©
ATENEO
CENTRAL
BAR OPERATIONS 2019
JORGE ALFONSO C. MELO
Bar Review Coordinator
LEILA S. LIM
Bar Review Secretariat
ATENEO CENTRAL BAR OPERATIONS
PATRICK EDWARD BALISONG
Chairman
KATRINA Y. COSCOLLUELA
GENICA THERESE ENDALUZ
JONATHAN VICTOR NOEL
JOHN STEPHEN PANGILINAN
CZARINA CHER CUERPO
BENIGNO ENCISO
Administration Committee Heads
Academics Committee Heads
Hotel Operations Committee Heads
ATTY. MA. NGINA TERESA CHAN-GONZAGA
ATTY. DIANNA LOUISE DELA GUERRA
ATTY. MARIA LUISA ISABEL ROSALES
ATTY. ALBERTO AGRA
POLITICAL LAW Faculty Advisers
JAN DOMINIC CASTRO
PAUL RICO TAN
ALYANNA MARIE MANALANG
CZARINA MICHAELLA PLEYTO
MARION IYA MERILLES
POLITICAL LAW Subject Heads
EUNICE A. MALAYO
FRANCES CHRISTINE F. SAYSON
Central Bar Operations
Academics Understudies
STEPHEN ESPIRITU
SELINA MIRANDA
VEYA JOSEF
PRAM MENGHRAJANI
GE-AN SALUD
GIA MORDENO
MARK VERGARA
HIDEYUKI SATO
MARJOLAINE DE CASTRO
JASON DIZON
POLITICAL LAW Volunteers
FELEO QUIJANO
JOHN CARILLO
ANTOINETTE DUQUE
HAZEL SEGOVIA
NICO CALDOZO
ATENEO CENTRAL
POLITICAL LAW
BAR OPERATIONS 2019
THE PHILIPPINE CONSTITUTION
A.
B.
C.
CONSTITUTION: DEFINITION, NATURE
AND CONCEPTS
PARTS
AMENDMENTS AND REVISIONS
c.
Q: Differentiate Amendments from Revisions:
Amendment
Revision
Change in the Constitution
Purpose is to
improve specific parts
Limitations:
1. No amendment in this manner within
5yrs from ratification of 1987
Constitution;
2. No amendment in this manner more
often than once every 5yrs
thereafter.
3. Applies only to Amendments, NOT
revisions. (Phil. Const, art. XVII, §2)
Purpose is to
examine entirety
Affects only the specific Affects several
provision amended
provisions
Affects
Adds, reduces, deletes basic principles
WITHOUT
altering basic principle Affects
substantial entirety
Ex: extending the term
limit of members of
House of
Representatives;
reduction of voting age
from 18 to 15 years
Ex: shift from
presidential to
parliamentary
system; altering the
principle of
separation of powers
or the system of
checks-and-balances
II.RATIFICATION
Proposed amendment becomes part of the
Constitution when ratified by a MAJORITY of
votes cast in a plebiscite held not earlier than 60
days nor later than 90days AFTER approval of
the proposal by Congress, or the Constitutional
Convention, or after certification by COMELEC of
the sufficiency of the petition under Sec.2, Art.
XVII. (Phil. Const, art. XVII, §4)
D.
Q: How to determine whether change is an
Amendment or a Revision:
Two-Part Test in Lambino v. COMELEC, GR No.
174153, Oct. 25, 2006:
•
First: Quantitative test - Whether the change
is so extensive as to change the “substance
entirety” by the number of provisions affected
without considering the degree of change
• Second: Qualitative Test - Whether the
change will affect the nature of the basic
governmental plan
Q: Steps in the Amendatory Process:
I. PROPOSAL
a. Congressional Assembly (ConAss) - by a
vote of % of ALL its members (3/4 Senate
and 3/4 HOR) (Phil. Const, art. XVII, §2)
b. Constitutional Convention (ConConf
How called:
1. Congress may call a ConCon by a
2/3 vote of all its members
2. By a majority vote of all its members,
Congress may submit to the
electorate the question of whether to
call a Constitutional Convention or
not (Phil. Const, art. XVII, §3)
People’s Initiative
Requirements:
1. Petition must be signed be at least
12%
of
ALL
REGISTERED
VOTERS.
2. Every legislative district represented
by at least 3% of the registered
voters therein.
E.
SELF-EXECUTING AND NON-SELF
EXECUTING PROVISIONS
GENERAL PROVISIONS
Q: Are Constitutional provisions selfexecutory?
GR: Self-Executory - Complete in itself;
operative without the aid of supplementary or
enabling legislation; supplies a sufficient rule by
means of which the right is grants may be
enjoyed or protected.
XPN: Those that only lay down gen. principles
such as Art. II; do not bestow rights; do not
elevate privileges to the level of enforceable
rights but merely specify guidelines for Legislative
and Executive action.
EXCEPTION TO EXCEPTION:
• Article II Sec. 16 on the right to a balanced
and healthful ecology is self-executing
(Oposa v. Factoran, G.R. No. 101083, July
30, 1993).
• Article II, Sec. 15 on the right to health is
also self-executing (Imbong v. Ochoa, G.R.
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•
No. 204819, 2014).
Right to full public disclosure of all the State’s
transactions
involving
public interest.
(Province of North Cotabato v. GRP, G.R.
No. 204819, 2014)
PRELIMINARY PROVISIONS AND
BASIC CONCEPTS
A.
1.
12 nautical
miles from
baselines
Absolute
sovereignty
24 nautical
miles from
baselines
Enforcement
of customs,
fiscal,
immigration,
and sanitation
laws
200 nautical
miles from
baselines
Exploitation of
living and
non-living
resources
Submerged
prolongation of
the land
territory
Sovereign
rights of
exploration
and
exploitation of
living and
non-living
resources of
the seabed
NATIONAL TERRITORY
ARCHIPELAGIC DOCTRINE
Q: What is the archipelagic doctrine?
It is a doctrine of national territory articulated in
the second sentence of Sec. 1, Art. I: “The waters
around, between, and connecting the islands of
the archipelago, regardless of their breadth and
dimensions, forms part of the internal waters of
the Philippines.”
It is based on the principle that an archipelago,
which consists of a number of islands separated
by bodies of water, should be treated as one
integral unit. (Magallona v. Ermita, G.R. No.
187167, 2011)
Q: What are the 3 basic principles of
archipelagic States?
1. An archipelagic State may draw straight
baselines connecting the outermost points of
the outermost islands and drying reefs of the
archipelago from which the extent of the
territorial sea of the archipelagic state is, or
may be determined.
2. The waters within the baselines, regardless
of their depth or distance from the coast, the
seabed and the subsoil, and the superjacent
airspace, as well as all their resources,
belong to, and are subject to the sovereignty
of the archipelagic State.
3. Innocent passage of foreign vessels
through the waters of the archipelagic State
shall be allowed in accordance with its
national legislation, having regard to the
existing rules of international law. Such
passage shall be through sea lanes as may
be designated for the purpose by the
archipelagic State. (Magallona citing Art. 49,
UNCLOS III).
Exclusive
Economic
Zone
Continental
Shelf
Q: What is the treatment of the Baselines Law
(RA 9522) to the Kalayaan Group of Islands?
The Kalayaan Island Group (KIG), also known as
the Spratlys, and the Bajo de Masinloc, also
known as Scarborough Shoal, were NOT
included in the islands enclosed by the Philippine
archipelagic baselines, and are instead treated as
"regime of islands."
Had Congress in RA 9522 enclosed the KIG and
the Scarborough Shoal as part of the Philippine
archipelago, adverse legal effects would have
ensued. The Philippines would have committed a
breach of two provisions of UNCLOS III. First,
Article 47 (3) of UNCLOS III requires that ‘[t]he
drawing of such baselines shall not depart to any
appreciable extent from the general configuration
of the archipelago.’ Second, Article 47 (2) of
UNCLOS III requires that ‘the length of the
baselines shall not exceed 100 nautical miles,’
save for 3% of the total number of baselines
which can reach up to 125 nautical miles.
(Magallona v. Executive Secretary, G.R No.
187167, July 16, 2011).
Q: What is the extent of our maritime zones?
O- What
w> kiiw ■ ■
U UIUIIII
to the KIG (the Spratly Islands) and
Scarborough Shoal?
It is based on Art. 1 of the 1987 Constitution,
which states that the national territory includes
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“all other territories over which the Philippines has
sovereignty or jurisdiction.”
B.
Q: Is the use of the framework of Regime of
Islands in RA9522 to determine the Maritime
Zones of the KIG and the Scarborough Shoal
inconsistent with the Philippines’ claim of
sovereignty over these areas?
No. Far from surrendering the Philippines’ claim
over the KIG and the Scarborough Shoal,
Congress’ decision to classify the KIG and the
Scarborough Shoal as “Regime of Islands” under
the Republic of the Philippines is consistent with
Art. 121 of UNCLOS III and manifests the
Philippine State’s responsible observance of its
pacta sunt servanda obligation under UNCLOS
III. Under this article, any “naturally formed area
of land, surrounded by water, which is above
water at high tide”, such as the KIG, qualifies
under the category of “regime of islands” whose
lands generate their own applicable maritime
zones (Magallona v. Ermita, G.R. No. 187167,
July 16, 2011).
Q: What is the treatment of the Scarborough
Shoal following the South China Sea
Arbitration?
As a high tide elevation, Scarborough Shoal is
entitled to its own territorial sea of 12 nautical
miles. The waters surrounding Scarborough
Shoal do not form part of the exclusive economic
zone of the Philippines. (The South China Sea
Arbitration, 2013-19, July 12, 2016)
Q: Who has historical fishing rights in
Scarborough Shoal?
Fishermen of Philippines, China, and other
countries have long fished at Scarborough Shoal
and have traditional fishing rights within the area.
By preventing Philippine fishermen from
accessing the shoal, China violated its duty to
respect the traditional fishing rights of these
Filipino fishermen. (The South China Sea
Arbitration, 2013-19, July 12, 2016)
Q: Who has the exclusive right to construct
artificial islands or structures on low-tide
elevations (LTEs)?
A coastal state wherein an LTE is found within its
EEZ has the exclusive right to construct artificial
islands or structures on the said LTE. Only the
Philippines has the exclusive right to construct
artificial islands or structures in Ayungin Shoal an LTE within the Philippines EEZ. (The South
China Sea Arbitration, 2013-19, July 12, 2016)
DECLARATION OF PRINCIPLES AND
STATE POLICIES
Q: What is “Soft Law”?
“Soft law” are non-binding norms, principles and
practices that influence state behavior such as
certain declarations and resolutions of the UN
General Assembly like the UN Declaration of
Human Rights (UDHR) (Pharmaceutical and
Health Care Association of the Philippines v.
Duque III).
Q: Does “soft law” form part of the law of the
land by the doctrine of incorporation?
It depends. For an international rule to be
considered as customary law, it must be
established that such rule is being followed by
states because they consider it obligatory to
comply with such rules (opinio juris). Unless it can
be shown that this soft law has been enforced,
practiced and considered as binding by states,
soft law cannot be deemed to form part of the law
of the land. (Pharmaceutical and Health Care
Association of the Philippines v. Duque III,G.R.
No. 173034, 2007).
Q:
Can the BIR impose additional
requirements for obtaining a refund that is
based on an international agreement?
No. The Constitution provides for adherence to
the general principles of international law as part
of the law of the land. Obligations under a treaty
must be complied with in good faith. The BIR
must not impose additional requirements that will
negate the availment of the reliefs paid for under
international agreement (Deutsche Bank v. CIR,
G.R. No. 188550, August 19, 2013).
Q: How is standing treated in actions for
violations of environmental laws?
The enactment of the Rules of Procedure for
Environmental Cases enabled litigants enforcing
environmental rights to file their cases as citizen
suits. It liberalized standing for all cases filed
enforcing environmental laws and collapses the
traditional rule on personal and direct interest,
based on the principle that humans are stewards
of nature. (Resident Marine Mammals v. Reyes,
G.R. No. 180771, 2015).
Q: Do animals have standing?
No. The need to give the Resident Marine
Mammals legal standing has been eliminated by
our Rules, which allow any Filipino citizen, as a
steward of nature, to bring a suit to enforce our
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environmental laws. It is worth noting here that
the Stewards are joined as real parties in the
Petition and not just in representation of the
named cetacean species. The Stewards having
shown in their petition that there may be possible
violations of laws concerning the habitat of the
Resident Marine Mammals, are therefore
declared to possess the legal standing to file this
petition. (Resident Marine Mammals v. Reyes,
G.R. No. 180771, 2015).
Q: What are the requisites for a party to avail
of the writ of kalikasan?
(1)
There is an actual or threatened violation
of the constitutional right to a balanced and
healthful ecology;
(2)
The actual or threatened violation arises
from an unlawful act or omission of a public
official or employee, or private individual or
entity; and
(3)
The actual or threatened violation involves
or will lead to an environmental damage of
such magnitude as to prejudice the life,
health or property of inhabitants in two or
more cities or provinces (LNL Archipelago,
2016)
C.
D.
E.
SEPARATION OF POWERS
CHECKS AND BALANCES
STATE IMMUNITY
Q: Does consent to be sued include consent
to be bound by the judgment or decision?
No. Consent to be sued does not include consent
to the execution of judgment against it. Such
execution will require another waiver because the
power of the court ends when judgment is
rendered, since government funds and properties
may not be seized under writs of execution or
garnishment, unless such disbursements are
covered by appropriation as required by law
(Republic v. Villasor, G.R. No. L-30671,
November 28, 1973).
Q: Is ATO covered by state immunity from
suit?
No. ATO does not enjoy sovereign immunity
because even if it is unincorporated, it is involved
in the management and operation of an airport
which is a proprietary function.
While an
unincorporated agency is clothed with sovereign
immunity when
performing
governmental
function, the same privilege is not enjoyed by an
agency performing proprietary function (ATO v.
David, 2011).
Q: When a private corporation entered into
exploration and development of natural
resources with the State, will it be covered by
state immunity?
No. It did not become an agent of the State by
virtue of a Service Contract which did not
constitute Shell to represent the State in dealing
with third persons. The contract merely gave rise
to a contractual commitment on the part of Shell
to undertake extraction and exploration but never
to represent the State in its dealings (Shell
Exploration Philippines v. Jalos, 2010).
LEGISLATIVE DEPARTMENT
A.
LEGISLATIVE POWER
a.
SCOPE AND LIMITATIONS
Q: May Congress provide the criteria
necessary for the creation of a city, including
the conversion of a municipality into a city in
another law?
No, while the constitution requires the Congress
to stipulate in the Local Government Code all the
criteria necessary for such, it cannot be justified
to insist that the Constitution must have to yield
to every amendment to the LGC despite the
amendment imminently producing effects
contrary to the original thrusts of the LGC. Income
is changed from 20 to 100 million and meets
either of the following: a) contiguous territory of
2000 square kilometers; b) population not less
than 250,000. HOWEVER, Congress clearly
intended that the local government units covered
by the Cityhood Laws be exempted from the
coverage of RA 9009, which imposes a higher
income requirement of 100 million for the creation
of cities. Cityhood laws were VALID. (League of
Cities of the Phil, et al. v. COMELEC, et at., G.R.
No. 176951; G.R. No. 177499; G.R. No. 178056,
2011 and Local Government Code, Sec. 461).
LIMITATION:
So long as the amendment is germane to the
subject of the bills before the Committee.
(Tolentino v. Sec. of Finance, supra).
(Limitation on legislative power
i. Limitations on revenue, appropriations
and tariff measures
ii. Presidential veto and Congressional
override
Q: What are the limitations to Congress’
plenary power of legislation?
1. Substantive - Limits the content of laws
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Express limitations
• No ex post facto laws
• No bill of attainder
• Congress
may
not
increase
appropriations recommended by the
President for the operation of
government as specified in the
budget. (Sec. 25(1), Art. VI).
• No public money or property shall be
appropriated, applied, paid, or
employed, directly or indirectly for
the use, benefit, or support of any
sect,
church,
denomination,
sectarian institution, or system of
religious teacher, or dignitary as
such, EXCEPT when such priest,
preacher, minister, or dignitary is
assigned to the:
i.
armed forces, or
ii.
any penal institution, or
iii. government orphanage, or
iv. government leprosarium (Sec.
29(2), Art. VI).
• No law increasing the appellate
jurisdiction of the SC without its
advice and concurrence. (Sec. 30,
Art. VI).
• All revenues and assets of non­
stock,
non-profit
educational
institutions used actually, directly,
and exclusively for educational
purposes shall be exempt from taxes
ad duties. (Sec. 4(3), Art. XIV).
• No law granting a title of royalty or
nobility shall be passed. (Sec. 31,
Art. VI).
b. Implied
• Non-delegation of legislative powers:
delegate potestas non potest
delegari.
• Prohibition against the passage of
irrepealable laws
Procedural
a. One-title-one-subject
(proscription
against riders)
b. Three readings on separate days
EXCEPT:
1. When the president certifies to its
immediate enactment to meet a
public calamity or emergency.
(Sec.26, Art. VI).
2. Calling for a special election during
vacancy in the offices of the
President and Vice-President (Sec.
10, Art VII).
Q: What are the non-legislative functions of
Congress?
1. To act as national board of canvassers for
President and Vice President. (Art. VII, sec.
4).
2. To decide whether the President is
temporarily disabled in the event he
reassumes his office after the Cabinet, by a
majority of vote of its members, declares that
he is unable to discharge the powers and
duties of his office. (Art. VII, sec. 11).
3. To concur in the grant of amnesty by the
President. (Art. VII, sec. 19).
4. To initiate (HOR) and, to try all cases of
impeachment (Senate), against the:
a. President
b. Vice President
c. Members of the SC
d. Members
of
the
Constitutional
Commissions
e. Ombudsman
For any of the following offenses:
i. culpable violation of the Constitution
ii. treason
iii. bribery
iv. graft and corruption
v. betrayal of public trust
vi. other high crimes
(Art. XI, Sec. 2-3).
5. To act as a constituent assembly for the
revision or amendment of the Constitution.
(Art. XVII).
b. PRINCIPLE OF NON DELEGABILITY;
EXCEPTIONS
B.
1.
2.
(a)
HOUSES OF CONGRESS
SENATE
HOUSE OF REPRESENTATIVES
District representatives and questions of
reapportionment
Q: What is the rule on Apportionment of
Legislative Districts? (Phil. Const, art. VI, §5)
1. It must be based on uniform and progressive
ratio;
2. Each city with at least 250,000 inhabitants
shall be entitled to at least 1 representative;
3. Each province, irrespective of number of
inhabitants, shall be entitled to at least 1
representative;
4. Each legislative district shall comprise, as far
as practicable, contiguous, compact, and
adjacent territory. No gerrymandering; and
5. Reapportionment is done by Congress within
3 years following the return of every census.
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Q: Is Congress precluded from increasing its
membership in excess of 250 based on Sec.
5, Art. VI?
No, the Constitution does not preclude Congress
from increasing its membership by passing a law
other than a general apportionment law (Mariano
v. COMELEC).
Q: May Congress validly delegate to the
ARMM Regional Assembly the power to
create Legislative Districts?
No, nothing in Sec. 20, Art. X authorizes
autonomous regions, expressly or impliedly, to
create or reapportion legislative districts. This
power is vested exclusively in Congress.
Accordingly, Sec. 19, Art. VI of R.A. 9054
granting the ARMM Regional Assembly the
power to create provinces and cities, is VOID for
being contrary to Sec. 5, Art. VI, and Sec. 20, Art.
X, as well as Sec.3 of the Ordinance appended to
the Constitution (Sema v. COMELEC, 2008).
Q: Is the population requirement of 250,000 an
indispensable Constitutional requirement for
the creation of a new legislative district?
Distinction must be made between the
entitlement of a city to a district on one hand, and
the entitlement of a province to a district on the
other. While a province is entitled to at least 1
representative regardless of population, a city
must initially meet a minimum population of
250,000 in order to be similarly entitled (Aquino v.
COMELEC, G.R. No. 189793, 2010.)
of the total votes casts occupy a seat in the
House?
Yes. The additional seats (those remaining after
allocation of the guaranteed seats to those with a
minimum of 2%), shall be distributed to the partylist organizations including those that received
less than two percent of the total votes. (Atong
Paglaum v. COMELEC, G.R. No. 203766, 2013).
Q: How can a party-list join an electoral
contest?
It must undergo the process of (1) registration
and (2) accreditation. Registration bestows
juridical personality; Accreditation relates to the
privileged participation that our election law grant
to qualified registered parties. Registration
precedes accreditation (Magdalo v. COMELEC,
G.R. 190793, 2012).
Q: What are the parameters on parties
participating in the party list elections?
a. Three different groups may participate in the
party-list system: (1) national parties or
organizations, (2) regional parties or
organizations, and (3) sectoral parties or
organization
b.
National parties or organizations and regional
parties or organizations do not need to
organize along sectoral lines and do not need
to represent any “marginalized and
underrepresented” sector.
c.
Political parties can participate in party-list
elections provided they register under the
party-list system and do not field candidates
in legislative district elections. A political
party, whether majority or not, that fields
candidates in legislative district elections can
participate in party-list elections only through
its sectoral wing that can separately register
under the party-list system. The sectoral wing
is by itself an independent sectoral party, and
is linked to a political party through a
coalition.
d.
Sectoral parties or organizations may either
be “marginalized and underrepresented” or
lacking
in
well-defined
political
constituencies." It is enough that their
principal advocacy pertains to the special
interest and concerns of their sector. The
sectors
that
are “marginalized
and
underrepresented” include labor, peasant,
fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and
overseas workers. The sectors that lack
Q: To be entitled to an additional district, does
a city have to increase its population by
another 250,000?
No, while Sec. 5(3), Art. VI requires a city to have
a minimum population of 250,000 to be entitled to
a representative, it does not have to increase its
population by another 250,000 to be entitled to an
additional district.
Q: In case of vacancy in the Senate or the
HOR, is it mandatory to fill up the vacancy?
No, Sec. 9 of Art VI provides, “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 (See also Tolentino v.
COMELEC, G.R. No. 187958, 2004).
(b) Party-list system (R.A. No. 7941)
Q: Can party lists that garnered less than 2 %.
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“well-defined political constituencies” include
professionals, the elderly, women, and the
youth.
e. A majority of the members of sectoral parties
or organizations that
represent the
“marginalized and underrepresented” must
belong
to
the
“marginalized
and
underrepresented” sector they represent.
Similarly, a majority of the members of
sectoral parties or organizations that lack
“well-defined political constituencies” must
belong to the sector they represent. The
nominees of sectoral parties or organizations
that represent the “marginalized and
underrepresented,” or that represents those
who
lack
“well-defined
political
constituencies,” either must belong to their
respective sectors, or must have a track
record of advocacy for their respective
sectors. The nominees of national and
regional parties or organizations must be
bona-fide members of such parties or
organizations.
f.
National, regional, and sectoral parties or
organizations shall not be disqualified if some
of their nominees are disqualified, provided
that they have at least one nominee who
remains qualified (Atong Paglaum, supra).
Q: Are sectoral parties required to adduce
evidence showing their track record that they
have undertaken to further the cause of the
sector they represent?
No. It is sufficient that their ideals are geared
towards the cause of the sector they represent
(Abang-Lingkod v. COMELEC, G.R. No. 206952,
2013):
C. PRIVILEGES, INHIBITIONS AND
DISQUALIFICATIONS
Q: Can a Congressman be preventively
suspended by the Sandiganbayan for
violation of Anti-Graft Law notwithstanding
the exclusive power of Congress to discipline
its member?
Yes. The suspension contemplated in Article VI,
Section 16(3) of the Constitution is a punishment
that is imposed by the Senate or House of
Representatives upon an erring member. It is
distinct from the suspension under Section 13 of
the Anti-Graft and Corrupt Practices Act, which is
not a penalty but a preventive measure. Since
Section 13 of the Anti-Graft and Corruption
Practices Act does not state that the public officer
must be suspended only in the office where he is
alleged to have committed the acts which he has
been charged, it applies to any office which he
may be holding. (Santiago v. Sandiganbayan,
G.R. No. 128055, 2001)
Q:
Compare
and
contrast
the
disqualifications from holding incompatible
offices in the Constitution:
Congress
(Senate
&HOR)
President's
official family
AFP
in active
service
Basis
Sec. 13,
Art. VI
Sec. 13,
Art. VII
Sec. 5(4),
Art. XVI
No
other
office
or
employ
ment
in:
Gov’t, its
subdivision,
agency,
instrumenta
lity, GOCC
Private corp. /
gov’t; no
practice of
profession; no
business
interest or
transaction
with the
government.
Civilian
position in
government,
GOCCs, or
intrumentalit
ies
During
Term
Tenure
Tenure
Financi
al
Interest
Cannot be
financially
interested
directly or
indirectly in
any
contract,
franchise,
or special
privilege
granted by
the
Governmen
t, or any
subdivision,
agency or
instrumenta
lity thereof,
They shall not
be directly or
indirectly,
practice any
other
profession,
participate in
any business,
or be
financially
interested in
any contract
with, or in any
franchise, or
special
privilege
granted by the
Government or
N/A
Q: Is preventive suspension considered
“interruption” of a term under Sec. 8, Art. X
and Sec. 43(b) of R.A. 7160?
No, a preventive suspension cannot simply be
considered an interruption because the
suspended official continues to stay in office
although barred from exercising the functions and
prerogatives of the office within the suspension
period. The best indicator of the suspended
official’s continuity in office is the absence of a
permanent replacement and the lack of the
authority to appoint one since no vacancy exists
(Aldovino v. COMELEC, G.R. No. 184836, 2009).
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Congress
(Senate
&HOR)
President’s
official family
AFP
in active
service
Sec. 13,
Art. VI
Sec. 13,
Art. VII
Sec. 5(4),
Art. XVI
No
other
office
or
employ
ment
in:
Gov’t, its
subdivision,
agency,
instrumenta
lity, GOCC
Private corp. /
gov’t; no
practice of
profession; no
business
interest or
transaction
with the
government.
Civilian
position in
government,
GOCCs, or
intrumentalit
ies
During
Term
Tenure
Tenure
including
any GOCC
or its
subsidiary.
any
subdivision,
agency, or
instrumentality
thereof,
including
governmentowned or
controlled
corporations or
their
subsidiaries.
Basis
( P h il .
C o n s t , art.
Vi, § 1 4 )
Nature of
Proceeding
To Concur in a
Treaty
2/3 of All
Sec. 21, Art.
VII
Conviction in
Impeachment
2/3 of All
See. 3(6), Art.
XI
I
House of Representatives
Affirm/Override
Resolution to
Impeach
1
Q: What are the voting majorities required in
Congress?
1/3 of All
1
Sec. 3(3), Art.
XI
Common to Both
1
Discipline
Members
2/3 of All
Sec. 16(3)
Election of
Officers
Majority of All
Sec. 16(1)
Declare the
Existence of a
State of War
2/3 of Both
Houses,
voting
separately
Sec. 23
Override
President's
Veto
2/3 of All in
the House of
Origin
Sec. 27(1)
Quorum to do
business
Majority w/in
Compulsive
Power of the
House
Sec. 16(2);
Avelino v.
Cuenco
Tax Exemption
Majority of All
Sec. 28(4)
Confirmation of
new VP
nominated by
President
Majority of
Both Houses,
voting
separately
Sec. 9, Art. VII
Determination
that Pres.
Unable to
discharge
powers
& duties
2/3 of Both
Houses,
voting
separately
Sec. 11, Art.
VII
DISCIPLINE OF MEMBERS
PROCESS OF LAW MAKING
QUORUM AND VOTING MAJORITIES
Q: What is the basis for determining the
existence of a quorum in the Senate?
The basis in determining the existence of a
quorum in the Senate is the total number of
Senators who are in the country and within the
coercive jurisdiction of the Senate. Those who
are out of the country, cannot be contacted, or
incapacitated will not be included in the total
number of the Senators for the purpose of
counting majority or quorum. (Avelino v. Cuenco,
G. R.Np.L-2821, 1949).
Basis
Senate
(P h il . C o n s t .
art. VII, § 1 3 )
D.
E.
F.
Required
Votes
To break a tie in Majority of All,
presidential
voting
election
separately
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Revocation of
Proc. Of Martial
Law/
Suspension of
Priv. of Writ of
Flabeas Corpus
Majority of All,
voting jointly
Sec. 18, Art.
VII
Extension of
Proc.
Of
ML/Suspension
of Priv. of WHC
Majority of All,
voting jointly
Sec. 18, Art.
VII
To Concur w/
President in
granting
amnesty
G.
Majority of All
Sec. 19, Art.
VII
APPROPRIATION AND RE-ALIGNMENT
Q: What does the pork-barrel system violate?
A. Violates the principle of separation of powers
by allowing legislators to wield post­
enactment authority in the implementation or
enforcement of the budget, unrelated to
congressional oversight, and assume duties
that properly belong to the sphere of budget
execution.
B. Constitutes an undue delegation of legislative
power insofar as it confers post-enactment
identification
authority
to
individual
legislators. The power of appropriation is
lodged in Congress as a body.
C. Violates the principle of checks and
balances; as legislators make intermediate
appropriations only after the GAA is passed
and hence, outside of the law. It necessarily
means that the actual items of PDAF
appropriation would not have been written
into the General Appropriations Bill and thus
effectuated without veto consideration. This
kind of lump-sum/post-enactment legislative
identification budgeting system fosters the
creation of a “budget within a budget" which
subverts the prescribed procedure of
presentment and consequently impairs the
President's power of item veto.
D. Violates the principle of local autonomy; with
PDAF, a Congressman can simply bypass
the local development council and initiate
projects on his own, and even take sole credit
for its execution. (Belgica v. Ochoa, G.R. No.
208566, 2013).
25(5)?
1. There is a law authorizing the President,
Senate President, Speaker, Chief Justice,
and
heads
of
the
Constitutional
Commissions;
2. The funds to be transferred are savings
generated from the appropriations for their
respective offices; and
3. The purpose of the transfer is to augment an
item in the general appropriations law for
their respective offices. (Araullo v. Aquino,
G.R. No. 209287, 2014).
Q: Considering the above requisites, what
activities
under
the
DAP
are
unconstitutional?
1. The withdrawal of unobligated allotments
from the implementing agencies and the
declaration of the withdrawn unobligated
allotments and unreleased appropriations as
savings prior to the end of the fiscal year and
without complying with the statutory definition
of savings contained in the General
Appropriations Act;
2. Cross-border transfers of savings of the
executive department to offices outside the
executive department;
3. Funding of projects, activities, programs not
covered by appropriations in the General
Appropriations Act (Araullo v. Aquino, supra).
Q: When can the President exercise the power
of augmentation?
The President may, by law, be authorized to
augment any item in the General Appropriations
Law, their respective offices from savings in other
items of their respective appropriations (Phil .
Const, art. VI, §25; Sanchez v. COA).
Congressional pork barrel is unconstitutional
(PERLAS-BERNABE)
1. Violates the doctrine of separation of
powers - Congress intrudes in the execution
of the project. It grants the legislators the
authority to participate in post-enactment
phases of project implementation and the
power to identify the project they decided to be
funded through 2013 PDAF Articles
2. Violates the non-delegability of legislative
power - When legislators are given a
personal lump-sum fund for which they are
able to dictate and personally determine the
amount of fund to be used and its beneficiary,
the principle of non-delegability is violated
since the power to appropriate is done by law
Q: What are the requisites for the valid
transfer of appropriated funds under Sec
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and lodged with Congress collectively and not
with its individual members
3. Violates Checks and Balance - The
President cannot exercise his item-veto power
because the purpose of the lump-sum
discretionary budget is still uncertain.
Furthermore, it cannot be considered an item
because an item is defined in the field of
appropriations as the particulars, details,
distinct and severable parts of the
appropriation or of the bill.
4. Violates Accountability under Article XI,
Section 1 of the Constitution - The fact that
individual legislators are given postenactment roles in the implementation of the
budget makes it difficult for them to become
disinterested “observers when scrutinizing,
investigating or monitoring the implementation
of the appropriation law {Belgica v. Hon.
Ochoa, 2013)
Malampaya and Presidential Social Fund
violates the non-delegability of legislative
power (PERLAS-BERNABE)
• Malampaya fund - The phrase "and for such
other purposes as may be hereafter directed
by the President" under Section 8 of PD 910
constitutes an undue delegation of legislative
power insofar as it does not lay down a
sufficient standard to adequately determine
the limits of the President's authority with
respect to the purpose for which the
Malampaya Funds may be used. (Belgica v.
Hon. Ochoa, 2013)
• Presidential Social Fund - "to finance the
priority infrastructure development projects"
under Section 12 of Presidential Decree No.
1869, as amended by Presidential Decree No.
1993, for both failing the sufficient standard
test in violation of the principle of non­
delegability of legislative power. (Belgica v.
Hon. Ochoa, 2013
H.
LEGISLATIVE
INQUIRIES
OVERSIGHT FUNCTIONS
AND
Q: Differentiate legislative inquiries under
Sec. 21 and 22 of Art VI:
Question Hour
H W
B B IW
Inquiry in Aid of
Legislation
Sec. 21, Art. VI
Oversight Function
Purpose is to Elicit
information that may
be used for
legislation
Exceptions as to
persons include:
"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.”
(Sectionl, EO 464) i
Exceptions as to
persons include:
(1) President
(2) Supreme Court
Justices
(3) Members of the
AFP if prevented by
the President as the
Commander-In-Chief
(Gudani v. Senga,
2006)
Exception as to information:
(1) Executive privilege which must be
invoked by the President himself or
through the Executive Secretary by
authority of the President (Senate v.
Ermita, 2006)
(2) Privileged information, e.g., national
defense, diplomatic, military secrets.
(3) Right against self-incrimination
Discretionary
Mandatory
Q: Does the sub judice rule apply in inquiries
in aid of legislation?
No. The sub judice rule does not apply in inquiries
in aid of legislation. The Senate Rules of
Procedure Governing Inquiries in Aid of
Legislation provide that the filing or pendency of
any prosecution of criminal or administrative
action should not stop or abate any inquiry to
carry out a legislative purpose. Hence, no
individual can escape the power of the Senate to
investigate, even if he or she has a pending
administrative or criminal case. (Sabio v. Gordon,
G.R. No. 174340, October 17, 2006).
(b) Bicameral conference committee
Q: What is the scope of the Bicameral
The Bicameral Conference Committee may:
1. Adopt the Bill entirely; or
2. Amend; or
3. Revise; or
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4.
Reconcile the House Bill and the Senate
Bills;
5. Propose entirely new provisions not found in
either the House Bill or the Senate Bill.
(Amendments in the nature of a substitute)
I.
J.
POWER OF IMPEACHMENT
ELECTORAL TRIBUNALS
Q: When does the Electoral Tribunal’s
jurisdiction begin?
The HRET may assume jurisdiction only after the
candidate is considered a member of the House
of Representatives. To be considered a member,
there must be:
1. Valid proclamation;
2. A proper oath; and
3. Assumption of the functions of the office
as a member of the House (Reyes v.
Comelec, G.R. No. 207264, 2013).
K.
COMMISSION ON APPOINTMENTS
Q: What is the minimum required number of
elected senators belonging to the same
political party in order for the party to qualify
for a seat in the CA?
A political party must have at least 2 elected
senators for every seat in the CA. (Guingona v.
Gonzales, G.R. No. 106971, 1993).
Q: Is it mandatory to elect 12 senators and 12
members of the HOR to the CA?
No, the Constitution does not contemplate that
the CA must necessarily include 12 senators and
12 members of the HOR. What it requires is that
there be at least a majority of the entire
membership. (Guingona v. Gonzales, supra).
Q: Is the rule on proportional representation
in Sec. 18, Art. VI mandatory?
Yes, it is mandatory and does not leave any room
for discretion to the majority party in the House to
disobey or disregard the rule on proportional
representation. Otherwise, the party with the
majority representation can by sheer force of
number impose its will on the hapless minority.
Sec. 18 is in effect, a check on the majority party.
(Guingona v. Gonzales, supra).
PRIVILEGES, INHIBITIONS AND
DISQUALIFICATIONS
PRESIDENTIAL IMMUNITY
Q: When is the President immune from suit?
• During tenure: for both official and
unofficial acts;
• After tenure: only for official acts
Once out of office, even before the end of the sixyear term, immunity for non-official acts is lost
(Estrada v. Desierto, G.R. No. 146710, 2001).
Q: What is covered by presidential immunity
from suit?
It extends to official acts of the president during
tenure. Unlawful acts of public officials are not
acts of the State and the officer who acts illegally
is not acting as such but stands in the same
footing as any other trespasser. (Estrada v.
Desierto, G.R. No. 146710-15, 2001).
Q: May it be invoked by a Department
Secretary?
No, even if the DECS Secretary is an alter ego of
the President, the President’s immunity from suit
cannot be invoked because the questioned acts
are not the acts of the President but merely those
of a Department Secretary. (Gloria v. CA, G.R.
No. 119903, 2000).
PRESIDENTIAL PRIVILEGE
Q: What are covered by executive privilege?
• Military, diplomatic and other national security
matters which in the interest of national
security should not be divulged (Almonte vs.
Vasquez, G.R. No. 95367, 1995; Chavez v.
PCGG, G.R. No. 130716, 1998).
• Information
between
inter-government
agencies prior to the conclusion of treaties
and executive agreements (Chavez v. PCGG,
G.R. No. 130716, 1998);
• Discussion in close-door Cabinet meetings
(Chavez v. PCGG, G.R. No. 130716, 1998);
• Matters affecting national security and public
order (Chavez v. Public Estates Authority,
G.R. No. 133250, 2002).
Q: What are the two types of executive
privilege?
The presumptive presidential communications
privilege and the deliberative process privilege.
(Neriv. Senate, G.R. No. 180643, 2008).
EXECUTIVE DEPARTMENT
A.
B.
QUALIFICATIONS, ELECTION, AND
TERM OF THE PRESIDENT AND
VICE-PRESIDENT
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Presidential
Communications
Basis Separation
powers
Deliberative
Process
of Common
privilege
law
What Pertains
to
communications,
documents or other
materials
that
reflect
decision­
making
and
deliberations that
should
remain
confidential.
It
applies
to
documents in their
entirety, and covers
final and
postdecisional
materials as well as
pre-deliberative
ones.
Includes advisory
opinions,
recommendations
and deliberations
comprising part of
a process
by
which
governmental
decisions
and
policies
are
formulated
s i i l i i | Pre-deliberative,
postrage 1final and
i decisional matters
' Negation of this
type of privilege is
subject to more
scrutiny. It applies
to decision-making
of the President.
Deliberations; It
applies
to
decision-making
of
executive
officials
(and
judiciary)
Requ 1. It must involve a
isites quintessential and
non-delegable
power
of
the
President
2.
Operational
proximity
3. Important and
compelling need to
be
kept
confidential,
not
merely based on
general interest
1. Predecisional
- it precedes, in
temporal
sequence,
the
decision to which
it relates.
2. Deliberative reflects the give
and take of the
consultative
process such that
disclosure would
discourage
candid discussion
within the agency
Q: What are the 3 requisites for a valid claim
of executive privilege?
1. The protected communication must relate to
cjuu /icooc/ mat
non-d&icyctbit?
presidential power,
Examples:
commander-in-chief
appointment and removal power, the
to grant pardons and reprieves, th
2.
3.
authority to receive ambassadors and other
public officers, the power to negotiate
treaties, etc.
It must be authored, solicited, and received
by a close advisor of the President or the
President
himself/herself.
(Operational
proximity test)
It may be overcome by a showing of
adequate need, such that the information
sought “likely contains important evidence”
and by unavailability of the information
elsewhere by an appropriate investigating
authority. (Neri v. Senate, G.R. No. 180643,
Mar. 25, 2008).
Q: Is there an exception to executive
privilege?
Yes. Executive privilege cannot be used to
conceal a crime or a possible wrongdoing. Thus,
the specific need for evidence in a pending
criminal trial
outweighs the
President’s
generalized interest in confidentiality (Neri v.
Ermita, supra, citing US v. Nixon).
Q: Does executive privilege violate the
people’s right to information?
No. Sec. 7, Art. Ill provides that the right is
“subject to such limitations as may be provided by
law” such as Code of Conduct, revelation of
secrets by an officer under the RPC and corrupt
practices of public officers. These are in addition
to the larger concept of executive privilege, which
recognizes the public’s interest in the
confidentiality of certain information. (Neri v.
Ermita, supra, citing US v. Nixon).
Q: Is there an exception to the prohibition on
the President and his/her official family from
holding any other office or employment?
Yes. The prohibition must riot be construed to
apply to posts occupied by Executive officials
without additional compensation in an ex-officio
capacity, as provided by law and as required by
the primary functions of said official’s office.
These posts do not comprise “any other office”.
An example is the Secretary of Justice as a
member of the JBC In an ex officio capacity.
(National Amnesty Commission v COA, G.R. No.
156982, Sep. 8, 2004)
C.
1.
POWERS OF THE PRESIDENT
EXECUTIVE AND ADMINISTRATIVE
POWERS IN GENERAL
Q: During the campaign, President Duterte,
who was then a candidate and later on
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became the elected President, publicly
announced that he would allow the burial of
former President Marcos at the Libingan ng
mga Bayani (LMNB). The Marcos Family
entered into a 1992 agreement with the
Government of the Republic of the Philippines
that the remains be interred in Batac, llocos
Norte. Does this agreement bind President
Duterte?
No. The presidential power of control over the
Executive Branch of Government is a self­
executing provision of the Constitution and does
not require statutory implementation nor may its
exercise be limited, much less withdrawn, by the
legislature. This is why President Duterte is not
bound by the alleged 1992 Agreement to have
the remains interred in Batac, llocos Norte.
(Ocampo v. Enriquez, G.R. No. 225973, 2016).
2. POWER OF APPOINTMENT
Q: What are the Constitutional Limitations on
the President’s appointing power?
1. The president may not appoint his/her
spouse and relatives by consanguinity or
affinity within the 4th civil degree as members
of the:
a. Constitutional Commissions
b. Ombudsman
c. Department Secretaries
d. Undersecretaries
e. Chairmen and heads of Bureaus and
Offices
f. GOCCs (Sec. 13, Art. VII).
2. Appointments extended by an acting
President shall remain effective unless
revoked by the elected President within
90days from assumption of office. (Sec. 14,
Art. VII).
3. 2 months immediately before the next
presidential elections and up to the end of
his/her term, a President or Acting President
shall not make appointments except
temporary appointments to executive
positions when continued vacancies therein
will prejudice public service or endanger
public safety. (Sec. 15, Art. VII).
b. Ambassadors
c. Other public ministers,
d. Consuls
e. Officers of the AFP from rank of colonel
or naval captain
f. Other officials whose appointment are
vested in the President by
the
Constitution. The Congress may not
expand this list. (Sarmiento v. Mison G.R.
No. 79974, 1987).
Q: Differentiate Ad Interim from Appointments
in an acting capacity.
Ad Interim
• Considered a
permanent appointment.
(Pamantasan ng Lungsod ng Maynila v. IAC,
G.R. No. L-65439, 1985).
• May be terminated for any of 2 causes:
1. Disapproval of the appointment by the
CA;
2. Adjournment by Congress without the CA
acting on the appointment. (Appointeecandidate is bypassed)
REMEDY OF THE PRESIDENT: Renew the Ad
interim appointment. (Matibag v. Benipayo, G.R.
No. 149036, Apr. 2, 2002).
Ad-interim
Acting Capacity
Effective upon acceptance
Only during a recess
of Congress
Anytime there is a
vacancy
Submitted to the
Commission of
Appointments
Not submitted
A way of temporarily
filling important
offices but, if abused,
can be a way of
circumventing the
need for confirmation
by the Commission
on Appointments.
Commission on Appointments
(Pimentel v. Ermita, G.R. No. 164978, October
13, 2005).
Q: What are the category/categories of
officials
whose
appointments
need
confirmation
by the Commission on
Appointments?
The only officers whose appointments need
confirmation are:
a. Head of executive departments,
Temporary - not subject to confirmation by the
CA. Such confirmation, if given erroneously, will
not make the incumbent a permanent employee.
(Valencia v. Peralta, G.R. No. L-20864, August
23, 1963).
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Q: Does the assumption of office on the basis
of the ad interim appointments issued by the
President amount to a temporary appointment
which is prohibited by § 1 (2), Art. IX-C?
No. An ad interim appointment is a permanent
appointment because it takes effect immediately
and can no longer be withdrawn by the President
once the appointee has qualified into office.
(Matibag v. Benipayo, G.R. No. 149036, 2002).
Midnight appointments
Q: Does the ban on “midnight appointments”
under Sec. 15, Art VII apply to the judiciary?
No, the prohibition does not extend to
appointments in the Judiciary. Had the framers
intended to extend the prohibition to the
appointment of Members of the Supreme Court,
they could have explicitly done so. The prohibition
is confined to appointments in the Executive
Department by the President or Acting President
(De Castro v. JBC, G.R. No. 191002, 2010).
Neither does it apply to local executive officials.
(Quirog v. Aumentado, G.R. 163443, 2008).
Q: May the succeeding President revoke
appointments to the Judiciary made by an
Acting President?
No, Sec. 14, Art. VII refers only to appointments
in the Executive Department, it has no application
to appointments in the Judiciary because
temporary or acting appointments can only
undermine the judiciary due to their being
revocable at will. Prior to their mandatory
retirement or resignation, judges of the first or
second level courts and the Justices of the third
level courts may only be removed for cause, but
the members of the Supreme Court may be
removed only by impeachment. (De Castro v.
JBC, G.R. No. 191002, 2010).
(d) Power of removal
Q: Is RA 6770, insofar as it confers to the
President disciplinary authority over the
Deputy Ombudsman, valid?
No. The alter egos of the President and the
officials of the Executive Department are subject
to the disciplinary authority of the Ombudsman.
The deputy Ombudsmen act as agents of the
Ombudsman in the performance of their duties.
Thus, subjecting the deputy Ombudsmen to the
power to discipline and removal by the President
wiii seriously place at risk the independence of
the Ombudsman. However, it is valid insofar as
the Special Prosecutor is concerned because he
is not within the Office of the Ombudsman
(Gonzales III v. Office of the President, G*R. No.
196231, 2012).
3. POWER OF CONTROL AND
SUPERVISION
(a) Doctrine of qualified political agency
Q: What is the doctrine of qualified political
agency?
The doctrine of qualified political agency declares
that, (save in matters on which the Constitution or
the circumstances require the President to act
personally),
executive
and administrative
functions are exercised through executive
departments headed by cabinet secretaries,
whose acts are presumptively the acts of the
President unless disapproved by the latter.
There can be no question that the act of the
secretary is the act of the President, unless
repudiated by the latter. In this case, approval of
the Amendments to the Supplemental Toll
Operation Agreement (ASTOA) by the DOTC
Secretary had the same effect as approval by the
President. The same would be true even without
the issuance of E.O. 497, in which the President
specifically delegated to the DOTC Secretary the
authority to approve contracts entered into by the
Toll Regulatory Board. (Hontiveros-Baraquel vs.
Toil Regulatory Board, 2015).
(b) Executive departments and offices
Q: May the president appoint an individual as
acting Solicitor General and acting Secretary
of Justice in a concurrent capacity?
No. The designation of Alberto Agra as acting
Secretary of Justice concurrently with his_position
as Solicitor General is in violation of the
constitutional prohibition under Article VII,
Section 13. It is of no moment that the
designation was in a temporary capacity. The
Constitution makes no reference to the nature of
the designation (Funa v. Agra, G.R. No. 191644,
February 19, 2013).
(c) Local government units
Q: What is the nature of the President’s power
over local governments?
The president’s power over local governments is
only one of general supervision, and not one of
control. (Pimentel v. Aauirre. G.R. No. 132988,
July 19, 2000).
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Q: May the President merge administrative
regions?
Yes. To facilitate the exercise of power of general
supervision of local government, the president
may merge administrative regions and transfer
the regional center to Koronadal City from
Cotabato City (Republic v. Bayao, G.R. No.
179492, 2013).
2. MILITARY POWERS
Q: Distinguish the President’s authority to
declare a state of rebellion and the authority
to proclaim a state of national emergency.
The authority to declare a state of rebellion
emanates from the President’s power as Chief
Executive. In Sanlakas, the President’s
declaration of a state of rebellion was deemed
harmless and without legal significance.
In declaring a state of national emergency,
(PP1017), the President did not only rely on Sec.
18, Art. VII but also on Sec. 17, Art XII of the
Constitution. Calling for the exercise of awesome
powers cannot be deemed harmless or without
legal significance. (David v. Macapagal-Arroyo,
G.R. No. 171396, 2006).
Q: Is a Presidential proclamation of a state of
emergency sufficient to allow the President to
take over any public utility?
No. Since it is an aspect of emergency powers in
accordance with § 23 (2), Art. VI of the
Constitution, there must be a law delegating such
power to the President. (David v. Macagapal
Arroyo, supra).
Q: What are the safeguards in the exercise of
Congress’ grant of authority to take over
private corporations and institutions under
Sec. 17, Art. XII?
1. There must be war or a declared national
emergency
2. Delegation is for a limited period only;
3. Delegation
is subject to restrictions
prescribed by Congress;
4. Emergency powers are exercised to carry out
a declared national emergency.
Q: May the President issue “decrees” during
a state of rebellion?
No, PP1107 is unconstitutional insofar as it grants
the President the authority to promulgate
“decrees” because legislative power is peculiarly
within the province of Congress. (David v.
Macapagai-Arroyo, supra).
Q: May the President enforce obedience to all
laws through the military?
No, The President cannot call the military to
enforce or implement certain laws such as
customs laws, those governing family and
property relations, laws on obligations and
contracts, etc. She can only order the military,
under PP1017, to enforce laws pertinent to its
duty to suppress lawless violence. (David v.
Macapagai-Arroyo, supra).
Q: Is the President required to dispense his
extraordinary powers (calling out, declaration
of martial law, and suspension of the privilege
of
the
writ
of
habeas
corpus)
SEQUENTIALLY?
No. The President has absolute discretion to
choose which of the extraordinary powers to
exercise at a given time, provided that the
conditions for the valid exercise of each power
exists. (Lagman v. Medialdea, G.R. No. 231658,
July 4, 2017)
Q: Is the recommendation of the defense
secretary necessary for the declaration of
martial law or suspension of the writ of
habeas corpus?
No. The power to choose, initially, which among
these extraordinary powers to wield in a given set
of conditions is a judgment call on the part of the
President. (Lagman v. Medialdea, 2017)
Q: Differentiate the extraordinary powers of
the President
Calling out
Suspending the
privilege of writ of
habeas corpus
and declaration of
martial law
Most
benign
and Involve curtailment
involves
ordinary and suppression of
police action
civil
rights
and
individual freedom
President may invoke
whenever it becomes
necessary to prevent
or suppress lawless
violence, invasion, or
rebellion.
PAGE 15 OF 108
President may only
invoke when there is
actual
invasion,
rebellion, and public
safety requires it
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BAR OPERATIONS 2019
President must act
within
permissible
constitutional
boundaries or in a
manner
not
constituting
grave
abuse of discretion.
But
generally,
president has full
discretion
1. Time limit of 60
days
2. Review
and
possible
revocation by
Congress
3. Review
and
possible
nullification by
the SC
No. The power of executive clemency cannot be
delegated for it was not signed by the President
himself but by the Executive Secretary. Also, it
cannot extend to administrative cases in the
Judiciary because it will violate the principle of
separation of powers and impair the power of the
SC under §6 Art. VIII.
Actual use to which
President puts the
armed forced not
subject to judicial
review
Subject to judicial
review
as
to
sufficiency fo r the
factual basis of such
declaration.
Q: Distinguish treaties from executive
agreements.__________________________
6. POWER PERTINENT TO FOREIGN
RELATIONS
Treaty
Involve
issues,
policy
(Lagman v. Medialdea, G.R. No. 231658, July 4,
2017)
5.
EXECUTIVE CLEMENCY
Executive
Agreement
political j Involve
details
out
national carrying
national policy
More
or
Int’l. agreements of
temporary
a permanent kind
character
(a) Nature and limitations
Q: What are the limitations on the exercise of
the President’s pardoning power?
1. Cannot extend to cases of impeachment.
Sec. 19, Art. VII).
2. For violation of election laws, must have
favorable
recommendation
by
the
COMELEC. Sec. 5, Art. IX-C).
3. Granted only after conviction by final
judgment. (Sec. 19, Art. VII).
4. Cannot extend to cases of legislative
contempt, or civil contempt.
5. Does not absolve civil liability. (People v.
Nacional, G.R. No. 11294, Sep. 7, 1995).
6. Does not restore public offices forfeited.
(Monsanto v. Factoran, G.R. No. 78239,
February 9, 1989).
(b) Forms of executive clemency
Q: May the President grant executive
clemency in administrative cases?
Yes, but only to administrative cases in the
Executive branch, not in the Judicial or
Legislative branches of government. (Llamas v.
Orbos, G.R. No. 99031, Oct. 15, 1991).
Q: A trial judge was found liable by the SC for
serious misconduct and inefficiency, and
meted a penalty of suspension from office for
5 months. Ths judcjs thGrssftsr fHod 3 petition
for executive clemency with the Office of the
President. The Executive Secretary issued a
resolution granting the executive clemency.
Is it valid?
Requires senate
concurrence
less
in
Does not require
senate concurrence
(Bayan Muna v. Romulo, G.R. No. 159618,
2011) .
Q: The President alone without the
concurrence of the Senate abrogated a treaty.
Assume that the other country party to the
treaty is agreeable to the abrogation provided
it complies with the Philippine Constitution. If
a case involving the validity of the treaty
abrogation is brought to the SC, how should
it be resolved?
It should dismiss the case. The jurisdiction of the
SC or other lower courts over a treaty is only with
respect to questions of its constitutionality of
validity.
It does
not
pertain
to
the
termination/abrogation of a treaty. (Gonzales v
Hechanova, G.R. No. L-21897, 1963).
Q: When may the President opt to enter into
an executive agreement?
Executive agreements are concluded (1) to adjust
the details of a treaty, e.g., EDCA as to VFA; (2)
pursuant to or upon confirmation by an act of the
Legislature; or (3) in the exercise of the
President's independent powers under the
Constitution.
Q: May the President enter into an executive
agreement on foreign military bases, troops
or facilities?
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Yes, but only if the executive agreement (a) is not
the instrument that allows the presence of foreign
military bases, troops or facilities; or (b) merely
aims to implement an existing law or treaty.
(Saguisag v. Exec. Sec., 2016)
Q: What are the restrictions prescribed by the
Constitution on the power of the President to
contract or guarantee foreign loans on behalf
of the State?
The power of the President to contract or
guarantee loans on behalf of the State is subject
to the prior concurrence of the Monetary Board
and subject to such limitations as may be
prescribed by law. (Sec. 20, Art. VII).
Q: What is an “item” under an appropriations
bill?
An item in an appropriation bill is a specific
appropriation of money, not some general
provision of law, which happens to be put into an
appropriation bill. An item of appropriation must
be an
item characterized
by singular
correspondence, which is an allocation of a
specified singular amount for a specified singular
purpose known as a "line-item." (Belgica v.
Ochoa, 2013).
Q: May an appropriation be
validly
apportioned into component percentage or
values?
Yes, provided that each percentage or value must
be allocated for its own corresponding purpose
for such component to be considered a proper
line-item. (Belgica v. Ochoa, 2013).
7.
POWERS RELATIVE TO
APPROPRIATION MEASURES
Q: Why does Congressional pork barrel
violate the President’s power to item-veto?
(PERLAS-BERNABE)
The President cannot exercise his item-veto
power because the purpose of the lump-sum
discretionary
budget
is
still
uncertain.
Furthermore, it cannot be considered an item
because an item is defined in the field of
appropriations as the particulars, details, distinct
and severable parts of the appropriation or of the
bill. (Belgica v. Hon. Ochoa, 2013)
8.
9.
DELEGATED POWERS
VETO POWERS
1.
General veto power - veto the entire bill; If
you veto a provision in an ordinary bill considered as if you vetoed the whole thing.
Item/line veto - veto separate items, not the
ENTIRE bill. ONLY in an appropriation,
revenue or tariff bill. (Sec. 21, Art. VI).
2.
Q: What is the Doctrine of inappropriate
provisions?
• A
provision
that
is
constitutionally
inappropriate for an appropriation bill may be
singled out for veto even if it is NOT an
appropriation or revenue item (refers to
riders).
•
Included are:
1) unconstitutional provisions and
2) provisions which are intended to amend
other laws. (Philconsa vs. Enriquez, G.R.
No. 113105, Aug 19, 1994)
10. RESIDUAL POWERS
11. EXECUTIVE PRIVILEGE
12. EMERGENCY POWERS
D. RULES OF SUCCESSION
Start of Term as of Noon June 30 (Art. VII, Sec.
n _____________________________________
President
VP
Both
Fails to
Qualify
VP acts
as P
N/A
Senate P.
or Speaker
acts as P.
Not
Chosen
VP acts
as P
N/A
Senate P.
or Speaker
acts as P.
After June
30, Sec. 9
can apply.
Senate P.
or Speaker
acts as P.
Death;
P.
Disability
During or Mid-Term (Sec. 8):
Deathi; P. Disabled; Removal,
Resignation
Death; P.
Disabled;
Resignati
on
Pres.
VP
Both
Acting
Pres.
(SP/SH)
VP is
P.
Pres, will
nominate
VP from
Congress
(Sec. 9).
Senate P. or
Speaker
acts as P.
By law
Q: Distinguish between the 2 kinds of
presidential veto.
PAGE 17 OF 108
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Judicial Power to
review
JUDICIAL DEPARTMENT
A. JUDICIAL POWER
Q: Can the court exercise judicial power when
there is no applicable law?
• No. In a number of cases decided, the
Supreme court ruled that the exercise of
judicial power when there is no applicable law
is not authorized.
• The court has no authority to entertain an
action for judicial declaration of citizenship
because there was no law authorizing such
proceeding (Channie Tan v. Republic, G.R.
No. L-14159, April 18, 1960).
• An award of honors to a student by a board
of teachers may not be reversed by a court
where the awards are governed by no
applicable law (Santiago Jr. v. Bautista, G.R.
No. L-25024, March 30, 1970).
• Courts cannot reverse the award of a board
of judges in an oratorical contest (Felipe v.
Leuterio, G.R. No. L-4606, May 30,1952).
Q: What is the nature of the Supreme Court’s
jurisdiction to determine the sufficiency of the
factual basis for the declaration of martial law
and the suspension of the privilege of the writ
of habeas corpus by the President?
It is sui generis and granted by Sec. 18, Art. VII
of the Constitution which provides that in case of
invasion or rebellion, when public safety requires
it, the President may, for a period not exceeding
60 days suspend the privilege of the writ of
habeas corpus or place the Philippines or any
part thereof under martial law. It does not stem
from Sec. 1 or 5 of Art. VIII. (Lagman v.
Medialdea, G.R. No. 231658, July 4, 2017)
Q: What is the scope of the Supreme Court’s
power to review the declaration of Martial Law
or suspension of the privilege of the writ of
habeas corpus?
It is limited to a determination of the sufficiency of
the factual basis of such declaration or
suspension. (Lagman v. Medialdea, G.R. No.
231658, July 4, 2017)
Q: Differentiate the judicial power to review
the sufficiency of the factual basis for the
•caw c a irn m e
o u o p c n o iu ii
of the privilege of writ of habeas corpus from
the congressional power to revoke such
declaration and suspension.
Congressional
Power to revoke
Court can only refer Congress may take
to
information into consideration:
available
to
the | •
Data available to
President prior to or
the
President
at the time of the
prior to or at the
declaration
time
of
the
declaration and
Court is not allowed • Events
to
undertake
an
supervening the
independent
declaration
investigation beyond
the pleadings
Does not look into the Can probe further
absolute correctness and deeper, can
of the factual basis
delve into accuracy
of facts presented
before it
Passive power
Automatic
Initiated by filing of a
petition
“in
an
appropriate
proceeding” by a
citizen
May be activated by
Congress itself at
any time after the
proclamation
or
suspension
was
made
(Lagman v. Medialdea, G.R. No. 231658, July 4,
2017)
B. JUDICIAL REVIEW
Q: What are the requisites for judicial review?
(1) There must be a judicial case ripe for
adjudication;
(2) Raised by the proper party - party must have
locus standi
(3) Raised at the earliest opportunity
(4) Decision on the constitutional question must
be determinative of the case itself; it is the lis
mota
Q: Can inferior courts exercise judicial
review?
Yes. Since the power of judicial review flows from
judicial power and since inferior courts are
possessed of judicial power, it may fairly be
inferred that the power of judicial review is not an
exclusive power of the Supreme Court. (Bernas,
Commentary, 2009 ed.).
Q: Does the CTA have to power to issue writs
of certiorari?
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Yes. Section 1, Article VIII vests judicial power in
the Supreme Court and in lower courts
established by laws. Judicial power includes the
determination whether there has been grave
abuse of discretion on the part of the government.
The CTA has the judicial power to determine
whether the RTC gravely abused its discretion in
issuing an interlocutory order in cases falling
within its exclusive appellate jurisdiction (City of
Manila v. Grecia-Cuerdo, G.R. No. 175723,
2014).
Operative fact doctrine
Q: What is the “operative fact doctrine”?
When the assailed legislature act or executive act
is found by the judiciary to be contrary to the
Constitution, it is null and void. However, the
actual existence of a statute prior to such
determination is an operative fact and may have
consequences which cannot be erased by a new
judicial declaration. Thus, for a period of time
such statute, treaty, executive order or ordinance
was in “actual existence.” It is considered as an
operative fact. (CIR v. San Roque Power
Corporation, G.R. No. 187485, 2013).
Q: When is the operative fact doctrine not
applicable?
• Operative fact doctrine cannot be invoked if it
will constitute an unjust enrichment. In the
case of Planters v. Fertiphil, the tax on
fertilizers had already been collected and
applied to a private corporation’s needs. This
was by virtue of the law imposing the tax. If
the operative fact doctrine would be applied
in this case it would sanction the enrichment
of the Planters Product at the expense of the
Fertiphil. (Planters Products, Inc. v. FertiPhil
Corporation, G.R. No. 166006, 2008).
•
It should also not be applied if it will be
iniquitous and would send a wrong signal that
an act may be justified when based on an
unconstitutional provision. Simply put, it will
not be applied if it will result to injustice. (Phil.
Coconut v. Republic, G.R. Nos 177857-58,
2012).
Q: Can an administrative practice be the basis
for applying the operative fact doctrine?
No. The doctrine of operative fact states that a
judicial declaration of invalidity may not
necessarily obliterate all the effects of a void act
prior to the declaration. For the operative fact
doctrine to apply, there must be a law or an
executive issuance invalidated by the court. Its
effect, when relied upon by the public in good .
faith, may have to be recognized as valid. (CIR v.
San Roque Power Corporation, G.R. No. 187485,
2013).
Q: How was the operative fact doctrine
applied to the DAP?
1. The term “executive act” is broad enough to
include any and all acts of the Executive,
including those that are quasi legislative and
quasi-judicial in nature. It is not confined to
statutes and rules and regulations issued by
the executive department or those which are
quasi-legislative in nature. Thus, it applies to
the DAP (which was a mere program of the
DBM).
• The DAP itself, as a policy, transcended
a
merely
administrative
practice
especially after the Executive, through
the DBM, implemented it by issuing
various memoranda and circulars.
2. This doctrine, in the interest of justice and
equity, can be applied liberally and in a broad
sense to encompass said decisions of the
executive branch.
• The DAP resulted to public infrastructure.
Not to apply the doctrine of operative fact
to the DAP could literally cause the
physical undoing of such worthy results
by destruction, and would result in most
undesirable wastefulness.
3. However, the OFD applies ONLY to the
programs, activities, and projects that can
no longer be undone, and whose
beneficiaries relied in good faith on the
validity of the DAP, but CANNOT apply to
the authors, proponents and implementors
of the DAP, unless there are concrete
findings of good faith in their favor by the
proper tribunals determining their criminal,
civil, administrative and other liabilities.
• Note however that the presumption of
good faith was not removed; there must
first be a factual determination of the
guilt of the authors. Complainants has
burden of proof; presumption of GF still
stands. (Araullo v. Aquino III, G.R. No.
209287, 2014).
Moot questions
Q: What is a “moot and academic case”?
It is one that ceases to present a justiciable
controversy by virtue of supervening events, so
that a declaration thereon would be of no practical
value. As a rule, courts decline jurisdiction over
such case or dismiss it on ground of mootness
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(Gunsi, Sr. v. Commissioners, The COMELEC,
2009).
Q: What are the exceptions to the rule that the
Courts will not entertain “moot” questions?
1. A grave violation of the Constitution
2. The exceptional character of the situation
and paramount public interest is involved
3. A need to formulate controlling principles to
guide the bench, the bar and the public; and
4. The fact that the case is capable of repetition
yet evading review. (International Service for
the Acquisition of Agri-Biotech Applications,
Inc. v. Greenpeace Southeast Asia, G.R.
Nos. 209271, 209276, 209301, and 209430,
July 26, 2016).
Q: Respondent Z filed a Petition for Writ of
Kalikasan alleging that the BT Talong filed
trials violated their constitutional right to
health and a balance ecology considering that
the Environmental Compliance Certificate
(ECC) was not secured prior to the field trial,
the required public consultations under the
Local Government Code were not complied
with. However, the petitioners argued that the
case should be dismissed for mootness in
view of the completion and termination of the
BT Talong field trials and the expirations of
the Biosafety Permits. Moreover, DAO 082002 has already been superseded by JDC 012016. Does the case fail under the exception
to the general rule that the Court may only
adjudicate actual, ongoing controversies
(PERLAS BERNABE)?
No. Case law states that the Court will decide
cases, otherwise moot, if: first, there Is a grave
violation of the Constitution; second, the
exceptional character of the situation and the
paramount public interest are involved; third,
when the constitutional issue raised requires
formulation of controlling principles to guide the
bench, the bar, and the public; and fourth, the
case is capable of repetition yet evading review.
The petition for writ of Kalikasan was rendered
moot by the expiration of biosafety permits and
field trials. In the absence of warranted
exceptions, the Court should not decide nonjusticiable questions. (International Service for
the Acquisition of Agri-Biotech Applications, Inc.
v. Greenpeace Southeast Asia, G.R. Nos.
209271, 209276. 209301, and 209430, July 26,
2016).
Political question doctrine
Q: What is a “political question”?
It is a question, the resolution of which has been
vested by the Constitution exclusively:
1. In the people, in the exercise of their sovereign
capacity, or
2. In which full discretionary authority has been
delegated to a co-equal branch of the
Government. (Tanada v. Cuenco, G.R. No. L10520, 1957).
Q: Is the judiciary precluded from reviewing
“political questions”?
No, the 2nd clause of Sec. 1, Art. VIII (the power
to determine whether or not there has been a
grave abuse of discretion) effectively limits what
are considered “political questions”. The Courts
may now determine whether there has been
grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or
instrumentality of government. (Francisco v.
House of Rep, G.R. No. 160261, 2003).
Q: Is the determination of what constitutes
“betrayal of public trust” or “other high
crimes” a political question?
Yes. A determination of what constitutes an
impeachable offense is a purely political question,
which the Constitution has left to the sound
discretion of the legislature. (Ma. Merceditas N.
Gutierrez v. The HOR Committee on Justice, et
at., G.R. No. 193459, 2011).
Q: Examples of political questions in
jurisprudence.
1. Interpretation of the meaning of “disorderly
behavior” and the legislature’s power to
suspend a member (there is no procedure for
the imposition of the penalty of suspension
nor did the 1935 Constitution define what
“disorderly behavior is). The matter is left to
the discretion of the legislature (Osmeha, Jr.
v. Pendatun, G.R. 17144, 1960).
2. Whether the court could intervene in a case
where the House of Representatives was
said to have disregarded its own rule. The
court was held to have been without authority
to intervene (Arroyo v. De Venecia, G.R. No.
127255, August 14, 1997).
3. Recognition
of
diplomatic
immunity
(International Catholic Migration Commission
v. Hon. Calleja, G.R. No. 85750, 1990).
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Q: Examples of cases in jurisprudence where
there was held to be no political question
involved.
1. Apportionment of representative districts
(because there are constitutional rules
governing apportionment) (Avelino
v.
Cuenco, G.R. No. L-2821, March 4, 1949).
2. Suspension of the privilege of the writ of
habeas corpus is not a political question
because the Constitution sets limits to
executive
discretion
on the
matter
(Montenegro v. Castaneda, G.R. No. L-4221,
August 30, 1952).
3. Manner of forming the Commission on
Appointments (Guingona v. Gonzales, G.R.
No. 106971, October 20, 1992).
4. Constitutionality of Pork Barrel system
(Belgica v. Ochoa G.R. No. 208566,
November 19, 2013)
cluster. The other nominees argued that the
President could only choose 1 nominee from
each of the separate six shortlists or clusters
provided by the JBC. Is the clustering of
nominees by JBC unconstitutional?
Yes. It is unconstitutional. The JBC, in sorting the
qualified nominees into six (6) clusters, one for
every vacancy, could influence the appointment
process beyond its constitutional mandate of
recommending qualified nominees to the
President. Clustering impinges upon the
President’s power of appointment, as well as
restricts the chances for appointment of the
qualified nominees. (Aguinaldo v. Aquino, G.R.
No. 224302, 2017).
C.
EN BANC AND DIVISION CASES
SAFEGUARDS OF JUDICIAL
INDEPENDENCE
JUDICIAL AND BAR COUNCIL
Q: What happens if the President is not
satisfied with the list submitted by the JBC?
He may ask for another list. But once the
appointment is issued by the President and
accepted by the nominee, it needs no further
confirmation.
Q: Can both a senator and congressman sit in
the JBC as representatives of Congress?
No. There is only one representative of congress
entitled to one vote in the JBC. Congress
chooses whether the JBC representative shall
come from the Senate or the House or
Representatives. (Chavez v. JBC, G.R. No.
202242, 2013).
Q: Is the JBC required to hold hearings on the
qualifications of nominees?
No. The process by which an on objection is
made based on Sec 2, Rule 10 of JBC-009 is not
judicial, quasi-judicial, or fact finding because it
does not aim to determine guilt or innocence akin
to a criminal or administrative offense. Rather, it
is to ascertain the fitness of an applicant vis-a-vis
the requirements for the position. Even if
proceedings before the JBC are sui generis, due
process still applies (Jardaleza v. Chief Justice
Sereno G.R. No. 213281, Aug 19, 2014)
Q: The JBC sorted Sandiganbayan Associate
Justice nominees in 6 clusters. The President
appointed 2 nominees belonging in one
D.
E.
QUALIFICATIONS OF MEMBERS OF
THE JUDICIARY
WORKINGS OF THE SUPREME COURT
Q: What cases must be decided by the SC en
banc? (LIT)
1. All cases involving constitutionality of a:
Code:
a. Law
b. international or executive agreement
c. Treaty
2. All cases involving the constitutionality,
application or operation of: (POPORI)
a. Presidential decrees
b. Orders
c. Proclamations
d. Ordinances
e. Other regulations
f. instructions
3. All cases required to be heard en banc under
the Rules of Court
4. Appeals from Sandiganbayan and from the
Constitutional Commissions
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 by the
SC en banc or by a division
7. Administrative cases to discipline or dismiss
judges of lower courts
8. Election contests for President and VicePresident (i.e., the Presidential Electoral
Tribunal). (Sec. 4, Art. VIII).
NOTE: Other cases outside the enumeration are
heard in Division and decided or resolved with the
concurrence of a majority of the members who
actually took part in the deliberations on the
issues and voted thereon, but in no case without
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the concurrence of at least 3 such members.
(Sec. 4, Art. Viil).
Q: Is a law fixing the passing grade in the Bar
examinations at 70%, with no grade lower
than 40% in any subject constitutional?
No. Such law entails amendment of the Rules of
Court promulgated by the Supreme Court. The
Constitution has taken away the power of
Congress to alter the Rules of Court. The law will
violate the principle of separation of powers. (In
Re: Cunanan, 94 Phil. 534, 1954).
What are the requisites for a 3rd party to file a
case?
1. The litigant must have suffered an injury-in­
fact, thus giving him or her a "sufficiently
concrete interest" in the outcome of the issue
in dispute;
2. The litigant must have a close relation to the
third party; and
3. There must exist some hindrance to the third
party's ability to protect his or her own
interests. (White Light v. City of Manila, G.R.
No. 122846, 2009).
CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
Q: What are the institutional safeguards to
guarantee
the
independence
of
the
Constitutional Commissions?
1. They are constitutionally created, may not be
abolished by statute.
2. Each
is
expressly
described
as
“independent”
3. Each is conferred certain powers and
functions by the Constitution 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 a
fairly long term of office of 7 years.
6. The Chairmen and members may not be re­
appointed or appointed in an acting capacity.
7. The salaries of the Chairmen and members
are relatively high and may not be decreased
during continuance in office.
8. The Commissions enjoy fiscal autonomy
(Sec. 5, Art. IX-A).
9. Each Commission en banc may promulgate
its own procedural rules, provided they do not
diminish, increase or modify substantive
•rights (Sec. 6, Art. IX-A)
10. The Chairmen and members are subject to
certain
disqualifications
calculated
to
strengthen their integrity.
The Commissions may appoint their own officials
and employees in accordance with Civil Service
Law. (Nachura, Reviewer in Political Law, p. 325).
Q: What are the inhibitions/ disqualifications?
1. Shall not, during tenure, hold any other office
or employment
2. Shall not engage in the practice of any
profession
3. Shall not engage in the active management
or control of any business which in any way
may be affected by the functions of his office
4. Shall not be financially interested, directly or
indirectly in any contract with, or in any
franchise or privilege granted by the
Government or any of its subdivisions,
agencies or instrumentalities, including
GOCCs or their subsidiaries. (Sec.2, Art. IX).
Q: In case of conflict between a rule of
procedure promulgated by a Commission and
a Rule of Court, which prevails?
It depends upon the venue. The rule of the
commission shall prevail if the proceeding is
before a commission, but if before a court, the
Rules of Court prevail. (Aruelo Jr. v. CA, G.R. No
107852, 1993).
Q: What is the “rotational scheme of
appointments” and what are the 2 conditions
for its workability?
The first appointees shall serve terms of 7, 5 and
3
years,
respectively.
After
the
first
commissioners are appointed, the rotational
scheme is intended to prevent the possibility of
one President appointing all the Commissioners.
(Funa v. The Chairman, G.R. No. 192791, 2012).
The 2 conditions for its workability are:
1. The terms of the First Chairman and
Commissioners should start on a common
date, irrespective of variation of dates of their
appointments and qualifications; and
2. Any vacancy due to the death, resignation or
disability before the expiration of the term
should be filled only for the unexpired
balance of the term. (Funa v. The Chairman,
G.R. No. 192791, 2012).
Q: What constitutional offices does the
rotational scheme of appointments apply?
1. Civii Service Commission
2. Commission on Elections
3. Commission on Audit
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4. Judicial and Bar Council (Funa v. The
Chairman, G.R. No. 192791, 2012).
B. POWERS AND FUNCTIONS OF EACH
COMMISSION
A. The Civil Service Commission
Q: What is the covered by the Civil Service
Commission? (BIGAS)
1. Branches
2. Instrumentalities
3. GOCCs with original charters
4. Agencies of the government
5. Subdivisions
NOTE:
1. “With Original Charter” means that the GOCC
was created by special law or by Congress
2. If incorporated under the Corporation Code, it
does not fall within the Civil Service and is not
subject to the CSC jurisdiction
3. If previously government-controlled, but is
later privatized, it ceases to fall under CSC
4. Jurisdiction is determined as of the time of
filing the complaint. (PNOC v. NLRC, G.R. No.
79182, 1991).
Q: May the CSC disallow an appointment to a
position authorized by law but not included in
the Index of Occupational Service?
No. Although the CSC rules limit appointments to
positions within the Index of Occupational
Service, nevertheless, it is also bound to
implement the laws it is tasked to enforce. RA
8494 exempted the Trade and Investment
Corporation from conforming to the position
classification, thus, the appointment made even
not within the index is still valid (Trade and
Investment v. CSC, G.R.No.182249, 2013).
Q: May the CSC terminate the employment of
a civil servant?
No, the CSC is not a co-manager or surrogate
administrator of government offices and
agencies. Its functions and authority are limited to
approving or reviewing appointments to
determine their compliance with requirements of
the Civil Service Law. On its own, the
Commission does not have the power to
terminate employment or drop members from the
rolls. (UP and Torres v. CSC, G.R. No. 132860,
Apr. 3, 2001 citing Chang v. CSC, G.R. No.
86791, 1990).
Q: What is the concept of security of tenure in
the Civil Service Law?
“No officer or employee of the civil service shall
be removed or suspended except for cause
provided by law.” (Section 2(3), Article IX-B).
Q: What are the classes of non-competitive
positions?
1. Policy determining
Where the officer lays down principal or
fundamental guidelines or rules or formulates
a method of action for government or any of
its subdivisions. E.g. department head.
(Nachura)
2. Primarily confidential
A position is considered primarily confidential
if the nature of the office requires close
intimacy between the appointee and
appointing authority which insures freedom of
intercourse without embarrassment or
freedom from misgiving of betrayal of personal
trust on confidential matters of state.
3. Highly technical
It means something beyond the ordinary
requirements of the profession. Hence, its
determination is always a question of fact.
(CSC v. Javier, G.R. No. 173264, 2008).
Q: Are individuals occupying non-competitive
position covered by the guarantee of security
of tenure?
They are covered by the guarantee of security of
tenure but the termination of their official relation
can be justified on the ground of loss of
confidence because in that case their cessation
from office involves no removal but the expiration
of the term of office. (Tanjay v. Quinit, G.R. No.
160502, April 27, 2007).
Q: What is “partisan political campaign”?
The phrase involves any form of solicitation of the
elector’s vote in favor of a specific candidate. But
this does not prevent the expression of views on
current political problems or issues, or mention of
the names of candidates for public office whom
the public officer supports. (Gonzales v.
Comelec, G.R. No. L-27833, 1969).
Q: Who are exempt from the prohibition on
engaging in electioneering and partisan
political campaign?
Exempt from this provision are members of the
Cabinet and public officers and employees
holding political offices. (Santos v. Yatco, G.R
No. L-16133, 1959).
Q: Section 7, Article IX-B states that “No
elective official shall be eligible for
appointment or designation in any capacity to
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any public office or position during his
tenure”, is this rule absolute? What are the
exceptions, if any?
It is not absolute. The Vice President may be
appointed member of the Cabinet and a member
of Congress is designated to sit in the Judicial
and Bar Council. The Senate President is also the
ex-officio chairman of the Commission on
Appointments.
Q: The Civil Service Commission took back
up files in the computer of an employee to
determine if he was acting as counsel for
employees
with
cases
before
the
commission. Is this valid?
Yes. To determine whether an employee has a
reasonable expectation of privacy, the following
factors should be considered: (1) The employee’s
relationship to the item seized; (2) Whether the
item was in the immediate control of the
employee; (3) Whether the employee took
actions to maintain his privacy in the item.
ballots. (Buac t/. Comelec, G.R. No. 155855,
2004).
The power of the COMELEEC to ascertain
the results of the plebiscite is implicit in the
power to enforce all laws relative to the
conduct of plebiscite. (Buac v. Comelec, G.R.
No. 155855, 2004).
COMELEC can take jurisdiction over cases
involving party identity and leadership or
controversy as to leadership in the party.
Such jurisdiction is sourced from the general
power of the Commission to administer laws
and rules involving the conduct of election.
2.
The Supreme Court declared that the employee
did not have a reasonable expectation of privacy
over the computer files in view of the following
facts: (1) The employee’s computer was issued
by the government, and could be used only for
government business, (2) There was a memo
policy restricting use of the computer expressly
stating that the use of password does not imply
privacy, and (3) She allowed other people to
access the computer; and (4) There is reasonable
ground for suspecting the computer files will
produce evidence of the misconduct of the
employee. (Polio v. Constantino-David, G.R. No.
181881, 2011)
B. The Commission on Elections
Q: What are the powers and functions of the
COMELEC?
1. Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum,
and recall. (Sec. 2(1), Art. IX).
Exercise
a. Exclusive original jurisdiction over all
contests relating to the elections, returns,
and qualifications of all elective regional,
provincial and city officials.
• Election contests in the Sangguniang
Kabataan (SK) are under the original
jurisdiction of the MTC, and its
appellate jurisdiction over the
decisions of the MTC is under the
COMELEC.
(Fernandez
v.
COMELEC, G.R. No. 176296, 2008)
b. Appellate jurisdiction over all contests
involving:
i. Elective
municipal
officials
decided by trial courts of general
jurisdiction
ii.
Elective barangay officials
decided by trial courts of limited
jurisdiction. (Article IX-C, Sec. 2
(2))c. Decisions, final orders, or rulings of the
COMELEC contests involving elective
municipal and barangay offices shall be
final, executory, and not appealable. (Art.
!X-C, Sec. 2(2)).
EXCEPTION:
May be appealed to the SC EN BANC on
questions
of law.
E.g. COMELEC can enjoin construction of
public works within 45 days of an election.
The COMELEC can take cognizance of any
question on the conduct of plebiscite such as
to correct or check what the Board of
Canvassers erroneously or fraudulently did
during the canvassing, verify or ascertain the
results of the plebiscite either through pre
pre-proclamation case or through revision of
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When the decision is brought on a
special civil action for certiorari,
prohibition, or mandamus under Rule 65
for grave abuse of discretion under
Article IX-A Section 7.
d.
Contempt powers
i. COMELEC can exercise this power
only in relation to its adjudicatory or
quasi-judicial functions. It CANNOT
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exercise this in connection with its
purely executive or ministerial
functions.
• If it is a pre-proclamation
controversy, the COMELEC
exercises
quasi-judicial
or
administrative
powers.
(Sandoval v. COMELEC, G.R.
No. 133842, 2000).
• Its jurisdiction over ‘contests’
(after
proclamation)
is
in
exercise of its judicial functions.
(Article IX-C, Sec. 2(2)).
e. Issue writs of certiorari, prohibition and
mandamus in the exercise of its appellate
jurisdiction.
3.
Decide, except those involving the right to
vote, all questions affecting elections,
including determination of the number and
location of polling places, appointment of
election officials and inspectors, and
registration of voters. (Art. IX-C, Sec. 2(3)).
NOTE: These petitions are cognizable by the
Regular Courts (MTC).
4.
Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities
of the
Government,
including the Armed Forces of the
Philippines, for the EXCLUSIVE PURPOSE
of ensuring free, orderly, honest, peaceful,
and credible elections. (Art. IX-C, Sec.2 (4)).
NOTE:
1. This power is NOT limited to the election
period.
- 2. Applies
to
both
criminal
and
administrative
cases.
(Ejercito
v.
COMELEC, G.R. No. 212398, 2004).
5. Register political parties, organizations, or
coalitions, accredit citizens’ arms of the
Commission on Elections. (Art. IX-C,
Sec. 2(5)).
NOTE:
1. Political parties, etc. must present their
platform or program of government.
2. There should be sufficient publication.
3. Groups that cannot be registered:
i. Religious denominations/ sects
ii. Those that seek to achieve their goals
through violence or unlawful means
Hi. Those that refuse to uphold and adhere
to the Constitution
iv. Those supported by any foreign
government e.g., receipt of financial
contributions related to elections (Art.
IX-C Sec. 2(5))
6. FILE, upon a verified complaint, or on its own
initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
constituting elections frauds, offenses and
malpractices. (Art. IX-C, Sec.2(6)).
NOTE:
1. COMELEC
has
EXCLUSIVE
JURISDICTION
to
investigate
and
prosecute cases for violations of election
laws.
2. COMELEC can deputize prosecutors for
this purpose. The actions of the
prosecutors are the actions of the
COMELEC.
3. COMELEC can conduct preliminary
investigation on election cases falling
within its jurisdiction
7. Recommend to the Congress effective
measures to minimize election spending,
including
limitation
of places where
propaganda materials shall be posted, and to
prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance
candidacies. (Art. IX-C Sec.2(7)).
8. RECOMMEND to the President the removal of
any officer or employee it has deputized, or
the imposition of any other disciplinary action,
for violation or disregard of, or disobedience to
its directive, order, or decision. (Art. IX-C
Sec.2(8)).
9. Submit to the President and the Congress a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall. (Art. IX-C Sec.2(9)).
Q: What is the vote requirement for a valid
COMELEC en Banc resolution?
A majority of the votes, or 4 votes. If the six
members are evenly divided, the Commission on
Elections should rehear the case. (Sevilla v.
COMELEC, G.R. 203833, 2013).
Q: What powers were not given to COMELEC?
1. Decide questions involving the right to vote
(placed under jurisdiction of courts) (Art. IXC Sec. 2(3); Sec. 33, R.A. No. 8189)]
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2. Transfer
municipalities
from
one
congressional district to another for the
purpose of preserving proportionality.
(Montejo v. COMELEC, G.R. No. 118702,
1995).
Q: Can the COMELEC disqualify candidates
who cannot wage a nationwide campaign and
are not nominated by a political party as
candidates in elections?
Yes. The equal access to opportunities for public
office under Article II is not self-executory. It
neither bestows a right nor elevates the privilege
to the level of an enforceable right. Such privilege
may be subjected to limitations. (Chavez v.
COMELEC, G.R. No. 161872, April 13, 2004)
C. The Commission on Audit
Q: What are the powers and duties of the
COA?
1. Examine, audit, and settle all accounts
pertaining to:
a) Revenue and receipts of funds or
property
b) Expenditures and uses of funds or
property owned or held in trust by, or
pertain to:
I. The Government
II. Any of its subdivisions, agencies or
instrumentalities
III. GOCCs with original charters. (Art.
IX-D, Sec. 2(1)).
• COA is endowed with enough latitude to
determine,
prevent
and
disallow
irregular,
unnecessary,
excessive,
extravagant
or
unconscionable
expenditures of government funds. In
resolving cases brought before it on
appeal, respondent COA is not required
to limit its review only to the grounds
relied upon by a government agency’s
auditor with respect to disallowing certain
disbursements of public funds. In
consonance with its general audit power,
respondent COA is not merely legally
permitted, but is also duty-bound to make
its own assessment of the merits of the
disallowed disbursement and not simply
restrict itself to reviewing the validity of
the ground relied upon by the auditor of
the government agency concerned. To
hold otherwise would render COA’s vital
constitutional power unduly limited and
thereby useless and ineffective. (Yap v.
Commission
on
Audit,
G.R.
No.158562, 2010).
2.
Conduct post-audit with respect to the
following:
a. Constitutional bodies, commissions, and
offices granted fiscal autonomy
b. Autonomous
state
colleges
and
universities
c. GOCCs
and
their
subsidiaries
incorporated under the Corporation Code
d. Non-governmental entities receiving
subsidy or equity, directly or
indirectly, from or through the
government, which are required by
law the granting institution to submit
to such audit. (Art. IX-D, Sec.2(1)).
Q: Classify the functions of the COA.
1. Examine and audit all of government
revenues
2. Examine and audit all forms of government
expenditures
3. Settle government accounts
4. Promulgate accounting and auditing rules
including those for the prevention and
disallowance of irregular, unnecessary,
excessive, extravagant or unconscionable
expenditures.
5. Decide administrative cases involving
expenditures of public funds
Q: A was a career ambassador when he
accepted an ad interim appointment as
Cabinet member. The COA bypassed his ad
interim appointment, however, and he was not
reappointed. Can he re-assume his position
as a career ambassador?
No. His ad interim appointment as a Cabinet
member was a permanent appointment. He
abandoned his position as Ambassador when he
accepted his appointment as Cabinet Member
because as Cabinet Member, he could not hold
any other office during his tenure.
JURISDICTIONS
Q: Does the COMELEC have jurisdiction over
intra-party disputes?
The COMELEC’s jurisdiction over intra-party
disputes is limited. It does not have blanket
authority to resolve any and all controversies
involving political parties. Political parties are
generally free to conduct their activities without
interference from the state. The COMELEC may
intervene in disputes internal to a party only when
necessary to the discharge of its constitutional
functions.
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The Court ruled in Kalaw v. COMELEC-that the
COMELEC’s powers and functions under Section
2, Article IX-C of the Constitution, include the
ascertainment of the identity of the political party
and its legitimate officers responsible for its acts.
The Court also declared that the COMELEC’s
power to register political parties necessarily
involved the determination of the persons who
must act on its behalf. Thus, the COMELEC may
resolve an intra-party leadership dispute, in a
proper case brought before it, as an incident of its
power to register political parties. (Matias v.
COMELEC, G.R. No. 188920, 2010).
Q: Is the election of Sangguniang Kabataan
(SK) members within the jurisdiction of the
COMELEC?
No, the conduct of election, and contests
involving the election of SK officials do not fall
within the jurisdiction of COMELEC. Thus, it was
within the authority of the DILG Secretary to
exempt a local government unit from holding SK
elections. (Alunan v. Mirasol, G. R. No. 122250 &
122258, July 21, 1997).
However, it should be noted that before
proclamation, cases concerning eligibility of SK
officers and members are cognizable by the
Election Officer which is under the DILG. After the
election and proclamation, the same cases
become quo warranto cases cognizable by
MTCs, MCTCs, and MeTCs. (Marquez, v.
COMELEC, G.R. No. 127318, 1999).
Q: Does the COA have jurisdiction over the
Local Water Utilities Administration?
Yes. A water district is a GOCC with a special
charter. Under Section 2, Subdivision D, Article
IX of the 1987 Constitution, it is the mandate of
the COA to audit all government agencies,
including GOCCs with original charters. (Barbo v.
COA G.R. No. 157542, 2008)
Q: What are the functions of the COA?
If COA finds the internal control system of
audited agencies inadequate, COA may adopt
measures, including temporary or special pre­
audit, as necessary to correct deficiencies.
(Art. IX-D, Sec.1(1)).
Keep the general accounts of the government,
preserving vouchers and other supporting
papers pertaining thereto. (Art. IX-D, Sec.
2(V).
the techniques and methods required. (Art. IXD, Sec. 2(2)).
Promulgate accounting and auditing rules and
regulations:
1. Including those for the prevention or
disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable
expenditures of government funds and
properties.
2. Failure to comply with these rules can be a
ground for disapproving the payment of a
proposed expenditure. (Caltex v. COA, G.R.
No. 92585, 1992).
Q: Do the Boy Scouts of the Philippines (BSP)
fall under the COA’s audit jurisdiction?
Yes. The Supreme Court held that not all
corporations, which are not government owned or
controlled, are ipso facto private corporations as
there exists another distinct class of corporations
or chartered institutions which are otherwise
known
as “public corporations.” These
corporations are treated by law as agencies or
instrumentalities of the government which are not
subject to the tests of ownership or control and
economic viability but to a different criteria
relating to their public purposes/interests or
constitutional policies and objectives and their
administrative relationship to the government or
any of its departments or offices.
As presently constituted, the BSP is a public
corporation created by law for a public purpose,
attached to the Department of Education Culture
and Sports pursuant to its Charter and the
Administrative Code of 1987.
It is not a private corporation which is required to
be owned or controlled by the government and be
economically viable to justify its existence under
a special law. The economic viability test would
only apply if the corporation is engaged in some
economic activity or business function for the
government, which is not the case for
BSP. Therefore, being a public corporation, the
funds of the BSP fall under the jurisdiction of the
Commission on Audit. (Boy Scouts of the
Philippines v. COA, G.R. No. 177131, 2011)
Q; Is the Manila Economic and Cultural Office
subject to audit by the COA?
Yes, it is subject to the audit by COA for the
consular fees and verification fees it collects
because these are government funds.
Exclusive authority to define the scope of
COA’s audit and examination and to establish
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MECO is sui generis. It was established when the
Philippines severed diplomatic relations with
Taiwan upon recognition of China. None of its
members are government officials. It is neither a
GOCC nor an instrumentality. Its functions are of
a kind that would otherwise be performed by the
diplomatic and consular offices of the Philippines.
Although MECO is neither a GOCC nor a
government instrumentality and despite its non­
governmental
character,
MECO
handles
government funds in the form of the "verification
fees" it collects on behalf of the DOLE and the
"consular fees" it collects under Section 2(6) of
EO No. 15, s. 2001. Hence, under existing laws,
the accounts of the MECO pertaining to its
collection of such "verification fees" and "consular
fees" should be audited by the COA. (Funa v.
MECO, G.R. No. 193462, 2014).
Q: Are water districts within the coverage of
the COA?
Yes. A water district is a GOCC with a special
charter since it is created pursuant to a special
law. Thus, COA has the authority to investigate
whether directors, officials or employees of
GOCCs receiving allowances and bonuses are
entitled to such benefits under applicable laws.
(Zamboanga Water District v. COA, G.R. No.
213472, 2016).
Q: Can COA disallow TESDA from paying a
healthcare allowance to their employees?
Yes. TESDA is a government instrumentality, and
thus, under the coverage of COA. COA is
generally accorded complete discretion in the
exercise of its constitutional duty and
responsibility to examine and audit expenditures
of public funds. Only in instances when COA acts
without or in excess of jurisdiction or with grave
abuse of discretion amounting to lack or excess
of jurisdiction shall the Court interfere. (TESDA v.
COA, G.R. No. 196418, Feb 10, 2015).
E.
REVIEW OF FINAL ORDERS,
RESOLUTIONS AND DECISIONS
Q: What cases decided by COMELEC are
subject to judicial review?
Decisions or determinations by COMELEC in the
exercise of its administrative (not quasi-judicial)
power may be questioned in an ordinary civil
action before the trial court. (Filipinas Engineering
& Machine Shop v. Ferrer, G.R. No. L-31455,
1985).
If the COMELEC, in deciding a case, is exercising
quasi-judicial functions, the remedy is to go to the
Supreme Court via Rule 65 (Rule 64, Rules of
Court).
Q: Who has jurisdiction to determine the
presence of “probable cause” in election
cases?
The finding of probable cause and the
prosecution of election offenses rest in the
COMELEC’s sound discretion. (Baytpn v.
COMELEC G.R. No. 153945, Feb 4, 2003).
The Chief State Prosecutor, who may have been
designated by the COMELEC to prosecute a
criminal action, merely derives his authority from
the COMELEC. It is beyond his power to oppose
the appeal made by COMELEC. (Comelec v.
Silva, G.R. No. 129417, 1998).
Q: How is judicial review of COMELEC
decisions invoked?
A petition for certiorari via Rule 65 of the ROC is
filed with the SC within 30 days from receipt of a
copy of a final order, ruling, or decision of the
Commission en banc. (Aratuc v. Comelec, G.R.
No. L-49705-09, 1979).
C.
D.
E.
COMPOSITION AND QUALIFICATIONS
OF MEMBERS
PROHIBITED OFFICES AND INTERESTS
REVIEW OF FINAL ORDERS,
RESOLUTIONS, AND DECISIONS
BILL OF RIGHTS
A.
FUNDAMENTAL POWERS OF THE
STATE
Q: What arc the inherent or fundamental
powers of the State?
1. Police Power
2. Power of eminent domain
3. Taxation
These belong to the very essence of government,
without which no government can exist; a
constitution does not grant such powers to
government; a constitution can only define and
delimit them and allocate their exercise among
various government agencies.
Q: Who may exercise police power?
It is vested in the Legislature and may be
delegated, within limits, to local governments.
(Philippine Association of Service Exporters v.
Drilon, G.R. No. 81958, 1988).
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Q: Who may exercise the power of taxation?
It is vested in the Legislature, and is delegated to:
1. Local legislative bodies, (Sec. 5, Art. X).
2. To a limited extent, the President when
granted tariff powers. (Sec. 28(2), Art. VI).
Q: Who may exercise the power of eminent
domain?
It is vested in the Legislature and, may be
delegated to the:
1. President
2. Administrative bodies
3. Local government units
4. Private enterprises performing public services
(City of Manila v. Chinese Community of
Manila, G.R. No. L-14355, 1919).
direct
Benefits No
Received and
immediate
by
benefit, only
Person
may
Affected what
arise
from
maintenanc
e
of
a
healthy
economic
standard of
society
Market
value
property
taken
Receives
of equivalen
t of the tax
in form of
protection
and
benefits
from
governme
nt
Amount
Market
value
property
taken
Generally
of no limit;
subject to
due
process
Q. What are the differences among the three
powers of the State?_____________________
Police
Power
Eminent
Domain
Taxation
Authority
Government
or
its
political
subdivisions
May
be Gov’t or
granted
to its
public
political
service
subdivisio
ns
companies
or
public
utilities
Purpose
Regulation
for
promotion of
general
welfare and
the
public
good - not
compensabl
e
Property is
“taken”
public use or
benefit
compensabl
e
Persons
affected
Effect
Property
is taken
for
the
support of
Gov’t
Community
An entity o r ; Communi
or class of Individual
ty or class
entities
or
of entities
or
individuals
individual
s
No transfer
of title, at
most there is
a
restraint
on
the
injurious use
of
the
property
Transfer of
the right to
property
whether it be
ownership
or to a lesser
right
Becomes
part
of
public
funds
What
is
sufficient to
cover cost of
license and
other
necessary
expenses
Q. What are the requirements for the validity
of local ordinance? (COD-PUT)
1. Must not contravene with the Constitution
and any other statute
2. Must not be unfair or Oppressive
3. Must not be partial or Discriminatory
4. Must be general and consistent with Public
policy
5. Must not be Unreasonable
6. Must not prohibit, but may regulate Trade
(City of Manila v. Laguio, G.R. No. 118127,
2005).
B. PRIVATE ACTS AND THE BILL OF
RIGHTS
Q: Are private acts subject to the protection
of the Bill of Rights?
No, by definition, the Bill of Rights is a set of
prescriptions setting forth the fundamental civil
and political rights of the individual, and imposing
limitations on the powers of the government as a
means of securing the enjoyment of those rights.
(Nachura).
If the violation is by private individuals, the
remedy is found in the Civil Code, or if proper, in
the Revised Penal Code. (Bernas, The 1987
Constitution of the Republic of the Philippines,
2009 ed.)
Q: Who are protected by Due Process?
1. All natural persons
2. Artificial persons - only insofar as their
property is concerned. (Smith Bell & Co. v.
Natividad, G.R. No. 15574, 1919).
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C. DUE PROCESS - THE RIGHTS TO LIFE,
LIBERTY & PROPERTY
1. RELATIVITY OF DUE PROCESS
Q: Is the right to a preliminary investigation a
Constitutional right?
No, it is merely a statutory right. It is required
before the filing of a complaint or information for
an offense where the penalty prescribed by law is
at least 4 years, 2 months and 1 day, without
regard to the fine. (Serapio v. Sandiganbayan,
G.R. No. 148468, Jan. 28, 2003).
PROCEDURAL AND SUBSTANTIVE DUE
PROCESS
Q: Differentiate Procedural and Substantive
Due Process.
Procedural due process refers to the procedure
that government agencies must follow in the
enforcement and application of laws. It
contemplates notice and opportunity to be heard
before judgment is rendered affecting one’s
person or property. (Fabella v. Court of Appeals,
G.R. No. 110379, 1997).
Substantive due process concerns itself with the
law, its essence, and its concomitant efficacy;
procedural due process focuses on the rules that
are established in order to ensure meaningful
adjudications appurtenant thereto. (Separate
Opinion of Justice Vitug in Serrano v. NLRC, G.R.
No. 117040, 2000).
Q: What are the requisites for substantive due
process to be complied with?
Reasonable Subject - The interests of the public
generally, as distinguished from those of a
particular class, requires the interference by the
government
Reasonable Means - The means employed are
reasonably necessary for the accomplishment of
the purpose and not unduly oppressive upon
individuals. (US. v. Toribio, G.R. No. L-5060,
1910).
history. It is a constitutional restraint on the
legislative as well as on the executive and judicial
powers of the government provided by the Bill of
Rights. On the other hand, Statutory due process
is a procedure created by law, which upholds the
constitutional right of a person to due process.
Constitutional due process protects the individual
from the government and assures him of his
rights in criminal, civil or administrative
proceedings; while statutory due process found in
the Labor Code and Implementing Rules protects
employees from being unjustly terminated
without just cause after notice and hearing.
(Agabon v. NLRC, G.R. No. 158693, 2004).
HIERARCHY OF RIGHTS
Q: Is there a hierarchy of rights in Article III?
Yes. While the Bill of Rights also protects
property rights, the primacy of human rights over
property rights is recognized.
Property and property rights can be lost thru
prescription; but human rights are imprescriptible.
The superiority of these freedoms over property
rights is underscored by the fact that a mere
reasonable or rational relation between the
means employed by the law and its object or
purpose — that the law is neither arbitrary nor
discriminatory nor oppressive — would suffice to
validate a law which restricts or impairs property
rights. (Philippine Blooming Mills Employment
Organization v. Philippine Blooming Mills Co.,
G.R. No. L-31195, June 5, 1973).
Q: What are the requisites of a valid exercise
of police power in connection with
substantive due process?
1. The interest of the public generally, as
distinguished from those of a particular class,
require such interference.
2. That the means are reasonably necessary for
the accomplishment of the purpose and not
unduly oppressive upon individual. (U.S. v.
Toribio, G.R. No. L-5060, 1910).
CONSTITUTIONAL AND STATUTORY DUE
PROCESS
5. JUDICIAL STANDARDS OF REVIEW
Q: Is Constitutional Due Process different
from Statutory Due Process?
Yes. The Due Process Clause in Article III,
Section 1 of the Constitution embodies a system
of rights based on moral principles so deeply
imbedded in the traditions and feelings of our
people as to be deemed fundamental to a
civilized society as conceived by our entire
Q: What are the elements of due process in
judicial proceedings? (Ju3NO)
1. An impartial court or tribunal clothed with
judicial power to hear and determine the
matter before it.
2. Jurisdiction must be lawfully acquired over
the person or subject matter.
3. Judgment must be rendered upon a lawful
hearing,
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4. The defendant must be given notice and an
opportunity to be heard.
Q: What are the elements of due process in
administrative proceedings? (HIP DESK)
1. The right to a hearing, which includes the
right to present one’s case and submit
evidence in support thereof.
2. The tribunal or body or any of its judges must
act on its or his own Independent
consideration of the law and facts of the
controversy, and not simply accept the views
of a subordinate in arriving at a decision.
3. The decision must be based on the evidence
presented at the hearing or at least contained
in the record and disclosed to the parties
affected.
4. The decision must have something to
support itself.
5. The tribunal must consider the evidence
presented.
6. Evidence supporting the conclusion must be
L, substantial.
7. The board or body should, in all controversial
questions, render its decision in such a
manner that the parties to the proceeding can
know the various issues involved and the
reasons for the decision rendered
Q: What are the instances when hearings are
not necessary?
1. When administrative agencies are exercising
their quasi-legislative functions
2. When administrative agencies are exercising
their quasi-judicial functions if temporary
pending hearing.
3. Abatement of nuisance per se
4. Granting by courts of provisional remedies
5. Cases of preventive suspension
6. Removal of temporary employees in the
government
7. Issuance of warrants of distraint and/or levy
by the BIR Commissioner.
8. Cancellation of the passport of a person
charged with a crime.
9. Suspension of a bank's operations by the
Monetary Board upon a prima facie finding of
liquidity problems in such bank.
Q: What are the minimum standards of due
process in student disciplinary cases? (IAIAC)
1. The students must be Informed in writing of
the nature and the cause of any accusation
against them
2. They shall have the right to answer the
charges against them, with the assistance of
counsel, if desired
3. They shall be informed of the evidence
against them
4. They shall have the right to adduce evidence
in their own behalf
5. The evidence must be duly considered by the
investigating committee or official designated
by the school authorities to hear and decide
the case.
Q: Is the Philippine Military Academy (PMA)
bound by the due process standards in
student disciplinary cases?
Yes. The PMA is not immune from the strictures
of due process. The statement that “a cadet can
be compelled to surrender some civil rights and
liberties in order for the Code and System to be
implemented” simply pertains to what cadets
have to sacrifice in order to prove that they are
men or women of integrity and honor, such as the
right to entertain vices and the right to freely
choose what they want to say or do. In the context
of disciplinary investigation, it does not
contemplate a surrender of the right to due
process but, at most, refers to the cadets’ rights
to privacy and to remain silent. (First Class Cadet
Aldrin Jeff P. Cudia of the PMA v. The
Superintendent of the PMA, G.R. No. 211362,
February 24, 2015.)
Q. What are the requirements of due process
in deportation proceedings? (SP-CP)
1. Charges against alien must Specify the acts
or omissions complained of
2. Preliminary investigation - to determine
whether there is sufficient cause to charge
respondent with deportation
3. Follow rules of Criminal procedure
4. Private prosecutors should NOT be allowed
to intervene.
Q: Does media coverage in criminal cases
violate the right of the accused to a fair trial?
Not necessarily. The right of an accused to a fair
trial is not incompatible to a free press, that
pervasive publicity is not per se prejudicial to the
right of an accused to a fair trial, and that there
must be allegation and proof of the impaired
capacity of a judge to render a bias-free decision.
The Court partially granted pro hac vice
petitioners’ prayer for a live broadcast of the trial
court proceedings, subject to strict guidelines. (In
Re: Petition For Radio And TV Coverage Of The
Multiple Murder Case Against Zaldy Ampatuan Et
AL, A.M. No. 10-11-5-SC, 2011.)
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6. VOID FOR VAGUENESS DOCTRINE
Q: What is the Void for Vagueness doctrine?
A law is vague when it lacks comprehensible
standards such that men of common intelligence
must necessarily guess as to its meaning and
differ as to its application. It should be
distinguished from those couched in imprecise
language which can be saved by proper
construction. (Romualdez v. Sandiganbayan,
G.R. No. 152259, 2004).
Q: Does the RH Law suffer void for vagueness
due to the insufficiency of definition of some
terms?
No. A statute or act suffers from the defect of
vagueness when it lacks comprehensible
standards that men of common intelligence must
necessarily guess its meaning and differ as to its
application. It is repugnant to the Constitution in
two respects: (1) it violates due process for failure
to accord persons, especially the parties targeted
by it, fair notice of the conduct to avoid; and (2) it
leaves law enforcers unbridled discretion in
carrying out its provisions and becomes an
arbitrary flexing of the Government muscle.
Moreover, in determining whether the words used
in a statute are vague, words must not only be
taken in accordance with their plain meaning
alone, but also in relation to other parts of the
statute. It is a rule that every part of the statute
must be interpreted with reference to the context,
that is, every part of it must be construed together
with the other parts and kept subservient to the
general intent of the whole enactment.
As correctly noted by the OSG, in determining the
definition of "private health care service provider,”
reference must be made to Section 4(n) of the RH
Law which defines a "public health service
provider,” (imbong v. Ochoa, G.R. 204819, April
2014).
Q: Is “aiding or abetting” in the commission
of any offense or “attempting” to commit any
offense
punished in the Cybercrime
Prevention overbroad?
Yes. A user can post a statement, a photo or a
video on Facebook. If the post is made available
to the public, anyone can react by clicking “Like.”
“Comment” enables him to post on line his
feelings or views. “Share” make it visible to his
friends. Except for the original author of the
a s s a ile d
statement, the rest are knee-jerk
sentiments of readers who may thing littler or
haphazardly of their response to the posting.
Unless the law takes to account the unique
circumstances and culture of cyberspace, such a
law will create a chilling effect on those who
express themselves through cyberspace. Thus,
Section 5, which punishes “aiding or abetting"
libel on cyberspace is void. (Disini v. Secretary of
Justice, G. R. No. 203335 February 18, 2014.)
D. EQUAL PROTECTION
1. CONCEPT
VALID
2. REQUISITES
FOR
CLASSIFICATION
1. It must be based on substantial
distinctions;
2. It must be germane to the purpose of the
law;
3. It must not be limited to existing
conditions only; and
4. It must apply equally to all members of
the class (PAGCOR v. BIR, G.R. No.
172087, 2011).
Q: X, who was a victim of abuse by her
husband Y, filed a petition for Temporary
Protection Order (TPO) pursuant to R.A. 9262
(Anti-VAWC
Law).
Y
assails
the
constitutionality of R.A. 9262 contending,
among others, that it violates the equal
protection clause of the laws. Will Y’s
contention prosper? (BERNABE)
No. The requirements for a valid classification
were met. There is a substantial distinction
between men and women as provided by
statistics which show that it is more likely to have
female victims of domestic abuse as opposed to
male victims. R.A. 9262 is based on a valid
classification and did not violate the equal
protection clause by favoring women over men as
victims of violence and abuse. (Garcia v. Drilon,
G.R. No. 179267, June 25, 2013.)
3.
STANDARDS OF JUDICIAL REVIEW
Q: What is the doctrine of Relative
Unconstitutionality?
A statute valid at one time may become void at
another time because of altered circumstances.
Thus, if a statute in its practical operation
becomes arbitrary or confiscatory, its validity,
even though affirmed by a former adjudication, is
open to inquiry and investigation in the light of
changed conditions. (Central Bank Employees
Association, Inc. v. Bangko Sentral ng Pilipinas.
G.R. No. 148208, Dec. 15, 2004).
Q: Distinguish between strict judicial
scrutiny, intermediate scrutiny and rational
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basis scrutiny, the three test for the
reasonableness of classification.
1. Rational basis - challenged classification
needs only be shown to be rationally related
to serving a legitimate state interest.
2. Intermediate - challenged classification serves
an important state interest and that the
classification is at least substantially related to
serving that interest.
3. Strict - classification is necessary to achieve a
compelling state interest and that it is the least
restrictive means to protect such interest.
(White Light Corporation v. City of Manila,
G.R. No. 122846, 2009).
Q: Is there a substantial distinction between
elective and appointive officials?
Yes. The former occupy their office by virtue of
the mandate of the electorate. They are elected
to an office for a definite term and may be
removed therefrom only upon stringent
conditions. On the other hand, appointive officials
hold their office by virtue of their designation
thereto by an appointing authority. Some
appointive officials hold their office in a
permanent capacity and are entitled to security of
tenure while others serve at the pleasure of the
appointing authority. (Eleazar P. Quinto and
GerinoA. Tolentino, Jr., vs. COMELEC, G.R. No.
189698, February 22, 2010).
Q: Does Section 6 of the Cybercrime
Prevention Act, punishing by one degree
higher crimes committed through the internet,
violate equal protection?
No. There is substantial distinction between
crimes committed through the use of information
technology and similar crimes using other means.
In every cybercrime, the offender often evades
identification and is able to reach more victims or
cause more harm. (Disini vs. Secretary of Justice,
G.R. No. 203335, February 18, 2014).
Q: Does the RH Law violate the right to equal
protection of the law such that it
discriminates against the poor as it makes
them the primary target of the government
program that promotes contraceptive use
rather than promoting reproductive health
among the poor?
No. To provide that the poor are to be given
priority in the government's reproductive health
care program is not a violation of the equal
protection clause. In fact, it is pursuant to Section
11, Article XIII of the Constitution which
recognizes the distinct necessity to address the
needs of the underprivileged by providing that
they be given priority in addressing the health
development of the people. Section 7 of the RH
Law prioritizes poor and marginalized couples
who are suffering from fertility issues and desire
to have children. Thus, there is no merit to the
contention that the RH Law only seeks to target
the poor to reduce their number. (Imbong v.
Ochoa, G.R. 204819, April 2014).
E. SEARCHES AND SEIZURES
4.
WARRANT REQUIREMENT
Q: What are the requisites for searches and
seizures with a valid warrant?
CODE: JPEPO
1.
2.
3.
4.
5.
The existence of probable cause is
determined personally by the JUDGE.
It must be issued upon a finding of
PROBABLE CAUSE.
The judge must EXAMINE UNDER OATH
the complainant and the witnesses he may
produce.
The
warrant
must
PARTICULARLY
DESCRIBE the place to be searched and
person or things to be seized.
It must be in connection with ONE SPECIFIC
offense. (Art. Ill, Sec. 2)
Q: Must the judge personally examine the
complainant and the witnesses for an arrest
warrant?
No. The judge is not required to examine
personally. He is only required to determine
probable cause personally. He may satisfy
himself by fiscal reports, if not, he may require
submission of affidavit of witnesses. (Soliven v.
Makasiar, G.R. No. 82585, 1988).
Q. What is the requirement for a John Doe
warrant to be valid?
It must contain a descriptio personae (description
of the person) such as to enable the officer to
identify the accused. (People v. Veloso, G.R. No.
L-23051, 1925).
3.
WARRANTLESS SEARCHES
Q: When can there be warrantless searches?
CODE: WIPES MAC PC
1.
2.
3.
4.
5.
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Waiver of right
Incidental to a lawful arrest
Plain view doctrine
During exigent and emergency situations
Moving vehicle
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6.
7.
Stop and frisk rule
Seizure of goods concealed to avoid customs
duties
8. Airport searches
9. Checkpoints
10. Warrantless search by a private individual
Q: Can the right against unreasonable search
and seizure be invoked against acts of a
private individual?
No. The protection against unreasonable
searches and seizures cannot be extended to
acts committed by private individuals so as to
bring it within the ambit of alleged unlawful
intrusion by the government. (People v. Marti,
G.R. No. 81561, 1991).
Q: What are the requisites of the plain view
doctrine?
REQUISITES: (VIAJ)
1. There was a prior valid intrusion
2. The evidence was inadvertently discovered
3. The evidence is immediately apparent
4. Plain view is justified seizure without further
search. (Miclatv. People, G.R. No. 176077,
2011).
Q: What is the exclusionary rule?
Any evidence obtained in violation of the
proscription against warrantless searches and
seizure shall be inadmissible for any purpose in
any proceeding. However, in the absence of
governmental interference, the protection against
unreasonable search and seizure cannot be
extended to acts committed by private
individuals. (People v. Marti, supra.)
4. WARRANTLESS ARRESTS
Q: Differentiate arrests with warrants from
warrantless arrests.
Arrest with Warrant
• The existence of
probable cause is
determined
personally by the
JUDGE.
• it must be issued
upon PROBABLE
CAUSE.
• The judge must
EXAMINE UNDER
OATH
the
complainant
and
the witnesses he
may produce.
• The warrant must
PARTICULARLY
DESCRIBE
the
person
to
be
arrested.
• It must be in
connection
with
ONE
SPECIFIC
offense.
Warrantless Arrests
When the person to be
arrested
has
COMMITTED,
is
actually
COMMITTING, or is
ABOUT TO COMMIT
an offense in the
PRESENCE of the
arresting officer.
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.
When the person to be
arrested
is
a
PRISONER who has
escaped.
Q: What is the rule on the issuance of
warrants of arrest or search warrants?
GENERAL RULE: Only a judge may validly issue
a warrant of arrest or a search warrant, upon
fulfillment
of Constitutional
requirements.
(Salazar v. Achacoso, G.R. No. 81510, 1990).
EXCEPTION: Orders of arrest may be issued by
Administrative Authorities, but only for the
purpose of carrying out a final finding of a
violation of law. (Morano v. Vivo, G.R. No. L22196, 1967).
E.g.
• Order or deportation (Domingo v. Sheer,
G.R. No. 154745, 2004)
• Order of Contempt (Cruz v. Gingoyon,
G.R. No. 170404, 2011)
Q: Are search warrants, which allowed the
seizure of over 100 items from offices
suspected of conducting illegal toll bypass
operations, general warrants?
No, they are not general warrants if it is
established that the items to be searched are
connected to the crime invoived. A search
warrant fulfills the requirement of particularity in
the description of the things to be seized when
the things described are limited to those that bear
a direct relation to the offense for which the
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warrant is being issued. (Worldwide Web
Corporation v. People, G.R. 161106, Jan 13,
2014).
Q: May the right to question the irregularity of
a warrantless arrest be subject to waiver or
estoppel?
Yes. An accused is already estopped from
assailing any irregularity of his arrest if he fails to
raise this issue or to move for the quashal of the
information against him on this ground before
arraignment. Thus, any objection involving a
warrant of arrest or the procedure by which the
court acquired jurisdiction of the person of the
accused must be made BEFORE he enters his
plea; otherwise, the objection is deemed waived.
(People v. Velasco, G.R. No. 190318, 2013).
5.
ADMINISTRATIVE ARRESTS
Q: Does the traditional notion of Probable
Cause extend to deportation proceedings?
No. Section 37 of the Immigration Law,
empowering the Commissioner of Immigration to
issue warrants for the arrest of overstaying aliens
is constitutional. The arrest is a step preliminary
to the deportation of the aliens who had violated
the condition of their stay in this country. The
requirement of probable cause, to be determined
by a Judge, does not extend to deportation
proceedings. There need be no "truncated"
recourse to both judicial and administrative
warrants in a single deportation proceeding.
(Harvey v. Miriam Defensor Santiago, G.R. No.
82544, 1988).
2. EVIDENCE THROUGH PURELY
MECHANICAL ACTS
Q: May mandatory drug tests be validly
conducted in schools and private offices?
Yes. The drug test prescribed under Sec. 36(c),
(d), and (f) of RA 9165 for secondary and tertiary
level students and public and private employees,
while mandatory, is a random and suspicion-less
arrangement. The objective is to stamp out illegal
drug and safeguard in the process "the well being
of [the] citizenry, particularly the youth, from the
harmful effects of dangerous drugs." This
statutory purpose, per the policy - declaration
portion of the law, can be achieved via the pursuit
by the state of "an intensive and unrelenting
campaign against the trafficking and use of
dangerous drugs x x x through an integrated
system of planning, implementation and
enforcement of anti - drug abuse policies,
programs and projects." The primary legislative
intent is not criminal prosecution, as those found
positive for illegal drug use as a result of this
random testing are not necessarily treated as
criminals. They may even be exempt from
criminal liability should the illegal drug user
consent to undergo rehabilitation. (SJS v. DDB
and PDEA, GR No: 157870, 2008).
Q: May persons arrested for crimes be the
subject of mandatory drug tests?
There is no valid justification for mandatory drug
testing for persons accused of crimes. In the case
of students, the constitutional viability of the
mandatory, random, and suspicion-less drug
testing for students emanates primarily from the
waiver by the students of their right to privacy
when they seek entry to the school, and from their
voluntarily submitting their persons to the
parental authority of school authorities.
In the case of private and public employees, the
constitutional soundness of the mandatory,
random, and suspicion-less drug testing
proceeds from the reasonableness of the drug
test policy and requirement.
The situation is entirely different in the case of
persons charged before the public prosecutor’s
office with criminal offenses punishable with six
(6) years and one (1) day imprisonment.
The operative concepts in the mandatory drug
testing are "randomness" and "suspicion-less." In
the case of persons charged with a crime before
the prosecutor's office, a mandatory drug testing
can never be random or suspicion-less. They are
not randomly picked; neither are they beyond
suspicion. When persons suspected of
committing a crime are charged, they are singled
out and are impleaded against their will. The
persons thus charged, by the bare fact of being
haled before the prosecutor's office and
peaceably submitting themselves to drug testing,
if that be the case, do not necessarily consent to
the procedure, let alone waive their right to
privacy.
To impose mandatory drug testing on the
accused is a blatant attempt to harness a medical
test as a tool for criminal prosecution, contrary to
the stated objectives of RA 9165. Drug testing in
this case would violate a persons' right to privacy
guaranteed under Sec. 2, Art. Ill of the
Constitution. Worse still, the accused persons are
veritably forced to incriminate themselves. (SJS
v. DDB and PDEA, supra).
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F. PRIVACY OF COMMUNICATIONS AND
CORRESPONDENCE
1. PRIVATE AND PUBLIC
COMMUNICATIONS
Q: Can private communications be made
public?
Private communications can be made public
where a secret involves public questions which
the State should and ought to know, the State
may infringe that privacy of communication by
some process or by appealing to the Court for the
purpose of determining whether or not the privacy
should be maintained. The court may allow
intrusions on privacy of communication and
correspondence only on the ground of probable
cause. (Bernas, The 1987 Constitution of the
Republic of the Philippines, 2009)
2.
INTRUSION, WHEN ALLOWED
Q: What are “Zones of Privacy”?
Zones of privacy are recognized and protected in
our laws. Within these zones, any form of
intrusion is impermissible unless excused by law
and in accordance with customary legal process.
The meticulous regard we accord to these zones
arises not only from our conviction that the right
to privacy is a “constitutional right” and “the right
most valued by civilized men,” but also from our
adherence to the Universal Declaration of Human
Rights which mandates that, “no one shall be
subjected to arbitrary interference with his
privacy” and “everyone has the right to the
protection of the law against such interference or
attacks.” Thus, the two constitutional guarantees
create these zones of privacy: (a) the right
against unreasonable searches and seizures,
which is the basis of the right to be let alone, and
(b) the right to privacy of communication and
correspondence. In assessing the challenge that
the State has impermissibly intruded into these
zones of privacy, a court must determine whether
a person has exhibited a reasonable expectation
of privacy and, if so, whether that expectation has
been violated by unreasonable government
intrusion. (Disini v. Sec. of Justice, G.R. No.
203335, 2014)
EXCLUSIONARY RULE
Q: What is the Exclusionary Rule?
Any evidence obtained shall be inadmissible for
any purpose in any proceeding. However, in the
absence of governmental interference, the
protection against unreasonable search and
seizure cannot be extended to acts committed by
private individuals.
The constitutional proscription against unlawful
searches and seizures applies as a restraint
directed only against government and its
agencies tasked with the enforcement of the law.
Thus, it could only be invoked against the State
to whom the restraint against arbitrary and
unreasonable exercise of power is imposed.
(People v. Marti, 1991).
This does not mean however that private
individuals cannot be held liable. Almost all these
liberties are also guaranteed by Article 32 of the
Civil Code, making private violations actionable
even if the violation does not have a constitutional
consequence such as the applicability of the
exclusionary rule.
(Bernas, The 1987
Constitution of the Republic of the Philippines,
2009).
3. WRIT OF HABEAS DATA
Q: What is the Writ of Habeas Data?
A remedy available to any person whose right to
privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a
public official or employee, or of a private
individual or entity engaged in the gathering,
collecting or storing of data or information
regarding the person, family, home and
correspondence of the aggrieved party. (Sec. 1,
A.M. No. 08-1-16-SC)
Q: Is there an expectation of privacy in an
Online Social Network activity?
Before one can have an expectation of privacy in
his or her Online Social Network activity, it is first
necessary that said user manifest the intention to
keep certain posts private, in the cyber world,
utilization of privacy tools is the manifestation of
the user’s invocation of his or her right to
informational privacy. Considering that the
default setting for Facebook posts is “Public,” it
can be surmised that the photographs in question
were viewable to everyone on Facebook, absent
any proof that petitioners’ children positively
limited the disclosure of the photograph. If such
were the case, they cannot invoke the protection
attached to the right to informational privacy.
That the photos are viewable by “friends only”
does not necessarily bolster the petitioners’
contention. In this regard, the cyber community is
agreed that the digital images under this setting
still remain to be outside the confines of the zones
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of privacy in view of the following: (1) Facebook
“allows the world to be more open and connected
by giving its users the tools to interact and share
in any conceivable way”; (2) A good number of
Facebook users “befriend” other users who are
total strangers; (3) The sheer number of “Friends”
one user has, usually by the hundreds; and (4) A
user’s Facebook friend can "share” the former’s
post, or “tag” others who are not Facebook
friends with the former, despite its being visible
only to his or her own Facebook friends. Setting
a post’s or profile detail’s privacy to “Friends” is
no assurance that it can no longer be viewed by
another user who is not Facebook friends with the
source of the content. (Vivares v. St. Theresa’s
College, G.R. No. 202666, September 29, 2014).
G. FREEDOM OF EXPRESSION
1. CONCEPT AND SCOPE
Q: What are the 2 aspects of Freedom of
Expression?
1. Prior restraint - Official
government
restrictions on the press or other forms of
expression in advance of actual publication or
dissemination
are
constitutionally
impermissible. (Chavez v. Gonzales, G.R. No.
168338, 2008).
'2. Subsequent punishment - The guarantee of
freedom of expression also means a limitation
on the power of the State to impose
subsequent punishment, after publication.
(Soriano v. Laguardia, G.R. 164785, 2009,
Dissenting opinion J. Carpio).
Q: What are the exceptions to freedom from
prior restraint?
1. When the nation is at war
2. Obscene publications
3. Security of community life may be protected
against incitements to violence or overthrow of
orderly government. (Near v. Minnesota 283
U.S. 697, 1931).
2. CONTENT-BASED AND CONTENTNEUTRAL REGULATIONS
Q: Distinguish content-neutral from contentbased regulations.
Content-based restriction is based on the
subject matter of the utterance or speech and
thus treated as more suspect than contentneutral laws because of judicial concern with
discrimination in the regulation of expression.
Content-neutral regulation is merely concerned
with the incidents of the speech, or one that
merely controls the time, place or manner, and
under well-defined standard. Content-neutral
regulations of speech or of conduct that may
amount to speech are subject to lesser but still
heightened scrutiny. (Newsounds Broadcasting
Network v. Dy, G.R. Nos. 170270 & 179411, April
2, 2009).
(a) Tests
What is an example of content-based and
content-neutral regulations?
Clear and Present Danger Test (Content-based
regulations) Speech may be curtailed if the words
used are used in such circumstances and are of
such nature as to create a clear and present
danger that they will bring about the substantive
evils that Congress has a right to prevent.
(Chavez v. Gonzales, G.R. No. 168338, February
15, 2008)
Intermediate Scrutiny Test (Content-neutral
regulations)
Content-neutral
government
regulation is sufficiently justified if:
1. it is within the constitutional power of the
Government
2. it furthers an important or substantial
governmental interest
3. governmental interest is unrelated to the
suppression of free expression
4. the incident restriction on alleged freedom of
speech & expression is no greater than is
essential to the furtherance of that interest.
(Chavez v. Gonzales, supra.)
(b) Applications
Q: The COMELEC ordered to immediately
remove a 6x1 Oft tarpaulin displaying the
names of electoral candidates who did and
did not vote for the adoption of the RH Law
under the headings “Team Buhay” and “Team
Patay”. Did the order of COMELEC violate the
exercise of the petitioners’ right of freedom of
speech?
Yes. The Court found that there is no compelling
and substantial state interest endangered by the
posting of the tarpaulin as to justify curtailment of
the right of freedom of expression. There is no
reason for the State to minimize the right of non­
candidate petitioners to post the tarpaulin in their
private property. (Archdiocese of Bacolod v.
COMELEC, G.R. No. 205728, 2015)
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Q: COMELEC ordered a prohibition on
exhibiting election propaganda on “mobile”
places like cars. Was the COMELEC’s
prohibition valid?
No. The Court held that the prohibition unduly
infringes on the right to free speech and
expression. It ruled that there was no public
interest substantial enough to warrant the kind of
restriction involved in this case. There was also
no showing that the prohibition served any
substantial government interest. (Adiong v.
COMELEC, G.R. No. 103956, 1992)
3. FACIAL CHALLENGES AND THE
OVERBREADTH DOCTRINE
Q: When is Facial Invalidation proper?
A facial challenge is allowed against vague or
overbroad statutes because of possible "chilling
effect" upon protected speech. The theory is that
"[w]hen statutes regulate or proscribe speech and
no readily apparent construction suggests itself
as a vehicle for rehabilitating the statutes in a
single prosecution, the transcendent value to all
society of constitutionally protected expression is
deemed to justify allowing attacks on overly broad
statutes with no requirement that the person
making the attack demonstrate that his own
conduct could not be regulated by a statute drawn
with narrow specificity." This rationale does not
appiy to
penal
statutes.
(Estrada
v.
Sandiganbayan, G.R. No. 148560, 2001).
Q: What is the Over-Breadth doctrine?
The doctrine provides that a government purpose
may not be achieved by means that sweep
unnecessarily broadly and thereby invade the
area of protected freedoms. (Griswold v.
Connecticut, 381 US 479, 1965 citing NAACP v.
Alabama, 377 U.S. 288 (1964)).
Q. Are void for vagueness and over-breadth
doctrine applicable to criminal statue?
No. It only applies to those involving free speech.
Criminal statues generally have in terrorem effect
resulting from the very existence, and, if facial
challenge is allowed for this reason alone, the
State may be prevented from enacting laws
against socially harmful conduct. (Southern
Hemishpere Engagement Network, Inc v. Anti­
terrorism Council, GR No. 178552, 2010).
Q. What is the hierarchy of civil liberties?
The freedom of expression and the right of
peaceful assembly are superior to property rights.
(Phil. Blooming Mills Emp. Org. v. Phil. Blooming
Mills Co., G.R. No. L-31195, June 5, 1973).
4. TESTS
Q: What are the tests for valid governmental
interference?
1. Clear And Present Danger Rule - words are
used in such circumstance and of such nature
as to create a clear and present danger that
will bring about substantive evil that the State
has the right to prevent. (Focus on content +
context) (Schenck v. US, 249 U S. 47, 1919)
2. Dangerous Tendency Rule - words uttered
create a dangerous tendency of an evil which
State has the right to prevent. (Focus on
content) (Cabansag v. Fernandez, et a!., GR
No. L-8974, 1957)
3. Balancing of Interests Test - when particular
conduct is regulated in the interest of public
order and the regulation results in an indirect,
conditional, partial abridgement of speech, the
duty of the courts is to determine which of the
two conflicting interests demands the greater
protection under the particular circumstances
presented. (American Communications Assn,
v. Douds, 339 U.S. 382, 1950).
Q: Does Section 19 of the Cybercrime
Prevention Act on Restricting or Blocking
Access
to
Computer
Data violate Freedom of Speech?
Yes. The content of the computer data can also
constitute speech. In such a case, Section 19
operates as a restriction on the freedom of
expression over cyberspace. Certainly not all
forms of speech are protected. Legislature may,
within constitutional bounds, declare certain
kinds of expression as illegal. But for an executive
officer to seize content alleged to be unprotected
without any judicial warrant, it is not enough for
him to be of the opinion that such content violates
some law, for to do so would make him judge,
jury, and executioner all rolled into one. Not only
does Section 19 preclude any judicial
intervention, but it also disregards jurisprudential
guidelines established to determine the validity of
restrictions on speech. (Disini v. Sec. of Justice,
G.R. No. 203335, Feb. 11, 2014; See case for
other provisions relating to freedom of speech,
which were upheld by the court).
Q: Define core speech.
“Core speech” is speech that communicates
political, social, or religious ideas. It is given
greater protection than commercial speech that
does no more than propose a commercial
transaction, e.g. advertisements.
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Q: What is Symbolic Speech?
When “speech” and “non-speech” elements are
combined in the same course of conduct, a
sufficiently important government interest in
regulating the non-speech element can justify
incidental limitations on free speech. A
governmental regulation is sufficiently justified if:
1. It is within the Constitutional power of the
government;
2. It furthers an important or substantial
governmental interest unrelated to the
suppression of free expression; and
3. If the incidental restriction on alleged freedom
is no greater than is essential to that interest
(U.S. v. O’Brien)
Q: What is the doctrine of fair comment?
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 deemed false, because every man is
presumed innocent until his guilt is judicially
proved, and every false imputation is deemed
malicious, nevertheless, when the discreditable
imputation is directed against a public person in
his public capacity, 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 opinion, based
on facts, then it is immaterial that the opinion
happens to be mistaken as long as it might
reasonably be inferred from the facts. (Borjal v.
CA, GR No. 126466, 1999).
Q: If the petitioners cannot present a permit
during a rally due to inaction of the mayors on
the applications within a reasonable time, can
they be dispersed validly?
No. After two days from submission of the
application with the local mayor and the
corresponding inaction of the said mayor, the
rallyists may conduct their rally in accordance
with their application without the need to show a
permit from the mayor, the grant of the permit
being then presumed under 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 dispersed
following the procedure of maximum tolerance
prescribed by the law. (Bayan, Karapatan,
Kilusang Magbubukid ng Pilipinas (KMP) v.
Ermita, GR No. 169838, 2006).
Q: What is a Heckler’s veto?
It involves situations in which the government
attempts to ban protected speech because it
might provoke a violent response. The mere
possibility of a violent reaction to protected
speech is simply not a constitutional basis on
which to restrict the right to speak. (Roe v.
Crawford, No. 06-3108, 2008). However, when a
speaker passes the bounds of argument or
persuasion and undertakes incitement to riot, the
police are not powerless to prevent a breach of
the peace. (Feiner v. New York, 340 US 315,
1951).
Q: What is Commercial Speech?
A: It is communication which "no more than
proposes
a
commercial
transaction."
Advertisement of goods or of services is an
example. (Bernas Primer, page 68).
Q: What must be shown in order for
government to curtail commercial speech?
To enjoy protection, commercial speech must not
be false or misleading and should not propose an
illegal transaction. However, even truthful and
lawful commercial speech may be regulated if (1)
government has a substantial interest to protect;
(2) the regulation directly advances that interest;
and (3) it is not more extensive than is necessary
to protect that interest. Central Hudson Gas &
Electric Corp. v. Public Service Commission of
NY, 447 U.S. 557(1980).
UNPROTECTED SPEECH
Q. Are there any forms of speech which are
not protected by the Constitution?
"There are certain well defined and narrowly
limited classes of speech, the prevention and
punishment of which has never been thought to
raise any constitutional problems." Chaplinsky v.
New Hampshire, 315 U.S. 568, 571-2 (1942).
These are libel and obscenity. "It has been well
observed that such utterances are no essential
part of any exposition of ideas, and are of such
slight social value as a step to truth that any
benefit that may be derived from them is clearly
outweighed by the social interests in order and
morality." Chaplinsky v. New Hampshire, 315
U.S. 572 (1942).
Q: What are the elements of libel?
To be liable for libel, the following elements must
be. shown to exist: (a) the allegation of a
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discreditable act or condition concerning another;
(b) publication of the charge; (c) identity of the
person defamed; and (d) existence of malice.
(Bernas Primer, page 74)
Q: What is the test for obscenity? (Miller
Doctrine)
1. Whether the average person, applying
contemporary community standards, would
find the work, taken as a whole, appeals to the
prurient interest.
2. Whether the work depicts or describes, in
patently offensive way, sexual conduct
specifically defined by the applicable state
law.
3. Whether the work, taken as a whole, lacks
serious literary, artistic, political or scientific
value. (Miller v. California, 413 U.S. 15, 1973).
H.
I.
(a)
(b)
FREEDOM OF RELIGION
NON-ESTABLISHMENT CLAUSE
Concept and basis
Acts permitted and not permitted by the
clause
Q: Differentiate non-establishment of religion
from freedom of religion._________________
Non-Establishment
Clause
Free Exercise of
Religion
Does not depend upon
any showing of direct
governmental
compulsion.
1While
the
non­
establishment clause is
absolute, the moment
such belief flows over
into action, it becomes
subject
to
gov’t
regulation.
Violated
by
the
enactment
of
laws
which
establish
an
OFFICIAL RELIGION
whether those laws
operate
directly
to
coerce non-observing
individuals or not.
In order to show a
violation of this clause,
the person affected
must
show
the
COERCIVE effect of the
legislation as it operates
against him in the
practice of his religion.
(c) Tests
Q: Standard to determine compliance with the
non-establishment clause:
Secular legislative purpose
1. The primary effect neither advances nor
inhibits religion
2.
No excessive entanglement between religion
and state. (Lemon v. Kurtzman, 403 U.S.
602, 1971).
2.
FREE EXERCISE CLAUSE
Q. What are the two aspects of free exercise
of religion?
1. Freedom to believe - absolute and cannot be
regulated
2. Freedom to act - translation of belief to
external acts, it can be regulated and subject
to police power. (Employment Division v.
Smith)
Q:
What
is
Benevolent
Neutrality/
Accommodation?
The benevolent neutrality theory believes that
with respect to these governmental actions,
accommodation of religion may be allowed, not to
promote the government’s favored form of
religion, but to allow individuals and groups to
exercise their religion without hindrance. The
purpose of accommodations is to remove a
burden on, or facilitate the exercise of, a person’s
or institution’s religion.
Thus, what is sought under the theory of
accommodation is not a declaration of
unconstitutionality of a facially neutral law, but an
exemption from its application or its "burdensome
effect," whether by the legislature or the
courts. Most of the free exercise claims brought
to the U.S. Court are for exemption, not
invalidation of the facially neutral law that has a
"burdensome" effect. (Estrada v. Escritor, A.M.
No. P-02-1651, June 22, 2006)
Q: What is the “Conscientious Objector
Test”?
A person who for moral or religious reasons is
opposed to participating in any war, and who may
be excused from military conscription but remains
subject to service in civil work for the nation’s
health, safety or interest. (Black’s law dictionary,
9th ed.)
Q: Does State-sponsored procurement of
contraceptives violate the guarantee of
religious freedom since contraceptives
contravene their religious beliefs?
No. It is not within the province of the Court to
determine whether the use of contraceptives or
one's participation in the support of modem
reproductive health measures is moral from a
religious standpoint or whether the same is right
or wrong according to one's dogma or belief. For
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the Court has declared that matters dealing with
"faith, practice, doctrine, form of worship,
ecclesiastical law, custom and rule of a church
are unquestionably ecclesiastical matters which
are outside the province of the civil courts." The
jurisdiction of the Court extends only to public and
secular morality. Whatever pronouncement the
Court makes in the case at bench should be
understood only in this realm where it has
authority. Stated otherwise, while the Court
stands without authority to rule on ecclesiastical
matters, as vanguard of the Constitution, it does
have authority to determine whether the RH Law
contravenes the guarantee of religious freedom.
While the Constitution prohibits abortion, laws
were enacted allowing the use of contraceptives.
To some medical practitioners, however, the
whole idea of using contraceptives is an
anathema. Consistent with the principle of
benevolent neutrality, their beliefs should be
respected.
In the same breath that the establishment clause
restricts what the government can do with
religion, it also limits what religious sects can or
cannot do with the government. They can neither
cause the government to adopt their particular
doctrines as policy for everyone, nor can they not
cause the government to restrict other groups. To
do so, in simple terms, would cause the State to
adhere to a particular religion and, thus,
establishing a state religion. (Imbong v. Ochoa,
G.R. 204819, April 2014).
Q: Does RH Law violates the guarantee of
religious freedom by compelling medical
health practitioners, hospitals, and health
care providers, under pain of penalty, to refer
patients to other institutions despite their
conscientious objections?
Yes. The Court is of the view that the obligation
to refer imposed by the RH Law violates the
religious belief and conviction of a conscientious
objector. Once the medical practitioner, against
his will, refers a patient seeking information on
modem reproductive health products, services,
procedures and methods, his conscience is
immediately burdened as he has been compelled
to perform an act against his beliefs. As
Commissioner Bernas has written, "at the basis
of the free exercise clause is the respect for the
inviolability of the human conscience. (Imbong v.
Ochoa, G.R. 204819, April 2014).
Q: Can Catholic Masses be held in Halls of
Justice?
Yes. The holding of Catholic masses at the
basement of the QC Hall of Justice is not a case
of establishment, but merely accommodation.
1. There is no law, ordinance or circular issued
by any duly constitutive authorities expressly
mandating that judiciary employees attend the
Catholic masses at the basement.
2. When judiciary employees attend the masses
to profess their faith, it is at their own initiative,
without any coercion from the judges or
administrative officers.
3. No government funds are being spent
because the lightings and air conditioning
continue to be operational even if there are no
religious rituals there.
4. The basement has neither been converted
into a Roman Catholic chapel nor has it been
permanently appropriated for the exclusive
use of its faithful.
5. The allowance of the masses has not
prejudiced other religions (Re: Letter of Tony
Valenciano, AM . 10-4-19-SC, 2017)
Q: Can religious images be displayed in
government offices?
A: No. In no case shall a particular part of a public
building be a permanent place for worship for the
benefit of any and all religious groups. There shall
also be no permanent display of religious icons in
all halls of justice in the country. In case of
religious rituals, religious icons and images may
be displayed but their presentation is limited only
during the celebration of such activities. After any
religious affair, the icons and images shall be
hidden or concealed from public view. (Re: Letter
of Tony Valenciano, AM. 10-4-19-SC, 2017)
3. TESTS
Q: What is the “compelling state interest”
test?
The state has the burden of justifying any
possible incursion into the exercise of religion.
The process involves three steps:
1. The courts should look into the sincerity of the
religious belief without inquiring into the truth
of the belief
2. The state has to establish that its purposes are
legitimate and compelling
3. The state used the least intrusive means
possible. (Estrada v. Escritor, A.M. No. P-021651, August 4, 2003).
Q: What is the “ Lemon” test?
The following have to be met for the legislation to
be held valid:
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POLITICAL LAW
1. The statute must-have a secular legislative
purpose. (Also known as the Purpose Prong)
2. The principal or primary effect of the statute
must neither advance nor inhibit religion. (Also
known as the Effect Prong)
3. The statute must not result in an "excessive
government entanglement" with religion. (Also
known as the Entanglement Prong) (Lemon v.
Kurtzman, 403 U.S. 602, 1971).
I.
LIBERTY OF ABODE AND FREEDOM OF
MOVEMENT
1. LIMITATIONS
Q: Is the right to return to one’s country
contemplated in the Constitutional right to
travel?
No. The right to return to one's country is not
among the rights specifically guaranteed in the
Bill of Rights, which treats only of the liberty of
abode and the right to travel.
It is within the residual powers of the President to
restrict or prevent such return. The test used was
“arbitrariness”.
The state of the country at that time was
characterized by political and economic
instability. This was sufficient justification for the
President to restrict the return of the Marcoses to
the Philippines. (Marcos v. Manglapus, G.R. No.
88211, 1989).
Q: Is the right to return to one’s country
protected under the UDHR or the ICCPR?
No. The Universal Declaration of Humans Rights
and the International Covenant on Civil and
Political Rights treat the right to freedom of
movement and abode within the territory of a
state, the right to leave a country, and the right to
enter one's country as separate and distinct
rights.
The Declaration speaks of the "right to freedom
of movement and residence within the borders of
each state". It would therefore be inappropriate to
construe the limitations to the right to return to
one's country in the same context as those
pertaining to the liberty of abode and the right to
travel. (Marcos v. Manglapus, supra.)
Q: Distinguish the grounds for which Hold
Departure Orders versus Watch-list Orders
may be issued.
Hold Departure Orders
Watchlist Orders
The
Secretary of Justice
• The
Secretary
of
Justice may issue an may issue a WLO, under
HDO, under any of the any of the following
instances:
following instances:
a. Against the accused, a. Against the accused,
regardless
of
regardless
of
nationality, in criminal
nationality,
in
cases pending trial
criminal cases falling
before the Regional
within the jurisdiction
Trial Court.
of courts below the
b. Against
the
RTCs.
respondent,
b. Against the alien
regardless
of
whose presence is
nationality, in criminal
required
as
cases
pending
defendant/responde
preliminary
nt/witness in a civil or
investigation, petition
labor case pending
for review, or motion
litigation, or any case
for
reconsideration
before
an
before the Department
administrative
of Justice or any of its
agency.
provincial
or
city
c. Against any person,
prosecution offices.
either motu proprio,
or upon the request Against any person,
by the Head of a either motu proprio, or
Department/constitut upon the request of any
agency/
ional
body
or government
commissions/
task
commission/Chief
Justice/
Senate forces or similar entities
President/ the House created by the Office of
Speaker, or when the the President, pursuant
adverse party is the to the "Anti-Trafficking in
Government or any Persons Act of 2003"
of its agencies or and/or in connection with
instrumentalities, or any investigation being
in the interest of conducted by it, or in the
of
national
national
security, interest
public
safety
or security, public safety or
public health.
public health
(Department Circular No. 41 - 2010).
2. RIGHT TO TRAVEL
(a) Watch-list and hold departure orders
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J. RIGHT TO INFORMATION
SCOPE AND LIMITATIONS
Q: What are the twin rights guaranteed in
Article III, Sec. 7?
1. Right to information on matters of public
concern
2. Right of access to official records and
documents
The people have the right to information on
matters of public concern, and access to official
records shall be allowed to citizens as may be
provided by law. It is a self-executing provision.
The right to information is a public right - and
every citizen is entitled thereto. Civil service
eligibility is a matter of public concern; there is
nothing secret about it. (Legaspi v. CSC, G.R. No.
L-72119, 1987).
Q : Is this right absolute ?
No. A distinction has to be made between the
discretion to refuse outright the disclosure of or
access to a particular information and the
authority to regulate the manner in which the
access is to be afforded.
• The first is a limitation upon the availability of
access to the information sought, which only
the Legislature may impose.
• The second pertains to the government
agency charged with the custody of public
records.
Q: What are the exceptions to the right to
information? (BENT DISC)
1. Banking transactions
2. Executive sessions
3. National security matters
4. Trade secrets
5. Diplomatic correspondence
6. Intelligence information
7. Supreme court deliberations
8. Closed door cabinet meetings
Q. Is publication a requirement of due
process?
Yes. The rule that requires publication for the
effectivity of laws applies not only to statutes but
also to presidential decrees: and executive orders
promulgated by the President in the exercise of
legislative powers whenever the same are validly
delegated by the legislature or, at present,
directly
conferred
by
the
Constitution.
Administrative rules and regulations must also be
published if their purpose is to enforce or
implement existing law pursuant also to a valid
delegation. (Republic v. Filipinos Shell, G.R. No.
173918, 2008).
K. RIGHT OF ASSOCIATION
Q: Is the ability to strike essential in the right
to association?
No. To grant employees of the public sector the
right to strike, there must be a clear and direct
legislative authority therefor. In the absence of
any express legislation allowing government
employees to strike, recognizing their right to do
so, or regulating the exercise of the right,
employees in the public service may not engage
in strikes, walkouts and temporary work
stoppages like workers in the private sector.
(Bangalisan vs. CA, G.R. No. 124678, July 31,
1997).
Q: May employees in the public service
engage in strikes?
No. It is relevant to state at this point that the
settled rule in this jurisdiction is that employees in
the public service may not engage in strikes,
mass leaves, walkouts, and other forms of mass
action that will lead in the temporary stoppage or
disruption of public service. Social Security
System Employees Association (SSEA) vs. Court
o f Appeals, G.R. No. 85279, July 28, 1989).
L.
EMINENT DOMAIN
PUBLICATION OF LAWS AND REGULATIONS
1.
CONCEPT
Q. May the publication of laws prior to their
effectivity be dispensed with?
No. Publication in every case is indispensable.
Total omission of publication would be a denial of
due process in that the people would not know
what laws to obey. (Tanada v. Tuvera, G.R. No.
L-63915, 1986)
Q: What is eminent domain?
The right of the sovereign power to appropriate,
not only the public, but even the private property
of all citizens within the territorial sovereignty, to
public purposes. This power is exercised by the
national government but may be delegated to
local governments and public utilities. (Barangay
Sindalan vs. Court of Appeals, G.R. No. 150640,
March 2 2 , 2 0 0 7 ) .
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Q: What are the essential requisites before an
LGU can exercise the power of eminent
domain?
1. An ORDINANCE is enacted by the local
legislative council authorizing the local chief
executive, in behalf of the LGU, to exercise
the power of eminent domain or pursue
expropriation proceedings over a particular
private property.
2. The power of eminent domain is exercised for
PUBLIC USE, PURPOSE or welfare, or for
the benefit of the poor and the landless.
3. There
is
payment
of
JUST
COMPENSATION, as required under
Section 9, Article III of the Constitution, and
other pertinent laws.
4. A valid and definite OFFER has been
previously made to the owner of the property
sought to be expropriated, but said offer was
not accepted. (Spouses Yusay vs. Court of
Appeals, G.R. No. 156684, April 6, 2011).
Q: What are the elements of “taking” private
property? (BEAPP)
1. Utilization of the property must be in such a
way as to oust the owner and deprive him of
the beneficial enjoyment of his property.
2. The expropriator enters the property
3. Entry is made under warrant or color of legal
authority
4. Property is devoted to public use
5. The entrance must be permanent (Republic
vs. Vda. de Castellvi, G.R. No. L-20620,
August 15, 1974).
Q: What are matters may be reviewed by the
courts insofar as expropriation is concerned?
1. The ADEQUACY of the compensation
2. The NECESSITY of the taking
3. The “PUBLIC USE” character of the taking.
(Municipality of Meycauayan v. IAC, G.R. No.
72126, January 29, 1988)
Q: What are the requisites for authorizing
immediate entry?
On the part of LGUs,
expropriation is also
governed by Sec. 19,
LGC.
Thus, pursuant to Section
2 of Rule 67 of the 1997
Revised Rules of Civil
Procedure,
(1) the filing of a
complaint
for
expropriation sufficient
in form and substance;
and
(1) the filing of a
complaint
for
expropriation sufficient in
form and substance; and
(2) the deposit of the
amount equivalent to
15 percent of the fair
market value of the
property
to
be
expropriated based on
its
current
tax
declaration. (Iloilo v.
Legaspi,
G.R.
No.
154614, November 25,
2004).
2.
(2) the making of a
deposit equivalent to the
assessed value of the
property subject to
expropriation.
Upon
compliance
with
the
requirements
the
issuance of the writ of
possession
becomes
“ministerial. (Biglang-awa
v. Bacalla, G.R. Nos.
139927 and
139936,
November 22, 2000)2
3
EXPANSIVE CONCEPT OF “PUBLIC
USE”
Q: What is meant by the term “Public Use”?
Public use is synonymous with public welfare as
the latter term is used in the concept of police
power (e.g., land reform and socialized housing).
Urban renewal or redevelopment and the
construction of low-cost housing is recognized as
a public purpose, not only because of the
expanded concept of public use but also because
of specific provisions in the Constitution. Housing
is a basic human need. Shortage in housing is a
matter of state concern since it directly and
significantly affects public health, safety, the
environment and in sum, the general welfare.
(Manapatv. CA, G.R. No. 110478, 2007).
3. JUST COMPENSATION
(a) Determination
(b) Effect of delay
Q: What is just compensation?
A sum equivalent to the market value of his
property, paid Within a reasonable period.
Market Value is generally defined as the fair value
of the property as between one who desires to
purchase but is not forced to buy, and one who
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desires to sell but is not compelled to part with his
property. (Republic v. Rural Bank of Kabacan,
G.R. No. 185214, 2012).
Q: What should be the basis of the value of
just compensation?
General Rule: The value must be that as of the
time of the FILING OF THE COMPLAINT for
expropriation.
in favor of the property owner the amount
equivalent to the sum of:
a. ) 100% of the current BIR Zonal valuation of the
land;
b. ) Replacement cost of the affected structures or
improvements;
c. ) Current market value of the crops and trees
located within the property. (Sec. 6, RA 10752)
4.
Exceptions:
1. When the filing of the case comes LATER
than the time of taking and meanwhile the
value of the property has INCREASED
because of the use to which the expropriator
has put it, the value is that of the time of the
earlier TAKING.
2. Where this Court fixed the value of the
property as of the date it was taken and not
the date of the commencement of the
expropriation proceedings. (NPC v. Lucman
Ibrahim, G.R. No. 168732, 2007).
Exception to the Exception: If the value
INCREASED INDEPENDENTLY of what the
expropriator did, then the value is that of the
FILING of the case. (NPC v. Lucman Ibrahim,
G.R. No. 168732, 2007).
Q: Which court has the jurisdiction over
petitions for the determination of just
compensation?
R.A.
6657, otherwise known
as
the
Comprehensive Agrarian Reform Law of 1988
specifically provides that the Special Agrarian
Courts (which are the RTCs) shall have original
and exclusive jurisdiction over all petitions for the
determination of just
compensation
to
landowners, and the prosecution of all criminal
offenses under said Act. The DAR cannot be
granted jurisdiction over cases of eminent
domain. The valuation of property in eminent
domain is essentially a judicial function which
cannot be vested in administrative agencies.
(Land Bank of the Philippines v. Spouses
Umandap, G.R. No. 166298, November 17,
2010).
Q: What is the new system of payment for
expropriation under the Right of Way Act
(R.A. 10752)?
R.A. 10752 states that if the property owner
declines the offer for a negotiated sale, the
Implementing
Agency
shall
initiate
an
expropriation proceeding, Upon the filing of the
complaint for expropriation or anytime thereafter,
the agency shall immediately deposit to the court
ABANDONMENT OF INTENDED USE AND
RIGHT OF REPURCHASE
Q: What happens if there is abandonment of
intended use?
If the property ceases to be used for a public
purpose, the property reverts to the owner in fee
simple. (ATO vs. Gopuco, Jr. G.R. No. 158563,
June 30, 2005).
M. CONTRACT CLAUSE
Q: When is there an impairment of a contract?
1. If it changes the terms and conditions of a
legal contract either as to the time or mode of
performance
2. If it imposes new conditions or dispenses with
those expressed
3. If it authorizes for its satisfaction something
different from that provided in its terms.
(PAGCORvs. BIR, G.R. No. 172087, 2011).
Q: Does a change in available procedural
remedies impair contracts?
No. A mere change in procedural remedies which
does not change the substance of the contract,
and which still leaves an efficacious remedy for
enforcement does not impair the obligation of
contracts.
Q: Is there a limitation to the non-impairment
clause, Sec. 10, Art. III?
Yes. The non-impairment clause of the
Constitution must yield to the loftier purposes
targeted by the Government. Time and again, this
Court has said that contracts affecting public
interest contain an implied reservation of the
police power as a postulate of the existing legal
order. This power can be activated at anytime to
change the provisions of the contract, or even
abrogate it entirely, for the promotion or
protection of the general welfare. Such an act will
not militate against the impairment clause, which
is subject to and limited by the paramount police
power. (Chavez v. Comelec. G.R. No. 162777,
August 31, 2004).
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N. LEGAL ASSISTANCE AND FREE
ACCESS TO COURTS
Q: What is the essence of this provision?
A: Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.
(Phil. Const., art. 3, § 11).
Indigent litigants:
1. Whose gross income and that of their
immediate family do not exceed P4,000.00
pesos a month if residing in Metro Manila, and
P3,000.00 pesos a month if residing outside
Metro Manila, and
2. Who do not own real property with an
assessed value of more P50,000.00 shall be
exempt from the payment of legal fees (Sec.
19, Rule 141, Rules of Court).
O. RIGHTS OF SUSPECTS
Q: When are the Miranda Rights available?
When Available:
•
•
•
•
After a person
has been taken
into custody;
When a person
is deprived of
his freedom of
action in any
significant way;
When a person
is
merely
“invited"
for
questioning
(R.A.
No.
7438);
The
investigation is
being
conducted by
the gov’t with
respect to a
criminal offense
(police,
DOJ,
NBI);
When Not Available:
•
During a
line-up
police
EXCEPTIONS:
1. Once admissions
or confessions are
sought
to
be
elicited from the
suspect;
2. During
administrative
investigations;
3. Confessions
made
by
an
accused at the
time he voluntarily
surrendered to the
police or outside
the context of a
formal
1
investigation;
4. Statements made
i
to
a
private
person.
RIGHTS OF SUSPECTS UNDER CUSTODIAL
INVESTIGATION
Q: What are the rights of suspects when they
are under custodial investigation?
1. Any person under investigation for the
commission of an offense shall have the right
to be informed of his right to remain silent and
to have competent and independent counsel
preferably of his own choice. If the person
cannot afford the services of counsel, he must
be provided with one. These rights cannot be
waived except in writing and in the presence
of counsel.
2. No
torture,
force,
violence, threat,
intimidation, or any other means which vitiate
the free will shall be used against him. Secret
detention places, solitary, incommunicado, or
other similar forms of detention are
prohibited.
3. Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
4. The law shall provide for penal and civil
sanctions for violations of this section as well
as compensation to and rehabilitation of
victims of torture or similar practices, and their
families. (Phil. Const., art. 3, § 12).
Rights
of
persons
under
custodial
investigation or Miranda Rights (SCIP)
1. The right to remain Silent — Unlike Section
17 where the absolute right to remain silent is
available to an accused, Section 12 gives a
person under investigation the right to refuse
to answer any question.
2. The right to Competent and independent
counsel, preferably of his own choice — Right
to independent counsel is to ensure an
impartial lawyer to inform the accused of his
rights, as against experiences during the
Marcos regime (Bernas, the 1987 Philippine
Constitution: A Comprehensive Reviewer,
2009). When is one not an independent
counsel? — Special counsel, public or private
prosecutor, counsel of the police, municipal
attorney, mayor, barangay captain, and any
other whose interested may be adverse to
accused (Bernas, the 1987 Philippine
Constitution: A Comprehensive Reviewer,
2009).
3. Right to be Informed of these rights —
Contemplates the transmission of meaningful
information rather than just the ceremonial
and perfunctory recitation of an abstract
constitutional principle. (People v. Rojas,
G.R. Nos. L-46960-62, 1987).
4. Right to be Provided with the services of
counsel if he cannot afford the services of
one. (People v. Reyes, 581 SCRA 691,
2009).
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P. RIGHTS OF THE ACCUSED
the PMA v. The Superintendent of PMA, G.R. No.
211362, 2015).
Q: What are the constitutional rights of the
accused? (PITCHES MACA)
1. PRESUMPTION of innocence
2. Right to be INFORMED of nature and cause
of accusation against him
3. Right to TESTIFY as a witness in his own
behalf
4. Right to COMPULSORY process to secure
attendance of witnesses and production of
evidence
5. Right to be HEARD by himself and counsel
6. Right to be EXEMPT from being compelled to
be a witness against himself
7. Right to SPEEDY, impartial and public trial
8. Right to MEET witness face to face
9. Trial in ABSENTIA - mandated only after
arraignment and absence unjustified
10. CRIMINAL due process:
a. Accused to be heard in court of competent
jurisdiction
b. Accused proceeded against under orderly
processes of law
c. Accused given notice and opportunity to be
heard
d. Judgment rendered was within authority of
a constitutional law
11. To APPEAL in all cases allowed and in the
manner prescribed by law (Sec. 14, Art. Ill,
PHIL. CONST.)
Q: What are the rights of an accused under
investigation?
1. Right to be informed of his:
a. Right to remain silent and
b. To have competent and independent
counsel preferably of his own choice
2. If the person cannot afford the services of
counsel, he must be provided with one.
Q: Do all persons have the right to bail?
GENERAL RULE: All persons actually detained
shall, before conviction be entitled to bail.
EXCEPTIONS:
1. Persons charged with offenses punishable by
RECLUSION
PERPETUA,
LIFE
IMPRISONMENT and
DEATH,
when
EVIDENCE of guilt is STRONG (Section 3 of
Rule 114 of the Rules on Criminal Procedure).
2. Persons who are members of the AFP facing
a court martial. (Comendador vs. De Villa,
G.R. No. 93177, 1991).
3. If convicted by the trial court, bail is only
discretionary pending appeal. (Section 5 of
Rule 114 of the Rules on Criminal Procedure).
Q: Can a bail be granted in extradition
proceedings?
If bail can be granted in deportation cases, there
is no justification why it should not also be
allowed in extradition cases. After all, both are
administrative proceedings where the innocence
or guilt of the person detained is not in issue.
(Government of Hong Kong v. OlaliaJr., G.R. No.
153675, 2007).
Q: When can bail be granted to a prospective
extradite?
1. Upon a clear and convincing showing that
he/she will not be a flight risk or a danger to
the community.
2. That there exist special, humanitarian,
compelling circumstances. (Government of
the United States vs. Purganan, G.R. No.
148571, 2002)
RIGHT TO SPEEDY DISPOSITION OF CASES
NOTE: These rights cannot be waived except in
writing and in the presence of counsel. (Sec. 12,
Art. Ill, PHIL. CONST.)
Q: Does the right to be assisted by counsel
extend to administrative proceedings?
There is nothing in the 1987 Constitution stating
that a party in a non-litigation proceeding is
entitled to be represented by counsel. A party in
an administrative inquiry may or may not be
assisted by counsel, irrespective of the nature of
the charges and of the respondent's capacity to
represent himself. Hence, the administrative
body is under no duty to provide the person with
counsel. (First Class Cadet Aldrin Jeff P. Cudia of
Q: What does this right guarantee?
All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi­
judicial, or administrative bodies. (Phil. Const.,
art. 3, § 16).
Speedy disposition of cases is a relative term and
must necessarily be a flexible concept. Factors to
consider are: length of delay, reason for delay,
assertion of the right or failure to assert it, and
prejudice caused by delay. (Caballero v. Alfonso,
Jr., 153 SCRA 153, 1987).
Q: Differentiate the right to a speedy trial and
the right to speedy disposition of cases.
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SEC.
14
TRIAL)
(SPEEDY SEC. 16 (SPEEDY
DISPOSITION)
Only applies to the trial Covers all phases of
phase of criminal cases judicial, quasi-judicial
and
administrative
proceedings
RIGHT AGAINST SELF-INCRIMINATION
Q: What is covered by this right?
The right against self-incrimination is mandatory,
as it secures to a defendant a valuable and
substantive right. It is not merely a formal
technical rule and the enforcement of which is left
to the discretion of the court. The court may not
extract from an admission of guilt from the
defendant’s own lips and against his will. The
court may not resort to compulsory disclosure,
directly or indirectly, of facts usable against him
as a confession of the crime or the tendency of
which is to prove the commission of the crime.
(United States v. Navarro, G.R. No. 1272, 1904).
Q: Does it include evidence extracted from the
body of the accused?
No. The Constitutional guarantee does not
include the body of the accused as evidence,
when the same may be material. Thus, the
provision is against legal processes that extract
from the defendant’s own lips, against his will, an
admission of guilt. The kernel of the privilege is
testimonial compulsion and not any other
compulsion. A physical examination for evidence
is similar to introducing stolen property taken from
the person of the thief. (United States v. Tan
Teng, G.R. No. 7081, 1912).
Q. SELF-INCRIMINATION CLAUSE
Q: When is the right against self-incrimination
available?
It is available not only in criminal prosecutions,
but also in all other government proceedings,
including civil actions and administrative or
legislative investigations. It may be claimed not
only by the accused, but also by a witness to
whom an incriminating question is addressed. It
also applies to proceedings which are criminal in
nature, such a revocation of medical license.
( P a s c u a l v. Board of Medical Examiners)
Accused
Wi
Taking the
Witness Stand
CAN be
compelled
CAN be
compelied
Taking the
Witness Stand
in Criminal
Proceedings
CAN be
compelled
CANNOT be
compelled
Answering
Incriminating
questions
CANNOT be
compelled
CANNObe
compelled
RIGHT AGAINST DOUBLE JEOPARDY
Q: What are the two kinds of jeopardy?
1. No person shall be tvyice put in jeopardy for
the same offense. In this kind, jeopardy
attaches upon either conviction or acquittal or
dismissal without the express consent of the
accused.
2. If an act is punished both by a law and an
ordinance, conviction or acquittal under either
shall constitute a bar to another prosecution
for the same act. In this kind, jeopardy
attaches only upon conviction or acquittal.
(Sec. 21, Art. Ill, PHIL CONST.)
Q: What are the requisites for a valid defense
of double jeopardy?
Under present law, to raise the defense of double
or second jeopardy, three requisites must be
shown: (1) a first jeopardy must have attached
prior to the second; (2) the first jeopardy must
have terminated; (3) the second jeopardy must be
for the same offense as that in the first. These
three requisites provide a convenient division for
the discussion of the subject. (Bernas, The 1987
Constitution: A Comprehensive Reviewer, 2011)
Q: When does jeopardy of punishment
attach?
A. Jeopardy attaches (a) upon a good indictment,
(b) before a competent court, (c) after
arraignment, (d) after plea. (People v. Ylagan, 58
Phil. 851, 1933).
Q: When is jeopardy considered to be for the
same offense?
1. Exact identity between the offenses charged
in the first and second cases.
2. One offense is an attempt to commit or a
frustration of the other offense.
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3. One offense is necessarily included or
necessary includes the other.
4. The situation is different when one act
violates two different statutes or two different
provisions of a statute. The rule in such a
case is that if the one act results in two
different offenses, prosecution under one is a
bar to prosecution under the other. (Bernas,
The 1987 Constitution of the Republic of the
Philippines, 2011).
Same evidence test
Whether the evidence needed in one case will
support a conviction in the other. (U.S. v. Tan
Oco, 34 Phil. 772, 1916)
Q: Does the dismissal of an action, made at
the instance of an accused, constitute double
jeopardy?
No, except:
1. When the ground for dismissal is insufficiency
■ of evidence;
2. When the proceedings violate the right of the
accused to a speedy trial. (Caes v. IAC, G.R.
Nos. 74989-90, November 6, 1989).
Q: What is the doctrine of supervening event?
Under the doctrine of supervening event, the
accused may be prosecuted for another offense
if a subsequent development changes the
character of the first indictment under which he
may have already been charged or convicted.
(Abrigo v. Flores, G.R. No. 160786, 2013).
WHEN
JEOPARDY
ATTACHES
WHEN JEOPARDY DOES
NOT ATTACH
I (Code: CICAP)
1. If information does not
1. A person is
charge any offense
Charged
(People
v.
Judge
a
2. Under
Consulta,
L-41251,
or
complaint
1976)
Information
2. If, upon pleading guilty,
in
sufficient
the accused presents
and
form
evidence of complete
self-defense, and the
substance to
sustain
a
court thereafter acquits
..jjl
conviction
him without entering a
3. Before a court
new plea of not guilty for
of Competent
accused. There is no
jurisdiction
valid plea here. (People
4. After
v. Balisacan, G.R. No. Lthe
person
26376, 1966)
§;1is
3. If the information for an
Arraigned
5. Such
person
offense cognizable by
enters a valid
the RTC is filed with the
Plea. (People
MTC. There is no
v. Ylagan, 58
jurisdiction
here.
Phil.
851,
(People v. Ibasan, Sr.,
129 SCRA 695, 1984)
1993)
4. If a complaint filed for
preliminary investigation
is dismissed. (People v.
Daco, L-17212, 1962)
INVOLUNTARY SERVITUDE
Q: When does first jeopardy attach?
Q: What is meant by the right against
involuntary servitude?
Every condition of enforced or compulsory
service of one to another no matter under what
form such servitude may be disguised. (Rubi v.
Provincial Board, 39 Phil. 660, 1919)
Q: What are the exceptions to this rule?
The following are not included under its scope:
1. Punishment for a crime.
2. Personal military or civil service in the interest
of national defense.
3. In naval enlistment, a person who enlists in a
merchant ship may be compelled to remain in
service until the end of the voyage.
4. Posse Comitatus (every able-bodied person is
ultimately responsible for keeping peace) for
the apprehension of criminals.
5. Return to work order issued by the DOLE
Secretary or the President. Minors under
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patria potestas are obliged to obey their
parents. (Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer,
152,2011)
EXCESSIVE FINES, AND
INHUMAN PUNISHMENT
CRUEL
AND
Q: What is covered by this right?
Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless,
for compelling reasons involving heinous crimes,
the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to
reclusion perpetua. (Phil. Const., art. 3, § 19(1))
Q: What are the guidelines for determining
whether a punishment is “cruel and
unusual”?
The following must be considered:
1. It must not be so severe as to be degrading to
the dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary
society.
4. It must not be excessive.
Q: May Congress re-impose the death
penalty?
Yes, as long as the following are complied with:
• That Congress defines what is meant by
heinous crimes.
• That Congress specify and penalize by death,
only those crimes that qualify as heinous in
accordance with the definition set in heinous
crimes law or death penalty law.
• That Congress, in enacting this death penalty
bill, be singularly motivated by “compelling
reasons involving heinous crimes.” (People v.
Echegaray, G.R. No. 117472, 1997)
NON-IMPRISONMENT FOR DEBTS
Q: What is covered by this right?
A: No person shall be imprisoned for debt or non­
payment of a poll tax. (Phil. Const., art. 3, § 20)
Q: What is a debt?
A contractual obligation, whether express or
implied, resulting in any liability to pay money.
Thus, all other types of obligations are not within
the scope of this prohibition. (Bernas, The 1987
Philippine Constitution:
Reviewer, 159, 2011)
A
Comprehensive
A debtor may be imprisoned if the fraudulent debt
constitutes a crime such as estafa and has been
duly convicted. (Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 2011)
EX POST FACTO LAWS AND BILLS OF
ATTAINDER
Q: What is an ex post facto law?
It is a law which results to any of the following:
1. Makes an action done before the passing of
the law, and which was innocent when done,
criminal, and punishes such action.
2. Aggravates the crime or makes it greater than
when it was committed.
3. Changes the punishment and inflicts a
greater punishment than that which the law
annexed to the crime when it was committed.
4. Alters the legal rules of evidence and receives
less testimony than the law required at the
time of the commission of the offense in order
to convict the accused.
5. Assumes to regulate civil rights and remedies
but in effect imposes a penalty or deprivation
of a right, which when done was lawful.
6. Deprives a person accused of a crime of
some lawful protection to which he has
become entitled such as the protection of a
former conviction or acquittal, or a
proclamation of amnesty. (Bernas, The 1987
Philippine Constitution: A Comprehensive
Reviewer, 2011)
The prohibition on ex post facto laws only applies
to retrospective penal laws. (Bernas, The 1987
Philippine Constitution: A Comprehensive
Reviewer, 2011)
Q: When is the prohibition on ex post facto
law inapplicable?
1. Extradition treaty
2. Probation law
3. Change of court jurisdiction
4. House rental law (Wright v. CA, 1994; Fajardo
v. CA, 1999; Lacson v. Executive Secretary,
1999; Juarez v. CA, 1992)
Q: What is a Bill of Attainder?
An act by the legislature that inflicts punishment
without judicial trial.
It does not need to be directed at a specifically
named • person. It may also refer to easily
ascertainable members of a group in such a way
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as to inflict punishment on them without judicial
trial. (Cummings v. Missouri, 4 Wall 277, 323 US,
1867)
propriety of petitioners’ entry into the property.
(P/Supt. Felixberto Castillo, et. al. vs. Dr. Amanda
T. Cruz, et. al., G.R. No. 182165, 2009).
Q: What are the elements of a Bill of
Attainder?
The following:
1. There must be a Law
2. The law Imposes a penal burden
3. On a Named individual or easily ascertainable
members of a group
4. The penal burden is imposed directly by the
law Without judicial trial. (Bernas, The 1987
Philippine Constitution: A Comprehensive
Reviewer, 2011)
Q: Does the writ of amparo cover threats to
property?
No. To be entitled to a writ of amparo, petitioners
must prove that their rights to life, liberty and
security are being violated or threatened by an
unlawful act or omission. An allegation that
barangay tanods raided their farm to look for
marijuana and that they anticipated the possibility
of harassment cases, false accusation and
violence is not sufficient bases for a grant of the
privilege of the writ. The intrusion into their farm
was merely a violation of property rights. (Pador
v. Arcayan, G.R. No. 183460, 2013).
WRIT OF HABEAS CORPUS
Q: What are the limitations to the writ of
habeas corpus?
EXTENDS TO
DOES NOT EXTEND
TO
All cases of illegal
confinement
or
detention by which any
person is deprived of
his liberty, or by which
the rightful custody of
any person is withheld
from
the
person
entitled to it.
Questions
of
conditions
of
confinement; but only
to the fact and duration
of confinement.
It is not a means for the
redress of grievances
or to seek injunctive
relief or damages. (In
It’s essential is to re: Major Aquino, G.R.
inquire into all manner 174994, August 31,
of involuntary restraint 2007).
and to relieve a person
from it if such restraint
is illegal.
R. WRITS OF AMPARO, HABEAS DATA,
AND KALIKASAN
Q: What is the writ of amparo?
It is a remedy available to any person whose right
to life, liberty and security is violated or
threatened with violation by an unlawful act or
omission of a public official or employee, or of a
private individual or entity.
There must be a showing that their right to life,
liberty and security is violated or threatened with
an unlawful act or omission.
Absent any
considerable nexus between the acts complained
of and its effect on respondents’ right to life,
liberty and security, the Court will not delve on the
Q: What is the Writ of Habeas Data?
The writ of habeas data is a remedy available to
any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful
act or omission of a public official or employee, or
of a private individual or entity engaged in the
gathering, collecting, or storing of data or
information regarding the person, family, home
and correspondence of the aggrieved party.
(Sec.1)
Q: What is the Writ of Kalikasan?
The writ is a remedy available to a natural or
juridical person, entity authorized by law, people’s
organization, non-governmental organization, or
any public interest group accredited by or
registered with any government agency, on
behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or
omission of a public official or employee, or
private
individual
or
entity,
involving
environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants
in two or more cities or provinces. (A.M. No. 0906-08-SC Section 1, Rule 7).
CITIZENSHIP
A. WHO ARE FILIPINO CITIZENS
Q: Who are Filipino citizens?
1. Those who are citizens of the Philippines at
the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens
of the Philippines;
3. Those born before January 17, 1973 of
. Filipino mothers, who elect Philippine
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citizenship upon reaching the age of majority;
and
4. Those who are naturalized in accordance
with law. (Art. IV, Sec.1, PHIL. CONST.).
B. MODES OF ACQUIRING CITIZENSHIP
Q: What are the modes of acquiring
citizenship?
a. Direct Act of Congress
b. Naturalization
c. Repatriation
Under RA 9225, by taking an oath of allegiance
required of former natural-born citizens who may
have lost their Philippine citizenship by reason of
their acquisition of the citizenship of a foreign
country.
C. NATURALIZATION AND
DENATURALIZATION
Citizenship conferred
on:
i. Wife
of
naturalized
husband
ii. Minor children of
naturalize person
iii. Allen
woman
upon marriage to
a national
Legislative
naturalization in the
form of a law enacted Nachura, p.238.
by
Congress,
bestowing Philippine
citizenship to an alien.
D. DUAL CITIZENSHIP AND DUAL
ALLEGIANCE
Q: What are the grounds for denaturalization:
1. Naturalization
certificate
obtained
fraudulently or illegally
2. If within 5 years, he returns to his native
country or to some foreign country and
establishes residence there
Provided: A one-year stay in the native
country or two-year stay in a foreign country
shall be prima facie evidence of intent to
take up residence in the same.
3. Petition was made on an invalid declaration
of intention
4. Minor children failed to graduate through the
fault of the parents either by neglecting to
support them or by transferring them to
another school.
5. Allowed himself to be used as a dummy
6. Conviction of perjury and rape (In Re: Guy
v. Guy, G.R. No. L-41399, 1982)
Ground affects the
intrinsic validity of the
proceedings
Citizenship is acquired
by an alien through;
1. Judicial
naturalization
under CA 473
2. Administrative
naturalization
under RA 9139
Ground was
personal to the
denaturalized
Filipino
-----------------------------------1
The
denaturalization Wife and children
shall divest the wife and shall
retain
their
children
of
their Philippine citizenship.
derivative naturalization.
Q: Differentiate the modes of Naturalization
Q: Differentiate between Dual Citizenship and
Dual Allegiance
Dual Citizenship
Dual Allegiance
Arises when, as a
result of concurrent
application
of
the
different laws of two or
more states, a person
is
simultaneously
considered a national
by those other states;
Refers to the situation
in which a person
simultaneously owes,
by
some
positive
voluntary act, joyalty to
two or more states
Involuntary
Voluntary
(Mercado v. Manzano, G.R. No. 135083, 1999).
E. LOSS AND RE-ACQUISITION OF
PHILIPPINE CITIZENSHIP
Q: How is citizenship lost?
1. Cancellation of certificates of naturalization (In
Re: Guy v. Guy, G.R. No. L-41399, July 20,
1982)
2. Naturalization
in
a
foreign
country
XPN: Take oath under §3, RA 9225.
3. Being a deserter of the armed forces of one’s
country
4. Serving in the armed forces of an enemy
country
5. when there is express renunciation of Filipino
citizenship
6. Seeking public office in a foreign country.
(Sec. 5, RA 9225)
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Q: Person A is a natural-born Filipino Citizen.
He was later naturalized as a citizen of the
United States, thereby losing his Filipino
citizenship. Later, he applied for repatriation
under RA 9225 and took the Oath of
Allegiance to the Republic of the Philippines.
But Person A continued using his foreign
passport after renouncing his foreign
citizenship. What is the effect on his Filipino
citizenship?
The use of foreign passport after renouncing
one’s foreign citizenship is a positive and
voluntary act of representation as to one’s
nationality and citizenship; it does not divest
Filipino citizenship regained by repatriation but it
recants the Oath of Renunciation required to
qualify one to run for an elective position.
(Maquiling v. COMELEC, G.R. No. 195649,
2013).
F. FOUNDLINGS
Q: Is a foundling considered a Filipino
Citizen?
Yes. While the Constitution is silent about
foundlings, the deliberations show that the
framers intended foundlings to be covered by the
enumeration of Filipino Citizens in the
Constitution. The textual omission was not
because there was any objection to the notion
that persons of "unknown parentage" are not
citizens but only because their number was not
enough to merit specific mention. Furthermore,
under international law, foundlings are citizens of
the country where they were found. The common
thread of the UDHR, UNCRC and ICCPR is to
obligate the Philippines to grant nationality from
birth and ensure that no child is stateless. (PoeLlamanzares v. COMELEC, GR. No. 221697,
May 8, 2016).
LAW ON PUBLIC OFFICERS
A. GENERAL PRINCIPLES
Q: What is public office?
The right, authority, and duty created and
conferred by law, by which for a given period,
either fixed by law or enduring at the pleasure of
the appointing power, an individual is invested
with some portion of the sovereign functions of
the government, to be exercised by him for the
benefit of the public. (Fernandez v. Ledesma.
G.R. No. L-18878, 1963).
Q: What are the elements of public office?
The elements are: (LSCIP)
1. Created by law or by authority of law;
2. Possess a delegation of portion of
sovereign powers of government, for
benefit of the public;
3. Powers conferred and duties imposed
defined by Constitution, legislature, or by
its authority;
4. Duties performed independently and
only controlled by law unless placed
under general control of superior office or
body;
5. Permanent or continuous. (State Ex Ret.
Barney v. Hawkins, 257 P. 411 (Mont.
1927).
Q: Is public office a property right?
No, public office is not a property right, but a
protected right. It cannot be taken from the
incumbent without due process. It also protected
by the right of security of tenure, which is
guaranteed by the Constitution. (Segovia v. Noel,
G.R. No. L-23226, 1925)
Q: How is public office created?
Public office is created:
1. By the constitution; (e.g. Office of the
President)
2. By valid statutory enactments; (e.g. Office of
the Insurance Commissioner)
3. By authority of law. (e.g. the Davide
Commission) (Serana v. Sandiganbayan,
G.R. No. 162059, 2008; Buklod ng Kawaning
EIIB v. Zamora, G.R. No. 142801-802, 2001).
B. MODES OF ACQUIRING TITLE TO
PUBLIC OFFICE
Q: How is title to public office acquired?
It is acquired through the following: (ADE)
1. APPOINTMENT - The act of designation by
the executive officer, board, or body to whom
that power has been delegated, of the
individual who is to exercise the powers and
functions of a given office. It is to be
distinguished
from
the
selection
or
designation by a popular vote.
2. DESIGNATION - The mere imposition of new
or additional duties 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. Thus, there is no
new appointment and the designation does
not entitle the officer designated to additional
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benefits or the right to claim the salary
attached to the position.
3. ELECTION - The act of selecting or choosing
a person by popular vote to occupy the office.
(Borromeo v. Mariano, G.R. No. L-16808,
1921; Conde v. National Tobacco Corp., G.R.
No. L-11985, 1921).
Q: Is acceptance of an appointment required?
GR: As a general rule, acceptance of
appointment is not necessary for the completion
or validity of appointment. (Marburyv. Madison, 5
US 137, 1830)
XPN: However, it is necessary to possession of
office, and to enable appointee to the enjoyment
and responsibility of an office. (Magana v.
Auditor-General, GR No. L-12180, 1960)
Q; How is acceptance made?
Acceptance may be express when it is done
verbally or in writing. Acceptance is implied when,
without formal acceptance, the appointee enters
upon the exercise of the duties and functions of
an office.
Q: Who are the officers to be appointed by the
president? (E-MAC-JC’AR-ND)
1. Heads of executive departments
2. Ambassadors
3. Other public ministers and consuls
4. Officers of the armed forces from the rank of
colonel or naval captain
5. Other officers whose appointments are vested
in him in the Constitution
a. Regular members of the Judicial and Bar
Council
b. The Chairman and Commissioners of the
Civil Service Commission
c. The Chairman and Commissioners of the
COMELEC
d. The Chairman and Commissioners of the
Commission on Audit
e. Members of the Regional Consultative
Commission
6. Officers whose appointments are not
otherwise provided for by law
7. Officers whom the president may be
authorized by |aw to appoint
8. Officers lower in rank whose appointments the
Congress, by law, vested in the President (Art.
X, Sec. 18).
Q:
Differentiate
between
ad-interim
appointments and temporary appointments.
Ad interim appointments are made while
Congress is NOT in session or during its recess,
whether such recess is voluntary (before
adjournment) or compulsory (when Congress
adjourns). The appointment shall cease to be
effective upon rejection by the COA, or if not
acted upon, at the adjournment of the next
session of Congress, whether regular or special.
(Art. VI, Sec. 19).
Temporary or acting appontments are those
which last until a permanent appointment is
issued. The Commission on Appointments
cannot confirm their appointments because
confirmation presupposes a valid nomination or
ad-interim appointment. Thus, the appointee has
no personality to bring a quo warranto proceeding
because he is not entitled to office. (Valencia v.
Peralta, G.R. No. L-20864, 1963; Rules of Court,
Rule 66, Sec. 6).
Q: Is acquisition of civil service eligibility
during tenure of a temporary appointee
necessarily
translate
to
permanent
appointment?
No. A new appointment which is permanent is
necessary. (Province of Camarines Sur v. CA,
G.R. No. 104639, 1995)
Q: A was a career ambassador when he
accepted an ad-interim appointment as
cabinet member. However, the Commission
on Appointments by-passed his ad-interim
appointment, and he was not re-appointed.
Can he re-assume his position as career
ambassador?
The career ambassador cannot re-assume his
position. His ad-interim appointment as cabinet
member was a permanent appointment.
(Summers v. Ozaeta, G.R. No. L-1534, 1948)
He abandoned his position as ambassador when
he accepted his appointment as cabinet member
because as cabinet member, he could not hold
any other office during his tenure. (Art. VIII, Sec.
13).
B. ELIGIBILITY AND QUALIFICATION
REQUIREMENTS
Q: W h at are q ualifications?
A. MODES AND KINDS OF APPOINTMENT
Qualifications can be understood in two ways:
1. It may refer to endowments, qualities, or
attributes which make an individual eligible
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2.
for public office. In which case, the individual
must possess these qualities at the time of
appointment or election and continuously for
as long as the official relationship continues;
or
It may refer to the act of entering into the
performance of the functions of a public
office. (Nachura Law Notes on Law on Public
Officers).
Q: What are qualifications in the sense of the
act of entering into the performance of the
functions of a public office?
It means that failure of an officer to perform an act
required by law can affect the officer’s title to the
given office.
Prolonged failure or refusal to take the office
could result in forfeiture of office. (Masadao Jr. v.
Glorioso, A.M. No. P-26-1207, 1997).
An oath of office taken before a person who has
no authority to administer oath is no oath at all.
Once proclaimed and duly sworn in office, a
public officer is entitled to assume office and to
exercise the functions thereof. The pendency of
an election protest is not sufficient basis to enjoin
him from assuming office. (Mendoza v. Laxina, Jr.
G.R. No. 146875, 2003).
Q: Who are required to give an official bond
before qualifying for a public office?
Only accountable public officers or those who are
entrusted with the collection and custody of public
money, and public ministerial officers whose
actions may affect the rights and interests of
individuals. (F. Mechem, A Treatise on the Law of
Public Offices and Officers, 165, 1980).
Q: What is the liability of an officer who
misrepresented his or her qualification, e.g.
educational attainment and eligibility for
government service?
The employee is guilty of plain and simple
dishonesty as it refers to the act of intentionally
making a false statement on any material fact in
securing one’s appointment. (Momongan v.
Sumayo, A.M. No. P-10-2767, 2011)
Q: What is required of all public officers and
employees based on the Constitution?
All public officers and employees shall take an
oath or affirmation to uphold and defend the
Constitution. (Phil. Const., art. IX-B, § 4)
F. DISABILITIES AND INHIBITIONS OF
PUBLIC OFFICERS
Q: What are the general disqualifications of
public officers?
1. No candidate who lost in an election shall,
within one year after such election, be
appointed to any office in Government. (Phil.
Const, art. IX-B, §VI)
2. No elective official shall be eligible for
appointment or designation in any capacity to
any public office or position during his tenure.
(Phil. Const., art. IX-B, § 7(1))
3. Unless otherwise provided by law or by the
primary functions of his position, no appointive
official shall hold any other position in
Government. (Phil. Const., art. IX-B, § 7(2))
Q: What are the special disqualifications of
public officers?
1. The President, Vice-President, the Members
of the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in the
Constitution, hold any other office or
employment during their tenure. (Phil. Const,
art. VIII, §13)
2. No Senator or Member of the House of
Representatives may hold any other office or
employment in the Government, or any
subdivision, agency or instrumentality thereof,
including government-owned or controlled
corporations or their subsidiaries, during his
term, without forfeiting his seat. Neither shall
he be appointed to any office which may have
been created or the emoluments thereof
increase during the term for which he was
elected. (Phil. Const, art. VI, § 13)
3. The Members of the Supreme Court and of
other courts established by law shall not be
designated to any agency performing quasi­
judicial or administrative functions. (Phil.
Const, art. VIII, § 12)
4. No Member of a Constitutional Commission
shall, during his tenure, hold any other office
or employment. (Phil. Const, art. IX-A, § 2)
The same disqualification applies to the
Ombudsman and his deputies. (Phil. Const,
art. XI, § 8)
5. The Ombudsman and his Deputies shall not
be qualified to run for any office in the election
immediately succeeding their cessation from
office. (Phil. Const, art. XI, §11)
6. Members of Constitutional Commissions, the
Ombudsman and his deputies must not have
been Candidates for any elective position in
the elections immediately preceding their
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appointment. (Phil. Const, art. IX-B, IX-C, IXD, §. 1; art. XI, § 8)
7. Members of the Constitutional Commissions,
the Ombudsman and his deputies are
appointed to a term of seven (7) years, without
reappointment. (Phil. Const, art. IX-B, § 1(2);
art. IX-C, § 1(2); Art. IX-D, §. 1(2); art. IX, §11)
8. The spouse and relatives by consanguinity or
affinity within the fourth civil degree of the
President shall not during his tenure be
appointed as Members of the Constitutional
Commissions, or the Office of the
Ombudsman,
or
as
Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including governmentowned or controlled corporations (Phil. Const,
art. VII, § 13, Art. VII)
G. POWERS AND DUTIES OF PUBLIC
OFFICERS
Q: Distinguish between dishonesty and
negligence.
Dishonesty
begins when
an
individual
intentionally makes a false statement in any
material fact, or practicing or attempting to
practice any deception or fraud in order to secure
his examination, registration, appointment or
promotion. It should be emphasized only when
the accumulated wealth becomes manifestly
disproportionate to the employee’s income or
other sources of income and his failure to
properly account or explain his other sources of
income does he become susceptible to
dishonesty. (Ombudsman v. Nieto, G.R. No.
185685, 2011).
In the case of public officials, there is negligence
when there is a breach of duty or failure to
perform the obligation, and there is gross
negligence when a breach of duty is flagrant and
palpable. Failing to comply with his duty to
provide a detailed list of his assets and business
interests in his SALN and for relying on the family
bookkeeper/accountant to fill out his SALN and in
signing the same without checking or verifying the
entries is negligence. (Presidential Anti-Graft
Commission v. Pleyto, G.R. No. 176058, 2011)
Q: What are the rules on nepotism?
1. The Constitution prohibits the president from
appointing his close relatives (within the 4th
civil degree by consanguinity or affinity io the
president or his spouse) to high positions in
government during his tenure. No relative of
the President, within the 4* civil degree, shall
be appointed to/as:
a. A Constitutional Commission
b. The Office of the Ombudsman
c. Secretary of a Department
d. Undersecretary of a Department
e. Chairman or Head of Bureaus of Offices
f. Any GOCC
g. Any GOCC subsidiary
2. Under the Civil Service Decree, all
appointments in the national, provincial, city,
and municipal governments or in any branch
or instrumentality, including GOCCs, made in
favor of the appointing or recommending
authority, or of the chief of the bureau of the
office, or of persons exercising immediate
supervision over him, are prohibited. As used
in the Civil Service Law, the term “relative” and
members of the family referred to those within
the 3 d degree of consanguinity or affinity.
(Presidential Decree No. 807, Sec. 49).
Q: The rule on nepotism does not apply to
designations made in favor of a relative of the
authority making a designation. True or False.
False. A designation accomplishes the same
purpose as appointment. (Laurel v. Civii Service
Commission, G.R. No. 71562, 1991); 2010 Bar
Exam Question.
Q: What are the exceptions to the rule on
nepotism? (CTAP)
1. Persons employed in confidential capacity
2. Teachers
3. Physicians
4. Members of AFP (Executive Order No, 292,
§59).
Q: The Mayor of San Jose City appointed his
wife, Amelia, as City Treasurer from among
tree (3) employees of the city considered for
the said position. Prior to said promotion,
Amelia had been an Assistant City Treasurer
for ten (10) years, that is, even before she
married the City Mayor. Should the Civil
Service Commission approve the promotional
appointment of Amelia? Why or why not?
The Civil Service Commission should not
approve the promotional appointment of Amelia.
Sec. 59(1), Chapter 7, Title I, Subsection A, Book
V of the Administrative Code prohibits ail
appointments in the cities of a relative of the
appointing authority within the third degree of
consanguinity or affinity. The prohibition applies
to all appointments, whether original or
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Q: What is the rule regarding errors in the
Statements of Assets, Liabilities and Net
Worth (SALN)?
Section 10 of R.A. 6713 provides that when the
head of office finds the SALN of a subordinate
incomplete or not in the proper form, such head
of office must call the subordinate’s attention to
such omission and give him the chance to rectify
the same. However, there is no right to notice
regarding errors in his SALN and to be told to
correct the same. The notice and correction
referred to in Section 10 are intended merely to
ensure that SALNs are “submitted on time, are
complete, and are in proper form.” These refer to
formal defects in the SALN and do not include
charges for falsification of the assets and for
declaring a false net worth because these are
substantive, not formal defects. (Carabeo v.
Sandiganbayan, G.R. No. 190580-81, 2011).
1.
2.
3.
4.
5.
6.
7.
Right to Office, just and legal claim to
exercise powers and responsibilities of public
office.
Right to Wages
Right to Preference in Promotion, subject to
the discretion of the appointing authority
Right to Vacation and Lick leave
Right to Maternity Leave
Right to Retirement Pay
Other rights:
a. Right to reimbursement for expenses
incurred in due performance of duty
(does not include transportation
allowance for those using government
vehicles)
b. Right to be indemnified against
liabilities they may incur in bona fide
discharge of duties
c. Right to longevity pay
Q: Who are required to file SALN? (VAPOSC3)
1. President
2. Vice-President
3. Members of the Cabinet
4. Members of Congress
5. Justices of the Supreme Court
6. Members of Constitutional Commissions
7. Other constitutional offices
8. Officers of the Armed Forces with general or
flag rank
Q: What is the hold-over principle?
It is the principle which provides that even though
a public officer’s term has expired or his services
terminated, he should continue holding his office
until his successor is appointed or chosen and
had qualified. (Topacio Nueno v. Angeles, 76
Phil. 12, 1946).
A public officer or employee shall submit a
declaration under oath of his assets, liabilities and
net worth within 30 days after the assumption of
office, as often as required under the law, i.e., on
or before April 30 of every year thereafter, and
within 30 days after separation from service.
(Republic Act No. 6713, Sec. 8(A)).
Q: What is preventive suspension?
Preventive suspension is merely a preventive
measure, a preliminary step in an administrative
investigation. The purpose of the suspension
order is to prevent the accused from using his
position and the powers and prerogatives of his
office to influence potential witnesses or tamper
with records which may be vital in the prosecution
of the case against him. If after such
investigation, the charge is established and the
person investigated is found guilty of acts
warranting his suspension or removal, then, as a
penalty, he is suspended, removed or dismissed.
(Villasenor v. Sandiganbayan, G.R. No. 180700,
2008)
Q: What happens when an employee makes a
misdeclaration in his or her SALN?
Mere misdeclaration in SALN does not
automatically amount to dishonesty. Only when
the accumulated wealth becomes manifestly
disproportionate to the employee’s income or
other sources of income and the public
officer/employee fails to properly account or
explain his or her other sources of income, does
he become liable to dishonesty. (Ombudsman v.
Racho, G.R. No. 185685, 2011)
H. RIGHTS OF PUBLIC OFFICERS
Q: What are the rights of public officers?
I.
LIABILITIES OF PUBLIC OFFICERS
1.
Preventive suspension and back salaries
Q: What are the kinds of preventive
suspension (PS)?
1. Preventive
Suspension
pending
investigation;
2. Preventive Suspension pending appeal.
Q: What is preventive suspension pending
investigation?
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Such suspension is not a penalty. It is a measure
intended to enable the disciplining authority to
investigate charges against respondent by
preventing the latter from intimidating or in any
way influencing witnesses against him. If the
investigation is not finished and a decision is not
rendered within that period, the suspension will
be lifted and the respondent will automatically be
reinstated. If after investigation, respondent is
found innocent of the charges and is exonerated,
he should be reinstated. (CSC v. Alfonso, G.R.
No. 179452, 2009)
Q: What is preventive suspension pending
appeal?
This is part of the penalty, no back salaries shall
be due for the period of preventive suspension
pending investigation but only for the period of
preventive suspension pending appeal, in the
event the employee is exonerated. (Gloria v. CA,
G.R. No. 131012, 1999)
Q: May the Ombudsman place a public officer
under preventive suspension?
Yes. There is no dispute as to the power of the
Ombudsman to place a public officer charged
with an administrative offense under preventive
suspension. That power is clearly confined under
Section 24 of R.A. No. 6770.
The law sets forth 2 conditions that must be
satisfied to justify the issuance of an order of
preventive suspension pending an investigation:
1. The evidence of guilt is strong; and
2. Either of the following circumstances co-exists
with the first requirement:
a. The
charge
involves
dishonesty,
oppression or grave misconduct or neglect
in the performance of duty;
b. The charge would warrant removal from
the service; or
c. The respondent’s continued stay in office
may prejudice the case filed against him.
(Ombudsman v. Valeroso, G.R. No.
167828, 2007)
Q: Is prior notice and hearing required before
an officer may be placed under preventive
suspension?
No. Settled is the rule that prior notice and
hearing are not required in the issuance of a
preventive suspension order. (Carabeo v. CA,
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Q: What are ultra vires acts?
These are acts which are clearly beyond the
scope of one's authority. They are null and void
and cannot be given any effect. The doctrine of
estoppel cannot operate to give effect to an act
which is otherwise null and void or ultra vires.
(Acebedo Optical Company v. CA, G.R. No.
100152, 2000)
Q: What is demotion?
There is demotion when an employee is
appointed to a position resulting in diminution of
duties, responsibilities, status or rank, which may
or may not involve a reduction in salary. Where
an employee is appointed to a position with the
same duties and responsibilities but with rank and
salary higher than those enjoyed in his previous
position, there is no demotion and the
appointment is valid. (Bautista v. Civil Service
Commission, G.R. No. 185215, 2010).
Q: When is demotion not proper?
Demotion to a lower rate of compensation is also
equivalent to removal if no cause is shown for it
when it is not part of any disciplinary action.
(Floreza v. Ongpin, G.R. No. 81356, 1990).
Q: Is proof of damage required for one to be
administratively liable?
No. Proof of damage or actual injury is not
required for administrative liability to attach to a
public officer. It is enough that the act was
contrary to the established norms of conduct for
government service. However, an employee of
GSIS who altered IP addresses without authority,
not in the performance of his duties, will not be
guilty of grave misconduct but conduct prejudicial
to the best interest of service. To constitute
misconduct, the act or acts must have a direct
relation to and be connected with the
performance of official duties. (GSIS v.
Mayordomo, G.R. No. 191218, 2011)
Q: What is reinstatement?
It is the restoration to a state or condition from
which one had been removed or separated. One
who is reinstated assumes the position he had
occupied prior to the dismissal and is, as an
ordinary rule, entitled only to the last salary in that
position. (Judy Philippines, Inc. v. NLRC, G.R.
No. 111934, 1998; People v. Macalino, G.R. No.
79387, 1989).
aaaa\
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2. Illegal dismissal, reinstatement and back
salaries
Q: When is a public officer entitled to
reinstatement and back salaries?
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Two conditions before an employee may be
entitled to back salaries.
1. The employee must be found innocent of the
charges; and
2. His suspension must be unjustified or the
official was innocent. Laws provide for
preventive suspension for a fixed period.
Thus, a suspension beyond the fixed period
is unjustified and must be compensated.
(CSC v. Cruz, G.R. No. 187858, 2011)
Q: When is a public officer not entitled to
reinstatement and back salaries?
A public officer is not entitled to reinstatement and
back salaries, when removal or suspension is
lawful. The denial of salary to an employee during
the period of his suspension, if he should later be
found guilty, is proper because he had given
ground for his suspension. It does not impair his
constitutional rights because the Constitution
itself allows suspension for cause as provided by
law, and the law provides that an employee may
be suspended pending an investigation or by way
of penalty. (Bangalisan v. CA, G.R. No. 124678,
1997)
Q: If the public officer is entitled to back
salaries, how much should this be?
When an official or employee was illegally
dismissed and his reinstatement is ordered, for all
legal purposes he is considered as not having left
his office and, therefore, is entitled to all rights
and privileges that accrue to him by virtue of the
office. (DOTC v. Cruz, G.R. No. 178256, 2008)
However, an illegally terminated civil service
employee is entitled to back salaries limited only
to a maximum period of five years. (Galang v.
Land Bank, G.R. No. 175276, 2011)
Q: Where should the claim for back salaries
be filed?
The claim for recovery of back salaries involves
settlement of accounts or claims against the
government and should therefore be filed with the
Commission on Audit.
Q: Mario, a Bureau of Customs examiner, was
administratively
charged
with
grave
misconduct and preventively suspended
pending investigation. The head of office
found him guilty as charged and ordered his
dismissal. The decision against him was
executed
pending
appeal.
The
CSC
subsequently found him guilty and after
considering
a
number
of mitigating
circumstances, reduced his penalty to only
one-month suspension. Is Mario entitled to
back salaries?
No, he is still guilty of grave misconduct, only the
penalty was reduced.
Q: X, an administrative officer in the
Department of Justice, was charged with
grave
misconduct
and
preventively
suspended for 90 days pending investigation.
Based on the evidence, the Secretary of
Justice found X guilty as charged and
dismissed him from the service. Pending
appeal, X’s dismissal was executed.
Subsequently, the Civil Service Commission
(CSC) reversed the Secretary’s decision and
the reversal became final and executory. What
is the effect of X's exoneration?
Because of his exoneration, X is entitled to
reinstatement and back salaries during his
suspension pending appeal.
J.
IMMUNITY OF PUBLIC OFFICERS
Q: Are public officers immune from suit?
Yes. A public officer is not liable for injuries
sustained by another due to official acts done
within the scope of his authority. (Revised Penal
Code, art. 11 (5)).
Q: Are there exceptions to a public officer’s
immunity from suit?
Yes. A public officer is not immune when liability
does not devolve ultimately to the State, such as:
1. A petition to require official to do his duty
2. A petition to restrain him from doing an act
3. To recover taxes from him
4. Those where the officer impleaded may by
himself alone comply with the decision of the
court
5. Where the government itself has violated its
own laws
Also, where a public officer has committed an
ultra vires act, or where there is a showing of bad
faith, malice or gross negligence, the officer can
be held personally accountable even if such acts
are claimed to have been performed in
connection with official duties. (Wylie v. Rarang,
G.R. No. 74135, 1992) Where the public officer is
sued in his personal capacity, state immunity will
not apply. (Lansang v. CA, G.R. No. 102667,
2000)
Q: Executive Secretary Chua issued an order
prohibiting the holding of rallies along
Mendiola because it hampers the traffic flow
to Malacanang. A group of militants
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questioned
the
order
for
being
unconstitutional and filed a case against
Secretary Chua to restrain him from enforcing
the order. Secretary Chua raised state
immunity from suit claiming that the state
cannot be sued without its consent. Is the
claim correct?
No, public officers may be sued to restrain them
from enforcing an act claimed to be
unconstitutional.
Q: If a public officer has already resigned,
should the administrative complaint filed
against her be dismissed?
Cessation from office by virtue of her intervening
resignation did not warrant the dismissal of the
administrative complaint against her, for the act
complained of had been committed when she
was still in the service. (Concerned Citizen v.
Catena, A.M. OCA IPI No. 02-1321-P, 2013)
J.
DE FACTO OFFICERS
Q: What is a de facto officer?
A de facto officer is one who derives his
appointment from one having colorable authority
to appoint, if the office is an appointive office, and
whose appointment is valid on its face. He may
also be one who is in possession of an office, and
is discharging its duties under color of authority,
by which is meant authority derived from an
appointment, however irregular or informal, so
that the incumbent is not a mere volunteer. (Puna
v. Agra, G.R. No. 191644, 2013).
Q: What are the effects of the acts of de facto
officers?
The acts of the de facto officer, insofar as they
affect the public, are valid, binding and with full
legal effect. The doctrine is intended not for the
protection of the public officer, but for the
protection of the public and individuals who get
involved in the official acts of persons discharging
duties of a public office. (Funa v. Agra, G.R. No.
191644, 2013)
Q: Are de facto officers entitled to salaries?
The rightful incumbent of a public officer may
recover from an officer de facto the salary
received by the latter during the time of his
wrongful tenure, even though he entered into the
office in good faith and under color of title.
(Generai Manager v. Monserate, G.R. No.
129616, 2002)
However, where there is no de jure public officer,
the officer de facto, who in good faith has had
possession of the office and has discharged the
duties pertaining thereto, is legally entitled to the
emoluments of the office, and may, in an
appropriate action, recover the salary, fees and
other compensation attached to the office. (Civil
Liberties Union v. Executive Secretary, G.R. No.
83896, 1991).
Q: A person who occupies an office that is
defectively created is a de facto officer. True
or False.
False. For him to be a de facto officer, the office
must
be validly
created.
(Tuanda
v.
Sandiganbayan, G.R. No. 110544, 1995)
Q: Van sought to disqualify Manresa as
congresswoman of the third district of Manila
on the ground that the latter is a green card
holder. By the time the case was decided
against Manresa, she had already served her
full term as congresswoman. What was
Manresa's status during her incumbency as
congresswoman?
She was a de facto officer since she was elected
and she served, and her disqualification only
came later. (Sampayan v. Daza, G.R. No.
103903, 1992).
K. TERMINATION OF OFFICIAL RELATION
Q: What are the causes for termination of
official relations? (TAD PAIR CAIRR)
1. NATURAL CAUSES:
a. Expiration of the term or tenure of office
unless authorized to hold over, his/her
rights and duties ipso facto cease;
b. Reaching the age limit (retirement) - 65
years for public officers and employees;
c. Death or permanent disability.
2. ACTS OR NEGLECT OF OFFICER:
a. Prescription of Right to Office - quo
warranto is the proper remedy against a
public officer or employee for his/her ouster
from office, which should be commenced
within one year after the cause of such
ouster; otherwise the action shall be
barred;
h. Abandonment of Office —Abandonment of
an office is the voluntary relinquishment of
an office by the holder, with the intention of
terminating his possession . and control
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surrender, renounce and relinquish the
office, and its acceptance by competent
and lawful authority. Verily, a "courtesy
resignation” cannot properly be interpreted
as resignation in the legal sense for it is not
necessarily a reflection of a public official's
intention to surrender his position. Rather,
it manifests his submission to the will of the
political authority and the appointing
power. (Ortiz v. COMELEC, G.R. No.
78957, 1988)
thereof. There are, therefore, two essential
elements of abandonment: first, an
intention to abandon and second, an overt
or “external" act by which the intention is
carried into effect.
Generally speaking, a person holding a
public office may abandon such office by
nonuser or acquiescence. Non-user refers
to a neglect to use a right or privilege or to
exercise
an
office.
However,
nonperformance of the duties of an office
does not constitute abandonment where
such
nonperformance
results from
temporary disability or from involuntary
failure to perform. Abandonment may also
result from an acquiescence by the officer
in his wrongful removal or discharge, for
instance, after a summary removal, an
unreasonable delay by an officer illegally
removed in taking steps to vindicate his
rights may constitute an abandonment of
the office. (Canonizado v. Aguirre, G.R.
No. 133132, 2001)
c. Acceptance of an Incompatible office - It is
a well settled rule that he who, while
occupying one office, accepts another
incompatible with the first, ipso facto
vacates the first office and his title is
thereby terminated without any other act or
proceeding. Public policy considerations
dictate against allowing the same
individual to perform inconsistent and
incompatible duties. The incompatibility
contemplated is not the mere physical
impossibility of one person’s performing
the duties of the two offices due to a lack
of time or the inability to be in two places at
the same moment, but that which proceeds
from the nature and relations of the two
positions to each other as to give rise to
contrariety and antagonism should one
person attempt to faithfully and impartially
discharge the duties of one toward the
incumbent of the other. (Canonizado v.
Aguirre, G.R. No. 133132, 2001)
d. Resignation - formal renunciation or
relinquishment of office. To constitute a
complete and operative act of resignation,
the officer or employee must show a clear
intention to relinquish or surrender his
position accompanied by the act of
relinquishment. Resignation implies an
expression of the incumbent in some form,
express or implied, of the intention to
3. ACTS OF THE GOVERNMENT OR PEOPLE:
a. Conviction of a crime - termination results
when the penalties of perpetual or
temporary absolute disqualification or
penalties of perpetual or temporary special
disqualification
are
imposed
upon
conviction by final judgment in a trial court
b. Abolition of office
c. Impeachment - way of removing the
President, Vice President, Members of the
Supreme Court and the Constitutional
Commissions and the Ombudsman
d. Removal - ouster of the incumbent before
the expiration of his/her term
e. Recall - refers to the election itself by
means of which voters decide whether they
should retain their local official or elect
replacement. The ground for recall is “loss
of confidence.”
Q: What is the relationship between
administrative liability and criminal liability?
It is a fundamental principle in the law on public
officers that administrative liability is separate
from and independent of criminal liability. A
simple act or omission can give rise to criminal,
civil or administrative liability, each independently
of the others. This is known as the “threefold
liability rule.” Thus, absolution from a criminal
charge is not a bar to an administrative
prosecution, and vice versa. The dismissal of the
administrative cases against the petitioners will
not necessarily result in the dismissal of the
criminal complaints filed against them. (Regidor,
Jr. vs. People, G.R. No. 166086-92, 2009)
Q: Anton was the duly elected Mayor of
Tunawi in the local elections of 2004. He got
51% of all the votes cast. Fourteen months
later, Victoria, who also ran for mayor, filed
with the Local Election Registrar, a petition
for recall against Anton. The COMELEC
approved the petition and set a date for its
signing by other qualified voters in order to
garner at least 25% of the total number of
registered voters or total number of those
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POLITICAL LAW
who actually voted during the local election in
2005, whichever is lower. Anton attacked the
COMELEC resolution for being invalid. Do
you agree with Anton?
Yes, the petition should be initiated by at least
25% of the total number of registered voters of
Tunawi. (See, Republic Act 7160, Sec. 70)
Subject to appointing authority’s
pleasure
•
Limited to the duration of a particular
project (P.D. No 807, Art. 4, Sec. 6).
3. They, however, enjoy constitutional guarantee
that they cannot be removed, except for cause
and after due hearing. (P.D. No 807, Sec. 36).
L. THE CIVIL SERVICE
2.
1. Scope
Q: What are the causes for protesting an
appointment?
1. Appointee not qualified
2. Appointee is not the next-in-rank
3. In the case of appointment by transfer,
reinstatement, or by original appointment,
that the protestant is not satisfied with the
written special reason(s) given by the
appointing authority. (P.D. No. 807, Art. 8,
Sec. 19(6)).
Q: What is the scope of the Civil Service?
It embraces all branches, subdivisions,
instrumentalities
and
agencies
of
the
government, including government-owned or
controlled corporations with original charter. (Art.
IX-B, Sec. 2(1)).
Q: What are the classes of service in the Civil
Service?
1. Career Service
2. Non-Career Service
Q: What is career service?
It is characterized by:
1. Entrance based on merit and fitness to be
determined by competitive examinations or
based on highly technical qualifications
2. Opportunity for advancement to higher career
positions
3. Security of tenure (P.D. No. 807, Art. 4, Sec.
5).
It is composed of the following levels of positions:
• 1st level: clerical, trades, crafts and custodial
service
positions
involving
nonprofessional/sub-professional in a nonsupervisory or supervisory capacity requiring
less than 4 yrs of collegiate studies
• 2nd level: professional, technical and
scientific
positions
in
a
nonsupervisory/supervisory capacity requiring at
least 4 years of college work up to division
chief level
• 3rd level: career executive service positions.
(P.D No. 807, Art. 4, Sec. 7).
Q: What is non-career service?
It is characterized by:
1. Entrance on bases other than those of the
USUa! teSt r\f rr»0r*if or-jH fi+00oo
2. Tenure which is limited to
•
Period specified by law
•
Coterminous with that of appointing
authority
•
Appointments to the civil service
Q: What does “for cause” mean?
It means for reasons which the law and sound
public policy recognized as sufficient warrant for
approval; that is, legal cause, and not merely
causes which appointing power, in the exercise
of discretion, may deem sufficient. The cause
must relate to and affect the administration of the
office, and must be restricted to something
substantial in nature. (Eduardo de los Santos v.
Gil Mallare, G. R. No. L-3881, 1950).
Q: May the CSC revoke an appointment?
Generally, no, but, it may be revoked/recalled by
the CSC on the following grounds:
1. Non-compliance w/ the procedures/criteria
provided in the agency’s merit promotional
plan
2. Failure to pass through the agency’s
selection/promotion board
3. Violation of the existing collective agreement
between management and employees
relative to promotion
4. Violation of other existing civil service law,
rules & regulations
3.
Personnel actions
Q: What are personnel actions?
These are any action denoting movement or
progress of personnel in the civil service.
(Omnibus Implementing Rules of F O No 292,
Rule V, § 1. cited in City Mayor Debulgado v.
CSC, G.R. No. 111471, 1994)
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Q: Who may inquire into the validity of
creation of positions?
It is the CSC which is empowered to look into the
validity of creation of positions and appointments
of personnel appointed by the Mayor which
appointments were confirmed by the CSC. There
being a valid appointment confirmed by CSC and
the concerned personnel having rendered
services, payment of their salaries is proper and
legal. (Tolentino vs. Atty. Roy Loyola, G.R. No.
153809, 2011)
Q: What are the valid personnel actions?
1. Extending temporary appointment, but, must
not amount to removal.
2. Transfer or re-assignment, which shall not
involve a reduction in rank, status, and
salary, without break in service.
3. Detail, which must be made in the interest of
public service, absent showing of manifest
abuse or improper motive or purpose
Q: What are the personnel actions amounting
to removal?
1. Shortening term
2. Control does not extend to removal
3. Demotion
4. Denial of optional retirement and refusal to
reinstate
Q: Can personnel be temporarily transferred?
Yes. But, while a temporary transfer or
assignment of personnel is permissible even
without the employee’s prior consent, it cannot be
done when the transfer is a preliminary step
toward his removal, or is a scheme to lure him
away from his permanent position, or designed to
indirectly terminate his service, or force his
resignation. Such a transfer would in effect
circumvent the provision which safeguards the
tenure of office of those who are in the Civil
Service. (Hon. Gloria v. CA, G.R. No. 119903,
2000)
M. ACCOUNTABILITY OF PUBLIC
OFFICERS
Q: What is Impeachment?
impeachment refers to the power of Congress to
remove a public official for serious crimes or
misconduct as provided in the Constitution. It is a
mechanism designed to check abuse of power.
(Corona v. Senate of the Philippines sitting as an
Impeachment Court, G.R. No. 200242, 2012)
Q: Who may be impeached? (VP-SOC)
1.
2.
3.
4.
5.
President
Vice President
Supreme Court Justices
Constitutional Commission members
Ombudsman
Q: What are the grounds for impeachment?
(GOT BBC)
1. Graft and corruption
2. Other high crimes
3. Treason
4. Betrayal of public trust
5. Bribery
6. Culpable violation of the Constitution
This is an exclusive list. Congress cannot add to
the list of impeachable offenses. (Bernas Primer,
page 444).
Q: How is impeachment done?
Impeachment is carried out in the following
manner:
1. Filing of verified complaint. Can be filed by:
a. Any
member of the
House of
Representatives
b. Any citizen upon a resolution or
endorsement by any Member of the House
c. By at least 1/3 of all the Members of the
House of Representatives
Note: If the verified complaint or resolution of
impeachment was filed by at least 1/3 of all the
Members of the House, it shall constitute the
Articles of Impeachment. Trial in the Senate
shall proceed.
2. Inclusion of complaint in the order of business
within 10 session days
3. Referral to proper Committee within 3 session
days thereafter
4. Submission of committee report to the House
together with corresponding resolution
5. The report should be submitted within 60 days
from referral, after hearing, and by a majority
vote of all its members.
6. Calendaring of resolution for consideration by
the House
7. Should be done within 10 session days from
receipt thereof
8. Vote of at least 1/3 of all the members of the
House necessary to:
a. Affirm a favorable resolution with the
Articles of Impeachment of the Committee
or
b. To override its contrary resolution
9. The 1-year period shall be counted from the
time of the filing of the first impeachment
Complaint. Impeachment proceedings pertain
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to the proceedings in the House of
Representative which commences from the
initiation of the complaint, to the referral to
proper committees, to submission of the
report to the House, subsequent deliberation,
and ends with the transmittal of the Article of
Impeachment to the Senate. An impeachment
case pertains to a trial in the Senate which
commences at the time the Articles of
Impeachment are transmitted to the Upper
House. (Art XI, Sec. 3, PHIL CONST.).
Q: Who has the power to try and decide
impeachment cases?
Senate has the sole power to try and decide all
eases of impeachment.
Q: Who has the power to initiate impeachment
complaints?
The House of Representatives has the exclusive
power to initiate impeachment cases. However,
this power has limitations, which include the
manner of filing, required vote to impeach, and
the one-year bar on the impeachment of one and
the same official. (Gutierrez v. House Committee
on Justice, G.R. No. 193459, 2011)
Q: Who determines sufficiency of form and
substance of an impeachment complaint?
The determination of sufficiency of form and
substance of an impeachment complaint is an
exponent of the express constitutional grant of
rule-making
powers
of the House of
Representatives. In the discharge of that power
and in the exercise of its discretion, the House
has formulated determinable standards as to the
form and substance of an impeachment
complaint. Questions on what constitutes as an
impeachable offense are considered to be purely
political questions and thus left to the sound
determination of the legislature. (Gutierrez v.
House Committee on Justice, G.R. No. 193459,
2011)
Q: Can the SC inquire into the conduct of
impeachment proceedings?
The SC found it well-within its power to determine
whether Congress committed a violation of the
Constitution or gravely abused its discretion in the
exercise of its functions and prerogatives that
could translate as lack or excess of jurisdiction in
taking cognizance of two impeachment
complaints that are inquisitorial in function, akin
io a preliminary investigation. (Gutierrez v. House
Committee on Justice, G.R No. 193459, 2011)
Q: What are the effects of impeachment?
(LDR)
1. Removal from office of the official concerned
2. Disqualification to hold any office
3. Officer still liable to prosecution, trial, and
punishment if the impeachable offense
committed also constitutes a felony or crime.
Q: Upon endorsement from the Senate where
it was first mistakenly filed, the House of
Representatives Committee on Justice found
the verified complaint for impeachment
against the President sufficient in form but
insufficient in substance. Within the same
year, another impeachment suit was filed
against the President who questioned the
same for being violative of the Constitution. Is
the President correct?
Yes, no impeachment proceeding can be filed
against the President more than once within a
year. (Rules of Procedure in Impeachment
Proceedings,
Rule
5,
Sec.
14).
Q: Can a Chief Justice, an impeachable
officer, be a respondent in a quo warranto
proceeding?
impeachment is not an exclusive remedy by
which an invalidly appointed or invalidly elected
impeachable official may be removed from office.
The language of Section 2, Article XI of the
Constitution
does
not
foreclose
a quo
warranto action against impeachable officers:
“Section 2. The President, the Vice-President, the
Members of the Supreme Court, the Members of
the Constitutional Commissions, and the
Ombudsman may be removed from office on
impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or
betrayal of public trust.” The provision uses the
permissive term “may” which denote discretion
and cannot be construed as having a mandatory
effect, indicative of a mere possibility, an
opportunity, or an option. (Republic v. Sereno,
G.R. N o .237428, 2018)
Q: What is the scope of the authority of the
Ombudsman?
The Office of the Ombudsman shall have
disciplinary authority over all elective and
appointive officials of the Government and its
subdivisions, instrumentalities and agencies,
including Members of the Cabinet, local
government, government-owned or controlled
corporations and their subsidiaries, except over
officials who may be removed only by
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impeachment or over Members of Congress, and
the Judiciary. (R.A. 6770, Sec. 21)
Q: Where does one appeal decisions of the
Ombudsman?
It depends.
1. Administrative disciplinary cases
a. GR: Rule 43, CA (Fabian v. Desierto, G.R.
No. 129742, 16 September 16, 1998)
b. XPN: (i) Absolved or (ii) Convicted but
penalty imposed is public censure or
reprimand, suspension of not more than
one month, or fine equivalent to one-month
salary. (Dagan v. Ombudsman, G.R. No.
184083, November 19, 2013)
2. Criminal cases - Rule 65, SC ( Tirol v.
Sandiganbayan, G.R. No. 135913, November
4, 1999)
3. Consolidated administrative and criminal
cases - Rule 43, CA OR Rule 65, SC. (Cortes
. v. Ombudsman, G.R. No. 187896-97, June
10, 2013)
Q: When may the Office of the Special
Prosecutor file an information against a
public officer for graft?
The Office of the Special Prosecutor may file an
information against a public officer for graft only
when authorized by the Ombudsman. (Uy v.
Sandiganbayan, G.R. No. 105965-70, 2001).
Q: What is the jurisdiction of the
Sandiganbayan?
It is Sandiganbayan which has jurisdiction over
appeals from criminal cases where the accused
is a government employee. Pursuant to RA 8249,
the Sandiganbayan shall exercise exclusive
appellate jurisdiction over final judgments,
resolutions or orders of regional trial courts
whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as
herein provided. (Filomena v. People, G.R. No.
188630,2011)
The Sandiganbayan shall exercise exclusive
original jurisdiction in all cases involving:
1. Violations of
a. R.A. 3019 (Anti-Graft and Corrupt
Practices Act
b. R.A. 1379 (Forfeiture of Ill-Gotten Wealth
Act)
c. Chap.2, S e c . 2, Title VII, Book II, RPC
2. Where o n e o r more of the accused are
officials, w h e t h e r i n a permanent, acting or
interim c a p a c i t y , a t the time of the commission
of the offense:
a. Officials of the executive branch occupying
the positions of regional director and
higher, otherwise classified
as
Grade 27 and higher, of the Compensation
and Position
Classification Act of
1989 (R.A. No. 6758),
b. Members of Congress and officials thereof
classified as Grade ’27’ and higher under
the
Compensation
and
Position
Classification Act of 1989;
c. Members of the judiciary without prejudice
to the provisions of the Constitution;
d. Chairmen
and
members
of
the
Constitutional
Commissions,
without
prejudice to the provisions of the
Constitution; and
e. All other national and local officials
classified as Grade ’27’ and higher under
the
Compensation
and
Position
Classification Act of 1989.
3. Other offenses or felonies whether simple or
complexed with other crimes committed by the
public officials and employees mentioned in
subsection a. of this section in relation to their
office.
4. Civil and criminal cases filed pursuant to and in
connection with Executive Order Nos. 1,2, 14
and 14-A, issued in 1986. (R.A. No. 10660,
Sec. 2)
Q: Who has control over cases falling within
the jurisdiction of the Sandiganbayan?
While it is the Ombudsman who has the full
discretion to determine whether or not a criminal
case should be filed in the Sandiganbayan, once
the case has been filed with said court, it is the
Sandiganbayan, and no longer the Ombudsman,
which has full control of the case so much so that
the Information may not be dismissed without the
approval of said court. In this case, the
Sandiganbayan, ordered the Special Prosecutor
to conduct a reinvestigation and subsequently
granted his motion to withdraw the informations,
after finding no probable cause against the latter
on reinvestigation. The Sandiganbayan thus
gave its approval to the withdrawal of the
informations and ordered the dismissal of the
cases. Since no appeal was taken by the Special
Prosecutor from the order of dismissal within the
reglementary period, the same had become final
and executory. (City Government of Tuguegarao
v. Ting, G.R. Nos. 192435-36, 2011)
Q: Who shall act as prosecutor in cases
before the Sandiganbayan?
In all cases elevated to the Sandiganbayan and
from the Sandiganbayan to the Supreme. Court,
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the Office of the Ombudsman, through its special
prosecutor, shall represent the People of the
Philippines, except in cases filed pursuant to
Executive Order Nos. 1,2,14 and 14-A. A private
complainant in a criminal case before the
Sandiganbayan is allowed to appeal only the civil
aspect of the criminal case after its dismissal by
said court. (City Government of Tuguegarao v.
Ting, G.R. Nos. 192435-36, 2011)
Q: When
may ill-gotten wealth
be
sequestered?
Sec. 26, Art. 18 of the Constitution states that an
order of sequestration may only issue upon a
showing of a prima facie case that the properties
are ill-gotten wealth under Executive Orders 1
and 2. When a court nullifies an order of
sequestration for having been issued without a
prima facie case, the Court does not substitute its
judgment for that of the PCGG but simply applies
the law. (Republic of the Philippines v.
Sandiganbayan and Imelda Marcos, G.R. No.
155832, 2010)
Q: Does the PCGG have the power to grant
immunity to witnesses?
Yes. The scope of immunity that the PCGG may
offer to witnesses may vary. It has discretion to
grant appropriate levels of criminal immunity
depending on the situation of the witness and his
relative importance to the prosecution of ill-gotten
wealth cases. The immunity from criminal or civil
prosecution covers immunity from giving
evidence in a case before a court of law, because
in reality the guarantee given to a witness against
being compelled to testify constitutes a grant of
immunity
from
civil
or
criminal
prosecution. (Disini v. Sandiganbayan, G.R. No.
180564, 2010)
N. TERM LIMITS
Q: How does the holdover principle affect
term?
The concept of holdover when applied to a public
officer implies that the office has a fixed term and
the incumbent is holding onto the succeeding
term. It is usually provided by law that officers
elected or appointed for a fixed term shall remain
in office not only for that term but until their
successors have been elected and qualified.
Where this provision is found, the office does not
become vacant upon the expiration of the term if
there is no successor elected and qualified to
assume it, but the present incumbent will carry
over until his successor is elected and qualified, .
even though it be beyond the term fixed by law.
PAGE 66
(Lecaros v. Sandiganbayan, G.R. No. 130872),
1999)
Q: Does voluntary renunciation interrupt a
public officer’s term?
No. Voluntary renunciation, while involving loss of
office and the total incapacity to render service, is
disallowed by the Constitution as an effective
interruption of a term. It is therefore not allowed
as a mode of circumventing the three-term limit
rule. Preventive suspension, by its nature, does
not involve an effective interruption of a term and
should therefore not be a reason to avoid the
three-term limitation. (Aldovino v. COMELEC,
G.R. No. 184836, 2009)
Q: Alfredo was elected municipal mayor for
three consecutive terms. During his third
term, the municipality became a city. Alfredo
ran for city mayor during the next immediately
succeeding election. Voltaire sought his
disqualification citing the three-term limit for
elective officials. Will Voltaire's action
prosper?
Yes, the three-term limit uniformly applies to the
office of mayor, whether for city or municipality.
(Abundo v. Comelec, G.R. No 201716, 2013).
Q: Adela served as Mayor of Kasim for 2
consecutive terms. On her third term,
COMELEC ousted her in an election protest
that Gudi, her opponent, filed against her.
Two years later, Gudi faced
recall
proceedings and Adela ran in the recall
election against him. Adela won and served
as Mayor for Gudi's remaining term. Can
Adela run again for Mayor in the next
succeeding election without violating the 3term limit?
Yes, her ouster from office in her third term
interrupted the continuity of her service as mayor.
ADMINISTRATIVE LAW
A. GENERAL PRINCIPLES
B. ADMINISTRATIVE AGENCIES
1. DEFINITION
1. MANNER OF CREATION
2. KINDS
C. POWERS OF ADMINISTRATIVE
AGENCIES
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Q: What are the powers of administrative
agencies?
The powers of administrative agencies are:
1. DISCRETIONARY - The power or right
conferred upon them by law to act officially
under certain circumstances, according to the
dictates of their own judgment and
conscience, and not controlled by the
judgment or conscience of others.
2. MINISTERIAL - Nothing is left to discretion; a
simple, definite duty arising under conditions
admitted or proved to exist, and imposed by
law; a duty performed in response to what has
been imposed by law under conditions
specified by law not being dependent upon the
officer’s judgment or discretion.
Q: Is Philippine National Red Cross a public
agency?
The structure of the Philippine National Red
Cross is sui generis being neither strictly private
nor public in nature. (Liban v. Gordon, G.R. No.
175352, 2011)
1. QUASI-LEGISLATIVE (RULE-MAKING)
POWER
Q: Distinguish between legislative and quasi­
legislative powers.
Legislative power involves the discretion to
determine what the law shall be. This cannot be
delegated. Quasi-legislative power only involves
the discretion to determine how the law shall be
enforced. This can be delegated. (US v. Ang
Tang Ho, G.R. No. 17122, 1922).
Quasi-legislative power only involves the
discretion to determine how the law shall be
enforced. This can be delegated. (Smart v. NTC,
G.R. No. 151908, 2003).
a. Kinds of administrative rules and
regulations
Q: What are the kinds of administrative rules
and regulations? (SIC PIP)
1. SUPPLEMENTARY - Those which only supply
details, also known as detailed legislation.
2. INTERPRETATIVE - Those that do no more
than to interpret a statute. These are given
weight and respect but are not conclusive to
the courts.
3. CONTINGENT - Those which determine when
a statute will go into effect. Power to ascertain
the happening of such facts may be delegated
to administrative agencies.
4. PROCEDURAL - Those which describe the
method by which the agency will carry out its
appointed functions
5. INTERNAL - Those issued by a superior
administrative or executive officer to his
subordinates for the proper and efficient
administration of law.
6. PENAL - Those that carry out penal or criminal
sanctions for violation of the same.
b.
Requisites for validity
Q: What are the tests for valid delegation of
quasi-legislative power?
The tests of delegation are:
1. COMPLETENESS test - The statute must be
complete in all its terms and conditions when
it leaves the legislature such that when it
reaches the delegate, the only thing he will
have to do is to enforce it. (Association of Phil.
Coconut Desiccators v. Phil. Coconut
Authority, G.R. No. 110526, 1998).
2. SUFFICIENT STANDARD test - The statute
fixes a standard, mapping out the boundaries
of the agency’s authority to which it must
conform. The law must offer a sufficient
standard to specify the limits of the delegate’s
authority, announce the legislative policy and
specify the conditions under which it is to be
implemented. (Abakada v. Purisima, G.R. No.
166715, 2008).
2. QUASI-JUDICIAL (ADJUDICATORY)
POWER
a. Administrative due process
Q: What is administrative due process?
The essence of due process in administrative
proceedings is the opportunity to explain one’s
side or seek a reconsideration of the action or
ruling complained of. As long as the parties are
given the opportunity to be heard before
judgment is rendered, the demands of due
process are sufficiently met. What is offensive to
due process is the denial of the opportunity to be
heard. (Flores v. Montemayor, G.R. No. 170146,
2011) A respondent in an administrative case is
not entitled to be informed of the preliminary
findings and recommendations; he is entitled only
to a reasonable opportunity to be heard, and to
the administrative decision based on substantial
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evidence. (Valasquez v. CA, G.R. No. 150732,
2004)
Q: What are the rights of persons in
administrative proceedings.? (HIP DESK)
1. The RIGHT TO A HEARING, which includes
the right to present one’s case and submit
evidence in support thereof.
2. The tribunal or body or any of its judges must
act on its or his own INDEPENDENT
CONSIDERATION of the law and facts of the
controversy, and not simply accept the views
of a subordinate in arriving at a decision.
3. The decision must be based on the
EVIDENCE PRESENTED at the hearing or at
least contained in the record and disclosed to
the parties affected.
4. The DECISION must have something to
support itself.
5. The tribunal must CONSIDER THE
EVIDENCE presented.
6. Evidence supporting the conclusion must be
SUBSTANTIAL.
7. The board or body should, in all controversial
questions, render its decision in such a
manner that the parties to the proceeding can
KNOW the various ISSUES involved and the
REASONS for the decision rendered. (Ang
Tibay v. CIR, G.R. No. L-46496, 1940)
b. Administrative appeal and review
Q: How do you appeal Adminstrative Actions?
Appeal may be taken from the final decision of the
Agency to the Department Head within 15 days
after the receipt of the copy of the decision. The
appeal’s effect shall stay the decision appealed
unless the appellate agency provides otherwise.
c.
Administrative res judicata
Q: Give an example of the application of
administrative res judicata.
The principle of res judicata is applicable in labor
relations proceedings which are “non-litigious
and summary in nature without regard to legal
technicalities obtaining in courts of law.” (Rules
and Regulations Implementing the Labor Code,
Sec. 5, Rule XIII, Book V) That in which the
statute makes or attempts to make a court a part
of the administrative scheme by providing in
terms or effect that the court, on review of the
action of an administrative agency.
Q: When is res judicata not applicable?
It is not applicable in:
1.
2.
Citizenship cases (Zita Ngo Burca v.
Republic, G.R. No. 122226, 1998 & United
Pepsi Cola v. Laguesma, G.R. No. L-24252,
1973)
When WCC Referee awards the employee
less than what the law provides (BF Goodrich
v. WCC, G.R. No. L-42319,1978)
3. FACT
FINDING,
INVESTIGATIVE,
LICENSING AND RATE-FIXING POWERS
Q: What are the requisites for penal laws to be
valid? (PFPO)
1. The law which authorizes the promulgation of
rules and regulations must itself provide for
the imposition of a penalty for their violation;
2. The law must fix or define such penalty;
3. The violation for which the rules and
regulations impose a penalty must be
punishable under the law itself; and
4. The rules and regulations must be published
in the Official Gazette or newspaper of general
circulation and archived at the UP Law Center.
Q: Must all rules and regulations be filed with
the UP Law Center?
No. Not all rules and regulations adopted by
every government agency are to be filed with the
UP Law Center. Only those of general or of
permanent character are to be filed. Internal rules
which are meant to regulate the personnel of the
GSIS are not subject to this rule. (Board of
Trustees v. Velasco, G.R. No. 17046, 2011)
Q: What is investigatory power?
Investigatory power is the power to inspect,
secure, or require the disclosure of information by
means of accounts, records, reports, statements
and testimony of witnesses. This power is implied
and not inherent in administrative agencies. (Sec
of Justice v. Lantion, G.R. No. 139465, 2000).
D. JUDICIAL RECOURSE AND REVIEW
1. DOCTRINE OF PRIMARY
ADMINISTRATIVE JURISDICTION
2. DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
3. DOCTRINE OF FINALITY OF
ADMINISTRATIVE ACTION
Q: What is the doctrine of primary
administrative jurisdiction?
1. Courts cannot determine a controversy,
which requires the expertise, specialized
skills and knowledge of the proper
administrative bodies because technical
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2.
matters of intricate questions of fact are
involved.
Relief must first be obtained in an
administrative proceeding before a remedy
will be supplied by the court, even if the
matter is within the jurisdiction of a court.
(Republic of the Philippines v. Martinez, G.R.
No. 158253, 2007).
Q: When is the doctrine of primary
administrative jurisdiction not applicable?
1. Congress does not intend that the issues be
left solely to the administrative agency for
initial determination;
2. When issues involve questions of law; and
3. When courts and administrative agencies
have concurrent jurisdiction. (Republic of the
Philippines v. Martinez, G.R. No. 158253,
2007).
Q: What is the doctrine of exhaustion of
administrative remedies?
It is the general rule that an administrative
' decision must first be appealed to the
administrative superiors up to the highest level
before it may be elevated to a court of justice for
review. It is a condition precedent that must be
complied with. (Sps. Sadang v. CA, G.R. No.
140138, 2006).
Q: When is the doctrine of exhaustion of
administrative remedies not applicable?
(DARNN JP LICD DRIED LPS Quo)
1. If it should appear that an IRREPARABLE
DAMAGE will be suffered by a party unless
resort to the court is immediately made.
2. When the respondent is the ALTER EGO of
the President
3. When no administrative REVIEW is provided
as a condition precedent for court action
4. Where insistence on its observance would
result in the NULLIFICATION of the claim
asserted
5. When there was NO DECISION rendered
6. When there are special circumstances
demanding
immediate
JUDICIAL
INTERVENTION
7. When the administrative remedy is
PERMISSIVE or concurrent
8. When the question raised is ESSENTIALLY
AND PURELY LEGAL
9. When strong PUBLIC INTEREST is involved
10. Where
the
issue
raised
is
the
CONSTITUTIONALITY of the statute, rule or
regulation
11. Where it is a civil action for DAMAGES
12. Where the officer acted in utter DISREGARD
OF DUE PROCESS
13. When there is NO OTHER plain, speedy,
adequate REMEDY
14. When act complained of is PATENTLY
ILLEGAL
15. When the administrative body or the person
invoking the doctrine is in ESTOPPEL
16. When
there
is
long-continued
and
UNREASONABLE DELAY
17. When the subject of controversy is PRIVATE
LAND
18. When
the
controversy
involves
POSSESSORY ACTION involving public
lands
19. When the claim involved is SMALL so that to
require exhaustion would be oppressive and
unreasonable
20. In QUO WARRANTO proceedings
Q: Jax Liner applied for a public utility bus
service from Bacolod to Dumaguete from the
Land
Transportation
Franchising
and
Regulatory Board (LTFRB). BB Express
opposed. LTFRB ruled in favor of Jax. BB
appealed to the Secretary of the Department
of Transportation
and Communication
(DOTC), who reversed the LTFRB decision.
Jax appealed to the Office of the President
which reinstated the LTFRB’s ruling. BB
Express went to the Court of Appeals on
certiorari questioning the decision of the
Office of the President on the ground that
Office of the President has no jurisdiction
over the case in the absence of any law
providing an appeal from DOTC to the Office
of the President. Will the petition prosper?
No, the action of the DOTC Secretary bears only
the implied approval of the President who is not
precluded from reviewing the decision of the
former. (Land Car Inc. v. Bachelor Express, G.R.
No. 154377, 2003).
Q: What is the doctrine of finality of
administrative action?
It provides that courts are reluctant to interfere
with actions of an administrative agency prior to
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. (Mendiola v. CSC, G.R. No.
100671, 1993).
Q: When is the doctrine of finality of
administrative action not applicable? (SPA
DIVE)
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1.
1.
2.
3.
4.
5.
6.
To grant relief to preserve STATUS QUO
pending further action by the administrative
agency;
Essential to the PROTECTION OF RIGHTS
asserted;
When ALLOWED by law;
When the order is NOT REVIEWABLE and
the complainant will suffer great and obvious
DAMAGE if the order is carried out;
An INTERLOCUTORY ORDER affecting the
merits of a controversy;
An administrative officers acts in VIOLATION
of constitution and other laws and
To an order made in EXCESS of power,
contrary to specific prohibitions in the statute.
Q: What is the doctrine of ripeness for
review?
The same as that of exhaustion of administrative
remedies, except that it applies to the rule making
and to administrative action which is embodied
neither in rules or regulations nor in adjudication
or final order.
Q: How should the court view administrative
findings?
Factual findings made by quasi-judicial bodies
and administrative agencies when supported by
substantial evidence are accorded great respect
and even finality by the appellate courts. This is
because administrative agencies possess
specialized knowledge and expertise in their
respective fields. As such, their findings of fact are
binding upon the Court unless there is a showing
of grave abuse of discretion, or where it is clearly
shown that they were arrived at arbitrarily or in
disregard of the evidence on record. (Japson v.
Civil Service Commission (G.R. No. 189479,
2011) *12
ELECTION LAW
A. SUFFRAGE
B. QUALIFICATION AND
DISQUALIFICATION OF VOTERS
Q: What are the required qualifications for
voters?
1. Be a Filipino citizen
2. At least 18 years of age
3. Has resided in the Philippines for at least 1
year
4. Has resided in the place where they propose
to vote for at least 6 months immediately
preceding election
5. Free from disqualifications
No literacy, property, or other substantive
requirements shall be imposed on the exercise of
suffrage. (Phil const, art. V, § 1)
Q: Can the COMELEC authorize the citizens
arm to use election returns for unofficial
count?
YES. It may authorize the citizen’s arm to use
election returns for unofficial count. (COMELEC
Resolution 8786)
Q: What are the grounds for disqualification
to vote? (FDI)
1. Sentenced by FINAL JUDGMENT to suffer
IMPRISONMENT NOT LESS THAN 1 YEAR
2. Adjudged by final judgment by a competent
court of having committed any crime
involving DISLOYALTY to the duly
constituted government (e.g. rebellion or
crimes against national security)
For (1) and (2):
• Disqualification may be removed by
plenary pardon or amnesty
• Reacquire the right to vote upon
expiration of 5 years after service of
sentence
3. INSANE or INCOMPETENT persons as
declared by competent authority
C. REGISTRATION OF VOTERS
Q: is registration to the biometrics system an
additional requirement before a person can
exercise his or her right to suffrage?
No. The biometrics registration requirement is not
a "qualification" to the exercise of the right of
suffrage, but a mere aspect of the registration
procedure, of which the State has the right to
reasonably regulate. Unless it is shown that a
registration requirement rises to the level of a
literacy,
property
or
other
substantive
requirement as contemplated by the Framers of
the Constitution - that is, one which propagates a
socio-economic standard which is bereft of any
rational basis to a person’s ability to intelligently
CGSt h)S VGtS Smu to further ths pUuliC QOOu - Li 10
same cannot be struck down as unconstitutional.
The assailed biometrics registration regulation on
the right to suffrage was sufficiently justified as it
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was indeed narrowly tailored to achieve the
compelling state interest of establishing a clean,
complete, permanent and updated list of voters,
and was demonstrably the least restrictive means
in promoting that interest. (Kabataan Partylist vs.
COMELEC, G.R. No. 221318, 2015)
Q: How does one change domicile for
purposes of voting?
To successfully effect a transfer of domicile, one
must demonstrate: (1) an actual removal or
change of domicile; (2) a bona fide intention of
abandoning the former place of residence and
establishing a new one; and (3) acts which
correspond with that purpose. There must be
animus manendi coupled with animus non
revertendi. (Asistio v. Canlas, G.R. No. 191124,
2010)
D. INCLUSION AND EXCLUSION
PROCEEDINGS
Q: What are inclusion proceedings?
Inclusion proceedings are proceedings which
may be filed any time EXCEPT during 105 days
before regular elections or 75 days before special
elections for any of the followings grounds:
1. Application for registration has been
disapproved by the board
2. Name has been stricken out (Sec. 34, R.A.
No. 8189)
Q: What are Exclusion proceedings?
Exclusion
proceedings
are
proceedings,
requiring a sworn petition, which may be filed any
time EXCEPT during 100 days before regular
elections or 65 days before special elections, on
any of the following grounds:
1. Not qualified or has DQ
2. Flying voters
3. Ghost voters (Sec. 35, R.A. No. 8189)
Q: What is a leadership issue?
A leadership issue within a political party is one
that the COMELEC had to settle. However, the
expulsion of a member is purely a membership
issue that had to be settled within the party. It is
an internal party matter over which the
COMELEC has no jurisdiction. The COMELEC’s
jurisdiction over intra-party disputes is limited. It
does not have blanket authority to resolve any
and all controversies involving political parties.
Political parties are generally free to conduct their
activities without interference from the state. The
COMELEC may intervene in disputes internal to
a party only when necessary to the discharge of
its constitutional
functions.
(Atienza
COMELEC, G.R. No. 188920, 2010)
v.
E. POLITICAL PARTIES
1. JURISDICTION OF THE COMELEC OVER
POLITICAL PARTIES
2. REGISTRATION
Q: What are political parties?
Political parties are organized groups of persons
pursuing the same ideology, political ideas or
platforms of government including its branches
and divisions. (Sec. 60, Omnibus Election Code)
Q: What organizations or parties cannot
register as political parties in this
jurisdiction?
1. Religious sects
2. Those which seek to achieve their goals
through unlawful means
3. Those which refuse to adhere to the
Constitution
4. Those which are supported by any foreign
government. (Phil const, art. IX-C, §2(5))
Q: What are the qualifications of a party-list
nominee?
1. A natural-born citizen of the Philippines
2. A registered voter
3. A resident of the Philippines for a period of not
less than 1 year immediately preceding the
election day
4. Able to read and write
5. A bona fide member of the party he seeks to
represent for at least 90 days preceding
election day
6. At least 25 years of age on election day. (Sec.
9, R.A. No. 7941)
Q: Which organizations are disqualified from
registering as party-list organizations? (F2V2R
COPS)
1. Foreign party or organization
2. Receives Foreign support
3. Advocates Violence
4. Violates election laws
5. Religious sect, denomination, organization
6. Ceased to exist for at least 1 year
7. Failed to Obtain at least 2% of the votes cast
under the party-list system in the 2 preceding
elections
8. Failed to Participate in the last 2 preceding
elections
9. Untruthful Statements in its petition (Sec. 6,
R.A. No. 7941)
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Q: Rudy Domingo, 38 years old, natural-born
Filipino and a resident of the Philippines since
birth, is a Manila-based entrepreneur who
runs KABAKA, a coalition of peoples’
organizations from fisherfolk communities.
KABAKA’s
operations
consists
of
empowering fisherfolk leaders through
livelihood projects and trainings on good
governance. The Dutch Foundation on Good
initiatives, a private organization registered in
the Netherlands, receives a huge subsidy
from the Dutch Foreign Ministry, which, in
turn is allocated worldwide to the
Foundation’s partners like KABAKA. Rudy
seeks to register KABAKA as a party-list with
himself as nominee of the coalition: Will
KABAKA and Rudy be qualified as a party-list
and a nominee, respectively?
KABAKA and Rudy are not qualified as a party list
and as nominee, since KABAKA is receiving a
subsidy from the Dutch Foreign Ministry. Under
Section 2(5), Article IX-C of the Constitution, a
political party which is supported by any foreign
government cannot be registered with the
COMELEC. (Phil. Const, art. !X-C, §2(5))
Q: Explain the formula for allocating seats for
party-list representatives.
The 20% allocation - the combined number of all
party-list representatives shall not exceed 20% of
the total membership of the House of
Representatives, including those elected under
the party list;
The 2% threshold - only those parties garnering a
minimum of 2% of the total valid votes cast for the
party-list system are "qualified" to have a
guaranteed seat in the House of Representatives.
As such, this 2% threshold is only important in
determining which parties have guaranteed seats
for the first round of distributing the available
seats;
The three-seat limit - each qualified party,
regardless of the number of votes it actually
obtained, is entitled to a maximum of three seats;
that is, one "qualifying" and two additional seats;
and
Q: For each of these rules, state the
constitutional or legal basis, if any, and the
purpose.
For the 20% allocation: the party-list
representatives should not exceed 20% of the
total
membership
of
the
House of
Representatives, because this is the maximum
number of party-list representatives provided in
Sec. 5(3), Art. VI of the 1987 Constitution.
(Veterans Federation Party v. COMELEC, G.R.
No. 136781, 2000)
For the three-seat limit rule: under Sec. 11(b) of
RA No. 7941, a party-list shall be entitled to a
maximum of three seats in the House of
Representatives regardless of the votes they
receive during elections. The limit is imposed so
that no single group will dominate the party-list
seats. (Veterans Federation Party v. COMELEC,
G.R. No. 136781, 2000)
For the 2% threshold, the Court in the case of
BANAT v. COMELEC, struck this down in relation
to the distribution of the additional seats as found
in Sec. 11(b) of R.A. No. 7941. Thus, the 2% is
only important in determining which parties have
guaranteed seats (in the first round). In
distributing the additional seats (in the second
round), even parties which did not obtain at least
2% of the votes cast may be entitled to seats in
the House of Representatives. For the distribution
of the additional seats, the basis is proportional
representation.
In computing the additional seats, the guaranteed
seats shall no longer be included because they
have already been allocated, at one seat each, to
every “two-percenter.”
Thus, the remaining
available seats for allocation as “additional seats”
are the maximum seats reserved under the Party
List System less the guaranteed seats.
Fractional seats are disregarded in the absence
of a provision in R.A. No. 7941 allowing for a
rounding off of fractional seats. (BANAT v.
COMELEC, G.R. No. 179271, 2009)
Given these rules, the procedure in allocating
party-list seats in the House of Representatives is
as follows:
1. Rank all party-lists according to votes
received;
2. Determine the 2% qualifiers;
3. Determine the additional seats by deducting
the number of guaranteed seats (2%
qualifiers) from the maximum allowed seats
ex. 55 (220 x 20%) - 17 (17 2% qualifiers in
this case) = 38 seats left;
4. Divide the number of votes received by all
parties (2% qualifiers and non-qualifiers) by
the total number of votes cast;
5. Distribute the additional seats (rounded down)
in accordance to the ranking. (BANAT v.
COMELEC, G.R. No. 179271, 2009)
Q: May a nominee of a sectoral party who
changes his sectoral affiliation within the
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same party be eligible for nomination under
the new sectoral affiliation?
It depends. Section 15 of RA 7941 provides that
a nominee of a sectoral party who changes his
sectoral affiliation within the same party is not
eligible for nomination under the new sectoral
affiliation, unless such change occurred at least
six months before the elections. Section 15
clearly covers changes in both political party and
sectoral affiliation within the same party. (Amores
v. HRET, G.R. No. 189600, 2010)
then moved to dismiss the charge against him
based on this supervening event. Should the
motion be granted?
No. Election is not a mode of condoning an
administrative offense, and there is simply no
constitutional or statutory basis in our jurisdiction
to support the notion that an official elected for a
different term is fully absolved of any
administrative liability arising from an offense
done during a prior term. (Carpio-Morales v.
Binay, G.R. No. 217126-27, 2015)
Q: Is moral disapproval a ground to justify
exclusion from the party-list system?
Q: When is there false and material
misrepresentation?
There is false and material misrepresentation in a
certificate
of
candidacy
when
the
misrepresentation is:
1. FALSE
2. MATERIAL (goes into one’s qualifications)
3. DELIBERATE and there is an intention to
defraud the electorate.
(Tecson v.
COMELEC, G.R. No. 161434, 2004)
No. Moral disapproval is not a sufficient
governmental interest to justify exclusion of
homosexuals from participation in the party-list
system. (Ang Ladlad LGBT Party v. COMELEC,
G.R. No. 190582, 2010)
F. CANDIDACY
1. QUALIFICATIONS OF CANDIDATES
2, FILING OF CANDIDACY
Q: What are the grounds for disqualification
of candidates? (LFFD-NEDS)
1. Lacking qualifications
2. Filing a COC for more than 1 office
3. False and material representation in the COC
4. Disqualifications under the LGC
5. Nuisance candidate
6. Election offenses enumerated under Sec. 68
of the Omnibus Election Code
7. Declared insane or incompetent by competent
authority
8. Sentenced by final judgment for subversion,
insurrection, rebellion or an offense which he
has been sentenced to a penalty of more than
18 months, or a crime involving moral
turpitude, unless given plenary pardon/
amnesty
Q: Why is Erap Estrada allowed to be a
candidate in the elections?
Former President Estrada was granted an
absolute pardon that fully restored all his civil and
political rights, which naturally includes the right
to seek public elective office. The wording of the
pardon extended to him is complete,
unambiguous, and unqualified. (Risos-Vidal v.
COMELEC and Estrada, G.R. No. 206666, 2015)
Q: Governor Paloma was administratively
charged with abuse of authority before the
Office of the President. Pending hearing, he
ran for reelection and won a second term. He
Q: When is there no false and material
misrepresentation?
1. When a candidate uses the name of her long­
time live-in partner OR states a false
profession (Salcedo v. COMELEC, G.R. No.
135886, 1999)
2. When the candidate is actually qualified even
if the entries in the COC as filled up by the
candidate will show that he is not (RomualdezMarcos v. COMELEC, G.R. No. 119976,
1995)
3. When the candidate, supported by a
preponderance of evidence, believed that he
was qualified since there was no intention to
deceive the electorate as to one’s
qualifications for public office (Tecson v.
COMELEC, G.R. No. 161434, 2004)
Q: What is the duty of COMELEC in cases
involving
false
and
material
misrepresentation?
The COMELEC must determine whether or not
the candidate deliberately attempted to mislead,
misinform or hide a fact about his or her residency
that would otherwise render him or her ineligible
for the position sought. The COMELEC gravely
abused its discretion in this case when, in
considering the residency issue, it based its
decision solely on very personal and subjective
assessment standards, such as the nature or
design and furnishings of the dwelling place in
relation to the stature of the candidate. (Mitra v.
COMELEC, G.R. No. 191938, 2010)
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Q: Who are covered by the ban on partisan
political activity?
The ban against partisan political activity is
addressed to appointive and NOT elective public
officials. (Quintov. COMELEC, G.R. No. 189698,
2010)
Q: Person A was declared winner in the
elections for mayor. Person B, the 2nd placer,
filed a petition to disqualify, contending
Person A wasn’t a Filipino citizen. The
Supreme Court declared Person A as not a
Filipino Citizen. Can Person B be proclaimed
as winner in the election?
Yes. When a person who is not qualified is voted
for and eventually garners the highest number of
votes, even the will of the electorate expressed
through the ballot cannot cure the defect in the
qualifications of the candidate. To rule otherwise
is to trample upon and rent asunder the very law
that sets forth the qualifications
and
disqualifications of candidates. When there are
participants who turn out to be ineligible, their
victory is voided and the laurel is awarded to the
next in rank who does not possess any of the
disqualifications nor lacks any of the
qualifications set in the rules to be eligible as
candidates. Knowledge by the electorate of a
candidate’s disqualification is not necessary
before a qualified candidate who placed second
to a disqualified one can be proclaimed as the
winner (Maquiling v. Commission on Elections,
G.R. No. 195649, 2013).
there is no premature campaigning yet. (Penera
v. COMELEC, G.R. No. 181613, 2009)
H. BOARD OF ELECTION INSPECTORS
AND BOARD OF CANVASSERS
I. COMPOSITION
2. POWERS
I. REMEDIES AND JURISDICTION IN
ELECTION LAW
1. PETITION NOT TO GIVE DUE COURSE TO
CANCEL A CERTIFICATE OF CANDIDACY
2. PETITION FOR DISQUALIFICATION
3. PETITION TO DECLARE FAILURE OF
ELECTIONS
4. PRE-PROCLAMATION CONTROVERSY
5. ELECTION PROTEST
6. QUO WARRANTO
Q: Who may initiate a petition to deny due
course or petition for disqualification?
COMELEC may MOTU PROPIO or upon
VERIFIED PETITION of any interested party
refuse to give due course or cancel a CoC when:
1. The CoC has been filed to put the election
process in mockery or disrepute
2. Causes confusion among the voters by the
similarity of the names of the registered
candidates
3. Other
circumstances
which
clearly
demonstrate that the candidate has no bona
fide intention to run for the office. (Sec. 69,
Omnibus Election Code)
Q: Differentiate petition for disqualification
and petition to deny due course/to cancel
certificate of candidacy.
G.
1.
2.
3.
CAMPAIGN
PREMATURE CAMPAIGNING
PROHIBITED CONTRIBUTIONS
LAWFUL AND PROHIBITED ELECTION
PROPAGANDA
4. LIMITATIONS ON EXPENSES
5. STATEMENT OF CONTRIBUTION AND
EXPENSES
Q: What acts are to be considered as
premature campaigning?
A candidate is liable for an election offense only
for acts done during the campaign period, not
before. The act of engaging in an election
campaign or partisan political activity to “promote
the election or defeat of a particular candidate or
candidates" before the start of the campaign
period, is what was commonly known as
premature campaigning. Because premature
campaigning requires the existence of a
“candidate” and because there is no “candidate”
to speak of until the start of the campaign period.
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Petition for
Disqualification
Petition to Deny
Due Course/to
Cancel Certificate
d!da
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A person who is
disqualified
under
Section 68 is merely
prohibited to continue
as a candidate.
Thus, a candidate
who is disqualified
under Section 68 can
validly be substituted
under Section 77 of
the OEC because
he/she remains a
candidate
until
disqualified.
Sec. 12, 68, OEC
Sec. 40, LGC
A petition to deny due
course or cancel
certificate
of
candidacy
is
grounded
on
a
statement
of
a
material
representation in the
said certificate that is
false.
The person whose
certificate
is
cancelled or denied
due course fe not
treated
as
a
candidate at all, as if
he/she never filed a
CoC. A person whose
CoC has been denied
due
course
or
cancelled
under
Section 78 cannot be
substituted because
he/she
is
never
considered
a
candidate
accredited political party dies, withdraws or is
disqualified for any cause, only a person
belonging to, and certified by, the same political
party may file a certificate of candidacy to replace
the candidate who dies, withdrew or was
disqualified.”
Q: If the action/s instituted should be
dismissed with finality before the election,
and Gabriel assumes office after being
proclaimed the winner in the election, can the
issue of his candidacy and/or citizenship and
residence still be questioned? If so, what
action or actions may be filed and where? If
not, why not?
The question of the candidacy and residence of
Gabriel can be questioned in the House of
Representatives Electoral Tribunal by filing a quo
warranto case. Since it is within its jurisdiction to
decide the question of the qualification of Gabriel,
the decision of the COMELEC does not constitute
res judicata. (Jalandoni v. Crespo, HRET Case
No. 01-020, 2003) Once a candidate for member
of the House of Representatives has been
proclaimed, the House of Representatives
Electoral Tribunal acquires jurisdiction over the
lection contest relating to his qualifications.
(Guerrero v. COMELEC, G.R. No. 137004, 2000)
Sec. 78, OEC
Q: Despite lingering questions about his
Filipino citizenship and his one-year
residency in the district, Gabriel filed his
certificate of candidacy for congressman
before the deadline set by law. His opponent,
Vito, hires you as lawyer to contest Gabriel’s
candidacy. Before election day, what action or
actions will you institute against Gabriel, and
before which court, commission or tribunal
will you file such action/s?
I will file a petition to cancel the certificate of
candidacy of Gabriel in the COMELEC because
of the false material misrepresentation that he is
qualified to run for congressman. ("Sec. 78, OEC;
Fermin v. COEMELEC, G.R. No. 179695, 2008).
Q: Differentiate petition to deny due
course/cancel CoC and petition for quo
warranto.
Petition to Deny Due
Course/Cancel
Certificate of
Candidacy
Initiated
elections
Petition for Quo
Warranto
before Initiated
elections
after
Misrepresentation in (1) Ineligibility; or
the
Certificate
of (2) Disloyalty to the
Candidacy (Sec. 78,
Republic of the
OEC)
Philippines
Q: If, during the pendency of such action/s but
before election day, Gabriel withdraws his
certificate of candidacy, can he be substituted
as candidate? If so, by whom and why? If not,
why not?
If Gabriel withdraws, he may be substituted by a
candidate nominated by his political party.
Section 77 of the Omnibus Election Code states:
“If after the last day for filing of certificates of
candidacy, an official candidate of a registered or
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The petition must be
initiated within ten
days
after
the
proclamation of the
election results.
A
candidate is ineligible
if he is disqualified to
be elected to office,
and he is disqualified if
he lacks any of the
qualifications
for
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elective office. (Sec.
253, Omnibus Election
Code)
Q: Hans Roger filed his certificate of
candidacy but withdrew the same. He was
substituted by Joy Luna but the COMELEC
denied due course to her certificate on the
ground that Hans, being under age, could not
have filed a valid certificate of candidacy.
There was, however, no petition to deny Hans’
certificate of candidacy. Did the COMELEC
act correctly? Why or why not?
No. The COMELEC acted with grave abuse of
discretion amounting to lack or excess of
jurisdiction in declaring that Hans Roger, being
under age, could not be considered to have filed
a valid certificate of candidacy and, thus, could
not be validly substituted by Luna. The
COMELEC may not, by itself, without the proper
proceedings, deny due course to or cancel a
certificate of candidacv filed in due form.
(Cipriano v. COMELEC, G.R. No. 158830, 2004)
The question of eligibility or ineligibility of a
candidate for non-age is beyond the usual and
proper cognizance of the COMELEC. (Sanchez
v. Del Rosario, G.R. No. L-16878, 1961)
If Hans Roger made a material misrepresentation
as to his date of birth or age in his certificate of
candidacy, his eligibility may only be impugned
through a verified petition to deny due course to
or cancel such certificate of candidacy under
Section 78 of the Election Code.
In this case, there was no petition to deny due
court to or cancel the certificate of candidacy of
Hans Roger. The COMELEC only declared that
Hans Roger did not file a valid certificate of
candidacy. In effect, the COMELEC, without the
proper proceedings, cancelled Hans Roger’s
certificate of candidacy and declared the
substitution of Luna invalid. (Luna v. COMELEC,
G.R. No. 165983, 2007)
Q: Is the decision of the COMELEC in a
proceeding for disqualification final?
No. A COMELEC resolution declaring a
candidate disqualified for the said position is not
yet final if a motion for reconsideration has been
h ^ ^ iw
it m c iy
a
*
u tc u . r \i m a t p w ii ii,
16
Still reifidiiiis Ljlicilifieu
and his proclamation thereafter is vaiid. As a
result, COMELEC's jurisdiction to contest his
citizenship ends, and the HRET's own jurisdiction
begins. (Gonzales v. COMELEC, G.R. No.
192856, 2011)
Q: What is the proper procedure to be
resorted to in case of a tie?
FOR PRESIDENT OR VICE PRESIDENT: A tie
among two or more candidates for President or
Vice President shall be broken by majority vote of
both houses of Congress voting separately (Sec.
4, Art. VII of 1987 Constitution).
FOR OTHER POSITIONS: In the case of other
positions, the tie shall be broken by the drawing
of lots (Sec. 240, Omnibus Election Code;
Tugade vs. COMELEC, G.R. No. 171063, 2007)
Q: When is there failure of elections?
There is a failure to elect when nobody can be
declared as a winner because the will of the
majority has been defiled and cannot be
ascertained.
Q: When may failure of elections be declared?
1. Election was suspended before the hour
fixed by law for the closing of the voting (5
P.M.)
2. Election in any polling place was not held on
the date fixed
3. election RESULTS in a failure to elect (after
the voting and during the preparation and
transmission of the election returns or in the
custody or canvass thereof) (Sison v.
COMELEC, G.R. No. 134096, 1999)
Q: When can elections be annulled?
1. Winner cannot be determined
2. Illegality must affect more than 50% of the
votes cast
3. Good votes cannot be distinguished from the
bad votes (Carlos v. Angeles, G.R. No.
142907, 2000)
Q: What is a pre-proclamation controversy?
Any question pertaining to or affecting the
proceedings of the Board of Canvassers which
may be raised by any candidate or registered
political party, or coalition. (Sec. 241, Omnibus
Election Code)
Q: What are grounds for pre-proclamation
controversies?
The grounds are:
1. Illegal composition or proceedings of the
board of canvassers
2. Irregularities in relation to the preparation,
transmission,
receipt,
custody,
and
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appreciation of election returns and
certificates of canvass.
3. Canvassed returns are incomplete, contain
material defects.
4. ERs prepared under duress, threats,
coercion,
intimidation,
obviously
manufactured.
5. Substitute
or
fraudulent
returns
in
controverted polling places are canvassed,
and the results materially affect the standing
of candidates (Sec. 243, Omnibus Election
Code)
Q: Are pre-proclamation cases allowed for
President, Vice President, Senator and
members of the House of Representatives?
As a general rule, pre-proclamation cases are
NOT allowed in elections for the President, Vice
President, Senator and members of the House of
Representatives. (Chavez v. COMELEC, G.R.
No. 162777, 2004; Cerbo v. COMELEC, G.R. No.
168411, 2007).
However, they are allowed when there are:
1. Manifest Errors in the ERs or CoCs. These
may be corrected motu propio or upon written
complaint of any interested person.
2. Questions affecting the composition or
proceedings of the board of canvassers,
which may be initiated in the board or directly
with the Commission in accordance with
Section 19, RA 7166.
Q: When are pre-proclamation cases deemed
terminated?
1. At the beginning of the term of the office
involved and the rulings of the BOC
concerned are deemed affirmed.
2. This is without prejudice to the filing of a
regular election protest by the aggrieved
party. (Sarmiento v. COMELEC, G.R. No.
105628, 1992)
Q: May the proceedings continue even if they
are deemed terminated?
1. COMELEC determines that the petition is
meritorious and issues an order for the
proceedings to continue
2. The SC issues an order for the proceedings
to continue in a petition for certiorari. (Sec.
16, R.A. No. 7166)
Q: Differentiate between pre-proclamation
controversy and election contests.
Pre-proclamation controversy involves those
before proclamation of candidate. Jurisdiction of
COMELEC is administrative or quasi-judicial.
(Macabago v. COMELEC, G.R. No. 152163,
2002)
For election contests, they are after proclamation
of candidate, and jurisdiction of COMELEC is
quasi-judicial. (Tecson v. COMELEC, G.R. No.
161434, 2004)
Q: Where do you bring matters regarding the
preparation, transmission, receipt, custody,
and appreciation of election returns?
Matters regarding the preparation, transmission,
receipt, custody, and appreciation of election
returns shall be brought, in the first instance,
before the boards of canvassers, not the
COMELEC. (Fernandez v. COMELEC, G.R. No.
171821, 2006)
Q: May the COMELEC go beyond the face of
the election return?
As a general rule, COMELEC cannot go beyond
the face of an election return, except when there
is prima facie showing that the ER is not genuine.
Example: when several entries have been
omitted. (Lee vs. COMELEC, G.R. No. 157004,
2003)
Q: The 1st Legislative District of South
Cotabato is composed of General Santos and
three municipalities including Polomolok.
During the canvassing proceedings before
the District Board of Canvassers in
connection with the 2007 congressional
election, candidate MP objected to the
certificate of canvass for Polomolok on the
ground that it was obviously manufactured,
submitting as evidence the affidavit of a
mayoralty candidate of Polomolok. The
certificate of canvass for General Santos was
likewise objected to by MP on the basis of the
confirmed report of the local NAMFREL that
10 election returns from non-existent
precincts were included in the certificate. MP
moved that the certificate of canvass for
General Santos be corrected to exclude the
result from the non-existent precincts. The
District Board of Canvassers denied both
objections and ruled to include the certificate
of canvass. May MP appeal the rulings to the
COMELEC? Explain.
No, MP cannot appeal the rulings to the
COMELEC. Under Sec. 15 of RA 7166, no pre­
proclamation
controversies regarding
the
appreciation of election returns and certificates of
canvass may be entertained in elections for
members of the House of Representatives. The
canvassing body may correct manifest errors in
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the certificate of canvass. His recourse is to file a
regular election protest before the HRET.
(Pimentel v. COMELEC, G.R. No. 178413, 2008)
Q:
Who has jurisdiction over contests
involving the composition of the board or
proceedings before it?
Contests involving composition or proceedings of
the Board of canvassers, EXCEPT Congress,
may be initiated in the Board of Canvassers or
COMELEC. (Sec. 15 and 17, R.A. No. 7166)
Q:
Who has jurisdiction over contests
involving election returns?
Contests involving election returns should be
brought in the first instance before the board of
canvassers only. (Sec. 17, R.A. NO. 7166)
Q: What is the two-objection rule?
According to the two-objection rule, oral objection
and written objection must be submitted
simultaneously to the Board of Canvassers
chairperson before ERs have been canvassed.
There is substantial compliance even if the oral
objection is filed first, then the written objection
with evidence is submitted within 24 hours.
(Maraburv. COMELEC, G.R. No. 169513, 2007)
Q: Who may prosecute a candidate who
commits vote buying on Election Day itself?
A candidate who commits vote buying on Election
Day itself shall be prosecuted by the COMELEC.
(Nolasco v. COMELEC, G.R. No. 122250, 1997)
Q: The COMELEC en banc cannot hear and
decide a case at first instance. What is the
exception?
The exception is when the case involves a purely
administrative matter.
evidence. The only means to overcome the
presumption of legitimacy of the election returns
is to examine and determine first whether the
ballot boxes have been substantially preserved in
the manner mandated by law. Hence, the
necessity to issue the order of revision. (Toientino
v. COMELEC, G.R. No. 187958, April 7, 2010)
Q: What is the objective of an election
contest?
The objective of election contests is to dislodge
the winning candidate from office and determine
the true winner.
Q: What is the jurisdiction of COMELEC over
election contests?
• ORIGINAL Jurisdiction over contests relating
to elections, returns, and qualifications of all
elective:
1. Regional
2. Provincial
3. City officials
• APPELLATE Jurisdiction over contests
involving:
1.
Elective Municipal officials decided by
trial courts of GENERAL jurisdiction
2.
Elective Barangay officials decided by
trial courts of LIMITED jurisdiction
(Phil. Const, art. IX-C, §2(2))
a. COMELEC may issue extraordinary writs of
certiorari,
prohibition
and
mandamus
(Relampagos v. Cumba, G.R. No. 118861,
1995).
Q: What are the types of election contests?
There are two types of election contests:
1. Election protest; and
2. Quo Warranto.
Q: Differentiate between election protest and
quo warranto.
Q: What are the grounds for a recount?
1. There are material defects in the ERs
2. The ERs are tampered or falsified
3. There are discrepancies in the ERs
Election Protest
Q: What is the rule for recounts in regular
elections?
In regular election contests, the general averment
of fraud or irregularities in the counting of votes
justifies the examination of the ballots and
recounting of votes. This process of examination
is the revision of the ballots pursuant to Section
6, Rule 20 of the 1993 COMELEC Rules of
Procedure. The protests invoived herein assailed
the authenticity of the election returns and the
veracity of the counting of the ballots. In that
regard, the ballots themselves are the best
PAGE 78 <
Quo Warranto
Contest
between
a It is a proceeding to
winning candidate and a unseat an ineligible
defeated candidate
person from Office.
It is filed only by a It may be filed by any
candidate who has duly voter
filed a CoC to the same
office and has been
voted for.
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Grounds:
Grounds:
(1) Election Fraud
(1) Disloyalty
(2) Irregularities in
(2) Ineligibility
the casting and
counting
of
votes or in the
preparation
of
the ER
The protestee may be
unseated
and
the
protestant
may
be
installed into the office
vacated.
The respondent may
be unseated, but the
petitioner may or may
not be installed into the
office vacated.
Q: What are examples of irregularities to
constitute an election protest?
1. Misappreciation
2. Violence
3. Intimidation
4. No padlock
5. Padding of votes
Q: When is there abandonment of an election
protest?
A protestant who runs for another office is
deemed to have abandoned his protest. This is
especially true in a case where the protestant
pending the election protest, ran, won, assumed
the post and discharged the duties as such.
(Idulza vs. COMELEC, G.R. No. 160130, 2004)
Q: Abdul ran and won in the May 2001, 2004
and 2007 elections for Vice-Governor of TawiTawi. After being proclaimed Vice-Governor
in the 2004 elections, his opponent, Khalil,
filed an election protest before the
Commission on Election. Ruling with finality
on the protest, the COMELEC declared Khalil
as the duly elected Vice-Governor though the
decision was promulgated only in 2007, when
Abdul had fully served his 2004-2007 term and
was in fact already on his 2007-2010 term as
Vice Governor. Abdul now consults you if the
can still run for Vice-Governor of Tawi-Tawi in
the forthcoming May 2010 election on the
premise that he could not be considered as
having served as Vice-Governor from 20042007 because he was not duly elected to the
post, as he assumed office merely as a
presumptive winner and that presumption
was later overturned when COMELEC
decided with finality that had lost in the May
2004 elections. What will be your advice?
I shall advise Abdul that he cannot run for ViceGovernor of Tawi-tawi in the May 2010 elections.
His second term should be counted as a full term
served in contemplation of the three-term limit
prescribed by Sec. 8, Art. X of the Constitution.
Since the election protest against him was
decided after the term of the contested office has
expired, it had no practical and legal use and
value. (Ong v. Alegre, G.R. No. 163295, 2006)
Q: Abdul also consults you whether his
political party can validly nominate his wife as
susbtitute candidate for Vice-Mayor of TawiTawi in May 2010 elections in case the
COMELEC disqualifies him and denies due
course to or cancels his certificate of
candidacy in view of a false material
representation therein. What will be your
advice?
I shall advise Abdul that his wife cannot be
nominated as substitute candidate for ViceGovernor of Tawi-tawi. The denial of due course
to and cancellation of a certificate of candidacy is
not one of the cases in which a candidate may
validly be substituted. A cancelled certificate does
not give rise to a valid candidacy. Linder Sec. 77
of the Omnibus Election Code, a valid certificate
of candidacy is an indispensable requisite in case
of substitution of a disqualified candidate.
(Miranda v. Alegre, G.R. No. 136351, 1999)
Q: How should one view the actual ballots in
election contests?
Ballots are the best and most conclusive
evidence in an election contest where the
correctness of the number of votes of each
candidate is involved. But, election returns are
the best evidence when the ballots are lost,
destroyed, tampered with or fake. (Delos Reyes
v. COMELEC, G.R. No. 170070, 2007)
J. PROSECUTION OF ELECTION OFFENSES
Q: What is the task of COMELEC in the
prosecution of election offenses?
The task of the COMELEC as investigator and
prosecutor, acting upon any election offense
complaint, is not the physical searching and
gathering of proof in support of a complaint for an
alleged commission of an election offense. A
complainant has the burden, as it is his
responsibility, to follow through his accusation
and prove his complaint. (Kilosbayan v.
COMELEC, G.R No. 128054, 1997)
Under Article IX-A, Section 2(b) of the
Constitution, the COMELEC is empowered to
investigate and, when appropriate, prosecute
election offenses. Under Section 265 of the
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Omnibus Election Code, the COMELEC, through
its duly authorized legal officers, has the
exclusive power to conduct preliminary
investigation of all election offenses punishable
under the Omnibus Election Code, and to
prosecute the same. (COMELEC vs. Espahol,
G.R. No. 149164-73, 2003)
K. ELECTION AUTOMATION LAW
counting machine. It ensures that the candidates
selected by the voter in his or her ballot are the
candidates voted upon and recorded by the vote­
counting machine. The voter himself or herself
verifies the accuracy of the vote. In instances of
Random Manual Audit and election protests, the
VVPAT becomes the best source of raw data for
votes (Bagumbayan-VNP Movement, Inc. v.
COMELEC, G.R. No. 222731, March 8, 2016)
Q: What is the difference between a paperbased and direct record election system?
PAPER-BASED
ELECTION SYSTEM
A type of automated
election system that
uses paper ballots,
records and counts
votes, tabulates,
consolidates/canvass
es and transmits
electronically the
results of the vote
count
DIRECT RECORD
ELECTRONIC
ELECTION SYSTEM
A type of automated
election system that
uses electronic ballots
records votes by
means of a ballot
display provided with
mechanical or electrooptical components
that can be activated
by the voter,
processes data by
means of a computer
program, records
voting data and ballot
images, and transmits
voting results
electronically
Q: Which system must COMELEC use?
The Commission on Elections may use either a
paper-based or a direct recording electronic
election system as it may deem appropriate and
practical for the process of voting, counting of
votes
and
canvassing/consolidation
and
transmittal of results of electoral exercises. (R.A.
No. 9369)
Q: What is a random manual audit?
It is a random manual audit in one precinct per
congressional district randomly chosen by the
COMELEC in each province and city. Any
difference between the automated and manual
count will result in the determination of root cause
and initiate a manual count for those precincts
affected by the computer or procedural error.
(Sec. 29, RA 9369)
Q: What is a VVPAT?
The Voter Verification Paper Audit Trail (VVPAT)
functionality is in the form of a printed receipt and
a touch screen reflecting the votes in the vote-
LOCAL GOVERNMENT
F. PUBLIC CORPORATIONS
1. CONCEPT
a. Distinguished from government-owned
or controlled corporation
2. CLASSIFICATIONS
a. Quasi-corporations
b. Municipal corporations
G. MUNICIPAL CORPORATIONS
1. ELEMENTS
2. NATURE AND FUNCTIONS
Q: What is a municipal corporation by
estoppel?
A municipal corporation by estoppel is a
corporation which is so defectively formed as not
to be a de facto corporation but is considered a
corporation in relation to someone who dealt with
it and acquiesced in its exercise of its corporate
functions or entered into a contract with it.
3. REQUISITES FOR CREATION,
CONVERSION, DIVISION, MERGER, OR
DISSOLUTION
H. PRINCIPLES OF LOCAL AUTONOMY
I. POWERS OF LOCAL GOVERNMENT
UNITS (LGUS)
3. POLICE POWER (GENERAL WELFARE
CLAUSE)
Q: ABC operates an industrial waste
processing
plant within
Laoag
City.
Occasionally, whenever fluid substances are
released through a nearby creek, obnoxious
odor is emitted causing dizziness among
residents in Baranggay La Paz. On complaint
of the Punong Baranggay, the City Mayor
wrote ABC demanding that it abate the
nu isan ce. This w as ignored. An invitation to
attend a hearing called by the Sangguniang
Panglungsod was also declined by the
President of ABC. The city government
thereupon issued a cease and desist order to
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stop operations of the plant, prompting ABC
to file a petition for injunction before the RTC,
arguing that the city government did not have
any power to abate the alleged nuisance.
Decide with reasons.
The city government has no power to stop the
operations of the plant. Since its operations is not
a nuisance per se, the city government cannot
abate it extrajudicially. A suit must be first filed in
court. (AC Enterprises, Inc. v. Frabelle Properties
Corporation, G.R. No. 166744, 2006)
Q: Can a Barangay Assembly exercise any
police power?
No, the Barangay Assembly cannot exercise any
police power. It can only recommend to the
Sangguniang Barangay the adoption of
measures for the welfare of the barangay and
decide on the adoption of an initiative (Republic
Act No, 7160, Sec. 398).
Sangguniang Panlalawigan disapproved it for
being arbitrary; and 3) the Municipality of
Santa has other and better lots for that
purpose.
1. The Municipality of Santa has the power to
expropriate. Section 19 of the LGC grants all
local government units the power of eminent
domain. However, Section 19 of the LGC
required an ordinance, not a resolution, for the
exercise of the power of eminent domain.
(Heirs of Saguitan v. City of Mandaluyong,
G.R. No. 135087, 2000)
2. The disapproval of Resolution No. 1 by the
Sangguniang Panlalawigan of llocos Sur on
the ground that there may be other lots
available in Santa is invalid, because it can
disapprove Resolution No. 1 solely on the
ground that it is beyond the power of the
Sangguniang Bayan of Santa. (Moday v. CA,
G.R. No. 107916, 1997)
4. EMINENT DOMAIN
Q: Is a valid and definite offer to buy a
property a prerequisite to expropriation
initiated by a local government?
Yes. Under Section 19 of the Local Government
Code of 1991, a valid and definite offer to buy a
property is a pre-requirement to expropriation
initiated by a local government (Republic Act No,
7160, Sec. 19).
Q: Can reclassification of land by a local
government unit be done through a
resolution?
No. Under the Section 2 of the Local Government
Code, the enactment of an ordinance is required
for land reclassification by an LGU (Republic Act
No, 7160, Sec. 2).'
Q: The Sangguniang Bayan of the
Municipality of Santa, llocos Sur passed
Resolution No. 1 authorizing its Mayor to
initiate a petition for the expropriation of a lot
owned by Christina as site for its municipal
sports center. This was approved by the
Mayor.
However,
the
Sangguniang
Panlalawigan of llocos Sur disapproved the
Resolution as there might still be other
available lots in Santa for a sports center.
Nonetheless, the Municipality of Santa,
through its Mayor, filed a complaint for
eminent domain. Christina opposed this on
the following grounds: 1) the Municipality of
Santa has no power to expropriate; 2)
Resolution No. 1 has been voided since the
3. If there are other lots that are better and more
appropriate for the municipal sports center,
the lot owned by Christina should not be
expropriated.
Its choice is arbitrary.
(Municipality of Meycauayan v. IAC, G.R. No.
72126, 1988)
5. TAXING POWER
6. CLOSURE AND OPENING OF ROADS
7. LEGISLATIVE POWER
(a) Requisites for valid ordinance
Q: The Sangguniang Panglungsod of Pasay
City passed an ordinance requiring all disco
pub owners to have all their hospitality girls
tested for AIDS virus. Both disco pub owners
and the hospitality girls assailed the validity
of the ordinance for being violative of their
constitutional rights to privacy and to freely
choose a calling or business. Is the ordinance
valid? Explain.
The ordinance is a valid exercise of police power.
The right to privacy yields to certain paramount
rights of the public and defers to the exercise of
police power. The ordinance is not prohibiting the
disco pub owners and the hospitality girls from
pursuing their calling or business but merely
regulating it. (Social Justice Society v. Dangerous
Drugs Board, G.R. No. 157870, 2008). The
ordinance is a valid exercise of police power,
because its purpose is to safeguard public health.
(Beltran v. Secretary of Health, G.R. No. 133640,
2005)
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Q: The Municipality of Bulalakaw of Leyte
passed an ordinance authorizing the
expropriation of two parcels of land situated
in the poblacion as the site of a freedom park,
and appropriating the funds needed therefor.
Upon review, the Sangguniang Panlalawigan
of Leyte disapproved the ordinance because
the municipality has an existing freedom park
which, though smaller in size, is still suitable
for the purpose, and to pursue expropriation
would be needless expenditure of the
people’s money. Is the disapproval of the
ordinance correct? Explain.
The disapproval of the ordinance is not correct.
Under Section 56 (c) of the LGC, the
Sangguniang Panlalawigan o f Leyte can declare
the ordinance invalid only if it is beyond the power
of the Sangguniang Bayan of Bulalakaw. In the
instant case, the ordinance is well within the
power of the Sangguninag Bayan. The
disapproval of the ordinance by the Sangguniang
Panlalawigan of Leyte was outside of its authority
having been done on a matter pertaining to the
wisdom of the ordinance. (Modayv. CA, G.R. No.
107916, 1997)
Q: Can a governors or mayors veto ordinance
and resolution? Can the sanggunian override
the veto?
Yes. The local chief executive, except the punong
barangay, shall have the power to veto any
ordinance of the sanggunian panlalawigan,
sangguniang panlungsod, or sanggunian bayan
on the ground that it is ultra vires or prejudicial to
the public welfare, stating his reasons therefor in
writing. The local chief executive may veto an
ordinance or resolution only once. The
sanggunian may override the veto of the local
chief executive concerned by 2/3 vote of all its
members, thereby making the ordinance effective
even without the approval of the local chief
executive concerned. (Sec. 55, 1991 Local
Government Code)
Q: A municipality passed an ordinance
penalizing any person or entity engaged in the
business of selling tickets to movies or other
public exhibitions, games or performances
which would charge children between 7 and
12 years old the full price of admission tickets
instead of only one-half of the amount thereof,
is the ordinance a vaiid exercise of legislative
power by the municipality? Why?
The ordinance is void because it is unreasonable.
It deprives the sellers of the tickets of their
property without due process. A ticket is a
property right and may be sold for such price as
the owner of it can obtain. There is nothing
malicious in changing children the same price as
adults. (Balacuitv. CF! of Agusan del Norte, G.R.
No. L-38429, 1988)
Q: Can the Liga ng mga Barangay exercise
legislative powers?
The Liga ng mga Barangay cannot exercise
legislative powers. It is not a local government
unit and its primary purpose is to determine
representation of the liga in the sanggunians, to
ventilate, articulate and crystallize issues
affecting barangay government administration,
and to secure solutions for them through proper
and legal means. (Onon v. Fernandez, G.R. No.
139813, 2001)
(a) Local initiative and referendum
Q: MADAKO is a municipality composed of 80
barangays, 30 in the west of Madako River
and 50 in the east thereof. The 30 western
barangays feeling left out of economic
initiatives wish to constitute themselves into
a new and separate town to be called Masigla.
1} Granting that Masigla’s proponents
succeed to secure a law in their favor, would
a plebiscite be necessary or not? If it is
necessary, who should vote or participate in
the plebiscite? Discuss.
2) Suppose that one year after Masigla was
constituted as a municipality, the law creating
it is voided because of defects. Would that
invalidate the acts of the municipality and/or
its municipal officers? Explain.
1. A plebiscite is necessary, because this is
required for the creation of a new municipality.
(Phil. Const., art. X, § 10) The voters of both
Madako and Masigla should participate in the
plebiscite, because both are directly affected
by the creation of Masigla. The territory of
Madako will be reduced. (Tan v. COMELEC,
G.R. No. 103328, 1992)
2. Although the municipality cannot be
considered as a de facto corporation, because
there is no valid law under which it was
created, the acts of the municipality and of its
officers will not be invalidated, because the
existence of the law creating it is an operative
fact before it was deciared unconstitutional.
Hence, the previous acts of the municipality
and its officers shouid be given effect as a
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matter of fairness and justice. (Municipality of
Malabangv. Benito, G.R. No. L-28113, 1969)
6. CORPORATE POWERS
(a) To sue and be sued
Q: The Municipality of Pinatukdao is sued for
damages arising from injuries sustained by a
pedestrian who was hit by a glass pane that
fell from a dilapidated window frame of the
municipal hall. The municipality files a motion
to dismiss the complaint, invoking state
immunity from suit. Resolve the motion with
reasons.
The motion to dismiss should be denied. Under
Section 24 of the LGC and Article 2189 of the
New Civil Code, the Municipality of Pinatukdao is
liable for damages arising from injuries to persons
by reason of negligence of local government units
on the defective condition of the municipal hall,
which is under their control and supervision
(Republic Act No. 7160, § 24; Republic Act No
386, art. 2189).
Q: An aggrieved resident of the City of Manila
filed mandamus proceedings against the city
mayor and the city engineer to compel these
officials to remove the market stalls from
certain city streets which they had designed
as a flea market. Portions of the said city
streets were leased or licensed by the
respondent officials to market stallholders by
virtue of a city ordinance. Decide the dispute.
The petition should be granted. Since public
streets are properties for public use and are
outside the commerce of man, the City Mayor and
the City Engineer cannot lease or license portions
of the city streets to market stallholders.
(Macasiano v. Diokno, G.R. No. 97764, 1992)
(b) To acquire and sell property
(c) To enter into contracts
i. Requisites
ii. Ultra vires contracts
7.
8.
LIABILITY OF LGUS
SETTLEMENT OF BOUNDARY DISPUTES
Q: May boundary disputed between and
among municipalities in the same province be
filed immediately with the Regional Trial
Court?
No. According to Section 118 of the Local
Government Code, boundary disputes should be
referred for settlement to the sangguniang
panlalawigan. (Municipality of Sta. Fe v.
Municpality of Artao, G.R. No. 140474, 2007)
Q: There was a boundary dispute between a
municipality and an independent component
city, both located the same province. How
should the two LGUs settle their boundary
dispute?
Since there is no law providing for the jurisdiction
of any court or quasi-judicial body over the
settlement of a boundary dispute between a
municipality and a component city, the Regional
Trial Court has jurisdiction to adjudicate it. Under
Section 19 (6) of the Judiciary Reorganization
Act, the RTC has exclusive original jurisdiction in
all cases not within the exclusive jurisdiction of
any court or quasi-judicial agency. (Municipality
of Kananga v. Madrona, G.R. No. 141375, 2003)
9. SUCCESSION OF ELECTIVE OFFICIALS
Q: On August 8, 2008, the Governor of Bohol
dies and Vice-Governor Cesar succeeded him
by operation of law. Accordingly, Benito, the
highest ranking member of the Sangguniang
Panlalawigan was elevated to the position of
Vice-Governor. By the elevation of Benito to
the office of Vice-Governor, a vacancy in the
Sangguniang Panlalawigan was created. How
should the vacancy be filled?
In accordance with Section 45 of the LGC, the
vacancy should be filled by appointment by the
President of the nominee of the political party of
Benito since his elevation to the position of ViceGovernor created the last vacancy in the
Sangguniang Panlalawigan. If Benito does not
belong to any political party, a qualified person
recommended by the Sangguniang Panlalawigan
should be appointed. (Navarro v. CA, G.R. No.
121087, 1999)
10. DISCIPLINE OF LOCAL OFFICIALS
(a) Elective officials
iii. Grounds
iv. Jurisdiction
v. Preventive suspension
vi. Removal
vii. Administrative appeal
viii. Doctrine of condonation
Q: Can public officials be still held
administratively liable for a misconduct
commited during a prior term?
Yes. Public office is a public trust and as
mandated under the 1987 Constitution, it is
plainly inconsistent with the idea that an elective
local official's administrative liability for a
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misconduct committed during a prior term can be
wiped off by the fact that he was elected to a
second term of office, or even another elective
post. Election is not a mode of condoning an
administrative offense, and there is simply no
constitutional or statutory basis in our jurisdiction
to support the notion that an official elected for a
different term is fully absolved of any
administrative liability arising from an offense
done during a prior term.
However, the doctrine of condonation should be,
as a general rule, recognized as good law prior to
its abandonment. (Carpio-Morales v. CA, G.R.
Nos. 217126-27, 2015)
11. RECALL
Q: Governor Diy was serving his third term
when he lost his governorship in a recall
election.
1. ) Who shall succeed Governor Diy in his
office as Governor?
2. ) Can Governor Diy run again as governor in
the next election?
3. ) Can Governor Diy refuse to run in the recall
election and instead resign from his position
as governor?
1. The candidate who received the highest
number of votes in the recall will succeed
Governor Diy. (Local Government Code,
§72)
2. Governor Diy can run again as governor. He
did not fully serve his third term, because he
lost in the recall election. His third term
should not be included in computing the
three-term limit. (Lonzanida v. COMELEC,
G.R. No. 135150, 1999)
3. Governor Diy cannot refuse to run in the
recall
election.
He is automatically
considered as a duly registered candidate.
(Local Government Code, §71) He is not
allowed to resign. (Local Government Code,
§73)
12. TERM LIMITS
Q: What is the term limit for all local elective
officials?
No local elective official may serve for more than
three consecutive terms (Local Government
Code, §43).
Q: Manuel was elected Mayor of Municpality
of Tuba in the elections of 1992, 1995 and
1998. He fully served his first two terms, and
during his third term, the municipality was
converted into the component City of Tuba.
The said charter provided for a hold-over and
so without interregnum, Manuel went on to
serve as the Mayor of Tuba. In the 2001
elections, Manuel filed his certificate of
candidacy for City Mayor. He disclosed,
though, that he had already served for three
consecutive terms as elected Mayor when
Tuba was still a municipality. He also stated in
his CoC that he is running for the position of
Mayor for the first time now that Tuba is a city.
Reyes, an adversary, ran against Manuel and
petitioned that he be disqualified because he
had already served for three consecutive
terms as Mayor. The petition was not timely
acted upon, and Manuel was proclaimed the
winner with 20,000 votes over the 10,000
votes received by Reyes as the only other
candidate. It was only after Manuel took his
oath and assumed office that COMELEC ruled
that he was disqualified for having ran and
served for three consecutive terms.
1. ) What is a possible argument to prevent his
disqualification and removal?
2. ) Is Manuel eligible to run as Mayor of the
newly created City of Tuba immediately after
having served for three consecutive terms as
Mayor of Municipality of Tuba?
3. ) Assuming Manuel is ineligible, should
Reyes be declared the winner?
1. One possible argument is that when the
municipality was converted into a city, it
became a different juridical personality.
Hence, when he ran for city mayor, he was
not running for the same office as that of
municipal mayor.
2. Manuel is not eligible to run as mayor of the
City of Tuba. While it acquired a new
corporate existence separate and distinct
from that of the municipality, this does not
mean that for the purpose of applying the
constitutional provision on term limitations,
the office of the municipal mayor should be
considered as different from the office of the
city mayor. The framers of the Constitution
intended to avoid the evil of a single person
accumulating excessive power over a
particular territorial jurisdiction as a result of
a prolonged stay in the office. To allow
Manuel to vie for the position of city Mayor
after having served for three consecutive
terms as municipal mayor will defeat the
intent of the framers of the Constitution.
(Latasa v. COMELEC, G.R. No. 154829,
2003)
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3.
Yes, Reyes should be considered the winner.
When there are participants who turn out to
be ineligible, their victory is voided and the
laurel is awarded to the next in rank who does
not possess any of the disqualifications nor
lacks any of the qualifications set in the rules
to be eligible as candidates. The electorate’s
awareness of the candidate’s disqualification
is not a prerequisite for the disqualification to
attach to the candidate. The very existence of
a disqualifying circumstance makes the
candidate ineligible. Knowledge by the
electorate of a candidate’s disqualification is
not necessary before a qualified candidate
who placed second to a disqualified one can
be proclaimed as the winner. The secondplacer in the vote count is actually the firstplacer among the qualified candidates.
(Maquiling v. COMELEC, G.R. NO. 195649,
2013)*1
4
3
2
NATIONAL ECONOMY AND PATRIMONY
A. REGALIAN DOCTRINE
Q: What are the limits on the Jura Regalia of
the State?
Only agricultural lands of the public domain may
be alienated.
1. The exploration, development and utilization
of all natural resources shall be under the full
control and supervision of the State through:
a. Directly undertaking such activities
b. Or entering into co-production, joint
venture
or
production-sharing
arrangements with Filipino citizen or
Corporation or association at least 60% of
whose capital is owned by such citizens
2. All agreements with the qualified private
sector may be for a period not exceeding, 25
years, renewable for not more than 25 years.
EXCLUDING: Water rights, water supply,
fisheries, industrial uses other than the
development of water power wherein the
beneficial use may be the measure and limit
of the grant.
3. The use and enjoyment of the marine wealth
of the archipelagic waters, territorial sea and
exclusive economic zones shall be reserved
for Filipino Citizens.
4. Utilization of natural resources in rivers, lakes,
bays and lagoons may be allowed on a “smallscale” to Filipino citizens or cooperatives—
with priority for subsistence fishermen and fish
workers (by law) (Phil. Const, art. 12, §2).
B. NATIONALIST AND CITIZENSHIP
REQUIREMENT PROVISIONS
Q: What are the citizenship requirements
under the 1987 Constitution?
ACTIVITY
CITIZENSHIP AND/OR EQUITY
REQUIREMENTS
!
Exploitation
• Filipino citizens
of
natural • Domestic Corporations (60%
resources
Filipino owned)
Operation of • Filipino citizens
Public
• Domestic Corporations
Utilities
Filipino owned)
(60%
Acquisition of • Filipino citizens
alienable
• Domestic Corporations (60%
lands of the
Filipino owned)
public
• Former natural-born citizens of
domain
PHL (as transferees with certain
legal restrictions)
• Alien heirs (as transferees in
case of intestate succession)
Practice of • Filipino citizens only (natural
ALL
persons)
professions
• Congress
may,
by
law,
otherwise prescribe
Mass media
.11m
v ■" 1
Advertising
• Filipino citizens
• Domestic Corporations (100%
Filipino owned)
• Filipino citizens
• Domestic Corporations
Filipino owned)
(70%
Educational
Institution
• Filipino citizens
• Domestic Corporations (60%
Filipino owned)
• EXCEPTION:
Schools
established by religious groups
and mission boards.
• Congress may, by law, increase
requirements
for
ALL
educational institutions
Other
economic
activities
• Congress may, by law, reserve
to Filipino citizens or to Domestic
Corporations
(60%
Filipino
owned or higher) certain
investment areas.
C. EXPLORATION, DEVELOPMENT AND
UTILIZATION OF NATURAL RESOURCES
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D. FRANCHISES, AUTHORITY AND
CERTIFICATES FOR PUBLIC UTILITIES
Q: What does the term “capital” under the
Constitution mean with respect to equity
participation?
For purposes of determining compliance with the
constitutional or statutory ownership, the required
percentage of Filipino ownership shall be applied
to BOTH (a) the total number of outstanding
shares of stock entitled to vote in the election of
directors; AND (b) the total number of outstanding
shares of stock, whether or not entitled to vote.
(Roy III v. Herbosa, G.R. No. 207246, 2017)
Q: What tests are used to determine
Nationality of a Corporation?
1. Voting Control Test - the ownership threshold
must be complied by the voting shares.
2. Beneficial Ownership Test - the ownership
threshold must also apply to the outstanding
capital. (Gamboa v. Teves, G.R. No. 176579,
2011)
Q: What is the rule on large-scale exploration
of mineral resources?
1. The President may enter into agreements with
foreign owned corporations involving technical
or financial assistance for large-scale
exploration etc. of minerals, petroleum, and
other mineral oiis. These agreements should
be in accordance with the general terms and
conditions provided by law.
2. They should be based on the real
contributions to economic growth and general
welfare of the country.
3. In the agreements, the State should promote
the development and use of local scientific
and technical resources.
4. The President should notify Congress of every
contract under this provision within 30 days
from its execution.
5. Management and service contracts are not
allowed under this rule (Phil. Const, art. 12.
§2(4); La Bugal- B’laan v. DENR, G.R. No.
127882, 2004)
Q: Can the state enter into FTAA with foreign
corporations?
The State may enter into FTAAs (Financial and
Technical Assistance Agreement) with foreign
owned corporations provided that such service
contracts may be entered into only with respect
to minerals, petroieum and other mineral oiis.
Also, the grant of such service contracts must be
subject to the following safeguards:
1. In accordance with a general.law
2. President must be the signatory for the
government
3. President must report the executed
agreement to Congress within 30 days. (La
Bugal B ’laan v. DENR, G.R. No. 12788, 2005)
Q: What is the difference between
“ownership of public utility” and “operation of
public utility”?
Operation
of a Public Utility
Ownership
of Public Utility
• May
exist • Relation in law by
independently and
virtue of which d:
separately from the
thing pertaining to
ownership of the
one
person
is
facilities
completely
subjected to his
• One can own said
will in everything
facilities
without
not prohibited by
operating them as a
law
or
the
public
utility,
or
concurrence with
conversely, one may
the
rights
of
operate a public
another
utility without owning
the facilities used to • The exercise of the
serve the public.
rights
encompassed
in
ownership
is
limited by law so
that a property
cannot
be
operated and used
to serve the public
as a public utility
unless the operator
has a franchise.
(Tatadv. Garcia, Jr., G.R. No. 114222, 1995)
Q: Can administrative agencies be granted
the power to issue franchise?
Yes. Administrative agencies may be empowered
by the Legislature by means of a law to grant
franchises or similar authorizations. An example
would be the law granting the Toll Regulatory
Board (TRB) to grant a franchise for toll road
projects. While the TRB is vested by law with the
power to extend the administrative franchise or
authority that it granted, it cannot do so for an
accumulated
period
exceeding 50 years.
Otherwise, it would violate the proscription under
OUI IblllUllUM,
which provides that no public utility franchise
shall be for a longer period than 50 years.
(Francisco v. TRB, G.R No. 166910, 2010)
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E. ACQUISITION, OWNERSHIP AND
TRANSFER OF PUBLIC AND PRIVATE
LANDS
Q: What is the rule on acquisition, ownership
and transfer of public and private Lands?
PRIVATE
CORPORATIONS
!
FILIPINO CITIZENS/
QUALIFIED
INDIVIDUALS
1. They can only hold 1. Can lease up to
alienable lands of
500 hectares
the public domain 2. Can ACQUIRE not
BY LEASE.
more
than
12
hectares
by
• Period:
Cannot
purchase,
exceed 25 years,
homestead
or
renewable for not
grant
more than 25 years
• Area:
Lease
cannot
exceed
1,000 hectares.
2. They may NOT
acquire
PUBLIC
LAND,
albeit
alienable
3. BUT they may
acquire PRIVATE
LAND.
NOTE: A corporation
sole is treated like other
private corporations for
the
purpose
of
acquiring public lands.
social and economic forces by the State so that
justice in its rational and objectively secular
conception may at least be approximated
(■Calalang v. Williams, G.R. 47800, 1940).
Q: What are the principal activities to promote
Social Justice?
1. Creation of more economic opportunities and
more wealth
2. Closer regulation of the acquisition,
ownership, use and disposition of property in
order to achieve a more equitable distribution
of wealth and political power.
3. Creation of economic opportunities based on
freedom of initiative and self-reliance.
Q. May a law be passed prohibiting selected
sectors of labor from organizing unions?
A. No. The right to organize is given to all kinds
of workers both in the private and in the public
sector.
(Bernas,
The
1987
Philippine
Constitution: A Comprehensive Reviewer, 2011)
Q. May a law be passed prohibiting selected
sectors of labor from resorting to strikes?
A. Yes. The second paragraph of Section 3
specifically singles out the right to strike as
subject to limitation by law. (Bernas, The 1987
Philippine Constitution: A Comprehensive
Reviewer, 2011)
Q: What is the scope of Agrarian Reform?
Extends not only to private agricultural lands, but
also to “other natural resources,” even including
the use and enjoyment of “communal marine and
fishing resources” and “offshore fishing grounds.”
F. PRACTICE OF PROFESSIONS
G. ORGANIZATION AND REGULATION OF
CORPORATIONS, PRIVATE AND PUBLIC
H. MONOPOLIES, RESTRAINT OF TRADE
AND UNFAIR COMPETITION
SOCIAL JUSTICE AND HUMAN RIGHTS
A. CONCEPT
Q: What is Social Justice?
A: Embodiment of the principle that those who
have less in life should have more in law.
Social Justice is neither communism nor
despotism, nor atomism, nor anarchy, but the
humanization-of laws and the equalization of
Agricultural land held by the church in trust may
be subject to land reform. The land reform law
does not make a distinction between the various
forms of ownership, whether in trust or absolute
title.
Urban or rural poor dwellers cannot be evicted,
except according to law.
Q: What is the Constitution’s Mandate on
Urban Land Reform and Housing?
The State shall, by law, and for the common
good, undertake, in cooperation with the public
sector, a continuing program of urban land reform
and housing which will make available at
affordable cost decent housing and basic
services to underprivileged and homeless
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citizens in urban centers and resettlements
areas. It shall also promote adequate
employment opportunities to such citizens. In the
implementation of such program the State shall
respect the rights of small property owners (Art.
XIII, Sec. 9, Phil Const.)
Q: What are covered by these rights?
Economic, social and cultural rights include the
rights to adequate food, to adequate housing, to
education, to health, to social security, to take
part in cultural life, to water and sanitation, and to
work. (United Nations Human Rights, Office of
the High Commissioner)
Urban or rural poor dwellers shall not be evicted
nor their dwellings demolished, except in
accordance with law and in a just and humane
manner.
C. COMMISSION ON HUMAN RIGHTS
No resettlement of urban or rural dwellers shall
be undertaken without adequate consultation
with them and the communities where they are to
be relocated. (Art. XIII, Sec. 10, Phil Const.)
Q: What is the Constitution’s Mandate on
Health?
The State shall adopt an integrated and
comprehensive approach to health development
which shall endeavor to make essential goods,
health and other social services available to all
the people at affordable cost. There shall be
priority for the needs of the underprivileged sick,
elderly, disabled, women, and children. The State
shall endeavor to provide free medical care to
paupers. (Art. XIII, Sec. 11, Phil Const.)
Q: What is the Constitution’s Mandate on
Women?
The State shall protect working women by
providing safe and healthful working conditions,
taking into account their maternal functions, and
such facilities and opportunities that will enhance
their welfare and enable them to realize their full
potential in the service of the nation (Art. XIII,
Sec. 14, Phil Const.)
B. ECONOMIC, SOCIAL, CULTURAL RIGHTS
1 Notes:
1. Violations may be committed by public
officers or by civilians or rebels.
2. CHR cannot investigate violations of
social rights.
3. CHR has NO adjudicatory powers over
cases involving human rights violations.
4. I hey cannot investigate cases where no
rights are violated, e.g., There is no right
to occupy government land (squat).
Therefore, eviction therefrom is NOT a
human rights violation.
Q: What are the powers of the CHR?
Powers: (IAC-PE2RM-IRAO)
1. Investigate all forms of human rights
violations involving civil or political rights, and
recommend.1
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 appropriate legal measures for the
protection of the human rights of all persons,
within the Philippines, as well as Filipinos
residing abroad, and provide for preventive
measures and legal aid services to the
underprivileged whose human rights have
been violated or need protection.23
4
5. Exercise visitorialpowers over jails, prisons
and other detention facilities.
6. Establish continuing programs for research,
education and information in order to
enhance respect for the primacy of human
rights.
7. Recommend to congress effective measures
to promote human rights and to provide
compensation to victims of human rights
violations or their families.
8. Monitor compliance by the government with
international treaty obligations on human
rights.
9. Grant Immunity from 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 investigation.
2 Notes:
• The CHR can initiate court proceedings on
behalf of victims of human rights violations.
• The CHR can recommend the prosecution
of human rights violators, but it cannot itself
prosecute these cases.
• The CHR cannot issue restraining orders or
injunctions against alleged human rights
violators. These must be obtained from the
regular courts.
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10. Request assistance from any department,
bureau, office, or agency in the performance
of its functions.
11. Appoint its officers and employers in
accordance with law.1
5
4
3
2
EDUCATION, SCIENCE, TECHNOLOGY,
ARTS, CULTURE AND SPORTS
ACADEMIC FREEDOM
Q: What is Academic Freedom?
From the standpoint of the institution: to provide
that atmosphere which is most conducive to
speculation, experimentation, and creation. The
four essential freedoms of a university are:
1. Who may teach
2. What may be taught
3. How it shall teach
4. Who may be admitted to study [Garcia v.
Faculty Admission Committee, 68 SCRA 277
(1975) citing J. Frankfurter, concurring in
Sweezy v. New Hampshire, 354 US 232
(1937)]
,Q: What is the right to discipline students?
The right to discipline the student likewise finds
basis in the freedom "what to teach." Indeed,
while it is categorically stated under the
Education Act of 1982 that students have a right
"to freely choose their field of study, subject to
existing curricula and to continue their course
therein up to graduation," such right is subject to
the established academic and disciplinary
standards laid down by the academic institution.
[DLSU Inc., v. CA, G.R. No. 127980, December
19, 2007]
Q: What are the requisites of due process for
students before they are disciplined by the
school?
1. Must be informed in writing of the nature and
cause of the accusation against him;
2. Right to answer charges against him, with the
assistance of counsel, if desired;
3. Informed of the evidence against him;
4. Right to adduce evidence in his behalf; and
5. Evidence must be duly considered by the
investigating committee or official designated
by the school to hear and decide the case
(Ateneo de Manila University v. Capulong, GR
No. 99327, May 27, 1993)
FAMILY
Q: What is the Constitutional Mandate for the
Filipino family?
The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall
strengthen its solidarity and actively promote its
total development (CONST. Art. XV, Sec.1)
Q: What are the rights of the family?
The State shall defend
1. The right of spouses to found a family in
accordance with their religious convictions
and the demands of responsible parenthood;
2. The right of children to assistance, including
proper care and nutrition, and special
protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions
prejudicial to their development;
3. The right of the family to a family living wage
and income; and
4. The right of families or family associations to
participate
in
the
planning
and
implementation of policies and programs that
affect them. (CONST. Art. XV, Sec. 3)
PUBLIC INTERNATIONAL LAW
DEFINITION OF TERMS AND CONCEPTS
Q: What is Public International Law?
Traditional Definition: International law is a body
of rules and principles of action which are binding
upon civilized states in their relations to one
another. (Bernas, Public International Law, 2009)
Modern Definition: International law as the law
which deals with the conduct of states and of
international organizations and with their
relations inter se , as well as some of their
relations with persons, whether natural or
juridical. (Restatement (Third) of Foreign
Relations Law of the Unites States)
Q: What is Private International Law?
Private International Law is domestic law which
deals with cases where foreign law intrudes in the
domestic sphere where there are questions of the
applicability of foreign law or the role of foreign
courts. (Bernas, Public International Law, 2009)
Q: What are obligations erga omnes?
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Obligations owed by states towards the
community of states as a whole as compared to
those arising vis-a-vis another state in the field of
diplomatic protection. In view of the importance of
the rights involved, all states can be held to have
a legal interest in their protection.
Q: What is Jus Cogens?
Jus cogens, or peremptory norm of international
law, means “a norm accepted and recognized by
the international community of States as a whole
as a norm from which no derogation is permitted
and which can be modified only by a subsequent
norm of general international law having the
same character.
contracted valid international obligations is bound
to make in its legislation such modifications as
may be necessary to ensure the fulfillment of the
obligations undertaken. (Deutsche Bank AG
Manila v. Commissioner of Internal Revenue,
G.R. No. 188550, Aug. 19, 2013 citing Tanada v.
Angara, 388 Phil. 546, 592 (1997)).
Municipal Rule - When it comes before a
domestic court, domestic courts are bound to
apply the local law.
Treaty v. Constitution - when the
constitutional violation is manifest and
concerns a rule of internal law of
fundamental importance, state may deviate
from treaty obligation
Elements of Jus Cogens
1. A norm accepted and recognized by
2. The international community of states as a
whole
3. No derogation is permitted
4. Which can only be modified by a subsequent
norm having the same character. (Vienna
Convention on Treaties, art, 53)
Q: Distinguish between Equity and Ex Aequo
et Bono.
1. Equity - when accepted, is an instrument
whereby conventional or customary law may
be supplemented or modified in order to
achieve justice. Procedurally, it means a
mandate given to a judge to exercise
discretion in order to achieve a determination
that is more equitable and fair.
2. Ex Aequo Et Bono - pertains to the power of
the International Court of Justice to decide a
case equitably outside the rules of law at the
instance of the parties to the case.
The power to apply principles of equity in no way
restricts the power of the ICJ to decide cases
based on Ex Aequo et Bono should the parties so
agree that the controversy is to be decided on the
said principle.
Treaty v. domestic legislation -when the
two instruments relate to the same subject,
try to give effect to both; if inconsistent, the
later in date will control, provided that the
treaty stipulation is self executing. But this
rule only applies in the domestic sphere. A
treaty, even if contrary to a later statute, is
binding in international law. (Bernas, Public
International Law, 2009)
Q: Did EDCA violate the Constitutional
provision on Senate concurrence on treaties?
No. EDCA is not a treaty; Senate concurrence is
not required. EDCA remained within the
parameters set by the two treaties (the MDT and
the VFA). Mere adjustments in detail to
implement the MDT and the VFA can be in the
form of executive agreements. The “activities”
referred to in the MDT are meant to be specified
and identified in further agreements. EDCA is an
example of such agreement. The President’s
choice to enter into EDCA by way of executive
agreement is in view of the vast constitutional
powers and prerogatives granted to him in the
field of foreign affairs. (Saguisag v. Executive
Secretary, G.R. Nos. 212426/212444, 2016)
SOURCES OF OBLIGATION IN
INTERNATIONAL LAW
RELATIONSHIP BETWEEN INTERNATIONAL
LAW AND NATIONAL LAW
Q: What happens when there is a conflict
between International law and Domestic law?
It depends on whether the case goes to a
domestic court or to an international tribunal.
international Rule - It is an established principle
that, before an international tribunal, a state may
not plead its own law as an excuse for failure to
comply with international law. A state which has
Q:
1.
2.
3.
What are the sources of international law?
Treaties or International Conventions
Custom or Customary international law
General principles of law recognized by
civilized nations
4. As subsidiary means of determining
International law:
(a) Judicial decisions
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(b) Teachings of the most highly qualified
writers and publicists
(ICJ Statute, art. 38(1))
Q: What is a treaty?
An international agreement concluded between
States in written form and governed by
international law, whether embodied in a single
instrument or in two or more related instruments
and whatever its particular designation (Vienna
Convention on the Law of Treaties, art. 2).
Q: What is a custom under international law?
It is an evidence of a general practice accepted
as law.
ELEMENTS:
1. Duration of practice
2. Uniformity, consistency of practice
3. Generality (majority of specially affected
States)
4. Opinion juris (objective and subjective)
Q: The legal yardstick in determining whether
usage has become customary international
law is expressed in the maxim “opinion
jurissve necessitates” or “opinion juris” for
short. What does this maxim mean?
It means that as an element in the formation of
customary norm in international law, it is required
that states in their conduct amounting to general
practice, must act out a sense of legal duty and
not only by the motivation of courtesy,
convenience or tradition.
Not only must acts amount to a settled practice,
but they must also be such or be carried out in
such a way, as to be evidence of a belief that this
practice is rendered obligatory by the existence
of a rule of law requiring it (International Court of
Justice in the North Sea Continental Shelf Cases,
cited in Mijares v. Ranada, G.R. No. 139325,
2005)
1.
2.
3.
SUBJECTS
STATES
INTERNATIONAL ORGANIZATIONS
INDIVIDUALS
recognizes the right to external self-determination
in situations of (1) former colonies; (2) where a
people is oppressed, as for example under
foreign military occupation; or (3) where a
definable group is denied meaningful access to
government to pursue their political, economic,
social and cultural development (North Cotabato
v. GRP citing In reference to the Secession of
Quebec, G.R. No. 183591, 2008)
A. JURISDICTION OF STATES
1. BASIS OF JURISDICTION
a. TERRITORIALITY PRINCIPLE
b. NATIONALITY PRINCIPLE AND
STATELESSNESS
c. PROTECTIVE PRINCIPLE
d. UNIVERSALITY PRINCIPLE
e. PASSIVE PERSONALITY PRINCIPLE
2. EXEMPTIONS FROM JURISDICTION
a. ACT OF STATE DOCTRINE
Q: What is the Act of State Doctrine?
Courts of one country will not sit in judgment on
the acts of the government of another in due
deference to the independence of sovereignty of
every sovereign State (PCGG v. Sandiganbayan,
G.R. No. 124772, 2007).
b. INTERNATIONAL ORGANIZATIONS AND
ITS OFFICERS
Principle: One of the basic immunities of an
international organization is immunity from local
jurisdiction, i.e., it is immune from the legal writs
and processes issued by the tribunals of the
country where it is found. The obvious reason for
this is that the subjection of such an organization
to the authority of the local courts would afford a
convenient medium thru which the host
government may interfere in their operations or
even influence or control its policies and
decisions of the organization; besides, such
subjection to local jurisdiction would impair the
capacity of such body to discharge its
responsibilities impartially on behalf of its
member-states. (Southeast Asian Fisheries v.
NLRC, G.R. No. 86773, 1992).
F. GENERAL PRINCIPLES OF TREATY LAW
Q: Is there a right to unilateral secession or
external
self-determination
under
International Law?
General Rule: The people’s right to selfdetermination should not be understood as
extending to a unilateral right of secession.
Exception:
International
law,
at
best,
only
Q: May a treaty violate international law? If
your answer is in the affirmative, explain
when such may happen. If your answer is in
the negative, explain why.
Yes, a treaty may violate international law if it
conflicts with a peremptory norm or jus cogens of
international law. A treaty is void, if at the time of
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its conclusion, it conflicts with jus cogens norm. If
a new peremptory norm of general international
law emerges, any existing treaty which is in
conflict with that norm becomes void and is
terminated (Vienna Convention on the Law on
Treaties, art. 53.).
Q: Differentiate pacta sunt servanda and
rebus sic stantibus.
Pacta sunt servanda means every treaty is
binding upon the parties to it and must be
performed by them in good faith. (Vienna
Convention on the Law of Treaties, art. 26) A
state can avoid performance if the treaty collides
with its Constitution, but it cannot escape liability
that it may incur as a result of such non­
performance.
Rebus sic stantibus means a fundamental
change of circumstances is not a ground for a
treaty to be suspended or terminated. Except
when:
1. The circumstance is the essential basis of
consent, or
2. The obligation is transformed radically that it
becomes burdensome or unreasonable.
Exceptions to the Exceptions:
1. If the treaty establishes a boundary:
2. If the fundamental change is the result of a
breach by the party invoking it either of an
obligation under the treaty or of any other
international obligation owed to any other
party to the treaty. (Vienna Convention on the
Law of Treaties, art. 62)
In sum, rebus sic stantibus is an exception to the
rule of pacta sunt servanda.
country of his nationality, and is unable to, or
owing to such fear, is unwilling to avail himself of
the protection of that country. (1951 Convention
Relating to the Status of Refugees, art. 1)
A person who has left their country of origin and
formally applied for asylum in another country but
whose application has not yet been concluded.
Q: Who is an Internally displaced person?
An internally displaced person (IDP) is a person
who has been forced or obliged to flee or to leave
his or her home or place of habitual residence, in
particular as a result of, or in order to avoid the
effects of armed conflict, situations of generalized
violence, violations of human rights or natural or
human-made disasters, and who have not
crossed an internationally recognized State
border. (UN Guiding Principles on Internal
Displacement, par. 2)
Q: Who is a stateless person?
A stateless person is a person who is not
considered as a national by any State under the
operation of its law. (1954 Convention Relating to
the Status of Stateless Persons, ari. 1).
Q: What is the Philippine rule on foundlings?
A child, whose parents are both unknown, shall
have the nationality of the country of his or her
birth. A foundling is, until the contrary is proved,
presumed to have been born on the territory of
the State in which he or she was found. (PoeLlamanzares v. COMELEC, G.R. No. 221697,
2016, citing 1961 Convention on the Reduction of
Statelessness, art. 2; 1930 Hague Convention on
Certain Questions Relating to the Conflict of
Nationality Laws, art. 14)
G. DOCTRINE OF STATE RESPONSIBILITY
This presumption in favor of foundlings is a
generally accepted principle of international law.
(Poe-Llamanzares v. COMELEC, supra).
Q: What are the elements of State
Responsibility?
1. There is an internationally wrongful act of a
state when the conduct consisting of an
action or omission:
2. Is attributable to the State under international
law; and
3. Constitutes a breach of an international
obligation of a State. [ASR, art. 2]
While the Philippines is not a party to the 1961
Convention on the Reduction of Statelessness
(UNCRS) and the 1930 Hague Convention, it is a
signatory to the Universal Declaration on Human
Rights (UDHR). Article 2 of the UNCRS and
Article 14 of the Hague Convention merely give
effect to Article 15(1) of the UDHR. (PoeLlamanzares v. COMELEC, supra).
H. REFUGEES
Q: Who is a Refugee?
A refugee is one who, owing to a well-founded
fear of being persecuted for reason of race,
religion, nationality, membership of a particular
social group or political opinion, is outside the
Q: What is the principle of non-refoulement?
No Contracting State shall expel or return a
refugee in any manner whatsoever to the frontiers
of territories where his life or freedom would be
threatened on account of his race, religion,
nationality, membership of a. particular social
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group or political opinion. (1951 Convention
Relating to the Status of Refugees, art. 33)
J. EXTRADITION
1. Fundamental principles
Q: What is extradition and what are the
general principles governing extradition?
Extradition is the surrender of an individual by the
state within whose territory he is found to the
state under whose laws he is alleged to have
committed a crime or to have been convicted of a
crime. It is a process that is governed by treaty.
(See P.D. No. 1069, Sec. 2 (a).)
The removal of an accused from the Philippines
with the object of placing him at the disposal of
foreign authorities to enable the requesting state
or government to hold him in connection with any
criminal investigation directed against him or the
execution of a penalty imposed on him under the
penal or criminal law of the requesting state or
government. (P.D. No. 1069, Sec. 2 (a).).
PRINCIPLES:
1. No state is obliged to extradite unless there is
a treaty;
2. Differences in legal system can be an obstacle
to interpretation of what the crime is (apply the
principle of double criminality);
3. Religious and political offenses are NOT
extraditable. (Bernas, Public International
Law, 2009)
EXCEPT:
“ATTENTAT
CLAUSE”
assassination of the head of state or any
member of his family is not regarded as
political offense for purposes of extradition. It
also applies for the crime of genocide.
Q: What is the principle of double criminality?
According to this principle, a person may be
extradited only when his/her actions constitute an
offense in both the requesting and requested
states. This principle is now commonly accepted
by States and is embodied in extradition treaties.
Q: Can bail be granted in an extradition case?
Yes. The modern trend in international law is the
primacy on the worth of the individual person and
the sanctity of human rights. While extradition is
NOT a criminal proceeding (it is sui generis), it is
characterized by the following:
1. It entails a deprivation of liberty on the part of
the potential extradite; and
2. The means employed to attain the purpose of
extradition is also the machinery of criminal
law
While our extradition law (PD 1069) does not
provide for the grant of bail, there is no provision
prohibiting the extraditee from filing a motion for
bail, a right to due process. The extraditee must
establish “clear and convincing proof that he or
she is not a flight risk and will abide with all the
orders of the extradition court (Government of
Hong Kong v. Olalia, G.R. No. 153675, 2007)
(a) Procedure
Q: What is the procedure for extradition in the
Philippines?
1. Foreign diplomat of the requesting state or
government REQUESTS for extradition with
Secretary of Foreign Affairs
2. DFA FORWARDS request to DOJ
3. DOJ FILES petition for extradition with RTC
4. RTC issues SUMMONS or WARRANT OF
ARREST to compel the appearance of the
individual
5. HEARING (provide counsel de officio if
necessary)
6. Appeal to the CA within 10 days whose
decision shall be final and executory
7. Decision FORWARDED to DFA through the
DOJ
8. Individual PLACED at the disposal of the
authorities of requesting state-costs and
expenses to be shouldered by requesting
state (P.D. No. 1069, Secs. 4-7, 12, 14, 16Id).
Q: Lawrence is a Filipino computer expert
based in Manila who invented a virus that
destroys all files stored in a computer. In May
2005, this virus spread all over the world and
caused $50 million in damage to property in
the United States, and in June 2005, he was
criminally charged before the US courts under
their Anti-Hacker Law. In July 2005, the
Philippines adopted its own Anti-Hacker Law,
to strengthen existing sanctions already
provided against damage to property. The US
requested the Philippines to extradite him to
US courts under the RP-US Extradition Treaty.
Is the Philippines under the obligation to
extradite Lawrence? State the applicable rule
and its rationale.
If there was no anti-hacker law in the Philippines
when the US requested the extradition,
Philippines is under no obligation to extradite him.
Under the principle of double criminality,
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extradition is available only when the act is an
offense in both countries.
Q: May a State ask for the extradition of a
person for a crime committed before the
effectivity of an extradition treaty?
A party to an extradition treaty may ask the other
party to extradite a person for a crime committed
before the effectivity of a treaty. It does not violate
the prohibition against ex post facto laws. The
constitutional prohibition applies to penal laws
only. The extradition treaty is not a penal law.
(Wright v. CA, G.R. No. 113213, 1994)
(b) Distinguished from deportation
Q: Distinguish extradition from deportation
EXTRADITION
DEPORTATION
Removal of an accused
from the Philippines
with the object of
placing him at the
disposal
of foreign
authorities. (PD W69,
Act or an instance of
removing a person to
another
country
(Black’s Law Dictionary,
504, 2004).
It 11 is a form
of
international
judicial
assistance designed to
deny criminals a safe
haven abroad.
It is exercised by the
President to expel or
deport aliens whose
presence is deemed
inimical to the public
interest. (Djumantan v.
Domingo, G.R. No.
99358, 1995).
It is a formal procedure
whereby an individual,
accused or convicted of
a crime under the laws
of one State, is arrested
in another State and
handed over to the
former State, at that
State’s request, for trial
or
punishment.
(Boczek, The A to Z of
international Law, 60,
2010),
K. INTERNATIONAL HUMAN RIGHTS LAW
1. UNIVERSAL DECLARATION OF HUMAN
RIGHTS
2. INTERNATIONAL COVENANT ON CIVIL
AND POLITICAL RIGHTS
3. INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL
RIGHTS
L. BASIC PRINCIPLES OF INTERNATIONAL
HUMANITARIAN LAW
Q: What is international humanitarian law?
Set of rules which seek, for humanitarian
reasons, to limit the effects of armed conflict. It
protects persons who are not or are no longer
participating in the hostilities and restricts the
means and methods of warfare. International
humanitarian law is also known as the law of war
or the law of armed conflict. (Advisory Service on
International Humanitarian Law, International
Committee on Red Cross, 2004).
1. CATEGORIES OF ARMED CONFLICTS
(a) International armed conflicts
(b) Internal or non-international armed
conflict
(c) War of national liberation
2.
3.
4.
5.
(a)
(b)
(c)
(d)
R.A. 9851 (PHILIPPINE ACT ON CRIMES
AGAINST INTERNATIONAL
HUMANITARIAN LAW, GENOCIDE, AND
OTHER CRIMES AGAINST HUMANITY)
LAW OF THE SEA
BASELINES
ARCHIPELAGIC STATES
Straight archipelagic baselines
Archipelagic waters
Archipelagic sea lanes passage
Regime of islands
Q: What is the “regime of islands” principle?
Under Article 121 of the UNCLOS, “the regime of
islands” is:
1. An island naturally formed area of land,
surrounded by water which is above water at
high tide.
2. Except as provided for in the next number, the
territorial sea, the contiguous zone, the
exclusive economic zone and the continental
shelf of an island are determined in
accordance
with
the
provisions
of
this Convention applicable to other land
territory.
3. Rocks which cannot sustain human habitation
or economic life of their own shall have no
exclusive economic zone or continental shelf.
6. INTERNAL WATERS
7. TERRITORIAL SEA
8. EXCLUSIVE ECONOMIC ZONE
9. C O N T IN E N T A L SH E LF
(a) Extended eco n o m ic zone
10. INTERNATIONAL TRIBUNAL FOR THE
LAW OF THE SEA
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Q: What is the “regime of islands” principle?
Under Article 121 of the UNCLOS, the “the
regime of islands” is:
1. an island naturally formed area of land,
surrounded by water which is above water at
high tide.
2. Except as provided for in the next number, the
territorial sea, the contiguous zone, the
exclusive economic zone and the continental
shelf of an island are determined in
accordance
with
the
provisions
of
this Convention applicable to other land
territory.
3. Rocks which cannot sustain human habitation
or economic life of their own shall have no
exclusive economic zone or continental shelf.
B.
BASIC PRINCIPLES OF
INTERNATIONAL ENVIRONMENTAL
LAW
Q: What is Principle 21 of the Stockholm
Declaration?
“States have, in accordance with the Charter of
the United Nations and the principles of
international law, the sovereign right to exploit
their own resources pursuant to their own
environmental policies and the responsibility to
ensure that activities within their jurisdiction or
control do not cause damage to the environment
of other States or of other areas beyond the limits
of natural jurisdiction.”
Q: What is the precautionary principle?
The precautionary principle is used when there is
a lack of full scientific certainty in establishing a
causal link between human activity and
environmental
effect.
The
precautionary
principle, as a principle of last resort, shifts the
burden of evidence of harm away from those
likely to suffer harm and onto those desiring to
change the status quo. (International Service for
the Acquisition of Agri-Biotech v. Greenpeace,
G.R. No. 209271, 2015)
Q: What are the elements for the application
of the precautionary principle?
1. Uncertainty
2. Possibility of irreversible harm
3. Possibility of serious harm (International
Service for the Acquisition of Agri-Biotech v.
Greenpeace, G.R. No. 209271, 2015)
TABLE OF ENUMERATIONS
CONSTITUTIONAL LAW 1
How States may
acquire or lose
territory
CAPO
1.
2.
3.
4.
Function of a State
CM
1. Constituent - compulsory functions which constitute the
very bonds of society
2. Ministrant - optional functions of the government
When suit is
considered against
the State
Consent by the State
is given impliedly by
t g g ll!
BPPI
Cession
Accretion
Prescription
Occupation
1. The republic is sued by name
2. Suits against an unincorporated agency
3. Suit is against a government official, but is such that
ultimate liability will devolve on the government
1. State enters into an operation that is essentially a
Business operation
2. The State enters into a Private contract
3. State files suit against a Private party
4. Suit against an Incorporated government agency
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Elements of a State
GSPoT
1. Government
2. Sovereignty
3. Population
4. Territory
Test of Valid
Delegation
CS
1. Completeness Test
2, Sufficiency of Standard
Exceptions to the
principle of non­
delegation of
legislative power
PLATE
1 . To the extent reserved to the People by the provision on
initiative and referendum
2. Delegation to Local government
3. Delegation to Administrative bodies
4. Congress may delegate Tariff powers to the President
5. Emergency powers delegated By Congress to the
President
Requisites of a Valid
Ordinance
Must
NO T
CUPPU,
must be
GC
1.
2.
3.
4.
6.
Must
Must
Must
Must
Must
Must
5.
not Contravene the Constitution or any statute
not be Unfair or oppressive
not be Partial or discriminatory
not Prohibit, but may regulate trade
not be Unreasonable
be General and Consistent with public policy
Three types of
initiative
CSL
1.
2.
Initiative on the Constitution
Initiative on Statutes
Required Petition for
Referendum
R S 10R3
1.
Petition should be Registered with the Commission on
Elections
Should be Signed by at least 10% of the total number of
registered voters
Every legislative district must be Represented by at least
3% of the registered voters thereof
2.
3.
Rule on
Apportionment
UCPPR3
How can a party-list
join an electoral
contest?
RA
Who may participate
NRS
in o o r f v / J i o t
ii l jurt_4l IJF lIvJl
elections?
1.
2.
It must be baised on uniform and progressive ratio
Each city with at least 250,000 inhabitants shall be
entitled to at least 1 representative
3. Each province, irrespective of number of inhabitants,
shall Be entitled to at least 1 representative
4. Each legislative district shall comprise as far as
practicable, contiguous, compact, and adjacent (PCCA)
territory.
5. Reapportionment is done by Congress within 3 years
following the return of every census
2.
Registration; and
Accreditation
1.
2.
3.
National parties/organizations
Regional parties/organizations
Sectoral parties/organization
1.
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Each Electoral
Tribunal shall be the
sole judge of all
contests relating:
ERQ
1.
2.
3.
Election contests
Qualification
Returns
Bills that must
originate in the
House
PuP-TL
1.
2.
3.
4.
Bills authorizing the increase of Public debt
Private Bills
Tariff Bills
Bills of Local Application
Requisites for valid
transfer of
appropriated funds
under Art. 6, Sec.
25(5)
LSA
1.
There is a Law authorizing the President, Senate
President, Speaker, Chief Justice, and heads of the
Constitutional Commissions;
The funds to be transferred are Savings generated from
the appropriations for their respective offices; and
The purpose of the transfer is to Augment an item in the
general appropriations law for their respective offices
2.
3.
Limitations on power
to tax
UP-PED
1.
2.
3.
4.
5.
The rule of taxation should be Uniform
Congress should evolve a Progressive system of
taxation
The power to tax must be exercised for Public purpose
It should be Equitable
The Due process and equal protection clauses of the
Constitution should be observed
Officers subject to
impeachment
p v m 2o
1.
2.
3.
4.
5.
President
Vice-President
Members of the SC
Members of the Constitutional Commission
Ombudsman
Grounds for
Impeachment
CTG -
1.
2.
3.
4.
5.
6.
Culpable violation of the Constitution
Treason
Graft and Corruption
Bribery
Betrayal of Public Trust
Other high crimes
Regular
Appointments
Requiring Consent of
CA
m m m
h a 2c
1.
2.
Heads of executive departments
Ambassadors, consuls, and other
public ministers
3. Officers of A FP from the rank of colonel or naval captain
4. Other officers whose appointment is vested in him by the
Constitution, such as: (CJOS)
a. Chairmen and members of the COMELEC, COA, and
CSC.
b. Regular members of the JBC.
c. The Ombudsman and his deputies.
d. Sectoral representatives in Congress, as provided in
Transitory Provisions
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Suspension Privilege
Of Writ O f H C &
Martial Law
Declaration
AP
1.
2.
Actual, and not merely imminent Invasion or Rebellion
Public safety requires it
Limitations on the
suspension of the
Privilege of the Writ
of Habeas Corpus
60-R48-
1.
2.
Suspension or proclamation is effective only for 60 days
Within 48 hours from the declaration of suspension, the
President must submit a Report in person or in writing to
Congress
Congress, voting jointly, by a vote of at least a majority,
may Revoke the same, and the President can not set
aside the revocation
Upon the President’s initiative, Congress may Extend
the proclamation or suspension for a period determined
by the Congress if invasion or rebellion persists and
public safety requires it.
RE
3.
4.
Requisites of Judicial
Review
REALS
1.
2.
3.
4.
5.
Requisites for ThirdParty Standing (fus
IRH
tertii)
Exceptions to the
rule that the Courts
will not entertain
moot questions
GERF
1. The litigant must have suffered an Jnjury-in-fact;
2. The litigant must have a close Relation to the third party;
and
3. There must exist some Hindrance to the third party’s
ability to protect his or her own interests.
1.
2.
3.
4.
Scope of the Civil
Service Commission
Non-competitive
positions covered by
{security of tenure
The question involved must be Ripe for adjudication
The question of constitutionality must be raised in the first
instance, or at the Earliest opportunity.
An Actual case calling for the exercise of judicial power.
Resolution of the issue of constitutionality is unavoidable
or is the very Us m ota of the case.
The person challenging the governmental act must have
There is a grave violation of the Constitution;
The situation is of an exceptional character and
paramount public interest is involved;
The constitutional issue raised requires formulation of
controlling principles to guide the bench, the bar, and the
public;
The case is capable of repetition yet evading review
BIGAS
1. Branches
2. Instrumentalities
3. G QCCs with original charter
4. Agencies of the Government
5. Subdivisions
PPH
1.
2.
3.
Policy determining
Primarily confidential
Highly technical
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Determination
whether an
employee has a
reasonable
expectation of
privacy
RCA
Acquisition of
Alienable Lands of
the Public Domain
FFA
1.
2.
3.
1.
2.
3.
The employee’s Relationship to the item seized
W hether the item was in the immediate Control of the
employee
W hether the employee took Actions to maintain his
privacy in the item
Filipino citizens
Former natural-born citizens of RP (as transferees with
certain legal restrictions
Alien heirs (as transferees in case of intestate
succession)
CONSTITUTIONAL LAW 2
Elements of due
process in judicial
proceedings
Ju3NO
1.
2.
3.
4.
Elements of due
process in
administrative
proceedings
HIP
DESK
1.
2.
3.
4.
5.
6.
7.
Requirements of due
process in
deportation
proceedings
SP-CP
Requisites for Valid
Classification
GEES
1.
An impartial court or tribunal clothed with judicial power
to hear and determine the matter before it.
Jurisdiction must be lawfully acquired over the person or
subject matter.
Judgment must be rendered upon a lawful hearing.
The defendant must be given notice and an opportunity
to be heard.
The right to a hearing, which includes the right to present
one’s case and submit evidence in support thereof.
The tribunal or body or any of its judges must act on its or
own independent consideration of the law and facts of the
controversy.
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.
The decision must have something to support itself.
The tribunal must consider the evidence presented.
Evidence supporting the conclusion must be substantial.
The board or body should render its decision in such a
manner that the parties to the proceeding can know the
various issues involved and the reasons for the decision
rendered.
2.
3.
4.
Charges against alien must Specify the acts or
omissions complained of
Preliminary investigation
Follow rules of Criminal procedure
Private prosecutors should NO T be allowed to intervene.
1.
Germane to the purposes of the law
2.
Not limited to Existing conditions only
3.
4.
Applied Equally to all members of the same class.
Rest on Substantial distinctions
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Requisites for a valid
warrant
PDEP
It must be based on Probable cause;
Probable cause must be Determined personally by a
judge;
3. The judge must Examine under oath or affirmation the
complainant and the witnesses he may produce;
4. The warrant must Particularly describe the place to be
searched and the person or things to be seized
Requisites for
SEARCHES AND
SEIZURES with a
valid warrant
JPEPO
1.
1.
2.
2.
3.
4.
5.
Warrantless
Searches
W IPE
MS CAC
1.
2.
3.
4.
5.
6.
7.
8.
9.
Circumstances
where warrantless
arrests can be made
PPP
1.
NB
Government
Regulation is
Justified if (also
known as ContentNeutral
Regulations/O’Brien
Test):
W I-FU UN-NO
Exceptions to
freedom from prior
restraint
WOS
W aiver of right
Incidental to a lawful arrest
Plain view doctrine
During exigent and emergency situations
Moving vehicle
Stop and frisk rule
Seizure of goods concealed to avoid custom^ duties
Airport searches
Checkpoints
3.
In his presence, person committed, actually committed,
will commit an offense
Offense has been committed and he has personal
knowledge
Prisoner who has escaped
1.
2.
Content-Neutral
Content-Based
2.
2 Kinds of Prior
Restraint
The existence of probable cause is determined
personally by the Judge.
It must be issued upon a finding of Probable cause.
The judge must Examine under oath the complainant
and the witnesses he may produce.
The warrant must Particularly describe the place to be
searched and person or things to be seized.
It must be in connection with One specific offense.
1. It is within the constitutional power of the government
2. it furthers a substantial government interest
3. The governmental interest is unrelated to the
suppression of free expression
4. The incidental restriction is no greater than essential to
the furtherance of the interest.
1.
2.
3.
When the nation is at w ar
Obscene publications
Security of community life may be protected against
incitements to violence or overthrow of orderly
government.
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Test for Obscenity
(Miller Doctrine)
POL
1.
2.
3.
Compelling State
Interest test
SLL
1.
2.
3.
Exceptions to the
right to information
BENT
DISC
Matters that can be
judicially reviewed in
expropriation cases
BEAPP
ANP
The courts should look into the Sincerity of the religious
belief without inquiring into the truth of the belief
The state has to establish that its purposes are
Legitimate and compelling
The state used the Least intrusive means possible.
1. Banking transactions
2. Executive sessions
3. National security matters
4. Trade secrets
5. Diplomatic correspondence
6. Intelligence information
7. Supreme court deliberations
8. Closed door cabinet meetings
Requisite before and i § p j o j i 1.
LGU can exercise
2.
the power of eminent
domain
3.
4.
Elements of taking
private property
Whether the average person, applying contemporary
community standards, would find the work, taken as a
whole, appeals to the p r u r i e n t interest.
Whether the work depicts or describes, in patently
offensive way, sexual conduct specifically defined by the
applicable state law.
Whether the work, taken as a whole, lacks serious
literary, artistic, political or scientific value.
1.
An ORDINANCE is enacted by the local legislative council
authorizing the local chief executive;
The power of eminent domain is exercised for PUBLIC USE,
PURPOSE or welfare;
There is payment of JUST COMPENSATION; and
A valid and definite O FFE R has been previously made to
the owner of the property sought to be expropriated, but
said offer was not accepted.
2.
3.
4.
5.
Utilization of the property must be in such a way as to oust
the owner and deprive him of the beneficial enjoyment of
his property.
The expropriator enters the property
Entry is made under warrant or color of legal authority
Property is devoted to public use
The entrance must be permanent
1.
2.
3.
The A of the compensation
The N E C E S S ITY of the taking
The PUBLIC USE character of the taking.
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Constitutional Rights
of the Accused
PITCHE
SMACA
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
PRESUM PTIO N of innocence
Right to be IN FO R M E D of nature and cause of
accusation against him
Right to TE S TIFY as a witness in his own behalf
Right to C O M PULSO RY process to secure attendance
of witnesses and production of evidence
Right to be HEARD by himself and counsel
Right to be EXEM PT from being compelled to be a
witness against himself
Right to SPEEDY, impartial and public trial
Right to M EET witness face to face
Trial in AB SENTIA - mandated only after arraignment
and absence unjustified
CRIM INAL due process:
a. Accused to be heard in court of competent
jurisdiction
b. Accused proceeded against under orderly
processes of law
c. Accused given notice and opportunity to be heard
d. Judgment rendered was within authority of a
constitutional law
To APPEAL in all cases allowed and in the manner
prescribed by law
Requisites of Trial in l i l l l l T; The accused has been validly Arraigned and
Absentia
2. Accused has been duly Notified
,3. His failure to appear is Mnjustifiabl©....
, 1 f)
Requisites for double
jeopardy
ATS
How jeopardy
attaches
CICAP
1. 1st jeopardy must have attached prior to the second
2. The 1st jeopardy must have terminated
3. The 2nd jeopardy must be for the same offenses as that
in the 1st.
1.
2.
3.
4.
5.
A person is charged
Under a complaint or information sufficient in form and
substance to sustain a conviction
Before a court of competent jurisdiction
After the person is arraigned
Such person enters a valid filea.
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How 1st Jeopardy
terminated
ACD
1.
2.
3.
Acquittal
Conviction
Dismissal without the express consent of the accused
(S2M2D)
a. Dismissal based on violation of
the right to a speedy trial amounts to an acquittal
b. Discharge of an accused to be a state witness
(amounts to acquittal)
c. Dismissal on the merits
d. Dismissal on motion of the prosecution, subsequent
to a motion for reinvestigation filed by the accused
e. Dismissal based on demurrer to evidence is a
dismissal on the merits
Modes of acquiring
citizenship
CoRN
1.
2.
3.
Direct act of Congress
Repatriation
Naturalization
LAW ON PU B LIC O FFIC ER S
Elements of public
office
LSCIP
1.
2.
3.
4.
5.
Created by law or by authority of law;
Possess a delegation of portion of sovereign powers of
government, for benefit of the public;
Powers conferred and duties imposed defined by
Constitution, legislature, or by its authority;
Duties performed independently and only controlled by
law unless placed under general control of superior
office or body;
Permanent or continuous.
How appointments
by the President
made
NCIA
1. Nomination
2. Confirmation
3. Issuance of Confirmation
4. Acceptance by the appointee
Exceptions to the
rule on nepotism
CTAP
1.
2.
3.
4.
Persons employed in confidential capacity
Teachers
Physicians
Members of AF P
Who are required to
file SALN
PVCCSCOA
1.
2.
3.
4.
6.
7.
8.
President
Vice-President
Members of the Cabinet
Members of Congress
Justices of the Supreme Court
Members of Constitutional Commissions
Other constitutional offices
Officers of the Armed Forces with general or flag rank
1.
2.
Preventive suspension pending Investigation
Preventive suspension pending Appeal
5.
Kinds of Preventive
Suspension
IA
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Conditions before
employee entitled to
back salaries in
preventive
suspension
IU
Personnel actions
amounting to
removal
SC D2
1.
2.
3.
4.
Shortening term
Control does not extend to removal
Demotion
Denial of optional retirement and refusal to reinstate
Effects of
Impeachment
LDR
1.
Officer still Liable to prosecution, trial, and punishment if
the impeachable offense committed also constitutes a
felony or crime
Disqualification to hold any office
Removal from office of the official concerned
1.
2.
2.
3.
The employee must be found innocent of the charges;
and
His suspension must be unjustified or the official was
innocent.
A D M IN IS TR A TIV E LAW
Non-applicability of
doctrine of
exhaustion of
administrative
remedies
DARNN
JP LI CD
DRIED
LPS
Quo
1.
If it should appear that an IRREPARABLE DAMAGE will
be suffered by a party unless resort to the court is
immediately made.
2. When the respondent is the ALTER EG O of the
President
3. When no administrative R E V IE W is provided as a
condition precedent for court action
4. Where insistence on its observance would result in the
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
When there was NO D E C IS IO N rendered
When there are special circumstances demanding
immediate JUDICIAL IN TE R VE N TIO N
When the administrative remedy is P E R M IS S IV E or
concurrent
When the question raised is ESSENTIALLY AND
PURELY LEGAL
When strong PUBLIC IN TE R E S T is involved
Where the issue raised is the C O N STITUTIO N ALITY of
the statute, rule or regulation
W here it is a civil action for DAMAGES
Where the officer acted in utter DISREG ARD OF DUE
PRO C ESS
When there is NO O TH E R plain, speedy, adequate
RE M E D Y
When act complained of is PATENTLY ILLEGAL
When the administrative body or the person invoking the
doctrine is in ES TO PPEL
When there is long-continued and UNREASONABLE
DELAY
When the subject of controversy is PRIVATE LAND
When the controversy involves PO SS ES SO R Y ACTION
involving public lands
When the claim involved is SMALL so that to require
exhaustion would be oppressive and unreasonable
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20. In QUO W AR R A N TO oroceedinqs
Non-applicability of
finality of
administrative action
SPA­
DIVE
1. To grant relief to preserve Status quo pending further
action by the administrative agency;
2. Essential to the Protection of rights asserted;
3. When Allowed by law;
4. When the order is not reviewable and the complainant
will suffer great and obvious Damage if the order is
carried out;
5. An interlocutory order affecting the merits of a
controversy;
6. An administrative officers acts in Violation of constitution
and other laws; anet
7. To an order made in Excess of power
ELECTION LAW
Required
qualifications for
voters
C D R2
18
1. Citizen of the Philippines
2. Not Disqualified by law
3. Resident of the Philippines for at
least 1 YEAR
4. Resident of the place wherein he
proposes to vote for at least 6 months immediately
preceding the election
5. At least 18 years old
Grounds for
disqualification to
vote
FDI
1.
2.
3.
Sentenced by FINAL JU D G M E N T to suffer
IM P R IS O N M E N T NO T LESS THAN 1 YEAR
Adjudged by final judgment by a competent court of
having committed any crime involving DISLOYALTY to
the duly constituted government
For (1) and (2):
a. Disqualification may be removed by plenary
pardon or amnesty
b. Reacquire the right to vote upon expiration of 5
years after service of sentence
INSANE or IN C O M P E TE N T persons as declared by
competent authority
Grounds for inclusion
proceedings
DS
1. Application for registration has been disapproved by the
board
2. 2. Name has been stricken out
Grounds for
exclusion
proceedings
Nq-FG
1.
2.
3.
Not qualified or possessing disqualification
Flying voters
Ghost voters
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Grounds for
annulment of book of
voters
N-
PUfWl
1.
2.
Not prepared in accordance with law
Prepared through:
a. Fraud
b. Forgery
c. Force
d. Intimidation
e. Impersonation
f. Bribery
g. Similar irregularity
h. Contains data that are
Statistically improbable
Grounds for
substitution
DWD
1. Death
2. Withdrawal
3. Disqualification
Grounds for
disqualification of
candidates
LFFD-
1. tackin g qualifications
2. Filing a COC for more than 1 office
3. False and material representation in the CO C
4. Disqualifications under the LGC
5. Nuisance candidate
6. Election offenses enumerated under Sec, 68 of the
Omnibus Election Code
7. declared insane or incompetent.by competent authority
8. Sentenced by final judgment for subyp^jon, insurrection,
rebellion or an offense which he has been sentenced to
a penalty of more than 18 month«; W i^ r n b t e v e lv in g
moral turpitude, unless given plenary pardon/ amnesty
Disqualifications
under LGG
MAOPDF
1.
2.
3.
4.
5.
6.
Grounds for false
and material
misrepresentation
FMD
1.
2.
3.
Sentenced by final judgment for an offense involving
Moral turpitude or for an offense punishable by 1 year or
more of imprisonment within 2 years after serving
sentence.
Removed from office as a result of an Administrative
case.
Convicted by final judgment for violating the Oath of
allegiance to the Republic.
Permanent residents in a foreign country or those who
have acquired the right to reside abroad and continue to
avail of the same right.
Dual allegiance.
Fugitives from justice in criminal or non-political cases
here or abroad.
Must be False
Must be Material
Must be Deliberate and there is an intention to defraud
the electorate
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Prohibited
Contributions
UF2
PLAC2E
Public Utilities or those exploiting natural resources of
the nation
2. Public or private Financial institutions, except loans to a
candidate or political party
3. Foreigners and foreign corporations
4. Grantees of franchises, incentives, exemptions,
allocations or similar Privileges or concessions by the
government
5. Persons who, within 1 year prior to the date of the
election, have been granted Loans or other
accommodations in excess of P I 00,000 by the
government
6. Members of the Armed forces of the Philippines
7. Officials or employees in the Civil service
8. Persons with Contracts to supply the government with
goods or services or to perform construction or other
works
9. Educational institutions which have received grants of
public funds not less than P I 00,000 by the government
When Failure of
Elections may be
declared
SNR
1.
1.
2.
3.
Grounds for a
recount
M TD
Types of Election
Contests
EQ
Grounds for Election
Protest
IN MVP
i.
2.
3.
4.
Requisites for Quo
V ID 10
1.
1.
2.
3.
Election was Suspended before the hour fixed by law for
the closing of the voting
Election in any polling place was Not held on the date
fixed
Elections Results in a failure to elect (after the voting
and during the preparation and transmission of the
election returns or in the custody or canvass thereof).
There are material defects in the Election Returns
The ERs are tampered or falsified
There are discrepancies in the ERs
116 Election protest; and
III Quo Warranto
Intimidation
No padlock
Misappreciation
Violence
1 . Padding of votes
Filed by any registered Voter in the constituency;
Grounds:
W arranto
a. Ineligibility
b. Disloyalty to the Republic of the Philippines
2. Within 10 days from proclamation of results
LOCAL GOVERNMENT
Indicators for the
creation or
conversion of an
LGU
LIP
1.
2.
3.
Land
Income
Population
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Corporate powers of
an LGU
PSC3
When there is
Permanent Vacancy
F2V R 2DP
1. Acquire and convey real/personal Property
2. Sue and be sued
3. Continuous succession in its corporate name
4. Have and use a Corporate seal
5. Enter into Contracts
! 1. Elective local official Fills a higher vacant office
: 2. Refuses to assume office Fails to qualify
3. Voluntarily resigns
4. Refuses to assume office
5. Removed from office
6. Dies
7. Permanently incapacitated to discharge the functions of
his office
?
-
PUBLIC IN TE R N A TIO N A L LAW
Elements of Jus
Cogens
I l i i B i l 1. It can only be modified by a Subsequent norm having
the same character.
2. A norm Accepted and recognized by the international
community of states as a whole.
3. No Derogation is permitted.
Grounds for Invalidity DJ-FEC
of T reaty
Grounds for
Termination
RAINDO VEEL
1. Duress
2. Jus cogens
3. Fraud
4. Error of fact
5. Corruption
,J 1. Rebus sic stantibus
2. Accomplishment of purpose
3. Impossibility of performance
■ lllH B llil® :
5. Desistance of parties
6. Outbreak of war
7. Voidance of treaty
8. Extinction of one of parties, if treaty is bipartite
9. Expiration of Term
10. Loss of subject matter
end of topic
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