) In case of his not chosen or do inability, the Speaker not qualify or both of th e House shall act die, or both as President until a become President or a VP per manently shall have been Page 36 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election. 5. TEMPORARY DISABILITY of th e President: The temporary inability of the President to discharge his duties ma y be raised in either of two ways: a) By the President himself, when he sends a written declaration to the Senate President and the Speaker of the House. In thi s case, the Vice-President will be Acting President until the President transmit s a written declaration to the contrary. b) When a majority of the Cabinet membe rs transmit to the Senate President and the Speaker their written declaration. i . The VP will immediately be Acting President. ii. BUT: If the President transmi ts a written declaration that he is not disabled, he reassumes his position iii. If within 5 days after the President reassumes his position, the majority of th e Cabinet retransmits their written declaration, Congress shall decide the issue . In this event, Congress shall reconvene within 48 hours if it is not in sessio n, without need of a call. iv. Within 10 days after Congress is required to asse mble, or 12 days if Congress is not in session, a 2/3 majority of both Houses, v oting separately, is needed to find the President temporarily disabled, in which case, the VP will be Acting President. 6. Presidential Illness: a) If the Presi dent is seriously ill, the public must be informed thereof. b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and th e Chief of Staff of the AFP are entitled to access to the President Sec. 13. DIS QUALIFICATIONS and a QuickTime TIFF (Uncompressed) decompressor are needed to see this picture. Constitution (e.g. VP can be appointed a Cabinet Member, Sec. of Justice sits on Judicial and Bar Council); or the positions are ex-officio and they do not rece ive any salary or other emoluments therefor (e.g. Sec. of Finance is head of Mon etary Board). 2) Practicing, directly or indirectly, any other profession during their tenure; 3) Participating business; in any Spouses and 4th degree relatives of the President (consanguinity or affinity) SUBJECT President, VicePresident, Cabinet Members, Deputies or Assistants of Cab inet Members SOURCE OF DISQUALIFICATION Prohibited from: 1) Holding any office or employment during their tenure, UNLESS: otherwise provided in the 4) Being financially interested in any contract with, or in any franchise, or sp ecial privilege granted by the government or any subdivision, agency or instrume ntality thereof, including GOCC s or their subsidiaries. N.B. The rule on disqua lifications for the President and his Cabinet are stricter than the normal rules applicable to appointive and elective officers under Art. IX-B, Sec. 7. Cannot be appointed during Presidents tenure as: 1) Members of the Constitutional Commis sions; 2) Office of the Ombudsman; 3) Department Secretaries; 4) Department unde rsecretaries; 5) Chairman or heads of Page 37 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 bureaus or offices including GOCCs and their subsidiaries. N.B. 1) If the spouse, etc., was already in any of the above offices at the time before his/her spouse became President, he/she may continue in office. What is prohibited is appointm ent and reappointment, NOT continuation in office. 2) Spouses, etc., can be appo inted to the judiciary and as ambassadors and consuls. Sections 14-16. POWER TO APPOINT Principles: Power to appoint is executive in nature. While Congress (and the Constitution in certain cases) may prescribe the qualifications for particu lar offices, the determination of who among those who are qualified will be appo inted is the Presidents prerogative. Scope: The President shall appoint the follo wing: 1. Heads of executive departments (CA confirmation needed): 2. Ambassadors , other public ministers, and consuls (CA confirmation needed). 3. Officers of A FP from rank of colonel or naval captain (CA confirmation needed). 4. Other offi cers whose appointment is vested in him by the Constitution (CA confirmation nee ded), such as: a. Chairmen and members of the COMELEC, COA and CSC. b. Regular m embers of the Judicial and Bar Council. c. The Ombudsman and his deputies; Quick Time and a d. Sectoral representatives in Congress. TIFF (Uncompressed) decompressor are needed to see this picture. a. This includes the Chairman and members of the Commission on Human Rights, who se appointments are provided for by law NOT by the Constitution. b. Congress may , by law, vest the appointment of other officers lower in rank in the President alone or in the courts, or in the heads of departments, agencies, boards or comm issions. c. BUT: Congress cannot, by law, require CA confirmation of the appoint ment of other officers for offices created subsequent to the 1987 Constitution ( e.g. NLRC Commissioners, Bangko Sentral Governor). d. ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not requ ired to be confirmed does not vest the CA with jurisdiction. The President canno t extend the scope of the CAs power as provided for in the Constitution. Procedur e: 1. CA confirmation needed: a) Nomination by President b) Confirmation by CA c ) Appointment by President; and d) Acceptance by appointee. NOTE: At any time be fore all four steps have been complied with, the President can withdraw the nomi nation/appointment. 2. No CA confirmation: a) Appointment; and b) Acceptance. NO TE: Once appointee accepts, President can no longer withdraw the appointment. Ad -interim appointments: 1. When Congress is in recess, the President may still ap point officers to positions subject to CA confirmation. 2. These appointments ar e effective immediately, but are only effective until they are disapproved by th e CA or until the next adjournment of Congress. 3. Appointments to fill an offic e in an acting capacity are NOT ad-interim in nature and need no CA approval. Appo intments by an Acting President: N.B. President also appoints members of the Supreme Court and judges of the lowe r courts, but these appointments do not need CA confirmation. 5. All other offic ers whose appointments are not otherwise provided for by law; and those whom he may be authorized by law to appoint. Page 38 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 These shall remain effective UNLESS revoked by the elected President within 90 d ays from his assumption or re-assumption of office. Limitation 1. 2 months immed iately before the next Presidential elections, and up to the end of his term, th e President or Acting President SHALL NOT make appointments. This is to prevent the practice of midnight appointments. 2. EXCEPTION: a) Can make TEMPORARY APPOINT MENTS b) To fill EXECUTIVE POSITIONS; c) If continued vacancies therein will pre judice public service or endanger public safety. Sec. 17. Power of Control and S upervision Sec. 18. COMMANDER-IN-CHIEF POWERS POWER OF CONTROL: The power of an officer to alter, modify, or set aside what a subordinate officer has done in th e performance of his duties, and to substitute the judgment of the officer for t hat of his subordinate. The Presidents power over government-owned corporations c omes not from the Constitution but from statute. Hence, it may be taken away by statute. Qualified Political Agency: Generally the acts of these department head s, etc, which are performed and promulgated in the regular course of business, a re presumptively the acts of the President. Exception: a. If the acts are disapp roved or reprobated by the President. b. If the President is required to act in person by law or by the Constitution Example: The power to grant pardons must be exercised personally by the President NOTE: Under Administrative Law, decisions of QuickTime and a TIFF (Uncompressed) decompressor Department Secretaries needs ee this picture.appealed to the are needed to not be President in order to compl y with the requirement of exhaustion of administrative remedies. Disciplinary Po wers: The power of the President to discipline officers flows from the power to appoint the officer, and NOT from the power to control. BUT While the President may remove from office those who are not entitled to security of tenure, or thos e officers with no set terms, such as Department Heads, the officers, and employ ees entitled to security of tenure cannot be summarily removed from office. Powe r of Supervision: This is the power of a superior officer to ensure that the law s are faithfully executed by subordinates. The power of the president over local government units is only of general supervision. Thus, he can only interfere wi th the actions of their executive heads if these are contrary to law. The execut ion of laws is an OBLIGATION of the President. He cannot suspend the operation o f laws. The power of supervision does not include the power of control; but the power of control necessarily includes the power of supervision. Scope: Being the Commander-in-Chief of the Armed Forces, whenever necessary, the President may call out the AFP 1. to PREVENT or SUPPRESS: a. Lawless violence; b. Invasion; or c. Rebellion. 2. May also: a. Suspend the privilege of the writ of habeas corpus; and b. Proclaim a state of martial law. Suspension of the priv ilege of the writ of habeas corpus and declaring martial law; 1. Grounds a. Inva sion or b. Rebellion; and c. Public safety requires it. 2. The invasion or rebel lion must be ACTUAL and not merely imminent. 3. Limitations: a. Suspension or pr oclamation is effective for only 60 days. b. Within 48 hours from the declaratio n or suspension, the President must submit a report to Congress. c. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot set aside the revocation. Page 39 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. In the same manner, at the Presidents initiative, Congress can extend the same for a period determined by Congress if: 4. Invasion or rebellion persist and 5. Public safety requires it. NOTE: Congress CANNOT extend the period motu propio. e. Supreme Court review: i. The appropriate proceeding can be filed by any citi zen. ii. The SC can review the FACTUAL BASIS of the proclamation or suspension. iii. Decision is promulgated within 30 days from filing. f. Martial Law does NOT : i. Suspend the operation of the Constitution. ii. Supplant the functioning of the civil courts or legislative assemblies. iii. Authorize conferment of jurisdi ction on military courts over civilians where civil courts are able to function and iv. Automatically suspend the privilege of the writ of habeas corpus. g. Sus pension of privilege of the writ of habeas corpus: i. Applies ONLY to persons ju dicially charged for rebellion or offenses inherent in or directly connected wit h invasion. ii. Anyone arrested or detained during suspension must be charged wi thin 3 days. Otherwise he should be released. NOTE: While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial rev iew, the actual use by the President of the armed forces is not. Thus, troop dep loyments in times of war are subject to the Presidents judgment and discretion. D eclaration of State are needed to see this picture. of Rebellion QuickTime and a TIFF (Uncompressed) decompressor David v. Macapagal-Arroyo* 171396, May 3, 2006 Facts: G.R. No. President Arroyo issued Presidential Proclamation No. 1017 declaring a state of national emergency, stating that the proximate cause behind the executive issuan ces was the conspiracy among members of the political opposition in a plot to un seat or assassinate President Arroyo. By virtue of PP1017, political rallies wer e cancelled, rallyists were violently dispersed, and warrantless arrests and tak e-over of facilities, including media, were implemented. On March 3, 2006, PGMA issued PP1021 declaring that the state of national emergency has ceased to exist . Issues: A. PROCEDURAL 1. W/N the issuance of PP 1021 renders the petitions moo t and academic 2. W/N the petitioners in 171485 (Escudero, et.al), 171400 (Alter native Law Groups, Inc.), 171483 (Kilusang Mayo Uno, et al.), 171489 (Cadiz, et. al.), and 171424 (Legarda) have legal standing. B. SUBSTANTIVE 1. W/N the SC can review the factual bases of PP 1017 2. W/N PP 1017 and G.O. 5 are unconstitutio nal a. Facial Challenge b. Constitutional Basis c. As Applied Challenge Held: A. Procedural 1. PGMAs issuance of PP 1021 did not render the present petitions moo t and academic. Courts will decide cases, otherwise moot and academic, if: first , there is a grave violation of the Constitution; second, the exceptional charac ter of the situation and the paramount public interest is involved; third, when constitutional issue raised requires formulation of controlling principles to gu ide the bench, the bar, and the public; and fourth, the case is capable of repet ition yet evading review. 2. All petitioners have locus standi. Even if the plai ntiff who asserts a public right, fails to prove that he has a personal and substan tial interest in the case such that he has sustained, or will sustain direct inj ury as a result, the requirement of locus standi may Page 40 of 125 IBP v. Zamora, G.R. 141284 The factual necessity of calling out the armed forces is something that is for the President to decide, but the Court may look into t he factual basis of the declaration to determine if it was done with grave abuse of discretion amounting to lack of jurisdiction.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 be waived by the Court in the exercise of its discretion, under the principle of transcendental importance, provided the following requirements are met: a. the ca ses involve constitutional issues b. for taxpayers, there must be a claim of ill egal disbursement of public funds or that the tax measure is unconstitutional; c . for voters, there must be a showing of obvious interest in the validity of the election law in question; d. for concerned citizens, there must be a showing th at the issues raised are of transcendental importance which must be settled earl y; e. for legislators, there must be a claim that the official action complained of infringes upon their prerogatives as legislators 3. it is not proper to impl ead PGMA as a respondent. Settled is the doctrine that the President, during his tenure of office or actual incumbency, may not be sued in any civil or criminal cases, and there is no need to provide for it in the Constitution or law. A. SU BSTANTIVE 1. Review of Factual Bases 4. As to how the Court may inquire into the Presidents exercise of power, in Lansang v. Garcia, it adopted the test that judi cial inquiry can go no further than to satisfy the Court not that the Presidents decision is correct but that the President did not act arbitrarily. Thus, the st andard laid down is not correctness, but arbitrariness. 5. Hence, it is incumben t upon the petitioner to show that the Presidents decision is totally bereft of f actual basis of which they failed to show that PGMAs exercise of the calling-out power, by issuing PP 1017, is totally bereft of factual basis. B. Substantive Th e Petitions are partly needed to see this picture. are granted. QuickTime and a TIFF (Uncompressed) decompressor 2. However, the provisions of PP 1017 commanding the AFP to enforce laws not rel ated to lawless violence, as well as decrees promulgated by the President, are d eclared UNCONSTITUTIONAL. The assailed PP 1017 is unconstitutional insofar as it grants PGMA the authority to promulgate decrees. Legislative power is peculiarly within the province of the Legislature. She can only order the military, under P P 1017, to enforce laws pertinent to its duty to suppress lawless violence. 3. I n addition, the provision in PP 1017 declaring national emergency under Section 17, Article VII of the Constitution is CONSTITUTIONAL, but such declaration does not authorize the President to take over privately-owned public utility or busi ness affected with public interest without prior legislation. 4. G.O. No. 5 is C ONSTITUTIONAL since it provides a standard by which the AFP and the PNP should i mplement PP 1017, i.e. whatever is necessary and appropriate actions and measures to suppress and prevent acts of lawless violence. Considering that acts of terror ism have not yet been defined and made punishable by the Legislature, such portio n of G.O. No. 5 is declared UNCONSTITUTIONAL. Hence, the various warrantless arr est; the imposition of standards on media or any form of prior restraint on the press, as well as the warrantless search of the Tribune offices and whimsical se izure of its articles for publication and other materials, are declared UNCONSTI TUTIONAL for PP 1017 is merely an invocation of the Presidents calling-out power; there is nothing in it allowing the police, expressly or impliedle, to conduct illegal arrest, search, or violate the citizens constitutional rights. Sec. 19: EXECUTIVE CLEMENCY Scope: After conviction by final judgment, the Presi dent may grant the following: [ Pa R C Re] 1. Pardons (conditional or plenary) 2 . Reprieves 3. Commutations 4. Remittance of fines and forfeitures NOTE: The pow er to grant clemency includes cases involving administrative penalties. Where a conditional pardon is granted, the determination of whether it has been violated rests with the President. Limitations: A. Cannot be granted: 1. Before convicti on In cases of impeachment Page 41 of 125 1. The Court rules that PP 1017 is CONSTITUTIONAL insofar as it constitutes a ca ll by President Gloria Macapagal-Arroyo on the AFP to prevent or suppress lawles s violence, which pertains to a spectrum of conduct, and not free speech, which is manifestly subject to state regulation.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 For violations of election laws, rules, and regulations without the favorable re commendation of the COMELEC 3. In cases of civil or legislative contempt B. As t o effect: 1) Does not absolve civil liabilities for an offense. 2) Does not rest ore public offices already forfeited, although eligibility for the same may be r estored. Amnesty: An act of grace concurred in by Congress, usually extended to groups of persons who commit political offenses, which puts into oblivion the of fense itself. 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 which is subject to such amnesty. If his application is denied, he can be convicted based on this admission of guilt. Am nesty V. Pardon AMNESTY Addressed to POLITICAL offenses Granted to a CLASS of pe rsons Need not be accepted Requires concurrence of majority of all members of Co ngress A public act. Subject to judicial notice Extinguishes the offense itself PARDON Addressed to ORDINARY offenses Granted to INDIVIDUALS Must be accepted No need for Congressional concurrence Private act of President. It must be proved. Only penalties are extinguished. May or may not restore political rights. Absol ute pardon restores. Conditional does not. Civil indemnity is not extinguished. May be granted before Only granted after or after conviction conviction by final QuickTime and a judgment TIFF (Uncompressed) decompressor are needed to see this picture. 2. 2. Subject to such limitations as may be provided by law. a. Monetary Board shal l submit to Congress report on loans within 30 days from the end of every quarte r. Section 21. Foreign Relations Powers include: 1. Power to negotiate treaties and other international agreements BUT: Such treaty or international agreement n eeds to pass to the Senate which has the following options: a. Approve with 2/3 majority; b. Disapprove outright; or c. Approve conditionally, with suggested am endments which if re-negotiated and the Senates suggestions are incorporated, the treaty will go into effect without need of further Senate approval However, if re-negotiated, there is no treaty. If theres conflict between treaty and municipa l law, then under; a. Philippine Courts: The later enactment will prevail, be it treaty or law, as it is the latest expression of the States will. b. Internation al tribunal: Treaty will always prevail. A State cannot plead its municipal law to justify noncompliance with an international obligation. NOTE: While our munic ipal law makes a distinction between international agreements and executive agre ements, with the former requiring Senate approval and the latter not needing the same, under international law, there is no such distinction. NOTE: The Presiden t cannot, by executive agreement, undertake an obligation which indirectly circu mvents a legal prohibition. 2. Power to appoint ambassadors, other public minist ers, and consuls. Power to receive ambassadors and other public ministers accred ited to the Philippines. Power to contract and guarantee foreign loans on behalf of the Republic Power to deport aliens a. This power is vested in the President by virtue of his office, subject only to restrictions as may be provided by 3. Sec. 20. Power to Contract or Guarantee Foreign Loans Limitations: 1. The Presid ent may contract or guarantee foreign loans on behalf of the Republic of the Phi lippines with the prior concurrence of the Monetary Board; and 4. 5. Page 42 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 legislation as regards to the grounds for deportation. b. In the absence of any legislative restriction to authority, the President may still exercise this powe r. c. The power to deport aliens is limited by the requirements of due process, which entitles the alien to a full and fair hearing. d. BUT: The alien is not en titled to bail as a matter of right. ARTICLE VIII. THE JUDICIAL DEPARTMENT Sec. 1. JUDICIAL POWER Definition: Judicial power is the authority to settle justicia ble controversies or disputes involving rights that are enforceable and demandab le before the courts of justice or the redress of wrongs for violations of such rights. To whom vested: Supreme Court and such lower courts as may be establishe d by law. Hence, they may neither attempt to assume or be compelled to perform n on-judicial functions. They may not be charged with administrative functions exc ept when reasonably incidental to the fulfillment of their duties. The duties of the courts are 1. to settle actual controversies involving rights which are leg ally demandable and enforceable; and 2. To determine whether or not there has be en a grave abuse of discretion amounting to lack or excess of jurisdiction on th e part of any branch or instrumentality of the government. Note: The courts cann ot be asked for advisory opinions. Political Questions: A POLITICAL QUESTION is on e the resolution of which has been vested by the Constitution exclusively in eit her the people, in the exercise of their sovereign capacity, or in whicha full d iscretionary QuickTime and TIFF (Uncompressed) decompressor authority has been de legatedsee this picture. are needed to to a co-equal branch of the Government. T hus, while courts can determine questions of legality with respect to government al action, they cannot review government policy and the wisdom thereof, for thes e questions have been vested by the Constitution in the Executive and Legislativ e Departments. Creation and abolition of courts: The power to create courts impl ies the power to abolish and even re-organize courts. BUT this power cannot be e xercised in a manner which would undermine the security of tenure of the judicia ry. If the abolition/re-organization is done in good faith and not for political or personal reasons, then it is VALID. Sec. 3. FISCAL AUTONOMY The entire judic iary 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. Sections 4-7; 12 J UDICIARY Composition of the Supreme Court: 1) Chief Justice and 2) 14 Associate Justices NOTE: Members of the Supreme Court and of other courts established by l aw shall not be designated to any agency performing quasi-judicial or administra tive functions. Qualifications of members of the: SC lower collegiate courts e.g . CA, CTA, Sandiganbayan Natural born citizen of the Philippines Sec. 2. ROLES O F CONGRESS Defining enforceable and demandable rights and prescribing remedies f or violations of such rights; and 2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights. BUT, Congre ss cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution. 1. judges of lower noncollegiate courts Citizen of the Philippines (may be a natura lized citizen) At least 40 years old Possesses other qualifications prescribed by Congress Page 43 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 At least 15 years of experience as a judge or in the practice of law in the Phil ippines Member of the Philippine Bar Sec. 11. TENURE/DISCIPLINARY POWERS OF SC 1 . Members of the SC and judges of the lower courts hold office during good behav ior until; a) The age of 70 years old; or b) They become incapacitated to discha rge their duties. 2. Disciplinary action against judges of lower courts: Only th e SC en banc has jurisdiction to discipline or dismiss judges of lower courts. D isciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted therein. 3. Only by IMPEACHMENT SC Justices can be remov ed. They cannot be disbarred while they hold office. Sections. 4-6, 13. THE SUPR EME COURT Hearing of cases: En banc; or Divisions of 3, 5, or 7. Cases required to be heard en banc: 1. All cases involving constitutionality of a/an: (CODE: T I L) a. Treaty b. International or executive agreement or c. Law. 2. All cases r equired to be heard en banc under the Rules of Court: 3. Appeals from Sandiganba yan; and from the Constitutional Commissions 4. All cases involving the constitu tionality, application or operation of: (CODE: PPOIRO) a. Presidential decrees b . Proclamations c. Orders d. Instructions e. Ordinances; and f. Other regulation s. 5. Cases heard by a division where required majority of 3 was not obtained. 6 . Cases where SC modifies or reverses a doctrine or principle of law laid down b y the SC en banc or by a division. 7. Administrative cases to discipline or dism iss judges of lower courts; and 8. Election contests for President and VicePresi dent. Person of proven competence, integrity, probity and independence Sec. 8. JUDICIAL AND BAR COUNCIL Under the supervision of the SC. A. Composition 1. Chief Justice, as ex-officio chairman 2. Secretary of Justice, as an ex-officio member 3. Representative of C ongress, as an ex-officio member 4. Representative of the Integrated Bar 5. A pr ofessor of law 6. A retired member of the SC; and 7. Private sector representati ve NOTE: The last four are the regular members of the JBC. Regular members are a ppointed by the President with CA approval. Regular members serve for 4 years, w ith staggered terms. B. Functions of JBC Principal function: recommend appointee s to the Judiciary Exercise such other functions as the SC may assign to it. C. Appointments to the Judiciary President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the JBC. No CA confirmation is needed for appointments to the Judiciary. Vacancies in SC should be filled within 90 da ys from the occurrence of the vacancy. Vacancies in lower courts should be fille d within 90 QuickTime and a days from submission (Uncompressed) decompressor the JBC list. to the President of TIFF are needed to see this picture. Sec. 10. SALARIES Salaries of SC Justices and judges of lower courts shall be fi xed by law. Cannot be decreased during their continuance in office, but can be i ncreased. Members of the Judiciary are NOT exempt from payment of income tax. Page 44 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Cases heard by division 1. Must be decided with the concurrence of a majority of the members who took part in the deliberations and voted thereon. 2. Majority v ote in a division should be at least 3 members. Powers of the SC ORIGINAL jurisd iction 1) Cases affecting ambassadors, other public ministers and consuls. NOTE: This refers to foreign ambassadors, etc., stationed in the Philippines 2) Petit ions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. iv. The Integrated Bar; and v. Legal assistance to the underprivileged. Limitations on Rule Making Power 1. It should provide a simplified and inexpensive procedur e for the speedy disposition of cases. 2. It should be uniform for all courts of the same grade 3. It should not diminish, increase, or modify substantive right s. 6. Appoint ALL officials and employees of the Judiciary, in accordance with C ivil Service Law. 7. Exercise administrative supervision over ALL courts and the personnel thereof. Decisions of the Supreme Court: 1. Reached in consultation b efore being assigned to a member for the writing of the opinion. 2. A certificat ion to this effect must be signed by the Chief Justice and attached to the recor d of the case and served upon the parties. 3. Members of the SC who took no part , or who dissented or abstained must state the reasons therefore. NOTE: This pro cedure shall also be observed by all lower collegiate courts (CA, CTA, and the S andiganbayan). JUDICIAL REVIEW Definition Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional. Lower courts may als o exercise the power of judicial review, subject to the appellate jurisdiction o f the SC. Only SC decisions are precedent, and thus, only SC decisions are bindi ng on all. Requisites: Code: [A R S E L] 1. An ACTUAL CASE calling for the exerc ise of judicial power 2. The question involved must be RIPE FOR ADJUDICATION, i. e. the government act must have had an adverse effect on the person challenging it. 3. The person challenging the governmental act must have STANDING, i.e. a pers onal and substantial interest in the case such that he has sustained, or will su stain, direct injury as a result of its enforcement. APPELLATE jurisdiction over final judgments and orders in the following: 1) All cases involving the constitutionality or validity of any: treaty, international or executive agreement, law, decree, presidential order, proclamation, instructi on, ordinance, or, regulation; 2) All cases involving the legality of any: tax, impost, toll, assessment or any penalty imposed in relation thereto; 3) All case s in which the jurisdiction of any lower court is in issue 4) Criminal cases whe re the penalty imposed is reclusion perpetua or higher; and 5) All cases where O NLY errors or questions of law are involved. 3. Temporarily assign lower court judges to other stations in the public interes t. Note: Temporary assignment shall not exceed 6 months without the consent of t he judge concerned. 4. Order a change of are needed to seeplace of trial to avoi d a venue or this picture. miscarriage of justice. 5. Promulgate rules concernin g: i. The protection and enforcement of constitutional rights; ii. Pleading, pra ctice and procedure in all courts; iii. Admission to the practice of law; QuickTime and a TIFF (Uncompressed) decompressor Page 45 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. The question of Constitutionality must be raised in the first instance, or at the earliest opportunity. 5. Resolution of the issue of constitutionality is un avoidable or is the very lis mota Effect of a declaration of unconstitutionality : Prior to the declaration that a particular law is unconstitutional, it is cons idered as an operative fact which at that time had to be complied with. Thus, thes e vested rights, acquired under such law before it was declared unconstitutional , are not prejudiced by the subsequent declaration that the law is unconstitutio nal. Sec. 14. DECISIONS 1. Decisions MUST state clearly and distinctly the facts and the law on which they are based. 2. Memorandum decisions, where the appella te 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. 3. These rules only apply to courts. They do not apply to quasi-judi cial or administrative bodies nor to military tribunals. Safeguards that guarant ee Independence of the Judiciary: 1. Being a Constitutional body, it may not be abolished by law; 2. Members are only removable by impeachment; 3. SC may not be deprived of minimum and appellate jurisdiction; appellate jurisdiction may not be increased without its advice or concurrence; 4. SC has administrative supervi sion over all inferior courts and personnel; 5. SC had exclusive power to discip line judges/ justices of inferior courts; 6. Members of the judiciary enjoy secu rity of tenure; 7. Members of judiciary may not be designated to any agency perf orming a quasi-judicial or QuickTime and TIFF (Uncompressed) decompressor adminis trative functions; picture. are needed to see this 8. Salaries of judges may not be reduced; judiciary enjoys fiscal autonomy; 9. SC alone may initiate Rules of Court; 10. SC alone may order temporary detail of judges; and 11. SC can appoin t all officials and employees of the Judiciary (Nachura, Reviewer in Political L aw, p. 199-200.) ARTICLE IX THE CONSTITUTIONAL COMMISSIONS Sec. 1. Constitutiona l Commissions Independent Constitutional Commissions: 1. Civil Service Commissio n (CSC) 2. Commission on Elections (COMELEC) 3. Commission on Audit (COA) Safegu ards that guarantee Independence of Commissions: 1. They are constitutionally cr eated; may not be abolished by statute; 2. Each is expressly described as indepen dent 3. Each is conferred certain powers and functions which cannot be reduced by statute; 4. The Chairmen and members cannot be removed except by impeachment; 5 . The chairmen and the members are given fairly a long term of office of 7 years ; 6. The Chairmen and members may not be reappointed or appointed in an acting c apacity (Brillantes v. Yorac, 192 SCRA 358); 7. The salaries of the Chairmen and members are relatively high and may not be decreased during continuance in offi ce; 8. The Commissions enjoy fiscal autonomy; 9. Each Commission may promulgate its own procedural rules, provided they do not diminish, increase or modify subs tantive rights (though subject to disapproval by the SC.); 10. The Chairmen and members are subject to certain disqualifications calculated to strengthen their integrity; 11. The Commissions may appoint their own officials and employees in accordance with Civil Service Law (Nachura, Reviewer in Political Law, p. 209) S ec. 2. DISQUALIFICATIONS Disqualifications: Members cannot, during their tenure: 1. Hold any other office or employment; 2. Engage in the practice of any profes sion;\ 3. Engage in the active management or control of any business, which, in any way, may be affected by the functions of their office; and 4. Be financially interested, directly or indirectly, in any contract, franchise, privilege grant ed by the government, any of its subdivisions, Page 46 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 agencies, instrumentalities, GOCC s and their subsidiaries. including Appeals: 1 . Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari t o the SC under Rule 65. 2. Decisions, orders or ruling of the CSC should be appe aled to the CA under Rule 43. Enforcement: It has been held that the CSC can iss ue a writ of execution to enforce judgments, which are final. THE CIVIL SERVICE COMMISSION Sec.1. COMPOSITION/QUALIFICATIONS/TERM Composition: 1. Chairman 2. Co mmissioners 2 commissioners Qualifications: 1. Natural-born citizens of the Phil ippines; 2. At least 35 years old at the time of their appointments; 3. With pro ven capacity for public administration; and 4. NOT candidates for any elective p osition in the elections immediately preceding their appointment. 5. Appointees by the President to the CSC need Commission on Appointments (CA) confirmation Te rm: st 1. 7 years (except for the 1 appointees where the Chairman has 7 years, 1 Commissioner has 5 years while another has 3 years) 2. Limitation: single term only, no reappointment 3. Appointment to vacancy: only for unexpired term of pre decessor 4. No temporary appointments, or appointments in acting capacity. Sec. 2. Scope: The Civil Service embraces all: 1. branches, 2. subdivisions, 3. instr umentalities, 4. agencies of the government, 5. including GOCCs with original ch arters. a. "With Original Charter" means that the GOCC was created by special la w/by Congress b. If incorporated under the Corporation Code, it does not fall wi thin the Civil Page 47 of 125 NOTE: The Ombudsman and his deputies are subject to the same qualifications. Sec . 3. SALARIES 1. Salaries are fixed by law and shall not be decreased during the ir TENURE. 2. Decreases in salaries only affect those members appointed AFTER in crease. 3. Incumbent members do not lose any salary. 4. Increases take effect IM MEDIATELY. Sec. 6. RULES OF PROCEDURE Procedures: 1. Rules: The Commissions may promulgate their own rules EN BANC. 2. Limitation: The rules shall not: a. Dimin ish, b. Increase, or c. Modify substantive rights. 3. Power of SC a. The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of "speci al courts and quasi-judicial bodies." b. In proceedings before the Commissions, the rules of the Commission prevail. c. In proceedings before a court, the Rules of Court prevail. d. The SC may, however, in appropriate cases, exercise JUDICI AL REVIEW Sec. 7. DECISION MAKING/APPEAL Decision-Making: 1. Each commission sha ll decide matter or cases by a majority vote of all the members within 60 days f rom submission. a. COMELEC may sit en banc or in 2 divisions. b. Election cases, including pre-proclamation controversies are decided in division, with motions for reconsideration filed to the COMELEC en banc. QuickTime and a TIFF (Uncompres sed) decompressor c. The SC has are needed to see thisa majority decision held t hat picture. decided by a division of the COMELEC is a valid decision. 2. As COL LEGIAL BODIES, each commission must act as one, and no one member can decide a c ase for the entire commission. (i.e. The Chairman cannot ratify a decision which would otherwise have been void).

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Service, and is not subject to the CSC jurisdiction. c. If previously government -controlled, but is later privatized, it ceases to fall under CSC. d. Jurisdicti on is determined as of the time of filing the complaint. Appointments to civil s ervice shall be: A. Competitive positions According to merit and fitness to be d etermined by competitive examinations, as far as practicable except to positions which are policy-determining, primarily confidential, or highly technical. auth ority is not bound to appoint the person next in rank. Tenure (Classification of Positions) Career Service Non-Career Service 1. Entrance based 1. Entrance on b ases on merit and fitness OTHER than usual to be determined as tests of merit an d far as practicable by fitness. competitive examinations or based on highly tec hnical qualifications. 2. Entitled to security 2. Tenure limited to: of tenure a ) Period specified by law, b) Coterminous with the appointing authority or subje ct to his pleasure, or c) Limited to the duration of a particular project for wh ich purpose the employment was made. 3. With opportunity for advancement to high er career positions. Security of Tenure: 1. Officers or employees of the Civil S ervice cannot be removed or suspended EXCEPT for cause provided by law. It guara ntees both procedural and substantive due process. 2. For "LEGAL CAUSE" - Cause is: a. related to and affects the administration of office, and b. must be subst antial (directly affects the rights & interests of the public) 3. Security of te nure for Non-competitive positions a. Primarily confidential officers and employ ees hold office only for so long as confidence in them remains. b. If there is G ENUINE loss of confidence, there is no removal, but merely the expiration of the term of office c. Non-career service officers and employees do not enjoy securi ty of tenure. B. Non-competitive positions 1. No need for competitive examinations. 2. 3 kinds a. Policy-determining - formulate a method of action for the government b. Prim arily confidential - more than ordinary confidence; close intimacy insures freed om of intercourse without betrayals of personal trust. c. Highly technical - req uires technical skill to a superior degree. C. The TEST to determine whether non -competitive is the nature of the responsibilities, NOT the administrative or le gislative description given to it. D. Both types of positions are entitled to se curity of tenure. They only differ in the MANNER in which they are filled. E. Wh o may be appointed: 1. RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein. 2. The CSC cannot dis approve an appointment just because another person is better qualified, as long as the appointee is himself qualified. QuickTime and a TIFF (Uncompressed) decomp ressor 3. The CSC CANNOT see this picture. are needed to add qualifications othe r than those provided by law. F. Next-In-Rank Rule While a person next in rank i s entitled to preferential consideration, it does not follow that only he, and n o one else, can be appointed. Such person has no vested right to the position an d the appointing Page 48 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. Political appointees in the foreign service possess tenure coterminous with t hat of the appointing authority or subject to his pleasure. 4. One must be VALID LY APPOINTED to enjoy security of tenure. Thus, one who is not appointed by the proper appointing authority does not acquire security of tenure. Abolition of Of fice To be valid, abolition must be made: 1. In good faith; (good faith is presu med) 2. Not for political or personal reasons; and 3. Not in violation of law. T emporary employees are covered by the following rules: 1. Not protected by secur ity of tenure - can be removed anytime even without cause 2. If they are separat ed, this is considered an expiration of his term. BUT: They can only be removed by the one who appointed them 3. Entitled only to such protection as may be prov ided by law. No officer or employee in the Civil Service shall engage in any ele ctioneering or in partisan political activity 1. Cannot solicit votes in favor o f a particular candidate. 2. Cannot give campaign contributions or distribute ca mpaign materials. 3. BUT: Allowed to express views on political issues, and to m ention the names of the candidates whom he supports. 4. Prohibition does not app ly to department secretaries Right to organize The right to organize does NOT in clude the right to strike Sec. 6-7. DISQUALIFICATIONS Disqualifications: 1. Losi ng candidatesQuickTime election in any and a TIFF (Uncompressed) decompressor a. Cannot be appointed to any office in the are needed to see this picture. governm ent or GOCC s or their subsidiaries b. Period of disqualification: (1) year afte r such election. 2. Elective officials a. Not eligible for appointment or design ation in ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure. b. E XCEPTION: May hold ex officio positions. c. Examples: d. The Vice President may be appointed as a Cabinet member e. A Congressman may sit in the Judicial and Ba r Council f. To be eligible to hold any other office, the elected official must first resign from his office g. Even Congress cannot, by law, authorize the appo intment of an elective official. 3. Appointive officials a. Cannot hold any othe r office or employment in the government, any subdivision, agency, instrumentali ty, including GOCC s and their subsidiaries. b. EXCEPTION: Unless otherwise allo wed by law, or by the primary functions of his position. This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in Art. VII, Sec. 13. Th ey are governed by the stricter prohibitions contained therein. Sec. 8. COMPENSA TION 1. Prohibitions: apply to elected or appointed officers and employees canno t receive: a. Additional compensation: an extra reward given for the same office i.e. bonus b. Double compensation: when an officer is given 2 sets of compensat ion for 2 different offices held concurrently by 1 officer c. Indirect Compensat ion 2. EXCEPTION: Unless specifically authorized by law a. "SPECIFICALLY AUTHORI ZED" means a specific authority particularly directed to the officer or employee concerned. b. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited 3. Cannot accept any present, emolument, o ffice, title of any kind from foreign governments UNLESS with the consent of Con gress. 4. Pensions and gratuities are NOT considered as additional, double, or i ndirect compensation. Page 49 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 THE COMMISSION ON ELECTIONS Sec.1.COMPOSITION/QUALIFICATIONS/TERM Composition: ( 7) 1. 1Chairman and 2. 6 Commissioners Qualifications: 1. Natural-born citizens of the Philippines; 2. At least 35 years old at the time of appointment 3. Holde rs of college degrees; and 4. Not candidates for any elective position in the im mediately preceding elections. 5. Majority of the Commission, including the Chai rman must be: a. Members of the Philippines Bar b. Engaged in the practice of la w for at least 10 years: any activity in or out of court, which requires the appl ication of law, legal procedure, knowledge, training and experience. 6. Appointme nts subject to CA approval Term: st 1. 7 years (1 appointed: Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs) 2. LIMITATION: Single term only: no reappointment allowed 3. Appointment to a vacancy: only for unexpired portion of predecessors term 4. No temporary appointments, or appointments in act ing capacity a. Thus, the President cannot designate an incumbent commissioner a s acting Chairman. b. The choice of temporary chairman falls under the COMELECs d iscretion. Sec. 2. POWERS AND FUNCTIONS Powers: 1. Enforce and administer all la ws and regulations relative to thea conduct of an QuickTime and TIFF (Uncompresse d) decompressor election, plebiscite, see this picture. referendum, are needed t o initiative, and recall. Ex: COMELEC can enjoin construction of public works wi thin 45 days of an election. 2. Exercise: a. Exclusive original jurisdiction ove r all contests relating to the elections, returns, and qualifications of all ele ctive b. Appellate jurisdiction over all contests involving: i. Elective municip al officials decided by trial courts of general jurisdiction ii. Elective barang ay officials decided by trial courts of limited jurisdiction. c. Decisions, fina l orders, or rulings of the Commission on election contests involving elective m unicipal and barangay offices shall be final, executory, and not appealable. Exc eption: Appealable to the SC on questions of law. d. Contempt powers i. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial f unctions. It CANNOT exercise this in connection with its purely executive or min isterial functions. ii. If it is a pre-proclamation controversy, the COMELEC exe rcises quasijudicial/administrative powers. iii. Its jurisdiction over contests (a fter proclamation), is in exercise of its judicial functions. e. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of its appellat e jurisdiction. This is not an inherent power. 3. Decide, except those involving the right to vote, all questions affecting elections, including determination o f the number and location of polling places, appointment of election officials a nd inspectors, and registration of voters. NOTE: Questions involving the right t o vote fall within the jurisdiction of the ordinary courts. 4. Deputize, with th e concurrence of the President, law enforcement agencies and instrumentalities o f the Government, including the Armed Forces of the Philippines, for the exclusi ve purpose of ensuring free, orderly, honest, peaceful, and credible elections. i. ii. iii. Regional, Provincial, and City officials Page 50 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. This power is NOT limited to the election period. b. Applies to both criminal and administrative cases. 5. Registration of political parties, organizations, or coalitions/accreditation of citizens arms of the Commission on Elections. a. T he political parties etc. must present their platform or program of government. b. There should be sufficient publication c. Groups which cannot be registered: i. Religious denominations/sects But not applicable to political parties with re ligious affiliation or which derive their principles from religious beliefs ii. Groups which seek to achieve their goals through violence or unlawful means iii. Groups which refuse to uphold and adhere to the Constitution iv. Groups which a re supported by any foreign government such as financial contributions related t o elections. If accepted, it is an additional ground for the cancellation of the ir registration with the Commission, in addition to other penalties that may be prescribed by law. 6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting elections frauds, offenses and malpractices. a. COMELEC h as exclusive jurisdiction to investigate and prosecute cases for violations of e lection laws. b. COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the actions of the COMELEC c. Preliminary investigation c onducted by COMELEC is QuickTime and a valid TIFF (Uncompressed) decompressor are needed to see this picture. 8. Recommend to the President the removal of any officer or employee it has deputiz ed, or the imposition of any other disciplinary action, for violation or disrega rd of, or disobedience to its directive, order, or decision. 9. Submit to the President and the congress a comprehensive report on the conduc t of each election, plebiscite, initiative, referendum, or recall. Sec. 3. MAKIN G RULES OF PROCEDURE/ DECISIONRules of Procedure 1. COMELEC can sit en banc or in two divisions 2. It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases, including pre-election controversies. Decision-Making 1. Elec tion cases should be heard and decided in division. 2. However, motions for reco nsideration of decisions should be decided by COMELEC en banc. a. Decisions mean r esolutions on substantive issues. b. If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here may be heard by the di vision. c. EXCEPTION: COMELEC en banc may directly assume jurisdiction over a pe tition to correct manifest errors in the tallying of results by Board of Canvass ers. NOTE: In Balajonda v. COMELEC (GR No. 166032), the COMELEC CAN ORDER IMMEDI ATE EXECUTION OF ITS OWN JUDGMENTS. Sec. 4. SUPERVISION/REGULATION OF FRANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS Regulation of franchises 1. What can COMELEC supervise or regulate a. The enjoyment or utilization of all franchises or permits for the operation of transportation and other public util ities, media of communication or information. b. Grants, special privileges or c oncessions granted by the Government or any Page 51 of 125 7. Recommend to the Congress effective measures to minimize election spending, incl uding limitation of places where propaganda materials shall be posted, and to pr event and penalize all forms of election frauds, offenses, malpractices, and nui sance candidacies.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 subdivision, agency or instrumentality thereof, including any GOCC or its subsid iary 2. When can COMELEC exercise this power a. During the election period i. Un der Article XI, Section 9, the election period commences 90 days before the day of the election and ends 30 days thereafter. ii. In special cases, COMELEC can f ix a period. b. Applies not just to elections but also to plebiscites and refere nda. 3. Plebiscite: Submission of constitutional amendments or important legisla tive measures to the people for ratification 4. Referendum: power of the elector ate to approve or reject legislation through an election called for that purpose . COMELEC and the MEDIA 1. COMELEC cannot compel print media to donate free spac e to the COMELEC. It may, however, compel it to provide space after paying just compensation. 2. Power of COMELEC is over franchises and permits, NOT individual s. For example, COMELEC may not regulate media practitioners, for this would vio late the freedom of expression. Sec. 5. No pardon, amnesty, parole, or suspensio n of sentence for violation of election laws, rules, and regulations shall be gr anted by the President without the favorable recommendation of the Commission. P rohibition on block-voting 1. General rule: Block voting NOT allowed 2. EXCEPTIO N: those registered under the party-list system Sec. 8. PARTY LIST SYSTEM No Rig ht to be represented in Various Boards Political parties, organizations, or coal itions registered under the party-list system shall NOT be represented in the fo llowing: 1. Voters registrations boards, 2. Boards of election inspectors, 3. Boa rds of canvassers, or 4. Other similar bodies. Poll Watchers Political parties, etc. are entitled to appoint poll watchers in accordance with law. Sec. 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination. 1. This section does not give candidates immunity from suit . 2. Discrimination includes unequal treatment in the availment of media facilit ies. Sec. 11. FUNDING How provided: 1. Funds certified by the COMELEC as necessa ry to defray the expenses for holding regular and special elections, plebiscites , initiative, referenda and recalls, shall provided in the regular or special ap propriations. 2. Funds should be certified by the COMELEC as necessary. Release of funds Once approved, funds should be released automatically upon certificatio n by the Chairman of COMELEC. Sec. 7. No votes cast in favor of a political part y, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution. Sec. 6. A free and open PARTY SYSTEM Definition of POLITICAL PARTY Organized group of persons pursuing the same political ideals in a government and includes its branches, and divisions. Importance of registrationtoof a political party are ne eded see this picture. 1. Registration confers juridical personality on the part y. 2. It informs the public of the party s existence and ideals. 3. It identifie s the party and its officers for purposes of regulation by the COMELEC. QuickTime and a TIFF (Uncompressed) decompressor Page 52 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 THE COMMISSION ON AUDIT Section1.COMPOSITION/QUALIFICATIONS Composition: 1. Chai rman, and 2. Commissioners (2). Qualifications: 1. Natural-born citizens of the Philippines 2. At least 35 years old at the time of their appointment; 3. Either : a. CPAs with at least 10 years auditing experience; or b. Members of Phil. Bar with 10 years of practice. 4. Members cannot all belong to the same profession. 5. Subject to confirmation of the CA. 6. Must not have been candidates for any e lective position in the elections immediately preceding their appointment. Term: st 1. 7 years (1 appointees) Chairman-7yrs; Commissioner1-5yrs; Commissioner2-3 yrs) 2. LIMITATION: Single terms only; no reappointment allowed 3. Appointments to any vacancy shall only be for the unexpired portion of predecessors term Sec. 2. POWERS 1. Examine, audit, and settle accounts pertaining to: a. Revenue and receipts of funds or property; or b. Expenditures and uses of funds or property Owned or held in trust by, or pertain to: 1. The Government; 2. Any of its subdi visions, agencies or instrumentalities; 3. Including GOCCs with original charters . QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. c. GOCCs and their subsidiaries incorporated under the Corporation Code. d. Non-gove rnmental entities receiving subsidies or equity, directly or indirectly, from or through the government, which are required by law of the granting of institutio n to submit to such audit. 3. If COA finds internal control system of audited ag encies as inadequate, COA may adopt measures, including temporary or special pre -audit, as may be necessary. 4. Keep the general accounts of the government, pre serving vouchers and other supporting papers pertaining thereto. 5. Exclusive au thority to define the scope of COAs audit and examination and to establish the te chniques and methods required therefor. 6. Promulgate accounting and auditing ru les and regulations. a. Including those for the prevention or disallowance of ir regular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and properties. b. Failure to comply with these rules c an be a ground for disapproving the payment of a proposed expenditure. NOTE: 1. The functions of COA can be classified as: a. Examine and audit all forms of gov ernment revenues; b. Examine and audit all forms of govt expenditures c. Settle g ovt accounts d. Promulgate accounting and auditing rules (including those for the prevention of irregularexpenditures). e. To decide administrative cases involvin g expenditures of public funds. 2. COA can settle only LIQUIDATED ACCOUNTS or th ose accounts, which may be adjusted simply by arithmetic process. 3. COA has aut hority not just over accountable officers but also over other officers who perfo rm functions related to accounting such as verification of evaluations and compu tation of fees collectible, and the adoption of internal rules of control. 4. CO A does not have the power to fix the amount of an unfixed or undetermined debt. Page 53 of 125 2. Conduct post-audit with respect to the following: a. Constitutional bodies, c ommissions, and offices granted fiscal autonomy; b. Autonomous state colleges an d universities;

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 5. Where the following requirements are complied with, it becomes the ministeria l duty of the COA to approve and pass in audit vouchers for payment: a. There is a law appropriating funds for a particular purpose; b. There is a contract, mad e by the proper officer, entered into in conformity with the above-mentioned law ; c. The goods or services covered by such contract have been delivered or rende red in pursuance to such contract, as attested by the proper officer; and d. Pay ment has been authorized by officials of the corresponding department or bureau. 6. Prosecutors may still review accounts already settled and approved by COA fo r the purpose of determining possible criminal liability. This is because COAs in terest in such accounts is merely administrative. 7. COA has the power to determ ine the meaning of public bidding and what constitutes failure when regulations re quire public bidding for the sale of government property. Sec. 3. No law shall b e passed exempting any entity of the Government or its subsidiary in any guise w hatever, or any investment of public funds, from the jurisdiction of the Commiss ion on Audit. ARTICLE X: LOCAL GOVERNMENT Sec.1.TERRITORIAL/POLITICAL SUBDIVISIO NS OF THE REPUBLIC OF THE PHILIPPINES ARE THE: Composition: 1. Provinces 2. Citi es; 3. Municipalities; and 4. Barangays There shall be Autonomous regions in: 1. Muslim Mindanao, and 2. Cordilleras [At QuickTime and ait is only the present, T IFF (Uncompressed) decompressor Cordillera ADMINISTRATIVE region] are needed to see this picture. NOTE: 1. A third autonomous region would require a constitutio nal amendment. 2. These political subdivisions, created by the Constitution can be replaced by AMENDMENT, and not by law. 3. While Congress can abolish or eradi cate individual units, it cannot abolish an entire class of LGUs Sec. 2. Local A utonomy 1. All political subdivisions shall enjoy local autonomy 2. This does no t mean that the LGUs are completely free from the central government. a. Judicia ry may still pass on LGU actions b. President may exercise disciplinary power ov er LGU officials. SEC. 3. Congress shall enact a local government code which sha ll provide for a more responsive and accountable local government structure inst ituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualificatio ns, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization an d operation of the local units. Sec.4. PRESIDENTIAL SUPERVISION OF LGUS Supervision of President 1. The President exercises GENERAL supervision over all LGUs 2. The President exercises DIRECT supervision over a. Provinces b. Autonom ous regions and c. Independent cities. 3. This power is limited to ensuring that lower officers exercise their functions in accordance with law. 4. The Presiden t cannot substitute his judgment for that of an LGU official unless the latter i s acting contrary to law. 5. The President may, however, impose administrative s anctions against LGU officials, such as suspension for 120 days, and may even re move them from their posts, in accordance with law. 6. Provinces exercise DIRECT supervision over component cities and municipalities. 7. Cities and municipalit ies exercise DIRECT supervision over component barangays. Sec. 5. EACH LOCAL GOV ERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES Page 54 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC. Limitations on Power 1. It is subje ct to such guidelines and limitations as Congress may provide. See Local Governm ent Code for examples. 2. The guidelines set by Congress should be consistent wi th the basic policy of local autonomy. Accrual of taxes, fees, charges The taxes , fees and charges shall accrue exclusively to the local governments. Sec.6. LGU s SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED BY LAW, WHICH SHALL B E AUTOMATICALLY RELEASED TO THEM. Internal Revenue Allotment (IRA) 1. Share of L GUs in national taxes is limited to the internal revenue taxes. 2. This is relea sed, without need of any further action, directly to the provincial, city, munic ipal or barangay treasurer. Release is made on a quarterly basis within 5 days a fter the end of each quarter. 3. This should not be subject to any lien or holdb ack that may be imposed by the national government for whatever purpose. 4. Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development or infrastructure projects in accordance with local development plan 5. Adjustments in IRA a. Ground: Unmanageable public section deficit b. Preside nt can make the necessary adjustments in the IRA upon the recommendation of the following: i. Department of Finance Secretary ii. DILG Secretary iii. DBM Secret ary 6. IRA is included as part of the income of an LGU for purposes of complianc e with the QuickTime and a TIFF (Uncompressed) decompressor income requirementto forthis picture. are needed see conversion from one political subdivision to the next. (Alvarez v. Guingona) Sec. 7. SHARE OF LGUS IN NATIONAL WEALTH Share of L GUs in national wealth 1. LGUs are entitled to an equitable share in the proceed s of the utilization and development of the national wealth within their respect ive areas in the manner provided by law. 2. This includes sharing the same with the inhabitants by way of direct benefits. Under the LGC: CODE: MR.-FOS LGUs hav e a share of 40% of the gross collection derived by the national government from the preceding fiscal year from 1. Mining taxes 2. Royalties 3. Forestry and fis hery charges 4. Other taxes, fees and charges 5. Share in any co-production, joi nt venture or production sharing agreement in the utilization and development of the national wealth w/in their territorial jurisdiction SEC. 8. TERM OF OFFICE Term of Office Elective local officials, now including barangay officials, have a term of 3 years. Limitations: 1. No elective official shall serve for more tha n 3 consecutive terms 2. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. SEC. 9. SECTORAL REPRESENTATION IN LGUS Legislative bodies of the local governments shall have Sectoral Representation (under the LGC) as may be provided by law There should be representatives from: 1. The womens sector 2. The workers 3. Third sector (can choose from any of the f ollowing) a. Urban poor b. Indigenous cultural communities c. Disabled persons d . Any other sector as may be determined by the sanggunian SEC. 10. Creation, abo lition and division of LGUs 1. Requisites a. Compliance with the requirements of the Local Government Code; and Page 55 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. Approved by a majority of the votes cast in a plebiscite held in the politica l units DIRECTLY affected. 2. Thus, if a province is to be divided into 2 separa te provinces, plebiscite will include voters of the ENTIRE province, and not jus t the area to comprise the new province. 3. LGC requirements relate to matters s uch as POPULATION, REVENUE, and AREA requirements. Sec. 11. Special Metropolitan political subdivisions Creation: 1. Congress may create special metropolitan po litical subdivisions by law. 2. It is subject to a plebiscite Jurisdiction of Me tropolitan authority It is limited to basic services requiring coordination. Bas ic Autonomy of Component Cities and Municipalities The component cities and muni cipalities retain their basic autonomy. They shall be entitled to their own loca l executive and legislative assemblies. SEC. 12. CITIES Classification of Cities : 1. Highly urbanized (as determined by law) 2. Component cities (cities still u nder provincial control); and 3. Independent component cities (non-highly urbani zed cities whose voters are prohibited by the city charter from voting in provin cial elections) Independence from the Province 1. Highly urbanized cities and in dependent component cities are independent of the province. 2. Component cities whose charter contains no such prohibition are still under the control of the pr ovince and its voters may still vote for elective provincial QuickTime and a offi cials. TIFF (Uncompressed) decompressor are needed to see this picture. LGC, Section 33 Consolidation and coordination may be done through appropriate o rdinance wherein a PUBLIC HEARING should be conducted and the approval of the sa nggunian obtained. An LGU can: 1. Contribute funds, real estate, equipment and o ther kinds of property 2. Appoint/assign personnel under such terms and conditio ns as may be agreed upon by the participating LGUs through MEMORANDA OF AGREEMEN T. Sec. 14. REGIONAL DEVELOPMENT COUNCILS Who can provide for RDC The President shall provide for RDC or other similar bodies composed of: Composition 1. Local government officials 2. Regional heads of departments and other government offic es 3. Representatives of NGOS within the regions For Purpose of: 1. Administrati ve decentralization 2. To strengthen local autonomy 3. To accelerate the economi c and social growth and development of the units in the region Sec. 15. AUTONOMO US REGIONS Where: Muslim Mindanao and the Cordillera region Factors: 1. Historic al heritage 2. Cultural heritage 3. Economic and social structures, 4. Other rel evant characteristics within: 5. The framework of the constitution 6. National s overeignty 7. Territorial integrity. Creation: Provided BY LAW. EFFECTIVITY of s uch creation occurs only when it is approved by a majority of the votes cast in a plebiscite held among the constituent units. Only those Provinces, Cities, and Geographical Areas voting favorably in such plebiscite shall form part of the a utonomous region. Page 56 of 125 Sec. 13. Coordination among LGUS Consolidation and Coordination of Efforts, Serv ices and Resources It is optional on the part of LGUs as shown by the use of the word may. It can be done for purposes commonly beneficial to them in accordance w ith the law.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 If only 1 province approved the law, NO AUTONOMOUS REGION is created, since the constitution requires more than one province to constitute one (like what happen ed in the Cordillera plebiscite) The question of which LGUs shall constitute an autonomous region is one which is exclusively for Congress to decide. Sec. 16. G ENERAL SUPERVISION AUTONOMOUS REGIONS By Whom: Purpose: executed. OVER Public of ficers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patrioti sm and justice and lead modest lives. Sec. 2: IMPEACHMENT/REMOVAL FROM OFFICE SE C. 17. All powers, functions and responsibilities not granted by this Constituti on or by law to the autonomous region shall be vested in the National Government . Examples: 1) Foreign relations, 2) National defense and Security 3) Monetary A ffairs Sec. 20. LEGISLATIVE POWERS The Organic Act of Autonomous Region shall pr ovide for legislative powers over: 1. Administrative organization; 2. Creation o f sources of revenues; 3. Ancestral domain and natural resources 4. Personal, fa mily and property relations 5. Regional, urban, and rural planning development; 6. Economic, social, and tourism development; 7. Educational policies; 8. Preser vation and development of the cultural heritage; and 9. Such other matters as ma y be authorized by law for the promotion of the general welfare of the people of the region. Limitations: 1. Subject to the provisions of the Constitution and n ational laws QuickTime and a TIFF (Uncompressed) decompressor 2. To be exercised seewithin its territorial are needed to this picture. jurisdiction PRESERVATION OF PEACE AND Sec. 21. ORDER/DEFENSE AND SECURITY Peace and Order It shall be the responsibility of the local police agencies. Impeachment: (as means of removal from office) 1. Who may be impeached: a. President b. VP c. SC Justices d. Const itutional Commission members e. Ombudsman 2. Grounds (CODE: CT-GOBB) a. Culpable violation of the Constitution b. treason c. graft and corruption d. other high crimes or e. betrayal of public trust f. bribery NOTE: It is an exclusive list. Congress cannot, by law, add to the list of impeachable offenses. These officers cannot be charged in court with offenses that have removal from office as penal ty. BUT AFTER an official has been impeached, he can be charged with the appropr iate offense. Resignation by an impeachable official does not place him beyond t he reach of impeachment proceedings; he can still be impeached. All Other Public Officers and Employees They may be removed from office as provided by law BUT: NOT by impeachment Section 3: PROCEDURE FOR IMPEACHMENT Exclusive Power of House of Representatives The House of Representatives has exclusive power to INITIATE all cases of impeachment. Procedure: 1. Filling of verified complaint. Can be f iled by: Defense and Security It shall be the responsibility government. ARTICLE XI: OFFICERS of the national ACCOUNTABILITY OF PUBLIC Sec. 1: PUBLIC OFFICE AS A PUBLIC TRUST The President To ensure that the laws are faithfully Page 57 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. Any member of the House of Representatives or b. Any citizen upon a resolutio n or endorsement by any Member of the House or c. By at least 1/3 of all the Mem bers of the House of Representatives Inclusion of complaint in the order of busi ness with 10 session days Referral to proper Committee within 3 session days the reafter Submission of Committee report to the House together with corresponding resolution The report should be submitted within 60 days from referral, after he aring, and by a majority vote of ALL its members. Calendaring of resolution for consideration by the House Should be done within 10 session days from receipt th ereof Vote of at least 1/3 of all 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 resolution Sec. 4. SANDIGANBAYAN Sandiganbayan = the anti -graft court People v. Sandiganbayan, February 16, 2005 451 SCRA 413, 2. 3. 4. 5. 6. 7. 8. Ratio: The fact that legislature. in mandating the inclusion of presidents, dire ctors or trustees, or managers of government-owned and controlled corporations wi thin the jurisdiction of the Sandiganbayan, has consistently refrained form maki ng any distinction with respect to the manner of their creation clearly reveals its intention to include such officials of GOCCs with original charters and thos e organized and incorporated under the Corporation Code within the jurisdiction of the Sandiganbayan whenever they are involved in graft and corruption. Sections 5-6, OMBUDSMAN 8-14: OFFICE OF THE NOTE: If the verified complaint or resolution of impeachment was filed by at lea st 1/3 of all the Members of the House, it shall constitute the Articles of Impe achment. Trial in the Senate shall proceed. Trial in the Senate Senate has the s ole power to try and decide all cases of impeachment. For this purpose, the Sena tors shall be under oath or affirmation. When the President of the Philippines i s on trial, the CJ of the Supreme Court presides. However, he/she will not vote. Judgment of Conviction This requires the concurrence of 2/3 of all the Members of the Senate Effect of the Impeachment 1. Removal from office of the official c oncerned QuickTime and a TIFF (Uncompressed) decompressor 2. Disqualification nee dedhold this picture. are to to see any office under the Republic of the Philipp ines 3. Officer still liable to prosecution, trial, and punishment if the impeac hable offense committed also constitutes a felony or crime. Composition: 1. Ombudsman/Tanodbayan 2. Overall deputy - at least one Deputy eac h for Luzon, Visayas and Mindanao. Deputy for military establishment may be appo inted

Qualifications: (Ombudsman and his deputies) 1. Natural born citizen of the Phil ippines 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 candidat e for any elective office in the immediately preceding election 6. For Ombudsman : He must have been for ten years or more a. A judge or b. Engaged in the practi ce of law in the Philippines Disqualifications/Prohibitions (under Article IX, S ection 2) 1. Cannot hold any other office or employment during his tenure 2. Can not engage in the practice of any profession or in the active management or cont rol of any business which may be affected by the functions of his office 3. Cann ot be financially interested, directly or indirectly, in any contract with or in any Page 58 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 franchise or privilege granted by the Government, any of its subdivisions, agenc ies or instrumentalities, including GOCCs or their subsidiaries Appointment: A. Of Ombudsman and deputies 1. 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 2. Appointments do NOT require confirmation 3. All vacancies shall be filled within 3 months after they occur. B. Of other officials and employees of the Office of the Ombudsman 1. By the Ombudsman 2. In accordance with Civil Service Law Term: (Ombudsman and deputies) 1. 7 years with reappointment 2. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office Rank/Salaries: 1. The Ombudsman has the rank of Chai rman of a Constitutional Commission 2. The Members have the rank of members of a Constitutional Commission 3. Their salaries cannot be decreased during their te rm of office. Powers, Functions and Duties of the Office of the Ombudsman 1. Inv estigate on its own, or on complaint by any person, any act or omission of any p ublic official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient. a. Such may be delegated. b. The power to investigate includes the power to impose preventive suspension. But, th is is not a penalty. c. INVESTIGATE does not mean QuickTime and a TIFF (Uncompresse d) decompressor preliminary needed to see this picture. are investigation. d. Th e complaint need not be drawn up in the usual form. e. The ILLEGAL act or omission need not be in connection with the duties of the public officer or employee con cerned. f. ANY illegal act may be investigated by the Ombudsman. In this regard, the Ombudsmans jurisdiction is CONCURRENT with that of the regular prosecutors. 2. Direct, upon complaint or at its own instance, any public official or employe e of the government, or any subdivision, agency or instrumentality thereof, as w ell as of any government-owned or controlled corporation with original charter, to perform and expedite any act of duty required by law, or to stop, prevent, an d correct any abuse or impropriety in the performance of duties. a. The Ombudsma n 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 thereof; or iii. GOCCs with original charters c. The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graft and corruption, even if they are under the Supreme Court. 3. Direct the officer concerned to take the appropriate acti on against a public official or employee at fault, and recommend his removal, su spension, demotion, fine, censure, or prosecution, and ensure compliance therewi th. a. The Ombudsman does NOT himself prosecute cases against public officers or employees. b. Final say to prosecute still rests in the executive department. c . The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute . 3. 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 rel ating to contracts or transactions entered into by his office involving the disb ursement or use of public funds of properties, and report any irregularity to CO A for appropriate action. 4. Request any government agency for assistance and in formation necessary in the discharge of its responsibilities, and to Page 59 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 examine, if necessary, pertinent records and documents. 5. Public matters covere d by its investigation when circumstances so warrant and with due process 6. Det ermine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the government and make recommendations for their elimination and the observa nce of high standards of ethics and efficiency 7. Promulgate its rules of proced ure and exercise such other powers or perform such functions or duties as may be provided by law NOTE: The Office of the Ombudsman also has the duty to act prom ptly on complaints filed in any form or manner against public officials or emplo yees of the government, or any subdivision, agency or instrumentality including GOCCs and their subsidiaries. In appropriate cases, it should notify the complai nants of the action taken and the result thereof. Fiscal Autonomy: The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations should be automatically and regularly released. Section 7: PROCECUTOR OFFICE OF THE SP ECIAL Section 15: RECOVERY OF ILL-GOTTEN WEALTH Prescription, Laches, Estoppel T he right of the State to recover properties unlawfully acquired by public offici als and employees from them or from their nominees or transferees shall NOT be b arred by prescription, laches or estoppel. Their right to prosecute criminally t hese officials and employees may prescribe. Section 16: PROHIBITION FINANCIAL TR ANSACTIONS ON CERTAIN Coverage: This prohibition applies to: 1. President 2. Vice-President 3. Members of the Cabinet 4. Members of Congress 5. Members of Supreme Court 6. Members of Constitutional Commissions Ombudsman 7. Any firm or entity in which they have c ontrolling interest When prohibition applies: during their TENURE. Scope of proh ibition: 1. The above mentioned officials cannot obtain, directly or indirectly for BUSINESS PURPOSES: a. Loans b. Guarantees c. Other forms of financial accomm odation from: i. Government owned or controlled banks; or ii. Government owned o r controlled financial institutions. 2. If the loan, etc, is NOT for business pu rpose, e.g. a housing loan, the prohibition does not apply. Section 17: Statemen ts of assets, liabilities and net worth When submitted: Public officer and emplo yee shall submit a declaration under oath of his assets, liabilities and net wor th upon assumption of office and as often as required under the law. When declar ation shall be disclosed to the public: Page 60 of 125 Under the 1987 Constitution, the existing Tanodbayan became the Office of the Sp ecial Prosecutor Powers It will continue to function and exercise its powers as now or hereafter may be provided by law Exception: Powers conferred on the Offic e of the Ombudsman NOTE: The Office of the Special Prosecutor is subordinate to and acts QuickTime and a orders of the under the TIFF (Uncompressed) decompressor Ombudsman are needed to see this picture. NOTE: According to Jack, the SC was w rong because the ConCom intended that the SP was to prosecute anti-graft cases.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 These declarations shall be disclosed to the public in a manner provided by law in the case of: 1. President 2. Vice-President 3. Members of the Cabinet 4. Memb ers of Congress 5. Justices of the Supreme Court 6. Members of Constitutional Co mmissions 7. Other constitutional offices 8. Officers of the armed forces with g eneral or flag rank Section 18: Allegiance of public officers and employees Alle giance to the State and to the Constitution Change in Citizenship/Immigrant Stat us 1. Incumbent public officers and employees who seek either change in his citi zenship; or to acquire immigrant status in another country shall be dealt with b y law. 2. If Philippine citizenship is one of the qualifications to the office, the loss of such citizenship means the loss of the office by the incumbent. 3. T he Election Code provides the rules with respect to non-incumbents, i.e. persons running for elective offices. 4. The Code provides that permanent residents of or immigrant to a foreign country cannot file certificates of candidacy unless t hey expressly waive their status as such NOTE: This renunciation must be some ot her than, and prior to, the filling of the certificate of candidacy. Re: Report on the On-the-Spot Judicial Audit Conducted in the RTC Branches 45 & 53, Bacolod City*, 467 SCRA 20, August 16, 2005 Ratio: A judges high case load, his being as signed in other salas with also heavy case load, not to mention the fact that he has to traverse long distance by public utility buss and has to attend to some other additional assignments could constitute sufficient justification for his n on-compliance with QuickTime andto decided cases his duty a TIFF (Uncompressed) d ecompressor within the 90-day are needed to see this picture. period as mandated by the Constitution. Chan v. Lantion*, 468 SCRA 37, August 25, 2005 Ratio: The transfer of the branch clerk of court to the office of the Provincial Prosecutor or the difficulty encountered by the legal researcher in studying some material points, heavy work load, and other circumstances allegedly beyond her control d oes not absolve a judge from liability for failure to decide a case within the r eglementary period. ARTICLE XII PATRIMONY NATIONAL ECONOMY AND SEC. 1. GOALS OF THE NATIONAL ECONOMY Three-fold goal: 2. More equitable distribution of opportunities, income and wea lth; 3. Sustained increase in the amount of goods and services produced by the n ation for the benefit of the people; and 4. Expanding productivity, as the key t o raising the quality of life for all. The State shall promote industrialization and full employment 1. It should be based on sound agricultural development and agrarian reform 2. It should be through industries that make full and efficient use of human and natural resources. Industries should also be competitive in bo th domestic and foreign markets. Protection of Filipino enterprises The State sh all protect Filipino enterprises against unfair foreign competition and trade pr actices. Role of Private Enterprises Private enterprises, including corporations , cooperatives, and similar collective organizations, shall be encouraged to bro aden the base of their ownership. Section 2. REGALIAN DOCTRINE Distinction betwe en Imperium and Dominium Imperium: Government authority possessed by the State w hich is appropriately embraced in sovereignty. Dominium: a. The capacity of the State to own and acquire property. b. It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of lands an d other natural resources. Scope: Page 61 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 The following are owned by the State: 1. Lands of the public domain: 2. Waters 3 . Minerals, coals, petroleum, and other mineral oils; 4. All sources of potentia l energy; 5. Fisheries; 6. Forests or timber; 7. Wildlife; 8. Flora and fauna; a nd 9. Other natural resources. Alienation of Natural Resources 1. General Rule: All natural CANNOT be alienated 2. Exception: Agricultural lands scale explorati on etc. of minerals, petroleum, and other mineral oils. These agreements should be in accordance with the general terms and conditions provided by law. They sho uld be based on the real contributions to economic growth and general welfare of the country. In the agreements, the State should promote the development and us e of local scientific and technical resources. The President should notify Congr ess of every contract under this provision within 30 days from its execution. Ma nagement and service contracts are not allowed under this rule. 2. 3. 4. resources 5. Exploration, Development and Utilization of Natural Resources 1. Shall be under the full control and supervision of the State 2. Means a. The state may DIRECTLY UNDERTAKE such activities b. The state may enter into COPRODUCTION, JOINT VENTU RE OR PRODUCTION-SHARING arrangements with Filipino citizen or Corporation or as sociation at least 60% of whose capital is owned by such citizens 3. Limitations : a. Period: It should not exceed 25 years, renewable for not more than 25 years b. Under terms and conditions as may be provided by law. 5. In case of water ri ghts/water supply/fisheries/industrial uses other than the development of water power 6. The beneficial use may be the measure and limit of the grant. Small-sca le Utilization of Natural Resources 1. Congress may, by law, authorize small-sca le utilization of natural resources by Filipino citizens 2. Congress may also au thorize cooperative fish farming with priority given to subsistence QuickTime and a TIFF (Uncompressed) decompressor fishermen andneeded to see this picture. in the rivers, fishworkers are lakes, bays and lagoons. Large-Scale Exploration, De velopment and Utilization of Minerals/Petroleum/Other Mineral Oils 1. The Presid ent may enter into agreements with foreign owned corporations involving technica l or financial assistance for largeProtection of Marine Wealth 1. The State shall protect its marine wealth in its archipelagic waters, territorial sea & EEZ 2. The State shall reserve its use an d enjoyment exclusively to Filipino citizens. Sec. 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO: 1. 2. 3. 4. Agricultural Forest/timber Mineral lands & Nat ional Parks NOTE: 1. Reclassification of PUBLIC (MINERAL AND AGRICULTURAL) lands exclusive p rerogative of the Executive Department through the Office of the President, upon recommendation by the DENR. But as to FOREST AND NATIONAL PARKS, it is the Cong ress which has the sole power to reclassify. 2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that fo rest land is denuded does not mean it is no longer forest land. Alienable lands of public domain 1. Only agricultural lands are alienable. 2. Agricultural lands may be further classified by law according to the uses to which they may be dev oted. Limitations regarding Alienable Lands of the Public Domain 1. For private corporations or associations a. They can only hold alienable lands of the public domain BY LEASE

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Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. Period: Cannot exceed 25 years, renewable for not more than 25 years c. Area: Lease cannot exceed 1,000 hectares NOTE: A corporation sole is treated like oth er private corporations for the purpose of acquiring public lands. 2. For Filipi no citizens a. Can lease up to 500 hectares b. Can ACQUIRE not more than 12 hect ares by purchase, homestead or grant Means by Which Lands of the Public Domain B ecome Private Land 1. Acquired from government by purchase or grant; 2. Uninterr upted possession by the occupant and his predecessors-in-interest since time imm emorial; and 3. Open, exclusive, and undisputed possession of ALIENABLE (agricul tural) public land for a period of 30 years. a. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicia l or other sanction. b. Possession since time immemorial leads to the presumptio n that the land was never part of public domain. c. In computing 30 years, start from when land was converted to alienable land, not when it was still forest la nd d. Presumption is always that land belongs to the State. Sec. 4. Congress sha ll, as soon as possible, determine by law, the specific limits of forest lands a nd national parks, marking clearly their boundaries on the ground. Thereafter, s uch forest lands and national parks shall be conserved and may not be increased or diminished, except by law. Congress shall provide measures to prohibit loggin g in endangered forest and Watershed areas for such period as it may determine. Sec. 5. ANCESTRAL LANDS QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. 2. In determining ownership and extent of ancestral domain, Congress may use cus tomary laws on property rights and relations. 3. ANCESTRAL DOMAIN a. It refers to lands which are considered as pertaining to a cultural region b. This includes l ands not yet occupied, such as deep forests. Section 7. PRIVATE LANDS General ru le 1. Private lands CAN only be transferred or conveyed to: a. Filipino citizens b. Corporations or associations incorporated in the Philippines, at least 60% o f whose capital is owned by Filipino citizens Exceptions i. In intestate success ion, where an alien heir of a Filipino is the transferee of private land. ii. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE LAND, subject to limitation provided by law. Henc e, land can be used only for residential purposes. In this case, he only acquire s derivative title. iii. Foreign states may acquire land but only for embassy an d staff residence purposes. 3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring the land does n ot deprive ownership. 4. Restriction against aliens only applies to acquisition of ownership. Therefore: a. Aliens may be lessees or usufructuaries of private l ands b. Aliens may be mortgagees of land, as long as they do not obtain possessi on thereof and do not bid in the foreclosure sale. 5. Land tenure is not indispe nsable to the free exercise of religious profession and worship. A religious cor poration controlled by nonFilipinos cannot acquire and own land, even for religi ous purposes. Remedies to recover private disqualified aliens: 1. Escheat procee dings lands from Protection of Indigenous Cultural Communities 1. The State protects the rights o f indigenous cultural communities to their ancestral lands a. Subject to Constit utional provisions b. Subject to national development policies and programs Page 63 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Action for reversion under the Public Land Act 3. An action by the former Fil ipino owner to recover the land a. The former in pari delicto principle has been abandoned b. Alien still has the title (didnt pass it on to one who is qualified ) J.G. Summit Holdings v. Court of Appeals, 450 SCRA 169, January 31, 2005 Ratio : The prohibition under Section 7, Article XII of the Constitution applies only to ownership of land it does not extend to immovable or real property as defined in Article 415 of the Civil Code The agreement of co-shareholders to mutually g rant the right of first refusal to each other, by itself, does not constitute a violation of the provisions of the Constitution limiting land ownership to Filip inos and Filipino Corporations. If the foreign shareholdings of a landholding co rporation exceeds 40%, it is not the foreign stockholders ownership of the shares which is adversely affected but the capacity of the corporation to own land tha t is, the corporation becomes disqualified to own land. Section 10. NATIONAL PAT RIMONY/INVESTMENTS ECONOMY AND 2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGUs Public utility 1. In order to be cons idered as a public utility, and thus subject to this provision, the undertaking must involve dealing directly with the public. 2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee merely constructs the utility, and it leases the same to the government. It is the government which operates t he public utility (operation separate from ownership). To whom granted: 1. Filip ino citizens or 2. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens. Terms and conditi ons: 1. Duration: Not more than 50 years 2. Franchise is NOT exclusive in charac ter 3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal by Congress when the common good so requires. Power of Congress 1. Congress, upon the recommendation of NEDA, can reserve to F ilipino citizens or to corporations or associations at least 60% of whose capita l is owned by such citizens, or such higher percentage as Congress may prescribe , certain areas of investment. This may be done when the national interest dicta tes. 2. Congress shall also enact measures to encourage the formation and operat ion of enterprises whose capital is wholly owned by Filipinos. National Economy and Patrimony In the grant of rights, privileges a QuickTime and and concessions TIFF (Uncompressed) decompressor covering the national economy and patrimony, th e are needed to see this picture. State shall give preference to QUALIFIED Filip inos. Sec. 11. FRANCHISES FOR PUBLIC UTILITIES Power to grant: 1. Congress may d irectly grant a legislative franchise; or Participation of Foreign Investors 1. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their pr oportionate share in its capital. 2. Foreigners cannot be appointed as the execu tive and managing officers because these positions are reserved for Filipino cit izens. Sec.16.FORMATION/ORGANIZATION/ REGULATION OF CORPORATIONS 1. Private corp orations Congress can only provide for the formation, etc of private corporation s through a general law. 2. GOCCs They may be created by: a. Special charters in the interest of the common good and subject to the test of economic viability. b . By incorporation under the general corporation law. Page 64 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT 1. Temporary takeover or direction of operations: a. Conditions i. National emergency and ii. When the public interest requires b. May be used against privately owned public utilitie s or businesses affected with public interest. c. Duration of the takeover: peri od of emergency d. Takeover is subject to reasonable terms and conditons e. No n eed for just compensation because it is only temporary. 2. Nationalization of vi tal industries: a. Exercised in the interest of national welfare or defense b. I nvolves either: i. Establishment and operation of vital industries; or ii. Trans fer to public ownership, upon payment of just compensation, public utilities and other private enterprises to be operated by the government. Section 19. MONOPOL IES transferees, with certain legal restrictions; and 4. Alien heirs as transfer ees in case of intestate succession. Filipino citizens only (natural persons) *B ut Congress may, by law, otherwise prescribe 1. Filipino citizens; or 2. Corpora tions incorporated in RP, and 100% Filipino owned 1. Filipino citizens; or 2. Co rporations incorporated in RP, and 70% Filipino owned 1. Filipino citizens; or 2 . Corporations incorporated in RP, and 60% Filipino owned EXCEPT: Schools establ ished by religious groups and mission boards. Congress may, by law, increase Fil ipino requirements for ALL educational institutions Congress may, by law, reserv e to Filipino citizens or to corporations 60% Filipino owned (or even higher) ce rtain investment areas. Practice of ALL professions Mass media Advertising Educational Institution Other economic activities 1. The Constitution does NOT prohibit the existence of monopolies. 2. The State may either regulate or prohibit monopolies, when public interest so requires. 3. Combinations in restraint of trade or unfair competition are prohibited. Filipi no citizenship or equity requirements: ACTIVITY CITIZENSHIP AND/OR EQUITY REQUIR EMENTS Exploitation of natural 1. Filipino citizens; or resources 2. Corporation s incorporated in RP, with 60% Filipino ownership QuickTime and a Operation of Pu blic TIFF (Uncompressed) decompressor 1. Filipino citizens; or are needed to see this picture. Utilities 2. Corporations incorporated in RP, with 60% Filipino o wnership Acquisition of alienable 1. Filipino citizens; or lands of the public 2 . Corporations domain incorporated in RP, with 60% Filipino ownership 3. Former natural-born citizens of RP, as ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS Social Justice 1. Social justice in the Constitution is principally the embodiment of the principle that those who have less in life should have more in law. 2. The 1987 Constitution advances bey ond what was in previous Constitutions in that it seeks not only economic social justice but also political social justice. Principal activities in order to ach ieve social justice 1. Creation of more economic opportunities and more wealth; and 2. Closer regulation of the acquisition, ownership, use and disposition of p roperty in Page 65 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 order to achieve a more equitable distribution of wealth and political power. La bor Section 3 of Article XIII elaborates on the provision in Article II by speci fying who are protected by the Constitution, what rights are guaranteed, and wha t positive measures the state should take in order to enhance the welfare of lab or. Right to organize and to hold peaceful concerted activities The right to org anize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors. T he workers have a right to hold peaceful concerted activities except the right t o strike, which is subject to limitation by law. Right to participate in the dec ision making process of employers The workers have the right to participate on m atters affecting their rights and benefits, as may be provided by law. This partic ipation can be through 1. collective bargaining agreements, 2. grievance machine ries, 3. voluntary modes of settling disputes, and 4. conciliation proceedings m ediated by government. Agrarian Reform Goals: Agrarian reform must aim at 1. eff icient production, 2. a more equitable distribution of land which recognizes the right of farmers and regular farmworkers who are landless to own the land they till, and 3. a just share of other or seasonal farmworkers in the fruits of the land. CARL as an exercise of police power and power of eminent domain: To the ex tent that the law prescribes retention limits for landowners, there is an exerci se of police power. But where it becomes necessary to deprive owners of their la nd in excess of the maximum allowed, there is compensable taking and therefore t he exercise of eminent domain. Reach of agrarian reform to see this picture. are needed It extends not only to private agricultural lands, but also to other natu ral resources, even including the use and enjoyment of communal marine and fishing resources and offshore fishing grounds. The Commission on Human Rights Composition : 1. Chairman; and QuickTime and a TIFF (Uncompressed) decompressor 2. 4 members Qualifications: 1. Natural-born citizens of the Philippines; 2. Maj ority of the Commission must be members of the Philippine Bar; 3. Term of office , other qualifications and disabilities shall be provided by law; 4. The appoint ment of the CHR members is NOT subject to CA confirmation; and 5. The CHR is not of the same level as the COMELEC, CSC, or COA. Powers: 1. INVESTIGATE all forms of human rights violations involving civil or political rights a. Violations ma y be committed by public officers or by civilians or rebels. b. CHR cannot inves tigate violations of social rights. c. CHR has NO adjudicatory powers over cases involving human rights violations. d. They cannot investigate cases where no ri ghts are violated. e. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction therefrom is NOT a human rights violation. 2 . ADOPT operational guidelines and rules of procedure. 3. CITE FOR CONTEMPT for violations of its rules, in accordance with the Rules of Court. 4. PROVIDE APPRO PRIATE LEGAL MEASURES for the protection of the human rights of all persons, wit hin the Philippines, as well as Filipinos residing abroad, and provide for preve ntive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. a. CHR can INITIATE COURT PROCEEDINGS on behalf of victims of human rights violations. b. They can RECOMMEND THE PROSECUT ION of human rights violators, but it cannot itself prosecute these cases. c. BU T: The CHR CANNOT ISSUE RESTRAINING ORDERS OR INJUNCTIONS against alleged human rights violators. These must be obtained from the regular courts. 5. EXERCISE VI SITORIAL POWERS over jails, prisons and other detention facilities. 6. ESTABLISH CONTINUING PROGRAMS FOR RESEARCH, education and information Page 66 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 in order to enhance respect for the primacy of human rights. RECOMMEND TO CONGRE SS EFFECTIVE MEASURES to promote human rights and to provide compensation to vic tims of human rights violations or their families. MONITOR COMPLIANCE BY THE GOV ERNMENT with international treaty obligations on human rights. GRANT IMMUNITY FR OM PROSECUTION to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any CHR inv estigation. REQUEST ASSISTANCE from any department, bureau, office, or agency in the performance of its functions. APPOINT ITS OFFICERS and employers in accorda nce with law. Perform such OTHER FUNCTIONS AND DUTIES as may be provided for by law. medical school by requiring the applicants to take the NMAT. Free Education 1. The State shall maintain a system of free education in: a. Elementary level, and b. High school level. 2. Elementary education is compulsory for all childre n of school age. However, this is a moral rather than a legal compulsion. Educat ional Institutions: I. Filipinization 1. Ownership: a. Filipino citizens, or b. Corporations incorporated in RP and 60% Filipino-owned. EXCEPT: Schools establis hed by religious groups and mission boards. c. Congress may increase Filipino eq uity requirements in ALL educational institutions. 2. Control and Administration : a. Must be vested in Filipino citizens b. Refers to line positions, such as Pr esident, Dean, Principal, and Trustees c. Faculty members may be foreigners. 3. Student Population: GENERAL RULE: Cannot establish school exclusively for aliens . Aliens can only comprise up to 1/3 of total enrollment. EXCEPTIONS: Schools es tablished for foreign diplomatic personnel and their dependents, and unless othe rwise provided for by law for other foreign temporary residents. II. Tax Exempti ons 1. Non-stock, non-profit educational institutions: a. All revenues and asset s actually, directly and exclusively used for educational purposes are exempt fr om taxes and duties. b. This is self-executory. 2. Proprietary educational insti tutions, including cooperatives: a. Entitled to exemptions as may be provided by law, including restrictions on dividends and re-investment b. Requires an enabl ing statute c. Grants, endowments, donations and contributions actually, directl y and exclusively used for educational purposes are exempt from taxes, subject t o conditions prescribed by law. Page 67 of 125 7. 8. 9. 10. 11. 12. ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS Educa tion Goals of the State: The State shall promote and protect: 1. The right to qu ality education at all levels; 2. The right to affordable and accessible educati on; and 3. Education that is relevant to the needs of people and society. Right to Education and Academic Freedom The right to education must be read in conjunc tion with the academic freedom of schools to require fair, reasonable, and equita ble admission requirements. Power to Dismiss Students 1. Schools have the power t o dismiss students, after due process, for disciplinary reasons. 2. Acts committ ed outside the school may also be a ground for disciplinary action if: a. It inv olves violations of school policies connected to school-sponsored activities; or QuickTime and a TIFF (Uncompressed) decompressor b. The misconducttoaffects the students are needed see this picture. status, or the good name or reputation of t he school. Regulation of Right to Education The right to education in particular fields may be regulated by the State in the exercise of its police power, e.g. the State may limit the right to enter

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 III. Academic Freedom 1. Educational Institutions Schools have the freedom to de termine: a. Who may teach, b. What may be taught, c. How it shall be taught, and d. Who may be admitted to study 2. Faculty members a. Full freedom in research and in the publication of the results, subject to the adequate performance of th eir other academic duties. b. Freedom in the classroom in discussing their subje cts, but they should be careful not to introduce into their teaching controversi al matter which has no relation to their subjects. c. When faculty members speak or write in their capacity as citizens, then they are free from institutional c ensorship or discipline. 3. Students They have the right to enjoy in school the guarantees of the Bill of Rights. 4. Limitations a. Dominant police power of the State b. Social interest of the community 5. Budgetary Priority: Education must be assigned the highest budgetary priority. BUT: This command is not absolute. Congress is free to determine what should be given budgetary priority in order t o enable it to respond to the imperatives of national interest and for the attai nment of other state policies or objectives. Religious Education in Public Schoo ls Religion may be taught in public schools subject to the following requisites: QuickTime and a TIFF (Uncompressed) decompressor 1. Express writtenneeded to see by parents and are option this picture. guardians; 2. Taught within regular clas s hours; 3. Instructors are designated and approved by the proper religious auth orities; and 4. WITHOUT ADDITIONAL COST TO THE GOVERNMENT. Section 6. Language N ational language: Filipino Official Languages: Filipino, and unless otherwise pr ovided by law, English. Regional languages are auxiliary to the official languag es. Spanish and Arabic are promoted only on an optional and voluntary basis. ARTICLE XVI - GENERAL PROVISIONS Sections 1-2. Symbols of Nationality 1. FLAG a. Red, white, and blue. b. With a sun and 3 stars c. The design may be changed co nstitutional amendment. 2. Congress may, by law, adopt a new: A. NAME FOR THE CO UNTRY, b. NATIONAL ANTHEM, or C. NATIONAL SEAL. by NOTE: Law will take effect upon ratification by the people in a NATIONAL REFEREN DUM. Section 3. State Immunity Suability of State 1. The State cannot be sued wi thout its consent. 2. When considered a suit against the State a. The Republic i s sued by name; b. Suits against an un-incorporated government agency; c. Suit i s against a government official, but is such that ultimate liability shall devol ve on the government i. When a public officer acts in bad faith, or beyond the s cope of his authority, he can be held personally liable for damages. ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad fa ith, he is not personally liable, and the suit is really one against the State. 3. This rule applies not only in favor of the Philippines but also in favor of f oreign states. 4. The rule likewise prohibits a person from filing for interplea der, with the State as one of the defendants being compelled to interplead. Page 68 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Consent to be sued I. Express consent: 1. The law expressly grants the authority to sue the State or any of its agencies. 2. Examples: a. A law creating a gover nment body expressly providing that such body may sue or be sued. b. Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special agent. II. Implied consent: 1. The State enters into a private contract . The contract must be entered into by the proper officer and within the scope o f his authority. UNLESS: The contract is merely incidental to the performance of a governmental function. 2. The State enters into an operation that is essentia lly a business operation. a. UNLESS: The operation is incidental to the performa nce of a governmental function (e.g. arrastre services) b. Thus, when the State conducts business operations through a GOCC, the latter can generally be sued, e ven if its charter contains no express sue or be sued clause. NOTE: difference bet ween: i. Jure Gestionis - by right of economic or business relation =may be sued ii. Jure Imperii - by right of sovereign power, in the exercise of sovereign fu nctions.= no implied consent; cannot be sued. 3. Suit against an incorporated go vernment agency. 4. This is becauseQuickTime and a they generally conduct TIFF (U ncompressed) decompressor proprietary businessseeoperations and have are needed to this picture. charters, which grant them a separate juridical personality. 5. The State files suit against a private party. 6. UNLESS: The suit is entered in to only to resist a claim. Garnishment of government funds: GENERAL RULE: Not al lowed. Whether the money is deposited by way of general or special deposit, they remain government funds and are not subject to garnishment. EXCEPTION: Where a law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation, then the money can be garnished. Consent to be sued is n ot equivalent to consent to liability: 1. The Fact that the State consented to b eing sued does not mean that the State will ultimately be held liable. 2. Even i f the case is decided against the State, an award cannot be satisfied by writs o f execution or garnishment against public funds. Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation made by law. Rule s regarding payment of Interests Government in Money Judgments against it: by GENERAL RULE: Government cannot be made to pay interests; EXCEPTIONS: 1. Eminent domain; 2. Erroneous collection of taxes; or 3. Where government agrees to pay interest pursuant to law. Section 4. THE ARMED FORCES OF THE PHILIPPINES Composi tion: A citizen armed force Prohibitions and disqualifications: 1. Military men cannot engage, directly or indirectly, in any partisan political activity, excep t to vote. 2. Members of the AFP in active service cannot be appointed to a civi lian position in the government, including GOCCs or their subsidiaries. The Chie f of Staff: GENERAL RULE: Tour of duty: Not to exceed three years EXCEPTION: In times of war or other national emergency as declared by Congress, the President may extend such tour of duty. ARTICLE XVII- AMENDMENTS OR REVISIONS DEFINITIONS: Page 69 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 AMENDMENT: an alteration of one or a few specific provisions of the Constitution . Its main purpose is to improve specific provisions of the Constitution. The ch anges brought about by amendments will not affect the other provisions of the Co nstitution. REVISION: An examination of the entire Constitution to determine how and to what extent it should be altered. A revision implies substantive change, affecting the Constitution as a whole. Constituent power 1. The power to formul ate a Constitution or to propose amendments to or revisions of the Constitution and to ratify such proposal 2. It is exercised by Congress (by special constitut ional conferment), by a Constitutional Convention or Commission, by the people t hrough initiative and referendum, and ultimately, by the sovereign electorate 3. The exercise of constituent power does not need the approval of the Chief Execu tive Legislative power 1. The power to pass, repeal or amend ordinary laws or st atutes (as opposed to organic law) 2. It is an ordinary power of Congress and of the people, also through initiative and referendum. a. How a Constitutional Con vention may be called i. Congress may call a ConCon by a 2/3 vote of all its mem bers; or ii. By a majority vote of all its members, Congress may submit to the e lectorate the question of whether to call a ConCon or not. b. Choice of which co nstituent assembly (either Congress or ConCon) should initiate amendments and re visions is left to the discretion of Congress. In other words, it is a political question. c. BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has provided for voting requirements. d. If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the de tails for the calling of such ConCon, Congress - exercising its ordinary legisla tive power - may supply such details. But in so doing, Congress (as legislature) should not transgress the resolution of Congress acting as a constituent assemb ly. e. Congress, as a constituent assembly and the ConCon have no power to appro priate money for their expenses. Money may be spent from the treasury only pursu ant to an appropriation made by law. 3. Peoples Initiative a. Petition to propose such amendments must be signed be at least 12% of ALL registered voters. b. Eve ry legislative district represented by at least 3% of the registered voters ther ein. c. Limitation: It cannot be exercised more often than once every 5 years De fensor-Santiago v. COMELEC, G.R. 127325 Requires implementing legislation: The S upreme Court held that RA 6735, the Initiative and Referendum law is insufficien t. Therefore, amendment by initiative and referendum must still await a valid la w. NOTE: 1. While the substance of the proposals made by each type of constituen t assembly is not subject to judicial review, the manner the proposals are made is subject to judicial review. 2. Since these constituent assemblies owe their Page 70 of 125 the exercise of legislative power ordinarily needs the approval of the Chief Exe cutive, except when done by people through initiative and referendum. Three (3) steps necessary to give effect to amendments and revisions: 1. Proposa l of amendments or revisions by the proper constituent assembly; 2. Submission o f the proposed amendments or revisions; and 3. Ratification. Proposal of amendme nts: QuickTime and a Amendments may be proposed decompressor by: TIFF (Uncompressed) a re needed to a this picture. 1. Congress, acting as see constituent assembly, by a 3/4 vote of all its members. a. The power of Congress to propose amendments i s NOT part of its ordinary legislative power. b. The only reason Congress can ex ercise such power is that the Constitution has granted it such power. 2. Constit utional Convention:

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 existence to the Constitution, the courts may determine whether the assembly has acted in accordance with the Constitution. 3. Examples of justiciable issues: a . Whether a proposal was approved by the required number of votes in Congress (a cting as a constituent assembly). b. Whether the approved proposals were properl y submitted to the people for ratification. Proposal of Revisions By Congress, u pon a vote of 3/4 of its members By a constitutional convention Ratification Ame ndments and revisions proposed by Congress and/or by a ConCon: Valid when ratifi ed by a MAJORITY of votes cast in a plebiscite. Plebiscite is held not earlier t han 60 days nor later than 90 days from the approval of such amendments or revis ions. Amendments proposed by the people via initiative: Valid when ratified by a MAJORITY of votes cast in a plebiscite. Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition s sufficiency. Requisites of a valid ratification: 1. Held in a plebiscite conduc ted under the election law; 2. Supervised by the COMELEC; and 3. Where only fran chised voters (registered) voters take part. Issues regarding ratification: The Constitution does not require that amendments and revisions be submitted to the people in a special election. Thus, they may be submitted for ratification simul taneously with a general election. The determination of the conditions under whi ch proposed amendments/revisions are submitted to the QuickTime and a TIFF (Uncom pressed) decompressor people falls within theare needed to see this picture. Tha t legislative sphere. Congress could have done better does not make the steps ta ken unconstitutional. All the proposed amendments/revisions made by the constitu ent assemblies must be submitted for ratification in one single plebiscite. Ther e cannot be a piece-meal ratification of amendments/revisions. Presidential proc lamation is NOT required for effectivity of amendments/revisions, UNLESS the pro posed amendments/revisions so provide. ARTICLE XVIII - TRANSITORY PROVISIONS Effectivity of the 1987 Constitution The 1987 Constitution took effect immediate ly upon its ratification. According to the SC, this took place on February 2, 19 87, which was the day the Page 71 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PUBLIC INTERNATIONAL LAW THE NATURE OF INTERNATIONAL LAW International Law Set o f rules and principles that governs the relationships between States and other i nternational actors which under Modern International Law includes International Organizations, Transnational Corporations and Individuals. Distinction between a subject and object of international law 1. Subject - An entity that has rights and responsibilities under international law; it can be a proper party in transa ctions involving the application of international law among members of the inter national community. 2. Object - A person or thing in respect of which rights are held and obligations assumed by the subject; it is not directly governed by the rules of international law; its rights are received, and its responsibilities i mposed, indirectly through the instrumentality of an international agency. NOTE: Given the trend in International Law today, with the birth of the ICC and Arbit ration Courts, the line between a Subject and Object of International is increas ingly being blurred. Divisions of International Law 1. Laws Of Peace- governs th e normal relations of States 2. Laws Of War - rules during periods of hostility 3. Laws Of Neutrality- rules governing States not involved in the hostilities SO URCES OF INTERNATIONAL LAW Article 38 of the Statute of the International Court of Justice (ICJ). 1. Primary QuickTime and a a. Treaty TIFF international convent ions / (Uncompressed) decompressor are needed to see this picture. Generally, a treaty only binds the parties. However, treaties may be considered a direct sour ce of Int l law when concluded by a sizable no. of States, and is reflective of the will of the family of nations (in which case, a treaty is evidence of custom ). b. Custom General and consistent practice of states followed by them from a s ense of legal obligation. 2 Elements: i. State Practice a consistent and uniform external conduct of States. Generally, both what states say and what they do ar e considered state practice. Opinio Juris - State practice must be accompanied w ith the conviction that the State is legally obligated to do so by int l law, an d not through mere courtesy or comity, or because of humanitarian considerations . ii. c. General Principles Of Law - Principles common to most national systems of law; r ules based on natural justice. Ex. good faith, estoppel, exhaustion of local rem edies 2. Secondary a. Judicial Decisions - a subsidiary means for the determination of rules of law (e.g., determining what rules of customary IL exist) that is accep table so long as they correctly interpret and apply int l law. NOTE: Even decisi ons of national courts, when applying int l law, are acceptable. Ex. Principles on diplomatic immunity have been developed by judgments of national courts. b. T eachings Of The Most Highly Qualified Publicists -- The word Publicist means learned writer. Learned writings, like judicial decisions, can be evidence of c ustomary law, and can also play a subsidiary role in developing new rules of law . Requisites for Highly Qualified Publicist 1. Fair and impartial representation of law. 2. By an acknowledged authority in the field. Q: What is INSTANT CUST OM? A: Customary law may emerge even within a relatively short period of time, i f within that period, State Practice has been uniform and extensive. It comes ab out as a spontaneous activity of a great number of states supporting a specific line of action. Page 72 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 TREATIES A treaty is an International Agreement in written form concluded betwee n States that may be embodied in one or more instrument, and is governed by Inte rnational Law. (Art. 2, Vienna Convention on the Law of Treaties). Q: If not in writing, is it still considered a treaty? A: Yes. Oral agreements between States are recognized as treaties under customary international law (but are extremely rare nowadays). 1. Difference between Treaty and Executive Agreement TREATY EXE CUTIVE AGREEMENT S [CODE: PCI] [CODE: TAAI] U 1. Political Issues 1. Have Transi tory B 2. Changes in effectivityAdjustment National Policy J of details carrying E 3. Involve out well-established international C national policies and arrange ments T traditions of a permanent 3. Arrangements of character M temporary natur e A 4. Implementation of T treaties, statutes, T well-established E policies R R a t i f i c a t i o n While the Constitution vests the power to NEGOTIATE treat ies with the President, such must be RATIFIED by the 2/3 of the Senate to become valid and effective (Art.7, Sec 21) Do not need to be ratified by the Senate b. Rebus Sic Stantibus - A party is not bound to perform a treaty if there has bee n a fundamental change of circumstances since the treaty was concluded. i. Descr ibed as the exception to the rule of pacta sunt servanda. ii. justifies the nonperformance of a treaty obligation if the subsequent condition in relation to wh ich the parties contracted has changed so materially and unexpectedly as to crea te a situation in which the exaction of performance would be unreasonable. iii. Rebus sic stantibus may not be invoked as a ground for terminating or withdrawin g from a treaty: a. if the treaty establishes a boundary b. if the fundamental change is the result of a breach by the party invoking it of an obligation unde r the treaty or of any other obligation owed to any other party to the treaty. c . Jus Cogens - a rule which has the status of a preemptory (i.e., absolute, unco mpromising) norm of international law where no derogation may be permitted. Elem ents: i. a norm accepted and recognized ii. by the int l community of States as a whole iii. as a norm from which no derogation is permitted. iv. It can only be modified by a subsequent norm having the same character. If a treaty, at the ti me of its conclusion, conflicts with jus cogens, it is void. Examples: 1. prohib ition against the unlawful use of force; 2. prohibition against piracy, genocide , and slavery Steps in treaty-making process: 1. Negotiation; 2. Signature; 3. R atification; 4. Exchange of Instruments of Ratification; 5. Registration with UN . Reservation A unilateral statement made by a State when signing, ratifying, ac cepting, approving or acceding to a treaty, Page 73 of 125 are of see this picture. 2. Principal Rules needed toInternational Connection to Treaties QuickTime and a TIFF (Uncompressed) decompressor Law in a. Pacta Sunt Servanda All parties to a Treaty must comply with their Treaty Obl igation in Good Faith. NOTE: A state can avoid PERFORMANCE if the treaty obligat ion collides with its Constitution, but it CANNOT escape LIABILITY it may incur as a result of such non-performance.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 whereby it purports to exclude or to modify the legal effects of certain provisi ons of the treaty in their application to that State. Invalidity of treaties: Gr ounds 1. Error of fact 2. Fraud 3. Corruption 4. Duress 5. Jus cogens Terminatio n Of Treaty 1. Expiration of term; 2. Accomplishment of purpose; 3. Impossibilit y of performance; 4. Loss of subject matter; 5. Novation; 6. Desistance of parti es; 7. Extinction of one of parties, if treaty is bipartite; 8. Occurrence of vi tal change of circumstances; 9. Outbreak of war; and 10. Voidance of treaty. Suc cession to treaties: the Clean Slate rule When one state ceases to exist and is su cceeded by another on the same territory, the newly independent state is not bou nd to maintain in force, or become a party to, any treaty although it may agree to be bound by treaties made by its predecessor. INTERNATIONAL LAW AND MUNICIPAL LAW Effect of Municipal Law in International Law 2 Theories: 1. Dualism domesti c and international law are independent of each other, as they regulate differen t subject matters. IL regulates the relations of sovereign states, while municip al law regulates the internal affairs of a state. Thus, no conflict can ever ari se between international and municipal law, because the two systems are mutually QuickTime and a exclusive. TIFF (Uncompressed) decompressor a state, it is If IL is applied within are needed to see this picture. only because it has been expr essly incorporated by municipal law. The Philippines is a dualist state. 2. Moni sm Monists have a unitary concept of law and see all law including both internat ional and municipal law as an integral part of the same system. If conflict exis ts between international law and municipal law, international law must prevail. Germany is a monist state. 2 Views: 1. Doctine Of Incorporation - rules of inter national law form part of the law of the land and no further legislative action is needed to make such rules applicable in the domestic sphere. a. Such is recog nized in art. 2, sec. 2, as the Philippines "adopts the generally accepted princ iples of international law as part of the law of the land." b. Rules of internat ional law are given equal standing with, but are not superior to, national legis lative enactments. Thus, the Constitution, as the highest law of the land, may i nvalidate a treaty in conflict with it. (Secretary of Justice v. Hon. Lantion an d Mark Jimenez, Jan. 18, 2000) 2. Doctrine Of Transformation - the generally acc epted rules of int l law are not per se binding upon the State but must first be embodied in legislation enacted by the lawmaking body and so transformed into m unicipal law. Only when so transformed will they become binding upon the State a s part of its municipal law. In case of conflict between international law and d omestic law: 1. International rule: Before an international tribunal, a state ma y not plead its own law as an excuse for failure to comply with international la w. The state must modify its laws to ensure fulfillment of its obligations under the treaty, unless the constitutional violation is manifest and concerns a rule of internal law of fundamental importance. 2. Municipal rule: When the conflict comes before a domestic court, domestic courts are bound to apply the local law . Should a conflict arise between an international agreement and the Constitutio n, the treaty would not be valid and operative as domestic law. It does not, how ever, lose its character as international law. SUBJECTS OF INTERNATIONAL LAW Sta te Elements of a state: Art. 1, Montevideo Convention: 1. a permanent population ; 2. a defined territory; 3. government; Page 74 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. capacity to enter into relations with other States Distinctions Between Sover eignty And Independence 1. SOVEREIGNTY is the broader term. It refers to the sup reme and uncontrollable power inherent in the State by which such State is gover ned. It has 2 aspects: a. INTERNAL- freedom of the State to manage its own affai rs. b. EXTERNAL- freedom of the State to direct its foreign affairs. 2. INDEPEND ENCE is synonymous with external sovereignty. It is defined as the power of a St ate to manage its external affairs without direction or interference from anothe r State. Principles Of State Succession 1. State Succession is the substitution of one State by another, the latter taking over the rights and some of the oblig ations of the former. 2. 2 types of State Succession: a. Universal- takes place when a State is completely annexed by another, or is dismembered or dissolved, o r is created as a result of merger of 2 or more States. b. Partial - takes place when a portion of the territory of a State loses part of its sovereignty by joi ning a confederation or becoming a protectorate or suzerainty. 3. Effects of Sta te Succession a. The allegiance of the inhabitants of the predecessor State is t ransferred to the successor State. b. The political laws of the predecessor Stat e are automatically abrogated but the non-political laws are deemed continued un less expressly repealed or QuickTime and a TIFF to the institutions contrary (Unc ompressed) decompressor of the new are needed to see this picture. sovereign. c. The public property of the predecessor State is acquired by the successor State but not the tort liability of the former. d. Treaties entered into by the prede cessor State are not considered binding on the successor State except those deal ing with local rights and duties such as servitudes and boundaries. Succession O f Government 1. In succession of government, the integrity of the original State is not affected as what takes place is only a change in one of its elements, th e government. 2. Effects of a change in government: a. If effected by peaceful m eans, the new government inherits all rights and obligations of the old governme nt. b. If effected by violence, the new government inherits all the rights of th e old government. However, the new government may reject the obligations of the old government if they are of a political complexion. If the obligations are the consequence of the routinary act of administration of the old government, they should be respected. Territory 1. Methods used in defining the territorial sea 2 . Normal baseline method Under this method, the territorial sea is drawn from th e low-water mark of the coast to the breadth claimed, following its sinuosities and curvatures but excluding the internal waters in bays and gulfs. 3. Straight baseline method Straight lines are made to connect appropriate points on the coa st without departing radically from its general direction. The waters inside the lines are considered internal. 4. Some modes of acquisition: a. Cession It is a derivative mode of acquisition by which territory belonging to one state is tra nsferred to the sovereignty of another state in accordance with an agreement bet ween them. b. Subjugation It is a derivative mode of acquisition by which the te rritory of one state is conquered in the course of war and thereafter annexed an d placed under sovereignty of the conquering state. c. Prescription It is a deri vative mode of acquisition by which territory belonging to one state is transfer red to the sovereignty of another state by reason of the adverse and uninterrupt ed possession thereof by the latter for a sufficiently long period of time. Page 75 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RIGHT OF LEGATION 1. It is the right of a state to maintain diplomatic relations with other states. 2. Types: a. Active- right to send diplomatic representative s b. Passive- right to receive diplomatic representatives Functions of Diplomati c Missions: representing sending state in receiving state; protecting in receivi ng state interests of sending state and its nationals; negotiating with governme nt of receiving state; promoting friendly relations between sending and receivin g states and developing their economic, cultural, and scientific relations; asce rtaining by all lawful means conditions and developments in receiving state and reporting thereon to government of sending state; and in some cases, representin g friendly governments at their request. Diplomatic and Consular immunity 1. per sonal inviolability 2. immunity of embassy and legation buildings 3. right of pr otection 4. extraterritoriality- exemption from local jurisdiction on the basis of international custom 5. exemption from taxes and personal services 6. inviola bility of means of communication 7. Diplomatic bag- immune from search PRINCIPLE S OF JURISDICTION OF STATES 1. 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 con duct within its territory. QuickTime and a (Uncompressed) 2. NationalityTIFFprinc iple:decompressor state has Every are needed to see this picture. jurisdiction o ver its nationals even when those nationals are outside the state. 3. Protective principle: A state may exercise jurisdiction over conduct outside its territory that threatens its security, as long as that conduct is generally recognized as criminal by the states in the international community. 4. Universality principl e: Recognizes that certain offenses are so heinous and so widely condemned that any state, if it captures the offender, may prosecute and punish that person on behalf of the world community regardless of the nationality of the offender or v ictim or where the crime was committed. 5. Passive personality principle: A stat e may apply law particularly criminal law to an act committed outside its territ ory by a person not its national where the victim of the act was its national. T his principle has not been ordinarily accepted for ordinary torts or crimes, but is increasingly accepted as applied to terrorist and other organized attacks on a states nationals by reason of their nationality, or to assassination of a stat es diplomatic representatives of other officials. Some Incomplete Subjects Of Int ernational Law 1. PROTECTORATES dependent states which have control over their i nternal affairs but whose external affairs are controlled by another state. 2. F EDERAL STATE union of previously autonomous entities. The central organ will hav e personality in international law, but the extent of the international personal ity of the component entities can be a problem. 3. MANDATED AND TRUST TERRITORIE S territories placed by the League of Nations under one or other of the victorio us allies of WWI. STATE RESPONSIBILITY 1. It is the doctrine which holds a state responsible for a ny injury sustained by an alien within its jurisdiction. Because of an internati onal wrong imputable to it, the state will be responsible if it is shown that it participated in the act or omission complained of or was remiss in redressing t he resultant wrong. 2. Elements of State Responsibility a, breach of an internat ional obligation b, attributability 3. Types of State responsibility a, Direct r esponsibility-attaches to the state if the wrongful act/omission was effected th rough any of its superior organs acting on its behalf Page 76 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b, Indirect responsibility- Acts of the following are attributable to the state: i, state organs ii, other persons exercising elements of governmental authority in the absence or default of the official authorities and in circumstances call ing for the exercise of those elements of authority iii, insurrectional or other movement which becomes the new government 4. Conditions for the enforcement of the doctrine of state responsibility a, The injured alien must first exhaust all local remedies b, He must be represented in the int l Claim for damages by his own state (ordinarily, individuals have no standing to bring a claim before inte rnational law). SETTLEMENT OF DISPUTES AMICABLE METHODS 1. NEGOTIATION- discussi on by the parties of their respective claims and counterclaims with a view to th e just and orderly adjustment. 2. INQUIRY - an investigation of the points in qu estion with the view that this will contribute to the solution of the problem 3. GOOD OFFICES - method by which a 3rd party attempts to bring the disputing stat es together in order that they may be able to discuss the issues in contention. 4. MEDIATION- 3rd party actively participates in the discussion in order to reco ncile the conflicting claims. Suggestions of mediator are merely persuasive 5. C ONCILIATION- 3rd party also actively participates in order to settle the conflic t. Suggestions of conciliator are also not binding. As distinguished from mediat ion, the services of the conciliator were solicited by the parties in dispute. 6 . ARBITRATION- process by which the QuickTime and a solution ofTIFF (Uncompressed ) decompressor a dispute is entrusted to an are needed to see this picture. impa rtial tribunal usually created by the parties themselves under a charter known a s the compromis. The proceedings are essentially judicial and the award is, by p revious agreement, binding on the parties HOSTILE/NON-AMICABLE METHODS 1. RETORS ION - is a lawful act which is designed to injure the wrongdoing State. Page 77 of 125 Ex.: cutting off economic aid (this is lawful because there is no legal obligati on to provide economic aid). 2. REPRISAL - an act which would normally be illega l but which is rendered legal by a prior illegal act committed by the State agai nst which the reprisal is directed; it is a form of retaliation against the prio r illegal act. 3. Reprisals may be used only when other means of redress (e.g. p rotests and warnings) have failed. 4. SEVERANCE (OF DIPLOMATIC RELATIONS)- One c ountry cuts of all diplomatic ties with another, as a sign of protest/hostility. 5. NAVAL BLOCKADE- Blocking the ports of a country with naval forces. 6. EMBARG O- Preventing the ingress to and egress from a country of commercial and other g oods; refusal by a state to undertake commercial transactions with another state . SPECIAL TOPICS Extradition 1. EXTRADITION is the surrender of a person by one state to another state where he is wanted for prosecution or, if already convict ed, for punishment. 2. Basis of Extradition: a treaty. Outside of treaty, there is no rule in international law compelling a State to extradite anyone. Such may be done, however, as a gesture of comity. 3. Principles: a. Principle of Specia lty - 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 extraditab le offenses in the treaty. b. Under the Political offense exception, most extrad ition treaties provide that political and religious offenders are not subject to extradition. Attentant Clause- assassination of head of state or any member of his family is not regarded as political offense for purposes of extradition. Als o for the crime of genocide. c. There can only be extradition if there is a trea ty between the states.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. PROCEDURE FOR EXTRADITION: (Judicial and diplomatic process of request and su rrender) PD 1069 a. Request through diplomatic representative with: b. DFA forwa rds request to DOJ c. DOJ files petition for extradition with RTC, d. RTC issues summons or warrant of arrest to compel the appearance of the individual; e. hea ring (provide counsel de officio if necessary) f. appeal to CA within 10 days wh ose decision shall be final and executory; g. decision forwarded to DFA through the DOJ; h. Individual placed at the disposal of the authorities of requesting s tate-costs and expenses t be shouldered by requesting state. Q: The Philippines entered into an extradition treaty with another country which provided that it w ould apply crimes committed before its effectivity. The country asked the Philip pines to extradite X for a crime committed before the effectivity of the treaty. X argued the extradition would violate the prohibition against ex post facto la ws. Is he right? A: No. The constitutional prohibition applies to penal laws onl y. The extradition treaty is not a penal law. (Wright v. CA, 235 SCRA 341) SECRE TARY OF JUSTICE V. HON. LANTION AND MARK JIMENEZ (G.R. # 139465, Oct. 17, 2000, overturning the Courts previous decision in 322 SCRA 160 dated Jan. 18, 2000) By virtue of an extradition treaty between the US and the Philippines, the US reque sted for the extradition of Mark Jimenez for violations of US tax and election l aws. Pending evaluation of the extradition documents by the Philippine governmen t, Jimenez requested for copies of the US extradition QuickTime and a TIFF (Unco mpressed) decompressor request. The Secetary of Justice denied that request. are needed to see this picture. by the Bill of Rights. The process of extradition does not involve the determina tion of the guilt or innocence of an accused. His guilt or innocence will be adj udged in the court of the state where he will be extradited. There is NO depriva tion of the right to due process. Dissent (original decision): Under the extradi tion treaty, the prospective extraditee may be provisionally arrested pending th e submission of the request. Because of this possible consequence, the evaluatio n process is akin to an administrative agency conducting an investigative procee ding, and partakes of the nature of a criminal investigation. Thus, the basic du e process rights of notice and hearing are indispensable. Assuming that the extr adition treaty does not allow for such rights, the Constitutional right to proce dural due process must override treaty obligations. When there is a conflict bet ween international law obligations and the Constitution, the Constitution must p revail. United Nations Organs 1. GENERAL ASSEMBLY Composition: All members of th e UN (as of 1996: 185 member States) Function: The GA may discuss any question o r matter within the scope of the Charter or relating to the powers and functions of any other organ. It is also vested with jurisdiction over matters concerning internal machinery and operations of the UN. 2. SECURITY COUNCIL Composition: 1 5 members: a. 5 Permanent Members (China, France, UK, US, Russia) b. 10 non-perm anent: elected for 2 year terms by the General Assembly. Function: the maintenan ce of international peace and security. Q: What is the "double veto"? A: In all non-procedural matters, each permanent member is given a veto - a Security Cou ncil decision is ineffective if even one permanent member votes against it. The veto does not ordinarily apply to Procedural matters. However, a permanent membe r may exercise a double veto when it vetoes any attempt to treat a question as procedural, and then proceed to veto any draft resolution dealing with that que stion. 1. SECRETARIAT - CHIEF ADMINISTRATIVE ORGAN OF THE UN 2. ECONOMIC AND SOC IAL COUNCIL - organ charged with promoting social progress and better standards of life in larger freedom Page 78 of 125 ISSUE: During the evaluation stage of the extradition proceedings, is private re spondent entitled to the two basic due process rights of notice and hearing? HEL D: Private respondent is bereft of the right to notice and hearing during the ev aluation stage of the extradition process. Extradition is a proceeding sui gener is. It is not a criminal proceeding which will call into operation all the right s of an accused guaranteed

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. TRUSTEESHIP COUNCIL - organ charged with administration of Int l Trusteeship System. 4. INTERNATIONAL COURT OF JUSTICE - judicial organ of the UN. functions. In the Philippines, immunity is claimed by request of the foreign state for end orsement by the Department of Foreign Affairs. The determination by the executiv e department is considered a political question that is conclusive upon Philippi ne Courts. International Contracts Usually, agreements between States and foreig n corporations contain stipulations as to which national legal system governs th e contract. Occasionally, however, in case of powerful multinational companies, such contracts are placed not under any single system of municipal law, but unde r international law, general principles of law, or the provisions of the contrac t itself. The reason for concluding these so-called internationalized contracts is to establish a balance between the parties and prevent the State party from e vading its obligations under the contract by changing its own internal law. This is mostly secured by an arbitration clause referring disputes under the agreeme nt to an international body. The international court of justice 1. "Optional Cla use" of the ICJ: As a rule, the ICJ can operate only on the basis of the consent of States to its jurisdiction. Such may take the form of a special agreement be tween States to submit an existing dispute before the Court (i.e. compromis). Ho wever, under the optional clause (art. 36(2), ICJ Statute), a State may declar e in advance that they recognize the jurisdiction of the Court as compulsory ips o facto and without need of special agreement, in relation to any other State ac cepting the same obligation, in all legal disputes concerning: a. the interpreta tion of a treaty; b. any question of international law c. existence of any fact which, if established, would constitute breach of international obligation; and d. nature or extent of reparation to be made for breach of international obligat ion. 2. STARE DECISIS does not apply to the ICJ. Under the statute of the Court, previous decisions have no binding force; in practice, however, the Court alway s takes past decisions into account. Use Of Force 1. Under Article 2(4) of the UN Charter, all member States are boun d to refrain from the threat or use of force against the territorial integrity o r political independence of a State. Recognized exceptions: a) self-defense b) m ilitary action taken or authorized by the UN or competent Regional organizations (such as NATO).- collective self- defense 2. Requirement of proportionality in the use of force 3. Aggression- as used in international law means the use of ar med force by a state against the sovereignty, territorial integrity or political independence of another state, or in army other manner inconsistent with the ch arter of the UN. Types: direct indirect- ideological agression Calvo Clause It i s a provision inserted in contracts, in which the foreigner agrees in advance no t to seek the diplomatic protection of his national State. In general, Internati onal Courts have disregarded such clauses, as the right to diplomatic protection is a right which belongs to a State, and waiver from an individual does not bin d his State. State Immunity (Jure Imperii And Jure Gestionis) Originally, under customary international law the doctrine of absolute state immunity applied, cov ering all areas of State activity and recognizing only very narrow exceptions. N owadays, the rule is to adopt a doctrine of QuickTime and a TIFF that is, immunit y decompressor qualified immunity -- (Uncompressed) this picture. is granted to are needed to see foreign States only in respect of their governmental acts (act s jure imperii), not in respect of their commercial acts (acts jure gestionis). Diplomatic Immunity Diplomatic Immunity is a principle of customary internationa l law that grants immunity to diplomatic representatives, in order to uphold the ir dignity as representatives of their respective states and to allow them free and unhampered exercise of their Page 79 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Q: What does it mean to decide a case EX AEQUO ET BONO? A: It is to rule in just ice and fairness -- equity overrides all other rules of law. The ICJ has no powe r to decide a case ex aequo et bono, unless all parties agree thereto [art. 38(2 ), ICJ Statute]. Q: Who has standing before the ICJ? A: Only States may be parti es in contentious proceedings before the ICJ (art 34, ICJ Statute). Outer Space 1. The exploration and use of outer space, including the moon and other celestia l bodies, shall be carried out for the benefit and in the interests of all count ries, irrespective of their degree of economic or scientific development, and sh all be the province of all mankind. 2. Outer space, including the moon and other celestial bodies, shall be free from exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with intern ational law, and there shall be free access to all areas of celestial bodies. 3. Outer space, including the moon and other celestial bodies, is not subject to n ational appropriation by claim of sovereignty, by means of use or occupation, or by any other means. 4. Astronauts are envoys of mankind in outer space, and sta tes party to the Treaty on the Exploration and Use of Outer Space shall render t o them all possible assistance in the event of accident, distress, or emergency landing on the territory of another State party or on the high seas. When astron auts make such a landing, they shall be safely and promptly returned to the Stat e of registry on their space vehicle. WAR Armed contention between public forces of states or other belligerent communities implying employment o QuickTime and a TIFF force between parties(Uncompressed) decompressor parties for of force betw een are needed to see this picture. purpose of imposing their respective demands upon each other. BASIC PRINCIPLES OF WAR: 1. Principle of Military Necessity- b elligerents may employ any amount and kind of force to compel complete submissio n of enemy with least possible loss of lives, time, and money. 2. Principle of H umanity- prohibits use of any measure that is not absolutely necessary for purpo ses of war; and 3. principle of Chivalry- basis of such rules as those that requ ire belligerents to give proper warning before launching a bombardment or prohib it use of perfidy (treachery) in conduct of hostilities. RIGHTS OF PRISONERS OF WAR 1. to be treated humanely; 2. not subject to torture; 3. allowed to communic ate with their families 4. receive food, clothing religious articles, medicine; 5. bare minimum of information; 6. keep personal belongings 7. proper burial; 8. group according to nationality; 9. establishment of an informed bureau; 10. rep atriation for sick and wounded (1949 Geneva Convention) Page 80 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 11. LAW ON HUMAN RIGHTS UNIVERSAL DECLARATION OF HUMAN RIGHTS What is the Univer sal Declaration of Human Rights (UDHR)? The UDHR is the basic international stat ement of the inalienable and inviolable rights of human beings. It is the first comprehensive international human rights instrument. What are the rights covered by the UDHR? The UDHR proclaims two broad category of rights: (a) civil and pol itical rights; and (b) economic, social, and cultural rights. Are these rights s ubject to limitations? Yes, the exercise of these rights and freedoms may be sub ject to certain limitations, which must be determined by law, only for the purpo se of securing due recognition and respect for the rights of others and of the m eeting the just requirements of morality, public order and the general welfare i n a democratic society. Rights may not be exercised contrary to the purposes and principles of the UN. (Article 29 of the UDHR) International Covenant on Econom ic, Social, and Cultural Rights ( ICESCR) What are the rights guaranteed by the Covenant? 1. Right of self-determination (Art. 1) 2. Right to work and accompany ing rights thereto (Arts. 6, 7, 8) 3. Right to Social Security and other social rights (Arts. 9& 10) 4. Adequate standard of living (Art. 11 (1)) including: (a) right to adequate housing (Art. 11 (1)); (b) right to adequate food (Art. 11 (1 ). 11 (2)); (c) Right to adequate clothing (Art. 11 (1) 5. Right to health (Art. 12) 6. Right to education (Arts. 13 &14) 7. Cultural rights (Art. 15) TIFF (Uncompressed) decompressor What are the States-parties obligations under th e are needed to see this picture. Covenant? 1. Specific Obligations under Articl e 2 To take steps ti the maximum available resources, towards the progressive re alization of the rights in the covenant; Non-discrimination- states guarantee th e exercise of the rights without discrimination (Art. 2 [2]). QuickTime and a 2. Three General duties/ obligations of states: Just like the ICCPR and other hu man rights conventions, ESCR imposes three different types of obligations: a. To respect- requires to refrain from interfering with enjoyment of rights. Thus, t here is violation if it engages in forced eviction; b. To protect- requires stat es to prevent violations by third parties. Thus, failure to ensure compliance by private employers with basic labor standards violates the right to work; c. To fulfill- requires states to take appropriate measures (legislative, judicial etc .) towards the full realization of the rights. Thus, the states failure to provid e essential primary health care to the needy amounts to a violation. International Covenant on Civil and Political Rights (ICCPR) What are some of th e civil and political rights recognized under the ICCPR? 1. Right of the peoples to self-determination (art. 1) 2. Right to an effective remedy (art. 2) 3. Equa l rights of men and women in the enjoyment of civil and political rights/ nopndi scrimination on the basis of sex (Art. 3) 4. Right to life (art. 6) 5. Freedom f rom torture or cruel, inhuman or degrading punishment (art. 7) 6. Freedom from s lavery (art. 8) 7. Right to liberty and security of person (art. 9) 8. Right to be treated with humanity in cases of deprivation of liberty (art. 10) 9. Freedom from imprisonment for failure to fulfill a contractual obligation (art. 11) 10. Freedom of movement and the right to travel (art. 12) 11. Right to a fair, impa rtial and public trial (art. 14) 12. Freedom from ex post fact laws (art. 15) 13 . Right of recognition everywhere as a person before the law (art. 16) 14. Right to privacy (art. 17) 15. Freedom of thought, conscience, and religion (art. 18) 16. Freedom of expression (art. 19) 17. Freedom of peaceful assembly (art. 21) 18. Freedom of association (art. 22) 19. Right to marry and found a family (art. 23) Page 81 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 20. Right of a child to protection, a name and nationality (art. 24) 21. Right t o participation, suffrage, and access to public service (art. 25) 22. Right to e qual protection before the law (art. 26) 23. Right of minorities to enjoy their own culture, to profess and prtactice their religion and to use their own langua ge. When can a State Party derogate from the ICCPR? A state party to the ICCPR m ay derogate from the treaty in time of oublic emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Pa rties to the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their ob ligations under international law and do not involve discrimination solely on th e ground of race, colour, sex, language, religion or social origin. (Art. 4 (1), ICCPR) What are the Non-derogable rights under the ICCPR? Even in times of natio nal emergency, no derogation can be made from the following: 1. Right to life (a rt. 6) 2. Freedom from torture or cruel, inhuman or degrading punishment (art. 7 ) 3. Freedom from slavery (art. 8) 4. Freedom from imprisonment for failure to f ulfill a contractual obligation (art. 11) 5. Freedom from ex post fact laws (art . 15) 6. Right of recognition everywhere as a person before the law (art. 16) 7. Freedom of thought, conscience, and religion (art. 18) (Art. 4 (2), ICCPR) Conv ention on the Elimination of All Forms of Discrimination against Women (CEDAW) W hat does discrimination against women cover? QuickTime and a TIFF (Uncompressed) decompressor Art. 1 defines Discrimination against Women as any are needed to se e this picture. distinction, exclusion, or restriction made of the basis of sex which has the effect or purpose or impairing or nullifying the recognition, enjo yment or exercise by women, irrespective or their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the polit ical, economic, social cultural, civil, or any other field. What are the State O bligations of State-Parties under CEDAW? Arts. 2- 16 enumerate the Obligations o f StateParties I. Legal Measures (de jure) 1. embody principle of equality of me n and women in the national constitution and other apprpriate laws (art. 2[a]) 2 . adopt apprpriate legislative and other measures prohibiting all discrimination against women, which includes legislation to modify, abolish, or repeal discrim inatory laws, regulations, customs, and practices (art. 2 [b]. [f] and [g]) 3. a dopt appropriate legislation to ensure full development and advancement of women , for the purpose of guaranteeing exercise and enjoyment of Human Rights on the basis of equality with men (art. 3) 4. adopt appropriate legislation to suppress all forms of traffic in women and exploitation and prostitution of women. (Art. 6) II. Administrative Measures (de facto) 1. refrain from any act or practice w hich is discriminatory against women (includes public authorities and institutio ns) (art. 2 [d]) 2. adopt temporary special measures to address de fact inequali ty of men and women (art. 4 [1]) 3. modify the social and cultural patterns of c onduct of men and women to eliminate practices based on the idea of inferiority. Superiority of either men or women (art. 5 [a]) 4. educate family as to proper social function of maternity and common responsibility in rearing children (art. 5 [b]) What are some Civil and Political Rights under CEDAW, which are unique t o women? 1. Guarantee of civil and political rights 2. right to acquire, change, and retain nationality- not prejudiced by marriage to a foreigner (art. 9 [1]) 3. equal rights with men as regards nationality of children (art. 9 [2]) 4. equa l rights with men as regards freedom of movement and choice of domicile/ residen ce (art. 15 [4]) What are some Economic, Social and Cultural Rights under CEDAW which are unique to women? 1. Guarantee of Economic, Social and Cultural rights Page 82 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. equal rights with men as regards education (Art. 10) elimination of stereotyp ed concept of roles of man and women through coeducation, revision of textbooks, programmes and teaching methods; reduction of female student dropouts; and acce ss to information on health and well-being of families, including advice of fami ly planning. 3. equal rights with men as regards employment (art. 11) 4. prohibi tion against dismissals due to marriage, pregnancy or maternity leave; 5. promot ion of child-care facilities; special protection to pregnant women as regards ty pe of work. 6. equal access with men as regards health services, right to servic es in connection with pregnancy, adequate nutrition during pregnancy and lactati on and confinement and the post natal period (art. 12) 7. right to enter into ma rriage, to freely choose a spouse and to enter into marriage only with free and full consent; 8. equal rights and responsibilities as parents, to freely decide number of children and access to information and education to be able to exercis e these rights. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Page 83 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ADMINISTRATIVE LAW Sources of power of administrative agencies: charter or statu te constitution Powers of Administrative Agencies As to their nature: 1. Quasi-l egislative power / Power of subordinate legislation 2. Quasi-judicial power/Powe r of adjudication 3. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers) 4. Investigatory power (although some authors include th is as part of quasijudicial power, De Leon is of the opinion that it is separate and distinct, not merely incidental) Note: the failure to exercise such powers granted to them does not forfeit or extinguish them As to the degree of subjecti ve choice: 1. Discretionary- the power or right conferred upon them by law to ac t officially under the circumstances, according to the dictates of their own jud gment/conscience 2. Ministerial- nothing is left to discretion; a duty performed in response to what has been imposed by law Definition of "QUASI-LEGISLATIVE PO WER" It is the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a la w and implement legislative policy. Distinctions between Quasi-legislative power and legislative power 1. LEGISLATIVE power involves the discretion to determine what the law QuickTime and a TIFF (Uncompressed) decompressor shall be. QUASI-le gislative power only are needed to see this picture. involves the discretion to determine how the law shall be enforced. 2. LEGISLATIVE power CANNOT be delegate d. QUASI-legislative power CAN be delegated. Tests of Delegation (applies to the power to promulgate administrative regulations) 1. COMPLETENESS test. This mean s that the law must be complete in all its terms and conditions when it leaves t he legislature so that when it reaches the delegate, it will have nothing to do but to enforce it. 2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the limits of the delegates authority, announce the legislati ve policy and specify the conditions under which it is to be implemented. NOTE: These two must CONCUR. If one or both are absent, any delegation that occurs is UNDUE DELEGATION of legislative powers. Exceptions to the rule requiring standar ds or guides handling of state property or funds when the law does not involve p ersonal or property rights matters of internal administration power of the board to make recommendation matters involving privileges (like use of property, enga ging in profession) regulation or exercise of police power to protect general we lfare, morals and public policy Limitations on the exercise of quasilegislative power 1. it must be within the limits of the powers granted to Administrative ag encies 2. cannot make rules or regulations which are inconsistent with the provi sions of the Constitution or statute 3. cannot defeat/ derogate the purpose of t he statute 4. may not amend, alter, modify, supplant, enlarge, or limit the term s of the statute 5. a rule or regulation must be uniform in operation, reasonabl e and not unfair or discriminatory Definition of QUASI-JUDICIAL POWER It is the po wer of administrative authorities to make determinations of facts in the perform ance of their official duties and to apply the law as they construe it to the fa cts so found. .It partakes of the judicial, but is exercised by a person other t han a judge. Determinative Powers [DEEDS] 1. ENABLING powers Page 84 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Those that PERMIT the doing of an act which the law undertakes to regulate and w ould be unlawful without government approval. Ex. Issuance of licenses to engage in a particular business 2. DIRECTING powers Those that involve the corrective powers of public utility commissions, powers of assessment under the revenue law s, reparations under public utility laws, and awards under workmens compensation laws, and powers of abstract determination such as definitionvaluation, classifi cation and fact finding 3. DISPENSING powers Exemplified by the authority to exe mpt from or relax a general prohibition, or authority to relieve from an affirma tive duty. Its difference from licensing power is that dispensing power sanction s a deviation from a standard. 4. SUMMARY powers Those that apply compulsion or force against person or property to effectuate a legal purpose without a judicia l warrant authorizing such action; usually without notice and hearing. Ex. Abate ment of nuisance, summary restraint, levy of property of delinquent taxpayers 5. EQUITABLE powers Those that pertain to the power to determine the law upon a pa rticular state of facts. It refers to the right to, and must, consider and make proper application of the rules of equity. Ex. Power to appoint a receiver, powe r to issue injunctions Definition of INVESTIGATORY POWER The power to inspect, sec ure, or require the disclosure of information by means of accounts, records, rep orts, statements and testimony of witnesses. Administrative agencies do not have the inherent power to require the attendance of witnesses but has the power to require the production of books, etc. The exertion if not expressly provided for by law must be done QuickTime and a TIFF (Uncompressed) decompressor through jud icial process. are needed to see this picture. Neither do they have the inherent power to punish a person who fails to appear before them for contempt in the ab sence of any statutory provision granting the same. Kinds of Administrative Regu lations DISTINC TIONS 1. Capacity that administrati ve agency is acting in 2. Wh at administrati ve agency is doing 3. Force and effect LEGISLATIVE Legislative I NTERPRE TATIVE Judicial It supplements the statute by filling in the details Legislative regulations hav e the force and effect of law immediately upon going into effect. Such is accord ed by the courts or by express provision of statute. It says what the statute means Merely persuasive/ Received by the courts with mu ch respect but not accorded with finality Requisites of a Valid Administrative Regulation 1. Its promulgation must be auth orized by the legislature. 2. It must be within the scope of the authority given by the legislature. 3. It must be promulgated in accordance with the prescribed procedure. 4. It must be reasonable. Need for Previous Notice and Hearing 1. Ge neral Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing. 2. Exceptions: a. When the legislature itself requires it an d mandates that the regulation shall be based on certain facts as determined at an appropriate investigation. b. And, if the regulation is in effect a settlemen t of a controversy between specific parties, it is considered an administrative adjudication, requiring notice and hearing. Page 85 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Prescribing of Rates It can be either: 1. LEGISLATIVE If the rules/rates are mea nt to apply to all enterprises of a given kind throughout the country, prior not ice and hearing is NOT required. 2. QUASI-JUDICIAL If the rules and rates impose d apply exclusively to a particular party, based upon a finding of fact, prior n otice and hearing is REQUIRED. Requirement of Publication Administrative Regulat ions that MUST be published: 1. Administrative regulations of GENERAL applicatio n. 2. Administrative regulations which are PENAL in nature. 3. When the law spec ifically requires notice and hearing Administrative regulations that DO NOT NEED to be published: 1. INTERPRETATIVE regulations 2. INTERNAL RULES AND REGULATION S governing the personnel of the administrative agency. 3. Letters of instructio n issued by administrative superiors concerning guidelines to be followed by the ir subordinates. (Tanada v. Tuvera) Special Requisites of a Valid Administrative Regulation with a PENAL sanction 1. The law itself must make violation of the a dministrative regulation punishable. 2. The law itself must impose and specify t he penalty for the violation of the regulation. 3. The regulation must be publis hed. Requisites for Proper Exercise of QuasiQuickTime and a TIFF (Uncompressed) d ecompressor Judicial Power are needed to see this picture. 1. Jurisdiction 2. Du e process 1. The right to a hearing, which includes the right to present ones cas e and submit evidence in support thereof. 2. The tribunal must consider the evid ence presented. 3. The decision must be based on facts and law. 4. The evidence must be substantial. 5. The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected. 6. The tribunal or body or any of its judges must act on its or his o wn independent consideration of the law and facts of the controversy and not sim ply accept the views of a subordinate in arriving at a decision. 7. The board or body should, in all controversial questions, render its decision in such a mann er that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered. NOTE: The rule requiring an admin 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. When an a dmin agency acts as a collegiate body, its power and duties CANNOT be exercised by the members individually. Exceptions to the Notice and Hearing Requirement: 1 . Urgency of immediate action 2. Tentativeness of the administrative action 3. R ight was previously offered but not claimed 4. Summary abatement of a nuisance p er se 5. Preventive suspension of a public servant facing administrative charges 6. Padlocking of filthy restaurants/theaters showing obscene movies 7. Cancella tion of a passport of a person sought for criminal prosecution 8. Summary procee dings of levy upon properties of a delinquent taxpayer 9. Replacement of a tempo rary or acting appointee Doctrine REVIEW of RIPENESS FOR JUDICIAL Requirements of Procedural Due Process in Administrative Proceedings Page 86 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. This determines the point at which courts may review admin action. 2. Applica tion: a. when the interest of the plaintiff is subjected to or imminently threat ened with substantial injury b. if the statute is self-executory c. when a party is immediately confronted with the problem of complying or violating a statute and there is a risk of criminal penalties d. when plaintiff is harmed by the vag ueness of the statute Questions Reviewable on Judicial Review: 1. Questions of F ACT General Rule: Courts will not disturb the findings of administrative agencie s acting within the parameters of their own competence. Exception: If such findi ngs are NOT supported by substantial evidence. By reason of their special knowle dge, expertise, and experience, the courts ordinarily accord respect if not fina lity to factual findings of administrative tribunals. 2. Questions of LAW Admini strative decision may be appealed to the courts independently of legislative per mission. It may be appealed even against legislative prohibition because the jud iciary cannot be deprived of its inherent power to review all decisions on quest ions of law. Enforcement of admin determinations/ decisions Must be in accordanc e with the manner prescribed by the statute. Or, if there is no provision, resor t to the courts is necessary for enforcement. Doctrine of FINALITY General Rule: Courts are reluctant to interfere QuickTime and a TIFF (Uncompressed) decompress or with actions of an administrative agency prior to are needed to see this pict ure. its completion or finality. Absent a final order or decision, power has not been fully and finally exercised, and there can usually be no irreparable harm. Exceptions: 1. Interlocutory order affecting the merits of a controversy; 2. Pr eserve status quo pending further action by the administrative agency; 3. Essent ial to the protection of the rights asserted from the injury threatened; 4. Offi cer assumes to act in violation of the Constitution and other laws; 5. Order not reviewable in any other way; 6. Order made in excess of power Doctrine of PRIMA RY JURISDICTION 1. Courts cannot or will not determine a controversy, which requ ires the expertise, specialized skills and knowledge of the proper administrativ e bodies because technical matters of intricate questions of fact are involved. 2. Relief must first be obtained in an administrative proceeding before a remedy will be supplied by the court, despite the matter is within the proper jurisdic tion of a court. Doctrine of PRIOR RESORT When a claim originally cognizable in the courts involves issues, which under a regulatory scheme are within the speci al competence of an administrative agency, judicial proceedings will be suspende d pending the referral of these issues to the administrative body for its view. NOTE: The doctrines of primary jurisdiction and prior resort have been considere d to be interchangeable. Doctrine of EXHAUSTION OF ADMINISTRATIVE REMEDIES Gener al Rule: An administrative decision must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justi ce for review. NOTE: The premature invocation of a courts intervention is fatal t o ones cause of action Reasons: 1. to enable the administrative superiors to corr ect the errors committed by their subordinates. 2. courts should refrain from di sturbing the findings of administrative bodies in deference to the doctrine of s eparation of powers. 3. courts should not be saddled with the review of administ rative cases. 4. judicial review of administrative cases is usually effected thr ough special civil actions which are available only if there is no other plain, speedy and adequate remedy. Page 87 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Exceptions: 1. when the question raised is purely legal, involves constitutional questions 2. when the administrative body is in estoppel 3. when act complained of is patently illegal 4. when there is urgent need for judicial intervention 5 . when claim/ amount involved is small 6. when irreparable damage is involved 7. when there is no other plain, speedy , adequate remedy 8. when strong public in terest is involved 9. when the subject of controversy is private land 10. in quo warranto proceedings 11. when the administrative remedy is permissive, concurre nt 12. utter disregard of due process 13. long-continued and unreasonable delay 14. when no administrative review is provided 15. respondent is a department sec retary (DOCTRINE OF QUALIFIED POLITICAL AGENCY ALTER EGO DOCTRINE) Substantial e vidence defined to mean not necessarily preponderant proof as required in ordina ry civil cases but such kind of relevant evidence which a reasonable mind might accept as adequate to support a conclusion. MMDA v. Garin, 456 SCRA 176 (April 1 5, 2005) Ratio: Only where there is a traffic law or regulation validly enacted by legislature or those agencies to whom legislative powers have been delegated that the MMDA may confiscate and suspend or revoke drivers licenses in the exerci se of its mandate of transport and traffic management, as well as the administra tion and implementation of all traffic enforcement operations, traffic engineeri ng services and traffic education programs. Republic Act No. 7924 does not grant the MMDA with the police power, let alone the legislative power, and that all i ts functions are legislative in nature. The laudable intentions regarding the cr eation of the MMDA are limited by its enabling law which the Court can but inter pret MMDAs efforts must be authorized by a valid law, or ordinance, or regulation arising from a legitimate source. Tudtud v. Caayon ,454 SCRA 10 (March 28, 2005) Ratio: Civil Service Commission R esolution No. 99-1936 classifies simple neglect of duty as a less grave offense and imposes the penalty of suspension of 1 month and 1 day to 6 months for the f irst offense. decompressor Lim v.Dumlao, 454TIFF (Uncompressed) this picture. 31, SCRA 196 (Ma rch are needed to see 2005) Ratio: Unjustified failure to comment on an administ rative complaint constitutes gross misconduct and insubordination. QuickTime and a Bagano v. Hontanosas, 458 SCRA 59 (May 6, 2005) Ratio: When the law or rule is s o elementary, as that which written motions to be heard, not knowing about it co nstitutes gross ignorance of the law even in the absence of malicious intent. Me ndoza v National Police Commission ,460 SCRA 399 (June 21, 2005) Ratio: In cases where the decision rendered by a bureau or office is appealable to the Civil Se rvice Commission, the same may initially be appealed to the Department and final ly to the Commission. Concerned Taxpayer v Doblada*, 470 SCRA 218 (September 20, 2005) Ratio: The prescription provided for in RA 3019 does not apply in adminis trative cases administrative offenses do not prescribe. Page 88 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 LAW ON PUBLIC CORPORATION Definition of public corporation It is formed or organ ized for the government of a portion of the State. (Corporation Code) Elements o f a municipal corporation 1. A legal creation or incorporation 2. A corporate na me by which the artificial personality or legal entity is known and in which all corporate acts are done 3. Inhabitants constituting the population who are inve sted with the political and corporate powers which are executed through duly con stituted officers and agents 4. A place or territory within which the local civi l government and corporate functions are exercised. Dual nature of municipal cor porations 1. Governmental a. The municipal corporation acts as an agent of the S tate for the government of the territory and the inhabitants within the municipa l limits b. It exercises by delegation a part of the sovereignty of the State 2. Private/proprietary a. It acts in a similar category as a business corporation, performing functions not strictly governmental or political b. Those exercised for the special benefit and advantage of the community. Note: Local Government C ode 15. Every LGU created or recognized under this Code is a body politic and cor porate endowed with powers to be exercised by it in conformity with law. As such , it shall exercise powers as a POLITICAL QuickTime and a TIFF national governmen t and SUBDIVISION of the (Uncompressed) decompressor are needed to see this pict ure. as a CORPORATE ENTITY representing the inhabitants of its territory. Requis ites for the Incorporation Municipal Corporation CODE: Te Po C 1. Territory 2. P opulation 3. Charter of a Requisites of a De Facto Municipal Corporation 1. A va lid law authorizing incorporation 2. An attempt in good faith to organize under it 3. A colorable compliance with the law 4. An assumption of corporate powers A n attack on Legal Existence A quo warranto proceeding brought by the State is th e proper remedy. It should be commenced within 5 years from the time the act com plained of was committed. Creation of Local Government Units (LGUs) Authority to Create LGUs ( 6, LGC) 1. By law enacted by Congress a. Province b. City c. Munic ipality b. Any other political subdivision (A barangay may also be created by la w. See 386) 2. By ordinance passed by Sangguniang Panlalawigan /Panlungsod For ba rangay located within its territorial jurisdiction Indicators for creation/conve rsion a. Income b. Population c. Land Area Plebiscite Requirement It applies to the creation, division, merger, abolition or substantial alteration of boundarie s of LGU. Creation etc. should be approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affect ed. Beginning of Corporate Existence ( 14, LGC) Corporate existence commences upo n the election and qualification of its chief executive and a majority of member s of the Sanggunian unless some other time is fixed by the law or ordinance crea ting it. Local Autonomy Local autonomy can be considered a measure of decentrali zation of the functions of Page 89 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 government. Under the principle of local autonomy and decentralization, LGUs hav e more powers, authority, responsibilities and resources. Decentralization It is the devolution of national administration, not power, to the local levels, in w hich local officials remain accountable to the central government in the manner the law may provide. Levels of Decentralization Administrative Autonomy 1. The c entral government delegates administrative powers to the political subdivisions. 2. Purposes a. To broaden the local power base b. To make the units more respon sive and accountable c. To ensure the full development of LGUs into self-reliant communities d. To break the monopoly of the national government over managing l ocal affairs e. To relieve the national government from the burden of managing l ocal affairs Political Autonomy 1. Involves the abdication of political power in favor of LGUs declared to be autonomous 2. It would amount to self-immolation b ecause the autonomous government would become accountable to its constituency, n ot to the central government. Devolution It refers to the act by which the natio nal government confers power and authority upon the various LGUs to perform spec ific functions and responsibilities. ( 17, LGC). It is considered mandatory under the LGC. Distinction between Supervision and Control Supervision It means the o verseeing or the power or authority of an officer to see that the subordinate of ficers perform their duties. In relation to LGUS, the President only has the pow er of supervision over LGUS. Thus, he cannot interfere with the local government s QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. as long as they act within the scope of their authority. Under the LGC (25), the President exercises direct supervision over provinces, highly urbanized cities a nd independent component cities. He exercises indirect supervision over componen t cities and municipalities through the provinces. He also exercises indirect su pervision over barangays through the city or municipality concerned. Control It means the power of an officer to alter or modify or nullify or set aside what a subordinate officer has done in the performance of his/her duties and to substit ute the judgment of the former for that of the latter. In relation to LGUs, it i s Congress which exercises control over them. Police Power Police power is not i nherent in municipal corporations. Under the LGC, LGUs exercise police power und er the general welfare clause (See 16) Branches of the general welfare clause On e branch relates to such ordinances and regulations as may be necessary to carry into effect and discharge the powers and duties conferred upon the municipal co uncil by law. The second branch is more independent of the specific functions of the council. It authorizes ordinances as are necessary and proper to provide fo r the health and safety, promote prosperity, improve morals, peace, good order e tc. Eminent Domain and Reclassification of Land Requisites for Valid Exercise [C ODE: OPJO] 1. ORDINANCE authorizing the local chief executive to subject a certa in property to expropriation 2. Expropriation should be for a PUBLIC USE/PURPOSE or for the WELFARE of the POOR/LANDLESS. 3. Payment of JUST COMPENSATION 4. Val id and definite OFFER TO PAY which was NOT accepted. Role of Supervising Local G overnment Unit It can only declare the ordinance invalid on the sole ground that it is beyond the power of the Page 90 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 lower LGU to issue. Hence, it cannot declare the ordinance invalid on the ground that it is unnecessary. (Moday v. CA, Feb. 20, 1997) Role of National Governmen t The approval of the national government is not required of local governments t o exercise the power of eminent domain. Role of Judiciary 1. Can inquire into th e legality of the exercise of the right. 2. Can determine whether there was a ge nuine necessity NOTE: Only cities and municipalities can reclassify agricultural lands through the proper ordinance after conducting public hearings for the pur pose. Grounds for Reclassification 1. When the land ceases to be economically fe asible and sound for agricultural purposes as determined by the Department of Ag riculture. 2. When the land shall have substantially greater economic value for residential, commercial or industrial purposes as Sanggunian determined by the c oncerned. Taxation Power to tax of LGUs is now pursuant to direct authority conf erred by the 1987 Constitution. Since LGUs have no inherent power to tax, their power must yield to a legislative act. Legislative Power 1. Local chief executiv e (except for punong barangay because he is already a member of the Sangguniang barangay) has to approve the ordinance enacted by the council. 2. Veto power of local chief executive. ( 55) QuickTime and a a. Grounds TIFF (Uncompressed) decomp ressor are needed to see this picture. i. Ultra vires ii. Prejudicial to public welfare b. Item veto i. Appropriations ordinance ii. Ordinance/resolution adopti ng local development plan and public investment program iii. Ordinance directing the payment of money or creating liability. Veto communicated to sanggunian wit hin 15 days for province and 10 days for city or municipality. Review by Higher/ Supervising Council 1. The higher council can declare the ordinance/resolution i nvalid if it is beyond the scope of the power conferred upon the lower Sanggunia n. 2. For barangay ordinances, the higher council can also rule that it is incon sistent with law or city/municipal ordinances. Corporate Powers ( 22) CODE: S C R e C O 1. To have continuous succession in its corporate name 2. To sue and be su ed 3. To have and use a corporate seal 4. To acquire and convey real or personal property 5. To enter into contracts 6. To exercise such other powers as are gra nted to corporations, subject to limitations in LGC/other laws. Requisites of va lid municipal contracts: 1. LGU has express, implied or inherent power to enter into a particular contract; 2. Entered into by proper department, board, committ ee, or agent; 3. must comply with substantive requirements; 4. must comply with formal requirements; 5. in case entered into by local chief executive on behalf of LGU, prior authorization by Sanggunian concerned is needed Municipal Liabilit y Rule: Local Government units and their officials are not exempt from liability for death or injury to persons or damage to property (Sec 24 R.A. 7160) Doctrin e of Implied Municipal Liability A municipality may become obligated upon an imp lied contract to pay the reasonable value of the benefits accepted or appropriat ed by it as to which it has the general power to contract; the doctrine applies to all cases where money or other property of a party is received under such cir cumstances that the general law, independent Page 91 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 of an express contract, implies an obligation to do justice with respect to the same (Nachura, Reviewer in Political Law, p. 499) Qualifications of Elective Loc al Officials ( 39) 1. Filipino citizen 2. Registered voter in: a. the barangay, m unicipality, city or province where he intends to be elected b. the district whe re he intends to be elected in case of a member of the Sangguniang panlalawigan, Sangguniang panlungsod or Sangguniang bayan. 3. Resident therein for at least 1 year immediately preceding the day of the election. 4. Able to read and write F ilipino/ any other local language or dialect Age requirement POSITION Governor, Vice Governor, Mayor, Vice Mayor, member of Sangguniang Panlungsod in highly urb anized cities Mayor, Vice Mayor of independent component cities or municipalitie s Member of Sangguniang Panglungsod, Member of Sangguniang Bayan, Punong Baranga y, Member of Sangguniang Barangay 5. Fugitives from justice in criminal or nonpo litical cases here or abroad 6. Permanent residents in a foreign country or thos e who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code 7. The insane or feeble minded Term of Office Term of office: 3 years No local elective official shall serve for more than 3 consecutive terms in the same position. Voluntary renunciation of the off ice for any length of time shall be considered an interruption in the continuity of service for the full term for which the elective official concerned was elec ted. Vacancies Permanent vacancy 1. Grounds a. Elective local official fills a h igher vacant office b. Refuses to assume office c. Fails to qualify d. Dies e. R emoved from office f. Voluntarily resigns g. Permanently incapacitated to discha rge the functions of his office AGE REQUIREMENT At least 23 years old on election day At least 21 years old At least 18 years old Disqualifications for Local Elective Officials ( 40) 1. Those sentenced by final judgment for an offense involving moral aturpitude, or QuickTime and TIFF punisha ble by decompressor for an offense(Uncompressed) this picture. 1 year or are nee ded to see more of imprisonment within 2 years after serving sentence 2. Those r emoved from office as a result of an administrative case. 3. Those convicted by final judgment for violating the oath of allegiance to the Republic 4. Those wit h dual citizenship Page 92 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Filling of vacancy a. Automatic succession VACANCY 1. In the office of the go vernor, mayor 2. In the office of the governor, vice-governor, mayor or vicemayo r 3. In the office of the highest ranking Sanggunian member (who was supposed to fill the vacant position of governor etc. 4. In the office of the punong barang ay SUCCESSOR Vice-Governor, ViceMayor Highest ranking Sanggunian member 3. Ranki ng- It is determined on the basis of proportion of votes obtained by each winnin g candidate to the total number of registered voters in each district in the imm ediately preceding local election 4. The general rule is that the successor (by appointment) should come from the same political party as the Sanggunian member whose position has become vacant. The exception would be in the case of vacancy in the Sangguniang barangay. Temporary Vacancy Grounds (not exclusive list) 1. L eave of absence 2. Travel abroad 3. Suspension from office If the positions of g overnor, mayor or punong barangay become temporarily vacant, the vice-governor, vice-mayor or highest ranking Sanggunian member will automatically exercise the powers and perform the duties and functions of the local chief executive concern ed. Exception: He/she cannot exercise the power to appoint, suspend or dismiss e mployees. Exception to exception: If the period of temporary incapacity exceeds 30 working days. Termination of temporary incapacity Upon submission to the appr opriate Sanggunian of a written declaration by the local chief that he has repor ted back to office If the temporary incapacity was due to legal reasons, the loc al chief executive should also submit necessary documents showing that the legal causes no longer exist. Appointment of OIC: The local chief executive can desig nate in writing an OIC if he is traveling within the country but outside his ter ritorial jurisdiction for a period not exceeding 3 consecutive days. The OIC can not exercise the power to appoint, suspend or dismiss employees. Omnibus Electio n Code ( 67) Any elective official, whether national or local, running for any of fice other than the one which he is holding in a permanent capacity, except for President and Vice-President, shall Second highest ranking Sanggunian member Highest ranking sangguniang barangay member/2nd highest ranking sanggunian membe r b. by appointment VACANCY 1. Sanggunian Panlalawigan or Panlungsod of highly urb anized cities and independent component cities 2. Sangguniang Panlungsod of Comp onent Cities, Sangguniang Bayan 3. Sangguniang Barangay APPOINTMENT BY WHOM President, through Executive Secretary Governor City/Municipal QuickTime Mayor upon and a TIFF (Uncompressed) decompressor are ne eded to see this picture. Recommendation of the Sanggunian barangay concerned Page 93 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 be considered ipso facto resigned from his office upon filing of his certificate of candidacy. Grounds for Disciplinary Actions ( 60) CODE: DCDCAUAS An elective local official may be disciplined, suspended or removed from office on any of th e following grounds: 1. Disloyalty to the Republic of the Philippines 2. Culpabl e violation of the Constitution 3. Dishonesty, oppression, misconduct in office, gross negligence, dereliction of duty 4. Commission of any offense involving mo ral turpitude or an offense punishable by at least prison mayor 5. Abuse of auth ority 6. Unauthorized absence for 15 consecutive working days, except in the cas e of members of the Sanggunian panlalawigan, Sangguniang panlungsod, Sangguniang bayan, Sangguniang barangay. 7. Application for or acquisition of foreign citiz enship or residence or the status of an immigrant of another country. 8. Such ot her grounds as may be provided by the Code/other laws. Preventive Suspension ( 63 ) 1. When can it be imposed a. After the issues are joined b. When the evidence of guilt is strong c. Given the gravity of the offense, there is great probabili ty that the continuance in office of the respondent could influence the witnesse s or pose a threat to the safety and integrity of the records and other evidence 2. Who can impose preventive suspension IMPOSED BY: 1. President RESPONDENT LOC AL OFFICIAL Elective official of a province, highly urbanized or Independent com ponent city Elective official of a component city or municipality Elective offic ial of a barangay 2. Governor 3. Mayor 3. Duration of preventive suspension Single preventive suspension should not exc eed 60 days. If several administrative cases are filed against an elective offic ial, he cannot be preventively suspended for more than 90 days within a single y ear on the same ground/s existing and known at the time of the first suspension. Suspension It should not exceed the unexpired term of the respondent or a perio d of 6 months for every administrative offense. Penalty is NOT a bar to the cand idacy of the respondent suspended as long as he meets the qualifications for the office. Removal as result of Administrative Investigation It serves as a BAR to the candidacy of the respondent for any elective position. Recall ( 69-75) Recall is the power of the electorate (registered voters) to remove a local elected of ficial for loss of confidence through the holding of a special/recall election. Two modes of initiating a recall: 1. adoption of a resolution by the Preparatory Recall Assembly (composed of local officials of the lower/supervised local gove rnment unit) 2. petition by at least 25% of the registered voters. GROUND = Loss of confidence QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Page 94 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Process of Initiating Recall I. By Preparatory Recall Assembly (PRA) 1. Composit ion of PRA IMPOSED BY: 1. President RESPONDENT LOCAL OFFICIAL Elective official of a province, highly urbanized or Independent component city Elective official of a component city or municipality Elective official of a barangay COMPOSITION Mayors, vice-mayors, Sanggunian members of the municipalities and component citi es Punong barangay and Sangguniang barangay members in the city Elective municip al/barangay officials Punong barangay and sangguniang barangay members in the mu nicipality 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 10-2 0 days in order to verify the authenticity and genuineness of the petition and t he required % of voters. Conduct of Recall Election The official/s sought to be recalled are automatically considered as duly registered candidates. The date se t for the recall election should not be less than 30 days after filing of resolu tion/petition in the case of barangay, city or municipal officials and 45 days i n the case of provincial officials Effectivity of Recall Recall will only be eff ective upon the election and proclamation of a successor. If the official sought to be recalled receives the highest number of votes, confidence in him is affir med and he shall continue in office. Limitations on Recall Elective local offici al 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 officials assumptio n to office or 1 year immediately preceding a regular local election. LOCAL Init iative ( 120-125) It is the legal process whereby the registered voters of a LGU m ay directly propose, enact or amend any ordinance NOTE: In Garcia v. Comelec, th e SC ruled that a resolution can also be the proper subject of an initiative Who May Exercise Power It may be exercised by all registered voters of the province s, cities, municipalities, barangays. Procedure 1. Number of voters who should f ile petition with Sanggunian concerned a. Provinces and cities - at least 1000 r egistered voters Page 95 of 125 2. Governor 3. Mayor LEVEL 1. Provincial 2. City 3. Legislative district 4. Municipal 2. Procedure Session in a public place to initiate recall proceeding Resolution adopted by a majority of all the members of the PRA during the session called fo r the purpose of initiating recall proceedings II. By Petition of Registered Vot ers Petition of at QuickTime and a of the total least 25% TIFF (Uncompressed) dec ompressor number of needed to see this picture. registered voters in the are LGU concerned during the election in which the local official sought to be recalled was elected. The written petition for recall should be duly signed before the e lection registrar or his representative and in the presence of the representativ e of the petitioner and the official sought to be recalled.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. Municipality - at least 100 c. Barangay - at least 50 2. Sanggunian concerned has 30 days to act on the petition. If the Sanggunian does not take any favorab le action, the proponents may invoke the power of initiative, giving notice to S anggunian. 3. Proponents will have the following number of days to collect requi red number of signatures a. Provinces and cities - 90 days b. Municipalities - 6 0 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 Pr oposition If proposition is approved by a majority of the votes cast, it will ta ke effect 15 days after certification by the Comelec as if the Sanggunian and th e local chief executive had taken affirmative action. If it fails to obtain requ ired number of votes, it is considered defeated Limitations It should not be exe rcised more than once a year. It can only extend to subjects or matters which ar e within the legal powers of the Sanggunians to enact. If the Sanggunian adopts in toto the proposition presented and the local chief executive approves the sam e, the initiative shall be cancelled. Limitations upon Sanggunians The Sanggunia n cannot repeal, modify or amend any proposition or ordinance approved through s ystem of initiative/referendum within 6 months from the date of approval thereof . QuickTime and a TIFF (Uncompressed) decompressor The Sanggunian can amend, modi fy or are needed to see this picture. repeal the proposition/ordinance w/in 3 ye ars thereafter by a vote of of all its members. For barangays, the applicable pe riod is 18 months. Referendum ( 126-127) It is the legal process whereby the regis tered voters of the local government units may Page 96 of 125 approve, amend or reject any ordinance enacted by the Sanggunian. Authority of C ourts The proper courts can still declare void any proposition adopted pursuant to an initiative/referendum on the following grounds: 1. Violation of the Consti tution 2. Want of capacity of the Sanggunian concerned to enact the measure. Cam id v. Office of the President, 448 SCRA 711 (January 17, 2005) Ratio: Pelaez (12 2 Phil 965) and its offspring cases ruled that the President has no power to cre ate municipalities, yet limited its nullificatory effects to the particular muni cipalities challenged in actual cases before this Court. With the promulgation o f the Local Government Code, the legal cloud was lifted over the municipalities similarly created by Executive Order but not judicially annulled Section 442B of the Local Government Code deemed curative whatever legal effects to title those municipalities had labored under. Municipal corporations may exist by prescript ion where it is shown that the community has claimed and exercised corporate fun ctions, with the knowledge and acquiescence of the legislature, and without inte rruption or objection for period long enough to afford title by prescription. Th e legal effect of the nullification of a municipality in Pelaez case was to reve rt the constituent barrios of the voided town back into their original municipal ities.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Atienza v Villarosa , 458 SCRA 385 (May 10, 2005) Ratio: Ratio: The provisions o f Republic Act 7160 are anchored on principles that give effect to decentralizat ion. The Vice-Governor, as the presiding officer of the Sangguniang Panlalawigan , has administrative control of the funds of the said body and it is he who has the authority to approve disbursement vouchers for expenditures appropriated for the operation of the Sangguniang Panlalawigan. While Republic Act 7160 is silen t as to the matter, the authority granted to the Vice-Governor to sign all warra nts drawn on the provincial treasury for all expenditures appropriated for the o peration of the Sangguniang Panlalawigan as well as to approve disbursement vouc hers relating thereto necessarily includes the authority to approve purchase ord ers covering the same applying the doctrine of necessary implication. While the Governor has authority to appoint officials and employees whose salaries are pai d out of the provincial funds, this does not extend to the officials and employe es of the Sangguniang Panlalawigan because such authority is lodged with the Vic eGovernor. The appointing power of the Vice-Governor is limited to the employees of the Sangguniang Panlalawigan as well as those of the Office of the Vice-Gove rnor, whose salaries are paid out of the funds appropriated for the Sangguniang Panlalawigan if the salary of an employee or official is charged aagainst the pr ovincial funds, and a even if this QuickTime TIFF (Uncompressed) decompressor emp loyee reports to see this picture. the Vice-Governor are needed to or is assigne d to his office, the Governor retains the authority to appoint the said employee The Office of the Ombudsman has concurrent jurisdiction with the local governme nt units over administrative cases against elective officials such as barangay c hairmen. 478 SCRA 474 Laxina, Sr. v Office of the Ombudsman*, 471 SCRA 542 (Sept ember 30, 2005) Republic v Gingoyon*, (December 19, 2005) Ratio: The Court cannot accept the Governments proposition that the only properties that may be expropriated under Republic Act No. 8974 are parcels of land RA No. 8974 contemplates within its coverage such real property constituting land, building s, roads, and constructions of all kinds adhered to the soil. Page 97 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 LAW ON PUBLIC OFFICERS PUBLIC OFFICE is the right, authority, and duty created a nd conferred by law, by which for a given period, either fixed by law or endurin g at the pleasure of the appointing power, an individual is invested with some p ortion of the sovereign functions of the government, to be exercised by him for the benefit of the public. Essential elements 1. Created by Constitution or by l aw or by some body or agency to which the power to create the office has been de legated (enabling law) 2. Invested with authority to exercise some portion of th e sovereign power of the State 3. Powers/Functions defined by the Constitution, law, or through legislative authority 4. Duties are performed independently with out control unless those of a subordinate 5. Continuing / permanent in nature Di stinctions Public Official is an officer of the Government itself, as distinguis hed from the officers and employees of instrumentalities of government. Officer is distinguished from an employee in the greater importance, dignity and indepen dence of his position, being required to take an official oath, and perhaps give an official bond and in the liability to be called to account as a public offen der for misfeasance or nonfeasance in office. 5. 6. 7. 8. education, ability to read and write, political affiliation, civil service examination III. Disqualifications The following are grounds for disqualification to hold pu blic office: 1. mental or physical incapacity, 2. misconduct or crime, 3. impeac hment, 4. removal or suspension from office, 5. previous tenure of office, 6. co nsecutive terms, 7. holding more than one office, 8. relationship with the appoi nting power, 9. office newly created or the emoluments of which have been increa sed, 10. being an elective official, 11. having been a candidate for any electiv e position, and 12. grounds under the local government code. In the absence of c onstitutional inhibition, Congress has the same right to provide disqualificatio ns that it has to provide qualifications for office. When the constitution has a ttached 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 crea te. Presumption is in favor of eligibility. The qualifications are continuing re quirements and must be possessed not only at the time of appointment or election or assumption of office but during the officers entire tenure. Limitations on th e power of the legislature to prescribe qualifications: 1. The legislature may n ot reduce or increase the qualifications prescribed in an exclusive manner by th e Constitution. 2. The legislature may prescribe only general qualifications. 3. The qualifications must be relevant to the office for which they are prescribed . IV. Selection for Public Office A public officer is chosen either by appointme nt or election. 1. Appointment Page 98 of 125 REQUIREMENTS FOR PUBLIC OFFICE I. Eligibility and Qualification Eligibility is t he state or quality of being legally fit or qualified to be chosen. Qualificatio n refers to the act which a person, before entering upon the performance of his duties, is by law required to do such as the taking, and often, subscribing and filing of an official oath, and, in some cases, the giving of an official bond. Who are required to give an official bond? Accountable public officers or those to whom are entrusted the collection and custody of public money, and public min isterial officers whose actions may affect the rights and interests of individua ls. II. Formal qualifications: 1. citizenship, 2. age, 3. suffrage, 4. residence , QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Appointment is the act of designation by the executive officer, board, or body t o whom that power has been delegated, of the individual who is to exercise the p owers and functions of a given office. It is to be distinguished from the select ion or designation by a popular vote. Power to appoint is generally regarded as an executive function. But it is not limited to the executive department. Power of appointment is absolute when the choice of the appointing authority is conclu sive. It is conditional where assent or approval by some other officer or body i s necessary to complete the appointment. Acceptance of appointment is not necess ary for the completion or validity of appointment. However, acceptance is necess ary to possession of office, and to enable appointee to the enjoyment and respon sibility of an office. Acceptance may be express when it is done verbally or in writing. Acceptance is implied when without formal acceptance, the appointee ent ers upon the exercise of the duties and functions of an office. The general rule is that an appointment to an office, once made and complete, is not subject to reconsideration or revocation. The exception is where an officer is removable at will of the appointing power. Steps in the Appointing Process: 1. Nomination ex clusive prerogative of the President 2. Confirmation belongs to Congress i.e. Co mmission on Appointments 3. Issuance of commission a commission is a written aut hority from a competent source given to the officer as his warrant for the exerc ise of the powers and duties of the office to which he is commissioned. TIFF (Uncompressed) decompressor Confirmation on the part of the Civil Service a re needed to see this picture. Commission is called Attestation. QuickTime and a V. Vacancy There is a vacancy when an office is empty and without a legally qual ified incumbent appointed or elected to it with a lawful right to exercise its p owers and perform its duties. There can be no appointment to a non-vacant positi on. Causes of vacancy are death, permanent disability, removal from office or re signation of the incumbent. Other causes of vacancy are abandonment, expiration of term, conviction of a crime, impeachment conviction, acceptance of incompatib le office, creation of a new office, reaching the age limit, and recall. DE FACT O AND DE JURE OFFICERS I. De Facto Officers A de facto officer is one who actual ly possesses an office although he has an imperfect or colorable title thereto. His acts, though not those of a lawful officer, the law, upon principles of poli cy and justice, will hold valid so far as they involve the interests of the publ ic and third persons. The requisites of de facto officer: 1. There must be a de jure office; 2. There must be color of right or general acquiescence by the publ ic; and 3. There must be actual physical possession of the office in good faith. II. De Jure Officers A de jure officer is one who has the lawful right to the o ffice 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 also the officer de facto, the lawful title and possession are united. Usurper is one who takes pos session of the office and undertakes to act officially without any color of righ t or authority, either actual or apparent. III. Effects of Acts of De Facto Offi cers The lawful acts of an officer de facto, so far as the rights of third perso ns are concerned are, if done within the scope and by the apparent authority of the office, considered valid and binding as if he were the officer legally elect ed and qualified for the office and in full possession thereof. The de facto off icer cannot benefit from his own status because public policy demands that unlaw ful assumption of public office be Page 99 of 125 2. Designation Designation is simply the mere imposition of new or additional du ties upon an officer to be performed by him in a special manner. It presupposes that the officer is already in the service by virtue of an earlier appointment, performing other functions.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 discouraged. Thus, as a general rule, the de facto officer cannot claim a salary and other compensations for services rendered by him as such. However, there is authority to the effect that the de facto officer may retain salaries collected by him for services rendered in good faith where there is no de jure officer cl aiming the office. The de facto officer is subject to the same liabilities impos ed on the de jure officer in the discharge of official duties, in addition to wh atever special damages may be due from him because of his unlawful assumption of office. IV. How to challenge a de facto officer: The incumbency of a de facto o fficer may not be challenged collaterally or in an action to which he is not a p arty. The challenge must be made in a direct proceeding where title to the offic e will be the principal issue. The authorized proceeding is quo warranto either by the Solicitor General in the name of the Republic or by any person claiming t itle to the office. 3. security of tenure The Career Service includes: 1. Open c areer positions for which prior qualification in an appropriate examination is r equired; 2. Closed career positions which are scientific or highly technical in nature; 3. Career Executive Service Undersecretary, Asst. Secretary, Bureau Dire ctor, Asst. Bureau Director, Regional Director, Asst. Regional Director, Chief o f Dept. Service, and other officers of equivalent rank as may be identified by t he Career Executive Service Board, all of whom are appointed by the President; 4 . Career officers, other than those in the Career Executive Service, who are app ointed by the President, such as the Foreign Service Officers in the DFA; 5. Com missioned officers and enlisted men in the Armed Forces, which shall maintain a separate merit system; 6. Personnel of GOCCs, whether performing governmental or proprietary functions, who do not fall under the non-career service; and 7. Per manent laborers, whether skilled, semiskilled, or unskilled. THE CIVIL SERVICE I. Scope of the Civil Service The civil service embraces all b ranches, subdivisions, instrumentalities, and agencies of the Government, includ ing governmentowned or controlled corporations with original charters. The civil service does not include government-owned or controlled corporations which are organized as subsidiaries of government-owned or controlled corporations under t he general corporation law. II. Positions in the Civil Service QuickTime and a TI FF 1. career service(Uncompressed) decompressor are needed to see this picture. 2. non-career service Career Service The Career Service is characterized by: 1. entrance based on merit and fitness to be determined, as far as practicable, by competitive examinations, or based on highly technical qualifications; 2. opport unity for advancement to higher career positions; and Non-Career Service The Non-Career Service is characterized by: 1. Entrance on ba ses other than those of usual tests of merit and fitness utilized for the career service; and 2. Tenure which is limited to a period specified by law, or which is co-terminous with that of the appointing authority or subject to his pleasure , or which is limited to the duration of a particular project for which purpose employment was made. The Non-Career Service includes: 1. Elective officials and their personal or confidential staff; 2. Department Heads and other officials of Cabinet rank who hold positions at the pleasure of the President and their pers onal or confidential staff; 3. Chairman and members of commissions and boards wi th fixed terms of office and their personal or confidential staff; 4. Contractua l personnel or those whose employment in the government is in Page 100 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 accordance with a special contract to undertake a specific work or job, requirin g special or technical skills not available in the employing agency, to be accom plished within a specific period, which in no case shall exceed one year, and pe rforms or accomplishes the specific work or job, under his own responsibility wi th minimum of direction and supervision from the hiring agency; and 5. Emergency and seasonal personnel. III. Appointments Appointments in the Civil Service may either be: 1. Permanent issued to a person who meets all the requirements for t he position to which he is being appointed, including the appropriate eligibilit y prescribed, in accordance with the provisions of the laws, rules, and standard s promulgated in pursuance thereof. 2. Temporary issued in the absence of approp riate eligibles when necessary in the public interest to fill a vacancy to a per son who meets all the requirements for the position to which he is being appoint ed, except the appropriate civil service eligibility. Temporary appointments sha ll not exceed 12 months, but the appointee may be replaced sooner if a qualified civil service eligible becomes available. NOTE: Where a temporary appointee acq uires civil service eligibility during his tenure as such, his temporary appoint ment does not thereby automatically become permanent. What is required is a new appointment. (Maturan v. Magalona) Provisional Appointment one which may be issu ed, upon the prior authorization of the Commissioner of the Civil Service Commis sion in accordance with the provisions of the Civil Service Law and the rules an d standards promulgated QuickTime and a TIFF (Uncompressed) decompressor thereund er, to a person who has not qualified in an are needed to see this picture. appr opriate 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 app ropriate register of eligibles at the time of appointment. Distinguished from a Temporary appointment temporary appointment given to a non-civil service eligibl e is without a definite tenure and is dependent upon the pleasure of the appoint ing power. IV. Exceptions from Requirement of Competitive Examinations 1. policy -determining charged with laying down of principal and fundamental guidelines or rules, such as that of a head of a department. 2. primarily confidential denote s close intimacy which ensures freedom of intercourse without embarrassment or f reedom from misgivings or betrayals of personal trust or confidential matters of state; or one declared to be so by the President upon recommendation of the Civ il Service Commission. Their tenure ends upon loss of confidence. 3. highly tech nical requires the appointee to possess technical skill or training in the supre me or superior degree. V. Promotion The movement from one position to another wi th increase in duties and responsibilities as authorized by law and usually acco mpanied by an increase in pay Next-in-Rank Rule The person next in rank shall be given preference in promotion when the position immediately above his is vacate d. However, the concept of next-in-rank does not import any mandatory or perempt ory requirement that the person next in rank must be appointed to the vacancy. T he appointing authority has the discretion to fill the vacancy under the next-in -rank rule or by any other method authorized by law, e.g., by transfer. VI. Disc ipline Grounds for the discipline of members of the Civil Service: 1. dishonesty 2. oppression 3. neglect of duty 4. misconduct 5. disgraceful and immoral condu ct 6. being notoriously undesirable 7. discourtesy in the course of official dut ies 8. inefficiency and incompetence in the performance of official duties 9. co nviction of a crime involving moral turpitude 10. falsification of official docu ments 11. habitual drunkenness Page 101 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 12. gambling 13. refusal to perform official duty or render overtime service 14. physical or mental incapacity due to immoral or vicious habits 15. willful refu sal to pay just debts or willful failure to pay taxes due to the government dete rmining how or whether the act shall be done or the course pursued. The officer is expected to discharge the duty directly and not through the intervening mind of another. It cannot be delegated to another, subject to some exceptions (power of the President to conclude treaties may be assigned to a treaty panel, which can negotiate the treaty on his behalf, under his instructions and subject to hi s approval). Preventive Suspension Two Kinds: 1. Preventive Suspension Pending Investigation 2. Preventive Suspension Pending Appeal The duration of preventive suspension is coextensive with the period prescribed for deciding administrative disciplinary cases. If the case is decided before ninety (90) days then the suspension will last less than ninety (90) days, but if the case is not decided within ninety (9 0) days, then the suspension may not exceed the maximum period of ninety (90) da ys. SCOPE OF POWER OF A PUBLIC OFFICER 1. expressly conferred upon him by the la w under which he has been appointed or elected; 2. expressly annexed to the offi ce by the law which created it or some other law referring to it; or 3. attached to the office as incidents to it. Doctrine of Necessary Implication: The fact t hat a particular power has not been expressly conferred does not necessarily mea n that it is not possessed by the officer claiming it. Such a power may still be sustained under the doctrine of necessary implication pursuant to which all pow ers necessary to the exercise of the power expressly granted are deemed impliedl y granted. Kinds of Duties/Powers: 1. Ministerial when it is absolute, certain, and imperative involving merely execution of a QuickTime and a TIFF specific duty (Uncompressed) decompressor fixed and arising from are needed to see this pictur e. designated facts. A duty is ministerial when the law exacting its discharge p rescribes and defines the time, mode, and occasion of its performance with such certainty that nothing is left for judgment or discretion. It is susceptible of delegation and can be compelled by judicial action. 2. Discretionary when it req uires the exercise of reason and discretion in Modes of Termination of Official Relations 1. Natural Causes a. Expiration of th e term or tenure of office b. Reaching the age limit ( retirement) c. Death or p ermanent disability 2. Acts / Neglect of Officer a. Resignation b. Acceptance of an incompatible office c. Abandonment of Office d. Prescription of Right to Off ice 3. Acts of the Government or People a. Removal b. Impeachment c. Abolition o f Office d. Conviction of a crime e. Recall OTHER IMPORTANT CONCEPTS 1. HOLD-OVE R a public officers term has expired or his services terminated but he should con tinue holding his office until his successor is appointed or chosen and had qual ified. 2. NEPOTISM all appointments in the national and local governments or any branch or instrumentality thereof, including government-owned or controlled cor porations, made in favor of a relative of the appointing authority; recommending authority; chief of the bureau or office; or person exercising immediate superv ision over the appointee are PROHIBITED. Exceptions to the nepotism rule: 1. per sons employed in a confidential capacity 2. teachers 3. physicians 4. members of the AFP 3. COMPENSATION IS NOT INDISPENSABLE TO A PUBLIC OFFICE. Page 102 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. DIVESTMENT is when a public official is in a conflict-of-interest situation. Such official must resign from his position in any private business enterprise w ithin 30 days from his assumption of office and/or divest himself of his shareho ldings or interest within 60 days from such assumption. 5.OFFICIAL IMMUNITY only protects public officials from tort liability for damages arising from discreti onary acts or functions in the performance of their official duties. Even if a p ublic officer had indeed signed his PDS without bothering to review the same, he cannot escape administrative liability therefore such an omission is considered as gross negligence on his part. Garcia v Sandiganbayan, 460 SCRA 60 (June 22, 2005) Ratio: While at present, it is the Ombudsman who should file the petition for forfeiture under RA 1379, the Ombudsmans exercise of the correlative powers, to investigate and initiate the pr oper action for recovery of ill-gotten and/or unexplained wealth is restricted o nly to cases for the recovery of ill-gotten and/or unexplained wealth amassed af ter February 25, 1986 as regards such wealth accumulated on or before said date, the authority to file forfeiture proceedings belong to the Solicitor General. T he Ombudsman has the authority to investigate cases even before February 25, 198 6, pursuant to the Ombudsmans general investigatory power under Section 15(1) of RA 6770. Peralta v Desierto*, 473 SCRA 322 (October 19, 2005) Ratio: Every publi c official who signs or initials documents in the course of standard operating p rocedures does not automatically become a conspirator in a crime that transpired at some stage in which the official had no participation. Velasco v. Sandiganbayan, (February 28, 2005) 452 SCRA 593 Ratio: It is not necessary that the officer or employee who willfully refuses or fails to implement such final resolution be a party to the case. Barriga v. San diganbayan, 457 SCRA 301 (April 26, 2005) Ratio: Where the public office of an a ccused is by statute a constituent element of the crime charged, there is no nee d for the Prosecutor to state in the Information specific factual allegations of the intimacy between the office and the crime charged, or that the accused comm itted the crime in performance of his duties. Advincula v. Dicen , 458 SCRA 696 (May 16, 2005) Ratio: The Personal Data Sheet (PDS) is an official document requir ed of a government employee or official by the Civil Service Commission concealm ent of any information in the PDS warrants a penalty from the erring official. M isconduct, by uniform legal definition, is a QuickTime and a TIFF (Uncompressed) decompressor transgressionare needed to see this picture. of some established an d definite rule of action, more particularly, unlawful behavior as well as gross negligence by the public officer. It is incumbent on a public official to scrut inize each and every document he signs, it is hard to believe that he would affi x his signature on his PDS without bothering to scrutinize, and correct if erron eous. Page 103 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELECTION LAW ELECTION Embodiment of the popular will, the expression of the sove reign power of the people. Components: 1. Choice or selection of candidates to p ublic office by popular vote 2. Conduct of the polls 3. Listing of votes 4. Hold ing of Electoral campaign 5. Act of casting and receiving the ballots from the v oters 6. Counting the ballots 7. Making the election returns 8. Proclaiming the winning candidates REGULAR ELECTION is an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters SPECIAL ELECTION is one which is held when there is failure of election on the scheduled date of regular election in a particular place or which is cond ucted to fill up certain vacancies, as provided by law (ex. To fill in vacancy i n office before the expiration of the term for which incumbent was elected) ELEC TION PERIOD shall commence 90 days before the day of the election and shall end 30 days thereafter. Postponement Election Code) of Election (Sec. 5 Omnibus Date of new election The date of the postponed election should be reasonably close t o the date of the election not held, suspended, or which resulted in a failure t o elect. It should not be later than 30 days after the cessation of the cause fo r such postponement or suspension of the election or failure to elect. Failure o f Election (Sec. 6 Omnibus Election Code) Pre-Conditions for declaring a failure of election: That no voting has been held in any precinct or precincts because of the following grounds: CODE: OFF-TV a. Force majeure b. Violence c. Terrorism d. Fraud e. Other analogous causes Under RA 7166, the causes for the declaratio n of the failure of election may occur before or after the casting of votes or o n the day of the election. And, that the votes not cast therein are sufficient t o affect the results of the elections. Effects of the above grounds: 1. Election in any polling place was not held on the date fixed; 2. Election was suspended before the hour fixed by law for the closing of the voting 3. Elections results in a failure to elect (after the voting and during the preparation and transmiss ion of the election returns or in the custody or canvass thereof) Remedy: COMELE C can, on the basis of a verified petition by any interested party, and after du e notice and hearing, call for the holding or continuation of the election not h eld, suspended, or which resulted in a failure to elect. This is decided by the COMELEC, by a majority vote of its members, sitting en banc. Holding of the Spec ial Election: Requisites: 1. There must be failure of election, 2. Such failure would affect the results of the election. NOTE: In fixing the date of the specia l election, the Comelec should see to it that: Page 104 of 125 Causes: Any serious cause, such as: CODE: (VOLT-F) 1. Violence 2. Terrorism or d estruction of election 3. Loss paraphernalia/records 4. Force majeure QuickTime a nd a 5. Other analogous causes such that it is TIFF (Uncompressed) decompressor are needed to see this picture. impossible to hold a free, orderly and honest el ection in any political subdivision COMELEC can postpone the election (when deci ded by a majority vote of the COMELEC sitting en banc, RA 7166): 1. Motu proprio , or 2. Upon a verified petition by any interested party, after due notice and h earing.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 It should not be later than 30 days after the cessation of the cause of the post ponement or suspension of the election or failure to elect, and It should be rea sonably close to the date of the election not held, suspended, or which resulted in failure to elect. POLITICAL PARTIES is an organized group of persons pursuin g the same ideology, political ideas or platforms of government including its br anches and divisions. Types of Political Parties 1. Registered Parties: a. Domin ant Majority Party usually the administration party; entitled to a copy of elect ion return b. Dominant Minority Party entitled to a copy of election return c. M ajority Political Party d. Top 3 Political Parties entitled to appoint principal watcher and a copy of the certificate of canvass e. Bottom 3 political parties entitled to appoint principal watcher 2. Non-registered parties Criteria to Dete rmine the Type of Political Party Established Record of the said parties, showin g in past elections Number of Incumbent Elective Officials Identifiable politica l organizations and strengths Ability to fill a complete slate of candidates Oth er analogous circumstances Acquisition of Juridical Personality It is acquired u pon registration with the COMELEC. NOTE: No religious sect shall be registered a s a political party. No political party, which seeks to achieve its goal through violence, shall be entitled to accreditation. QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. RA 7941 Party-List System Act I. Seeks to promote proportional representation II . Any party already registered need not register anew. File manifestation not la ter than 90 days before election. Grounds for refusing or canceling registration of Party-Lists groups 1. 2. 3. 4. 5. 6. 7. 8. Religious sect or denomination, o rganization Advocates violence Foreign party or organization Receives foreign su pport Violates election law Untruthful statements in its petition Ceased to exis t for at least one year Failed to participate in the last two preceding election s or fails to obtain at least 2% of the votes cast under the party-list system i n the 2 preceding elections for the constituency in which it has registered Nomi nation of party-list reps should not include any candidate for any elective offi ce or a person who has lost his bid for an elective office in the immediately pr eceding election Incumbent sectoral representatives in the House of Representati ves who are nominated in the party-list system shall not be considered resigned Party List Reps constitute 20% of the total number of the members of the House o f Reps including those under the party-list Q: How do we determine the number of party list seats in the House of Reps? A: (# of District Reps / 0.80) x 0.20 = # of party list reps There are presently 208 legislative districts, according to the Veterans Federation Case The 5 major political parties are now entitled to participate in the party list system Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each No party shall be entitled to more than 3 seats Forfeiture of Status as a Registered Political Party The status shall be deemed forfeited if the political party, singly or in coalition with others, fails to o btain at least 10% of the votes cast in the constituency in which it nominated a nd supported a candidate/s in the election next following its registration. Ther e shall be notice and hearing. Page 105 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Currently, there are 260 (208/0.80) seats. So 20 % of 260 is 52 seats. But this is only a ceiling. A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress. Ranking in the list submitted determin es who shall represent party or organization. Ang Bagong Bayani-OFW Labor Party v. COMELEC, G. R. No. 147589 26 June 2001 May political parties participate in the partylist elections? Yes, provided that the political parties themselves represent the marginalized and under represented s ectors, parties and organizations. Aggabao v. COMELEC, 449 SCRA 400 (January 26, 2005) Ratio: Mere allegation that a candidates proclamation is null and void ab initio does not divest the House of Representatives Electoral Tribunal of its ju risdiction. Poe v Macapagal Arroyo, 454 SCRA 142 (March 30, 2005) Ratio: In the application of Rule 3, Section 16 to an election contest, the Court has ruled th at a public office is personal to the public officer and not a property transmis sible to the heirs upon death; Even in analogous cases before other electoral tr ibunals, involving substitution by the widow of a deceased protestant, in cases where the widow is not the real party in interest, we denied substitution by the wife or heirs. While the right to a public office is personal and exclusive to the public officer, an election QuickTime and a TIFF (Uncompressed) decompressor protest is not are needed to see this picture.and exclusive purely personal to t he protestant or protestee such that the death of either would oust the court of all authority to continue the protest proceedings; Court have allowed substitut ion and intervention but only by a real party in interest; Protestants widow is n ot a real party in interest to this election protest. Page 106 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Eligibility of Candidates and Certificates of Candidacy QUALIFICATIONS Age Liter acy 40 Read and Write 35 Read and Write 25 Read and Write 25 Read and Write (if youth sector: 25-30) *Gov, Vice-Gov, Read and Write member of Filipino or local dialect sangguniang panlalawigan, mayor, vice mayor, sangguniang panlungsod in h ighly urbanized cities: 23 *In component cities/municipalities: 21 *Sangguniang panlungsod, sangguniang bayan, barangay: 18 *Sangguniang kabataan: 15-21 35 Read and Write 21 Read and Write Elective officials President/VP Senator District Reps Party-List Reps* Local Off icials Citizenship Natural-born Natural-born Natural-born Natural-born Citizen Voter Registered Registered Registered in District Registered Registered in loca lity Presidency 10 in the Philippines 2 in the Philippines 1 in District 1 in Philipp ines 1 in locality ARMM Governor ARMM Legislator Natural-born Natural-born QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Registered in ARMM Registered in District 5 in ARMM 5 in Districts Page 107 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Certificates of Candidacy Rules on filing of certificates of candidacy: 1. No pe rson shall be elected into public office unless he files his certificate of cand idacy within the prescribed period 2. No person shall be eligible for more than one office. If he/she files for more than one position, he shall not be eligible for any of them unless he cancels all and retains one before the expiration of the period for the filing of certificates of candidacy. 3. The certificate of ca ndidacy shall be filed by the candidate personally or by his duly authorized rep resentative. 4. Upon filing, an individual becomes a candidate. Thus, he is alre ady covered by rules, restrictions and processes involving candidates. Effect of Filing of Certificate of Candidacy on Tenure of Incumbent Government Officials. On appointive officials: They are considered ipso facto resigned from office up on filing. On elective officials: No effect. The candidate shall continue to hol d office, whether he is running for the same or a different position. (Fair Elec tion Act) Rules on Candidacy Substitution and Withdrawal of In case of valid sub stitutions, votes cast for substituted candidates are considered stray, except i f the substitute candidate has the same surname. Official ballots shall provide spaces where voters may write the names of the substitute candidates. (Fair Elec tion Act) Grounds for disqualification under Sec. 12 of the Omnibus Election Cod e: 1. declared by competent authority as insane or incompetent 2. sentenced by f inal judgment for subversion, insurrection, rebellion, or any offense for which he has been sentenced to a penalty of more than 18 months or for a crime involvi ng moral turpitude, unless given plenary pardon or amnesty. *disqualification is lifted after the expiration of 5 years for service of sentence 3. Election offe nses under Sec 68 of the Omnibus Election Code (OEC) 4. giving money or other ma terial consideration to influence, induce, or corrupt the voters of public offic ials performing electoral functions; 5. committing acts of terrorism to enhance his candidacy; 6. spending in his election campaign an amount in excess of that allowed 7. soliciting, receiving, making prohibited contributions; or 8. committ ing prohibited acts under Sections 80, 83, 85, 86, and 261 pars. d, e, k, v, and cc, sub-par. 6 9. Not possessing qualifications and possessing disqualification s under the Local Government Code 10. Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of i mprisonment within two years after serving sentence 11. Removed from office as a result of an administrative case 12. Convicted by final judgment for violating the oath of allegiance to the Republic 13. Dual citizenship ( more specifically, dual allegiance) 14. Fugitives from justice in criminal or nonpolitical cases h ere or abroad 15. Permanent residents in a foreign country or those who have acq uired the right to reside abroad and continue to avail of the same right 16. Ins ane or feeble-minded Page 108 of 125 Any candidate may withdraw his/her candidacy anytime before election day. Substi tution is only allowed in the following instances: 1. death 2. withdrawal 3. dis qualification No substitution is allowed for an independent candidate. Only cand idates who are members of and are nominated by a party can be substituted. Quick Time and a Substitute candidate may file his/her certificate of TIFF (Uncompresse d) decompressor are needed to see this picture. candidacy not later than mid-day of election day. No person who has withdrawn his/her candidacy for a position s hall be eligible as a substituted candidate for any other position. The filing o f the withdrawal shall not affect the civil, criminal, or administrative liabili ties the substituted candidate may have already incurred.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 17. Nuisance candidate 18. Violation of sec 73 of OEC with regard to certificate of candidacy (filing a certificate of candidacy for more than one office) 19. V iolation of sec 78: material misrepresentation in the certificate of candidacy E ffect of a Disqualification case (under RA 6646) 1. Any candidate who has been d eclared by final judgment to be disqualified shall NOT be voted for. The votes c ast in his favor shall not be counted. 2. If the candidate is not disqualified b y final judgment before the election and receives the highest number of votes in the election, the court or COMELEC will continue with the trial and hearing of the action, inquiry or protest. Upon motion of the complainant or intervenor, th e court or COMELEC may order the suspension of the proclamation of the candidate whenever the evidence of his guilt is strong. NUISANCE CANDIDATES refers to can didates who have no bona fide intention to run for the office for which the cert ificate of candidacy has been filed and would thus prevent a faithful determinat ion of the true will of the people. Power of COMELEC 1. May refuse to give due c ourse to or cancel a certificate of candidacy of a nuisance candidate. This can be done motu proprio or upon verified petition of an interested party. 2. There should be a showing that: Certificate of candidacy has been filed to put the ele ction process in mockery/disrepute or To cause confusion among the voters by the similarity of the names of the registered candidates Other circumstances which clearly demonstrate that the candidate has no QuickTime and a TIFF (Uncompressed) decompressor bona fide intention to run for the office. are needed to see this picture. 3. It should be decided not later than 15 days before the election, after due no tice and hearing. Election Campaign/Partisan Political Activity It refers to an act designed to promote the election or defeat of a particular candidate/s to a public office. It includes: 1. Forming organizations, associations, clubs, commi ttees or other groups of persons for the purpose of soliciting votes and/or unde rtaking any campaign for or against a candidate. 2. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the purp ose of soliciting votes and/or undertaking any campaign or propaganda for or aga inst a candidate. 3. Making speeches, announcements or commentaries or holding i nterviews for or against the election of any candidate for public office. 4. Pub lishing or distributing campaign literature or materials designed to support or oppose the election of any candidate. 5. Directly or indirectly soliciting votes pledges or support for or against a candidate. 6. Advertisements When the acts enumerated above are NOT considered an election campaign/partisan political acti vity - If the acts are performed for the purpose of enhancing the chances of asp irants for nomination for candidacy to a public office by a political party, agr oupment, or coalition of parties. RA 9006 FAIR ELECTION ACT Important Features: 1. Repeal of Sec. 67 of the OEC Now, any ELECTIVE official, whether national or local, running for any office other than the one which he is holding in a perman ent capacity shall not be considered ipso facto resigned from his office upon th e filing of his certificate of candidacy. 2. Lifting of the Political Ad Ban The following are now considered lawful election propaganda: a. Written and Printed Materials (8.5 W x 14L) b. Letter c. Posters (2 x 3) in common-private poster areas (not more than 10 public Page 109 of 125 Petition to deny due course to or to cancel a certificate of candidacy 1. Exclus ive ground: A material representation in the certificate of candidacy is false. 2. The petition should be filed not later than 25 days from the filing of the ce rtificate of candidacy.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 places per political party or independent candidate, 12 16), private places and pu blic places (allocated equitably and impartially) Rally streamers (3 x 8) Paid adv ertisements at discounted rates: Print: 1/4th page in broadsheet and page in tab loid 3x a week TV: 120 mins. for candidate for national office and 60 minutes fo r local office Radio: 180 mins. for candidate for national office and 90 minutes for local office Comelec free space (3 national newspapers for national offices and 1 national newspaper for local offices) and airtime (3 national television networks for national offices and 1 station for local offices): equal allocation for all candidates for 3 calendar days. of influencing the results of the elect ion. It shall also include the use of facilities personally owned by the candida te, the money value of the use of which can be assessed on the rates prevailing in the area. d. e. f. g. h. i. 3. Authorized Expenses (multiplied with the total number of registered voters) a . P 10 for president / vice president b. P 3 for other candidates for every vote r currently registered in the constituency c. P 5 for independent candidates and political parties Electoral Contributions and Expenditures CONTRIBUTION (under Sec 94, Omnibus Election Code) includes: 1. a gift, 2. donation, 3. subscription , 4. loan, 5. advance or deposit of money or anything of value, 6. a contract, p romise or agreement of contribution, whether or not legally enforceable 7. use o f facilities voluntarily donated by other persons, the money value of which can be assessed based on the rates prevailing in the area. QuickTime and a 8. Made fo r TIFF (Uncompressed) decompressor the purpose of influencing the are needed to see this picture. results of the elections. DOES NOT INCLUDE services rendered w ithout compensation by individuals volunteering a portion or all of their time i n behalf of a candidate or political party. EXPENDITURE includes the payment or delivery of money or anything of value, or a contract, promise or agreement to m ake an expenditure, for the purpose Prohibited Contributions: Those made directly or indirectly by any of the follow ing: 1. public or private financial institutions (except loans to a candidate or political party) 2. public utilities or those exploiting natural resources of t he nation 3. persons with contracts to supply the government with goods or servi ces or to perform construction or other works 4. grantees of franchises, incenti ves, exemptions, allocations or similar privileges or concessions by the governm ent 5. persons who, within one year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000 by the government 6 . educational institutions which have received grants of public funds not less t han P100,000 7. officials or employees in the Civil Service or members of the Ar med Forces of the Philippines; and 8. foreigners and foreign corporations. Prohi bited means of raising of funds (Sec. 97 Omnibus Election Code): 1. Holding any of the following activities: a. dances b. lotteries c. cockfights d. games e. bo xing bouts f. bingo g. beauty contests h. entertainments i. cinematographic, the atrical, or performances other for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to an including el ection day. 2. It shall also be unlawful for any person or organization to solic it and/or accept from any candidate for public office any gift, food, transporta tion, contribution or donation in cash or in kind from the commencement of Page 110 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the election period up to and including election day, EXCEPT normal and customar y religious stipends, tithes or collections Lawful Expenditures: 1. For travelin g expenses 2. Compensation of campaigners, clerks, stenographers, messengers, an d other persons actually employed in the campaign 3. Telegraph and telephone tol ls, postage, freight and express delivery charges 4. Stationery, printing and di stribution of printed matters relative to candidacy 5. Employment of watchers at the polls 6. Rent, maintenance and furnishing of campaign headquarters, office, or place of meetings 7. Political meetings and rallies 8. Advertisements 9. Emp loyment of counsel, the cost of which shall not be taken into account in determi ning the amount of expenses which a candidate or political party may have incurr ed 10. Copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the lists, the cost of which shall not b e taken into account in determining the amount of expenses which a candidate or political party may have incurred 11. Printing sample ballots, the cost of which shall not be taken into account in determining the amount of expenses which a c andidate or political party may have incurred Voters Qualifications 1. Age: 18 y ears old and over. 2. Residence: He /she should have resided in the Philippines for one year and resided in the city/municipality wherein he proposes to vote fo r at least 6 months immediately preceding the election. TIFF (Uncompressed) decompressor Residence Requirement are needed to see this pi cture. If the transfer of residence is due to any of the following reasons, the person concerned will be deemed NOT to have lost his original residence: a. Tran sfer solely because of occupation, profession, employment in private or public s ervice b. Educational activities c. Work in military or naval reservations d. Se rvice in the army, navy or air force, national police force QuickTime and a e. Confinement/detention in government institutions in accordance with law NOTE: Residence is equal to domicile. Hence, a person may be physically absent from h is residence for a short, or even long period of time, due to work, studies, etc ., but as long as he has the INTENT TO RETURN to his place of residence, and cor ollary to this, NO INTENT TO SETTLE in the place where he is physically present, he/she is still a resident in his original domicile (see Imelda Marcos case). R EPUBLIC ACT NO. 9189 THE OVERSEAS ABSENTEE VOTING ACT OF 2003 The Overseas Absen tee Voting Act of 2003, also known as Absentee Voting Law, is the law that ensures equal opportunity to all qualified citizens of the Philippines abroad to exercise their right to vote (suffrage) in the election of President, Vice President, Se nators and Party-List Representatives. Who are qualified to vote under the Absen tee Voting Law? All citizens of the Philippines abroad, who are not otherwise di squalified by law, at least eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and party-list representatives. (Sec. 4 R.A. 9189) Who are disqualified from voting under the Absentee Voting L aw? 1. Those who have lost their Filipino citizenship in accordance with Philipp ine laws; 2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country; 3. Those who have committed a nd are convicted in a final judgment by a court or tribunal of an offense punish able by imprisonment of not less than one (1) year, including those who have com mitted and been found guilty of Disloyalty as defined under Article 137 of the R evised Penal Code, such disability not having been removed by plenary pardon or amnesty; Provided, however, That any person disqualified to vote under this subs ection shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence; Provided, further, That the Commission may tak e cognizance of final judgments issued by foreign courts or tribunals only on th e basis of reciprocity and subject to the formalities and processes prescribed b y the Rules of Court on execution of judgments; Page 111 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. An immigrant or a permanent resident who is recognized as such in the host co untry, unless he/she executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical per manent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act. Such affidavit shall also state that he /she has not applied for citizenship in another country. Failure to return shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualific ation to vote in absentia. 5. Any citizen of the Philippines abroad previously d eclared insane or incompetent by competent authority in the Philippines or abroa d, as verified by the Philippine embassies, consulates or foreign service establ ishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent. (Section 5. R.A. 9189) How shall registration be done? Registration as an overseas absentee voter shall be done in person. (Section 6,RA 9189) What is the procedure for registration? A. For Qu alified citizens of the Philippines abroad who failed to register under Republic Act No. 8189, otherwise known as the The Voters Registration Act of 1996. They ma y personally apply for registration with the Election Registration Board of the city or municipality where they were domiciled immediately prior to their depart ure from the Philippines, or with the representative of the Commission at the Ph ilippine embassies, consulates and other foreign service establishments that hav e QuickTime and a jurisdiction TIFF (Uncompressed) decompressor where they over t he locality are needed to see this picture. temporarily reside. The embassies, c onsulates and other foreign service establishments shall transmit within (5) day s from receipt the accomplished registration forms to the Commission, after whic h the Commission shall coordinate with the Election Officer of the city or munic ipality of the applicants stated residence for verification, hearing and annotati on in the permanent list of voters. Upon receipt of the application for registra tion, the Election Officer shall immediately set the application for hearing, th e notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicants stated residence for at least one (1 ) week before the date of the hearing. The Election Officer shall immediately fu rnish a copy of the application to the designated representatives of political p arties and other accredited groups. If no verified objection to the application is filed, the Election Officer shall immediately forward the application to the Election Registration Board, which shall decide on the application within one (1 ) week from the date of hearing without waiting for the quarterly meeting of the Board. The applicant shall be notified of the approval or disapproval of his/he r application by registered mail. In the event that an objection to the applicat ion is filed prior to or on the date of hearing, the Election Officer shall noti fy the applicant of said objection by registered mail, enclosing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer, if any. The applicant shall have the right to file his co unter-affidavit by registered mail, clearly stating therein facts and defenses s worn before any officer in the host country authorized to administer oaths The a pplication shall be approved or disapproved based on the merits of the objection , counter-affidavit and documents submitted by the party objecting and those of the applicant. A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been appr oved, including those certified as registered voters. The Commission shall inclu de the approved applications in the National Registry of Absentee Voters. If the application has been approved, any interested party may file a petition for exc lusion not later than two hundred ten Page 112 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 (210) days before the day of elections with the proper municipal or metropolitan trial court. The petition shall be decided within fifteen (15) days after its f iling on the basis of the documents submitted in connection therewith. Should th e court fail to render a decision within the prescribed period, the ruling of th e Election Registration Board shall be considered affirmed. If the application h as been disapproved, the applicant or his authorized representative shall, withi n a period of five (5) days from receipt of the notice of disapproval, have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. The petition shall be decided within five (5) days after its filin g on the basis of documents submitted in connection therewith. B. For Qualified citizens of the Philippines abroad, who have previously registered as voters pur suant to Republic Act No. 8189 They shall apply for certification as absentee vo ters and for inclusion in the National Registry of Overseas Absentee Voters, wit h a corresponding annotation in the Certified Voters List. (Section 6 of RA 9189) How shall voting be done? 1. The overseas absentee voter shall personally accom plish his/her ballot at the embassy, consulate or other foreign service establis hment that has jurisdiction over the country where he/she temporarily resides or at any polling place designated and accredited by the Commission. (section 16, RA 9189) 2. The overseas absentee voter may also vote by mail. (Section 17, RA 9 189) When may voting by mail be allowed? For the May, 2004 elections, the Commis sion shall authorize voting by mail in not more than three (3) countries, subjec t to the QuickTime and a TIFF the approval of (Uncompressed) decompressor Congres sional Oversight are needed to see this picture. Committee. Voting by mail may b e allowed in countries that satisfy the following conditions: Where the mailing system is fairly welldeveloped and secure to prevent the occasion of fraud; Wher e there exists a technically established identification system that would preclu de multiple or proxy voting; and, Where the system of reception and custody of m ailed ballots in the embassies, consulates and other foreign service establishme nts concerned are adequate and well-secured. Thereafter, voting by mail in any c ountry shall be allowed only upon review and approval of the Joint Congressional Oversight Committee. (Section 17.1, RA 9189) How will the counting and canvassi ng of the votes be done? The counting and canvassing of votes shall be conducted on site in the country where the votes were actually cast. The opening of the s pecially-marked envelopes containing the ballots and the counting and canvassing of votes shall be conducted within the premises of the embassies, consulates an d other foreign service establishments or in such other places as may be designa ted by the Commission pursuant to the Implementing Rules and Regulations. The Co mmission shall ensure that the start of counting in all polling places abroad sh all be synchronized with the start of counting in the Philippines. The Commissio n shall constitute as many Special Boards of Election Inspectors as may be neces sary to conduct and supervise the counting of votes. Immediately upon the comple tion of the counting, the Special Boards of Election Inspectors shall transmit v ia facsimile and/or electronic mail the results to the Commission in Manila and the accredited major political parties. (Section 18, RA 9189) Can the canvass of the overseas absentee votes delay the proclamation of winners? No. The canvass of votes shall not cause the delay of the proclamation of a winning candidate if the outcome of the election will not be affected by the results thereof. Notwit hstanding the foregoing, the Commission is empowered to order the proclamation o f winning candidates despite the fact that the scheduled election has not taken place in a particular country or countries, if the holding of elections therein has been rendered impossible by events, factors and circumstances peculiar to su ch country or countries, and which events, factors and circumstances are beyond the control or influence of the Commission. (Section 18, RA 9189) Page 113 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RA 8189 VOTERS REGISTRATION ACT OF 1996 What kind of registration system do we ha ve? 1. Continuing, 2. Computerized and 3. Permanent Disqualifications 1. If sent enced by final judgment to suffer imprisonment for not less than 1 year and such disability was not removed by plenary pardon or has not been granted amnesty. H owever, any person disqualified to vote shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. 2. Any person who has been adjudged by final judgment by competent court or tribunal of having com mitted any crime involving disloyalty to the duly constituted government such as rebellion or any crime against national security: a. UNLESS restored to his ful l civil and political rights in accordance with law. b. However, he shall regain his right to vote automaticallyupon expiration of 5 years after service of sent ence. 3. Insane or incompetent persons as declared by competent authority. 2. Ex clusion/ Inclusion 3. Cancellation of Registration in case of Death 4. New voter s 5. Annulment of Book of Voters 6. Transfer of Residence How is challenge to ri ght to register effected? Who - any voter, candidate, political party representa tive How - in writing, stating grounds, under oath, proof of notice of hearing D EACTIVATION is the removal from the registration records of persons from the pre cinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause of deactivation. How is react ivation of registration effected? 1. Sworn application for reactivation 2. Affid avit 3. Not later than 120 days before regular election and 90 days before speci al election Annulment of Book of Voters is through verified petition; notice and hearing; not prepared in accordance with law or prepared through fraud, bribery , forgery, impersonation, intimidation, force, any similar irregularity or which contains data that are statistically improbable; Cannot be done within 90 days before election Pre-Proclamation Controversies refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC. It would also refer to an y matter raised under Sections 233, 234, 235, and 236 of the Omnibus Election Co de in relation to the preparation, transmission, receipt, custody, and appreciat ion of the election returns. (Board of canvassers has original jurisdiction whil e COMELEC has appellate jurisdiction) When election returns are delayed, lost or destroyed (Sec.233) Material defects in the election returns (Sec. 234) When el ection returns appear to be tampered with or falsified. (Sec. 235) Page 114 of 125 Jurisdiction in Inclusion/Exclusion cases 1. The municipal and metropolitan tria l courts shall have original and exclusive jurisdiction over all matters of incl usion and exclusion of voters from the list in their respective municipalities o r cities. Petition filed at any time except 105 days before regular election or 75 days before special election 2. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision. 3. RTC will decide the appeal within 1 0 days. QuickTime and a Decision is TIFF (Uncompressed) decompressor final and ex ecutory. are needed to see this picture. NOTE: Relate this to Article IX of the Constitution, which provides that the COMELEC has no jurisdiction over questions involving the right to vote. 4. Exclusion is through sworn petition and not lat er than 100 days before regular election; 65 days before special election Ground s when the List of Voters will be altered: 1. Deactivation/ Reactivation

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Discrepancies in election returns (Sec. 236) Summary nature of pre-proclamation controversy Pre-proclamation controversies shall be heard summarily by the COMEL EC. Its decision shall be executory after the lapse of 5 days from receipt by th e losing party of the decision, unless restrained by the SC. Effect of filing pe tition to annul or suspend proclamation It suspends the running of the period wi thin which to file an election protest or quo warranto proceeding. When not allo wed Pre-proclamation cases on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or the certificates o f canvass NOT allowed in elections for: (under RA 7166) 1. President 2. Vice-Pre sident 3. Senator 4. Member of the House of Representatives BUT: The appropriate canvassing body motu propio or upon written complaint of an interested person c an correct manifest errors in the certificate of canvass or election returns bef ore it. Questions affecting the composition or proceedings of the board of canva ssers may be initiated in the board or directly with COMELEC. When pre-proclamat ion cases are deemed TERMINATED (RA 7166) All pre-proclamation cases pending bef ore the COMELEC shall be deemed terminated at the beginning of the term of the o ffice involved and the rulings of the boards of canvassers concerned deemed affi rmed. This is without prejudice to the filing of a regular election protest by t he aggrieved party. HOWEVER: Proceedings MAY CONTINUE if: 1. The COMELEC determi nes that the petition is meritorious and issues an order for the proceedings to continue or 2. The Supreme Court issues an order for the proceedings to continue in a petition for certiorari. Those that can be filed with COMELEC directly are the ff: 1. Issue involves the illegal composition or proceedings of the board of canvassers, as when a majorit y or all of the members do not hold legal appointments or are in fact usurpers 2 . Issue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing Recount There can be a recount under the g rounds of 234236. The returns involved will affect the results and the integrity of the ballot box has been preserved Issues that may be raised in a pre-proclam ation controversy 1. Illegal composition or proceedings of the board of canvasse rs 2. The canvassed election returns are incomplete, contain material defects, a ppear to be tampered with or falsified, or contain discrepancies in the same ret urns or in authentic copies thereof. 3. The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured, or not authentic. 4. When substitute or fraudulent returns in controverted poll ing places were canvassed, the results of which materially affected the standing of the aggrieved candidate/s. Procedure 1. Contested composition or proceedings of the board (under RA 7166) I t may be initiated in the board or directly QuickTime and a TIFF (Uncompressed) d ecompressor with COMELEC. are needed to see this picture. 2. Contested election returns (under RA 7166) Matters relating to the preparatio n, transmission, receipt, custody and appreciation of the election returns, and certificate of canvass, should be brought in the first instance before the board of canvassers only. Page 115 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Election Contest I. Original Jurisdiction COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, and qualifications of all elective : 1. Regional 2. Provincial 3. City officials II. Appellate Jurisdiction COMELEC has APPELLATE jurisdiction over all contests involving: 1. Elective MUNICIPAL o fficials decided by trial courts of GENERAL jurisdiction 2. Elective BARANGAY of ficials decided by trial courts of LIMITED jurisdiction Who can file a petition contesting the election? Any candidate who has duly filed a certificate of candi dacy and has been voted for the same office Purpose of an election contest The d efeated candidate seeks to oust the proclaimed winner and claims the seat. Final COMELEC Decisions Provision that decisions, final orders, rulings of the Commis sion on Election contests involving municipal and barangay offices are final, ex ecutory and not appealable: 1. This only applies to questions of FACT. (Flores v . COMELEC, 184 SCRA 484) 2. It does NOT preclude a special civil action of certi orari. (Galido v. COMELEC, Jan. 18,1991) Distinctions between Pre-Proclamation C ontroversy and Election Contest 1. Dividing line: Proclamation of a candidate 2. Jurisdiction QuickTime and a 3. In some cases, even if the case (involving municipal officials) began with th e COMELEC before proclamation but a proclamation is made before the controversy is resolved, it ceases to be a preproclamation controversy and becomes an electi on contest cognizable by the RTC. However, in some cases, the SC has recognized the jurisdiction of COMELEC over municipal cases even after proclamation. Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings t o continue even after a proclamation has been made. Distinctions between Pre-Pro clamation Controversy and Quo Warranto Quo warranto is not, strictly speaking, a contest. It is a proceeding to unseat an ineligible person from office. An elec tion protest more than seeks to oust the winner. It is strictly a contest betwee n the winning candidate and the defeated candidate. Quo warranto may be filed by an voter. An election protest may be filed only by a candidate who has duly fil ed a certificate of candidacy to the same office and has been voted for. Grounds for quo warranto are disloyalty or ineligibility of the winning candidate. Grou nds for election contest are election fraud and irregularities in the counting a nd casting of votes or in the preparation of the returns. In quo warranto, the r espondent may be unseated, but the petitioner may not be installed into the offi ce vacated. In election contest, the protestee may be unseated and the protestan t may be installed into the office vacated. Election Offenses (Selected Offenses ) Vote buying and vote-selling TIFF (Uncompressed) decompressor I. Pre-proclamation controversy are needed to s ee this picture. 1. The jurisdiction of COMELEC is administrative /quasi-judicia l 2. It is governed by the requirements of administrative due process II. Election contest 1. The jurisdiction of COMELEC is judicial 2. It is governe d by the requirements of judicial process I. Covered acts 1. Give, offer or promise money or anything of value 2. Making o r offer to make any expenditure, directly or indirectly, or cause expenditure to be made to any person, association, corporation, entity or community 3. Solicit ing or receiving, directly or indirectly, any expenditure or promise of any offi ce or employment, public or private Page 116 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 II. Purpose of acts 1. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election; or 2. To vote for or against any aspirant for the nomination or choice of a candidate in a conventio n or similar selection III. Under RA 6646 buying/selling) (Prosecution of voteor aspirant for the nomination or selection of candidates. 2. Dismissing or threat ening to dismiss, punishing or threatening to punish by reducing salary, wage or compensation or by demotion, transfer, suspension etc. Appointment of new emplo yees, creation of new position, promotion or giving salary increases 1. Who can be held liable: Any head/official/appointing officer of a government office, age ncy or instrumentality, whether national or local, including GOCCs. 2. Prohibite d acts a. Appointing or hiring a new employee (provisional, temporary or casual) b. Creating or filling any new position c. Promoting/giving an increase in sala ry, remuneration or privilege to any government official or employee. 3. Period when acts are prohibited a. 45 days before a regular election b. 30 days before a special election 4. Exceptions Upon prior authority of COMELEC if it is satisf ied that the position to be filled is essential to the proper functioning of the office/agency concerned AND that the position is not filled in a manner that ma y influence the election In case of urgent need, a new employee may be appointed . Notice of appointment should be given to COMELEC within 3 days from appointmen t. Prohibition against release, disbursement or expenditure of public funds 1. W ho can be held liable: Any public official or employee including barangay offici als and those of GOCCs/subsidiaries 2. Prohibited acts: The release, disbursemen t or expenditure of public funds for any and other kinds of public works. 3. Per iod when acts are prohibited: a. 45 days before a regular election b. 30 days be fore a special election Page 117 of 125 1. Presentation of a complaint supported by affidavits of complaining witnesses attesting to the offer or promise by or the voters acceptance of money or other consideration from the relatives, leaders or sympathizers of a candidate is suff icient basis for an investigation by the COMELEC, directly or through its duly a uthorized legal officers. 2. Disputable presumption of conspiracy: Proof that at least one voter in different precincts representing at least 20% of the total p recincts in any municipality, city or province has been offered, promised or giv en money, valuable consideration or other expenditure by a candidate relatives, leaders and/or sympathizers for the purpose of promoting the election of such ca ndidate. 3. Disputable presumption of involvement Proof affects at least 20% of the precincts of the municipality, city or province to which the public office a spired for by the favored candidate relate. This will constitute a disputable pr esumption of the involvement of such candidate and of his principal campaign man agers in each of the municipalities concerned in the conspiracy Coercion of a su bordinate I. Who can be held liable 1. public officer 2. officer of a public/pri vate corporation/association 3. heads/superior/administrator of any religious Qu ickTime and a TIFF organization (Uncompressed) decompressor are needed to see thi s picture. 4. employer/landowner II. Prohibited acts 1. Coercing, intimidating o r compelling or influencing, in any manner, any subordinates, members, parishion ers or employees or house helpers, tenants, overseers, farm helpers, tillers or lease holders to aid, campaign or vote for or against a candidate

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. Exception a. Maintenance of existing/completed public works project. b. Work undertaken by contract through public bidding, or by negotiated contract awarded before the 45 day period before election c. Payment for the usual cooperation f or working drawings, specifications and other procedures preparatory to actual c onstruction including the purchase of material and equipment and incidental expe nses for wages. d. Emergency work necessitated by the occurrence of a public cal amity but such work shall be limited to the restoration of the damaged facility. e. Ongoing public work projects commenced before the campaign period or similar projects under foreign agreements. 3. Refusing to issue the certificate of vote rs to the duly accredited watchers (committed by a member of the BEI) 4. Person who violated provisions against prohibited forms of election propaganda 5. Failu re to give notice of meetings to other members of the board, candidate or politi cal party (committed by the Chairman of the board of canvassers) 6. A person who has been declared a nuisance candidate or is otherwise disqualified who continu es to misrepresent himself as a candidate (Ex. by continuing to campaign) and an y public officer or private individual who knowingly induces or abets such misre presentation by commission or omission. 7. If the chairman of the BEI fails to a ffix his signature at the back of the official ballot, in the presence of the vo ter, before delivering the ballot to the voter. (under RA 7166) Prescription of Election Offenses Election offenses shall prescribe after 5 years from the date of their commission If the discovery of the offense is made in an election conte st proceeding, the period of prescription shall commence on the date on which th e judgment in such proceedings becomes final and executory Jurisdiction of court s 1. RTC has exclusive original jurisdiction to try and decide any criminal acti on or proceedings for violation of the Code. 2. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote. Suspension of elective, provincial, city, municipal or barangay officer General rule: public official CANNOT suspend any of the officers enumerated above during the election period. Exceptions: 1. With prior approval of COMELEC 2. Suspensio n is for the purpose of applying the Anti-Graft and Corrupt Practices Act In rel ation to registration of voters/voting 1. Unjustifiable refusal to register and voteNOTE THAT FAILURE TO REGISTER AND/OR VOTE IS NO LONGER A CRIME. 2. Voting mo re than once in the same election/voting when not a registered voter 3. Voting i n substitution for another with or without the latters knowledge and/or consent e tc. Other election offenses under RA 6646 QuickTime and a TIFF (Uncompressed) dec ompressor 1. Causing the printing of official ballots and are needed to see this picture. election returns by printing establishments not on contract with COMEL EC and printing establishments which undertakes unauthorized printing 2. Tamperi ng, increasing or decreasing the votes received by a candidate or refusing after proper verification and hearing to credit the correct votes or deduct the tampe red votes (committed by a member of the board of election inspectors) Page 118 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELECTION PROTEST QUO WARRANTO GROUNDS Fraud and irregularities in casting, counting of votes, and election incidents 1. Disloyalty to the Republic 2. Ineligibility PREPROCLAMATION CONTROVERSY Illegal composition and proceedings of the Board of Canvassers Irregularities in preparation, transmission, receipt, custody, and ap preciation of election returns and certificates of canvass Re: Board of Canvasse rs: with Board or with Comelec Re: Election Returns: with Board of Canvassers ANNULMENT OF PROCLAMATION Proclamation based on irregular and illegal canvass wh ether in the election returns, certificate of canvass, proceedings and compositi on of board of canvassers ELECTION OFFENSE Violation Election Code Commission prohibited acts of of VENUE President and VP: Presidential Electoral Tribunal Senators: Senate Electoral Tri bunal Representatives: House of Rep. Electoral Tribunal Regional/Provincial/City : Comelec QuickTime and a President and VP: Presidential Electoral Tribunal Senators: Tribunal Senate Elec toral Comelec Comelec Law Dept. for preliminary investigation, then Courts for prosecution Representatives: House Rep. Electoral Tribunal Regional/Provincial/City: Comelec Municipal: RTC of EFFECT IF CASE PROSPERS Municipal: RTC Incumbent-protestee removed from office TIFF (Uncompressed) decompressor are needed to see this picture. Incumbent-respondent dislodged Petitioner does not assume the petition. Follow t he rules on succession If protestant gains highest number, he/she is proclaimed Election return aside Recount Suspension Proclamation set Proclamation annulled Filing suspends the running of the period within which to file election protest or

of Respondent penalized with fine, imprisonment, disqualification to hold public of fice or deprivation of right to vote Page 119 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 of officers or conduct special elections Any voter Within 10 proclamation days f rom quo warranto Any candidate or political party Upon convening of Board When e lection return presented Any candidate or political party Within 10 days from pr oclamation Any voter Within 5 years from commission PETITIONER PERIOD Any candidate for the position Within 10 days from proclamation QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Page 120 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELECTION PROTEST QUO WARRANTO Filed by candidate Within period Protestee proclaimed Payment of filing fee Alle gations of fraud Certification against forum shopping PROCEDURE Revision Trial B allots EVIDENCE Election returns Minutes Documentary and Testimonial Evidence co urtesy of Atty. Agra REQts Filed by voter Within period Grounds Position Contested PREPROCLAMATION CONTROVERSY Filed by candidate or political party ANNULMENT OF PROCLAMATION Filed by candidate or political party within period ELECTION OFFENSE Complaint-affidavit Trial Documentary and Testimonial Evidence Two objection rule (oral and written) Documentary and testimonial evidence Elect ion returns Trial Documentary and testimonial evidence Summary proceedings Affidavits Documentary and testimonial evidence QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture. Page 121 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 OTHER LAWS in ELECTION LAW REPUBLIC ACT No. 7941 AN ACT PROVIDING FOR THE ELECTI ON OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM AND APPROPRIATING FUNDS THEREFOR What is the party-list system of election? It is a mechanism of proportional representation in the election of representatives to the House of R epresentatives from marginalized or underrepresented national, regional and sect oral parties, or organizations or coalitions thereof registered with the Commiss ion on Elections (Comelec). It is part of the electoral process that enables sma ll political parties and marginalized and underrepresented sectors to obtain pos sible representation in the House of Representatives, which traditionally is dom inated by parties with big political machinery. Who may participate? Instead of individual candidates, only registered organized groups may participate and thes e are: Sectoral Party an organized group of citizens whose principal advocacy pe rtains to the special interests and concerns of the following sectors: labor, fi sherfolk, peasant, women, urban poor, youth, indigenous, overseas workers, veter ans, cultural communities, professionals, handicapped, elderly Sectoral Organiza tion a group of qualified voters bound together by similar physical attributes o r characteristics, or by employment, interests or concerns. Political Party an o rganized group of qualified voters pursuing the same ideology, political ideas a nd principles for the general conduct of the government; it may be: A national p arty when its constituency is spread over the geographical territory of at least a majority of the regions; and A regional party when a constituency is QuickTim e and its TIFF (Uncompressed) decompressor spread over needed to see this picture . are the geographical territory of at least a majority of the cities and provin ces comprising a region. COALITION an aggrupation of duly-registered national, r egional, sectoral parties or organizations for political and/or election purpose s. May the Comelec remove and/or cancel registration of any entity? 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 on any of the following grounds: 1. It is a religious sect or denomination, organization or association organized f or religious purposes; 2. It advocates violence or unlawful means to achieve its goal; 3. It is a foreign party or organization; 4. It is receiving support from any foreign government, foreign political party, foundation, organization, whet her directly or indirectly or through its officers or members or indirectly thro ugh third parties for partisan election purposes; 5. It violates or fails to com ply with laws, rules or regulations relating to elections; 6. It has made untrut hful statements in its petition; and 7. It has ceased to exist for at least one (1) year from the time the petition is filed. 8. What are the qualifications of a party-list nominee? 1. A natural-born citizen of the Philippines; 2. A registe red voter; 3. A resident of the Philippines for a period of not less than one (1 ) year immediately preceding the election day; 4. Able to read and write; 5. A b ona fide member of the party he seeks to represent for at least ninety (90) days preceding election day; 6. and At least twenty-five (25) years of age on electi on day. NOTE: In case of the youth sector, he must be at least twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who reaches the age of thirty (30) during his term shal l be allowed to continue in office until the expiration of his term. How many se ats are available under the party-list system? Twenty percent (20%) of the total membership in the House of Representatives is reserved for party-list represent atives, or a ratio of one (1) party list representative for every four (4) legis lative district representatives. (20% ALLOCATION) Page 122 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 How does the party-list system enhance the chances or marginalized or underrepre sented parties of winning seats in the House of Representatives? In the party-li st system, no single party may hold more than three (3) party-list seats. Bigger parties which traditionally will dominate elections cannot corner all the seats and crowd out the smaller parties because of this maximum ceiling. This system shall pave the way for smaller parties to also win seats in the House of Represe ntatives. (3-SEAT LIMIT) How shall party-list seats be allocated? [See Veterans Federation Party, et al. vs. Commission on Elections, et al. (G. R. No. 136781, 06 October 2000)]. Party-list seats shall be allocated as follows: 1. The partie s shall be ranked from highest to lowest based on the number and percentage of v otes garnered during the elections; 2. Only a maximum of three seats may be allo wed per party. Seats are allocated at the rate of one seat per 2% of votes obtai ned; and 3. Unallocated seats shall be distributed among the parties, which have not yet obtained the maximum 3 seats, provided they have mustered at least 2% o f votes. NOTE: The variance of percentage in excess of 2% or 4% (equivalent to 1 or 2 seats that have already been obtained, respectively) shall be ranked and b e the basis for allocating the remaining seats. What is the status of the partylist representatives vis--vis representatives of legislative districts in the Hou se of Representatives? Party-list representatives are considered elected Members of the House and as such, entitled to the same deliberative rights, salaries, a nd emoluments as the regular Members of the House of representatives. They shall serve for a term of three (3) years with a maximum of and a (3) consecutive Qui ckTime three TIFF (Uncompressed) decompressor terms. are needed to see this pictu re. REPUBLIC ACT NO. 6646 AN ACT INTRODUCING ADDITIONAL REFORMS IN THE ELECTORAL SYSTEM AND FOR OTHER PURPOSES. How should City Voters vote? The registered vote rs of a highly urbanized city shall not vote in the election for provincial offi cials of the province in which it is located. No component city shall be declare d or classified as a highly urbanized city within sixty (60) days prior to a loc al election. The registered voters of a component city shall be entitled to vote in the election for provincial officials of the province of which it is a part, unless its charter provides otherwise. (Sec. 3) What is the effect of a disqual ification case? Any candidate who has been declared by final judgment to be disq ualified shall not be voted for, and the votes cast for him shall not be counted . If for any reason a candidate is not declared by final judgment before an elec tion to be disqualified and he is voted for and receives the winning number of v otes in such election, the Court or Commission shall continue with the trial and hearing of the action, inquiry, or protest and, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the p roclamation of such candidate whenever the evidence of his guilt is strong. (Sec . 6) Aside from the prohibited acts and election offenses enumerated in Sections 261 and 262 of the Omnibus Election Code (B. P. Blg. 881, as amended), what are the other ELECTION OFFENSES? 1. Any person who causes the printing of official ballots and election returns by any printing establishment, which is not under c ontract with the Commission on Elections and any printing establishment, which u ndertakes such unauthorized, printing. 2. Any member of the board of election in spectors or board of canvassers who tampers, increases, or decreases the votes r eceived by a candidate in any election or any member of the board who refuses, a fter proper verification and hearing, to credit the correct votes or deduct such tampered votes. 3. Any member of the board of election inspectors who refuses t o issue to duly accredited watchers the certificate of votes provided in Section 16 hereof. 4. Any person who violates Section 11 hereof regarding prohibited fo rms of election propaganda. 5. Any chairman of the board of canvassers who fails to give notice of meetings to other members of the board, candidate or politica l party as required under Section 23 hereof. 6. Any person declared a nuisance c andidate as defined under Section 69 of Batas Pambansa Blg. 881, or is otherwise disqualified, by final and executory judgment, who continues to misrepresent hi mself, or Page 123 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 holds himself out, as a candidate, such as by continuing to campaign thereafter, and/or other public officer or private individual, who knowingly induces or abe ts such misrepresentation, by commission or omission, shall be guilty of an elec tion offense and subject to the penalty provided in Section 264 of the same Code . (Sec. 27) REPUBLIC ACT NO. 7166 AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES When may special elections be had? In case a permanent v acancy shall occur in the Senate or House of Representatives at least one (1) ye ar before the expiration of the term, the Commission shall call and hold a speci al election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy. However, in case of such vacancy in the Senate, the special election shall be held simultaneously with th e succeeding regular election.( Sec. 4) How long is the election and campaign pe riod? Regular elections shall commence ninety (90) days before the day of the el ection and shall end thirty (30) days thereafter. The campaign period for Presid ent, Vice-President and Senators shall be ninety (90) days before the day of the election and for Members of the House of Representatives and elective provincia l, city and municipal officials, forty-five (45) days before the day of the elec tion. Any election campaign or partisan political activity for or against any ca ndidate outside of the campaign period herein provided is prohibited and shall b e considered as an election offense punishable under Section 263 and 264 of the Omnibus Election Code. How much may a candidate or registered political party sp end for election campaign? 1. FOR CANDIDATES. - Ten pesos (P10.00) for President and Vice-President; and for other candidates Three aPesos (P3.00) for QuickTime and TIFF (Uncompressed) decompressor every voter needed to see this picture. cur rently registered in the are constituency where he filed his certificate of cand idacy: Provided, That a candidate without any political party and without suppor t from any political party may be allowed to spend Five Pesos (P5.00) for every such voter; and 2. FOR POLITICAL PARTIES. - Five pesos (P5.00) for every voter c urrently registered in the constituency or constituencies where it has official candidates. (Sec. 13) Is the Statement of Contributions and Expenditures require d what is the Effect of Failure to File Statement? Yes. Every candidate and trea surer of the political party shall, within thirty (30) days after the day of the election, file in duplicate with the offices of the Commission the full, true a nd itemized statement of all contributions and expenditures in connection with t he election. No person elected to any public offices shall enter upon the duties of his office until he has filed the statement of contributions and expenditure s herein required. The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement required herein wit hin the period prescribed by this Act. Except candidates for elective barangay o ffice, failure to file the statements or reports in connection with electoral co ntributions and expenditures are required herein shall constitute an administrat ive offense for which the offenders shall be liable to pay an administrative fin e ranging from One thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000. 00), in the discretion of the Commission. The fine shall be paid within thirty ( 30) days from receipt of notice of such failure; otherwise, it shall be enforcea ble by a writ of execution issued by the Commission against the properties of th e offender. (Sec. 14) Are Pre-proclamation Cases Allowed in Elections for Presid ent Vice-President, Senator, and Member of the House of Representatives? As a Ge neral Rule, no pre-proclamation cases shall be allowed on matters relating to th e preparation, transmission, receipt, custody and appreciation of the election r eturns or the certificates of canvass, as the case may be. However, this does no t preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the cert ificate of canvass or election returns before it. Are Pre-proclamation Cases Inv olving Provincial, City and Municipal Offices allowed? When are they terminated? Page 124 of 125

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Pre-proclamation cases involving provincial, city and municipal offices shall be allowed. All pre-proclamation cases pending before the Commission shall be deem ed terminated at the beginning of the term of the office involved and the ruling s of the boards of canvassers concerned shall be deemed affirmed, without prejud ice to the filing of a regular election protest by the aggrieved party. However, proceedings may continue when on the basis of the evidence thus far presented, the Commission determined that the petition appears meritorious and accordingly issues an order for the proceeding to continue or when an appropriate order has been issued by the Supreme Court in a petition for certiorari. How are pre-procl amation controversies commenced? Questions affecting the composition or proceedi ngs of the board of canvassers may be initiated in the board or directly with th e Commission. However, matters raised in relation to the preparation, transmissi on, receipt, custody and appreciation of the election returns, and the certifica tes of canvass shall be brought in the first instance before the board of canvas sers only. Are Partial Proclamations allowed? Yes. Notwithstanding the pendency of any preproclamation controversy, the Commission may summarily order the procl amation of other winning candidates whose election will not be affected by the o utcome of the controversy. How are Election Contests for Municipal Offices resol ved? All election contests involving municipal offices filed with the Regional T rial Court shall be decided expeditiously. The decision may be appealed to the C ommission within five (5) days from promulgation or receipt of a copy thereof by the aggrieved party. The Commission shall decide the appeal within sixty (60) d ays after QuickTime and a TIFF (Uncompressed) decompressor it is submitted for to see this picture. but not later than are needed decision, six (6) months after the filing of the appeal, which decision shall be final, unappealable and execut ory. How should the Congress as the National Board of Canvassers for the Electio n of President and Vice-President perform such function, particularly the Determ ination of Authenticity and Due Execution of Certificates of Canvass? Congress s hall determine the authenticity and due execution of the certificate of canvass for President and Vice-President as accomplished and transmitted to it by the lo cal boards of canvassers, on a showing that: 1. each certificate of canvass was executed, signed and thumbmarked by the chairman and members of the board of can vassers and transmitted or caused to be transmitted to Congress by them; 2. each certificate of canvass contains the names of all of the candidates for Presiden t and Vice-President and their corresponding votes in words and in figures; and 3. there exists no discrepancy in other authentic copies of the certificate of c anvass or discrepancy in the votes of any candidate in words and figures in the certificate. When the certificate of canvass, duly certified by the board of can vassers of each province, city or district, appears to be incomplete, the Senate President shall require the board of canvassers concerned to transmit by person al delivery, the election returns from polling places that were not included in the certificate of canvass and supporting statements. Said election returns shal l be submitted by personal delivery within two (2) days from receipt of notice. When it appears that any certificate of canvass or supporting statement of votes by precinct bears erasures or alterations which may cast doubt as to the veraci ty of the number of votes stated therein and may affect the result of the electi on, upon request of the Presidential or Vice-Presidential candidate concerned or his party, Congress shall, for the sole purpose of verifying the actual number of votes cast for President and Vice-President, count the votes as they appear i n the copies of the election returns submitted to it. Page 125 of 125