Doctrinal Updates
Political Law
Michael Vernon Guerrero Mendiola
2008
Shared under Creative Commons AttributionNonCommercial-ShareAlike 3.0 Philippines license.
Some Rights Reserved.
This document was prepared by
Michael Vernon M. Guerrero
for the Project Phoenix (2008)
of the Arellano University School of Law (AUSL)
under the direction of Atty. Jaime N. Soriano.
Compiled as PDF, July 2011.
Berne Guerrero entered AUSL in June 2002
and eventually graduated from AUSL in 2006.
He passed the Philippine bar examinations immediately after (April 2007).
www.berneguerrero.com
Doctrinal Updates (Atty. Berne Guerrero)
Doctrines declared and reiterated by the Supreme Court
Samples from January – September 2007
Constitutional Law I
Naturalization
Naturalization signifies the act of formally adopting a foreigner into the political body of a nation by clothing
him or her with the privileges of a citizen. Under current and existing laws, there are three ways by which an
alien may become a citizen by naturalization: (a) administrative naturalization pursuant to R.A. No. 9139; (b)
judicial naturalization pursuant to C.A. No. 473, as amended; and (c) legislative naturalization in the form of
a law enacted by Congress bestowing Philippine citizenship to an alien. (So vs. Republic, GR 170603, 29
January 2007; Third Division, Callejo Sr. J.)
The qualifications and disqualifications of an applicant for naturalization by judicial act are set forth in
Sections 2 and 4 of C.A. No. 473. On the other hand, Sections 3 and 4 of R.A. No. 9139 provide for the
qualifications and disqualifications of an applicant for naturalization by administrative act. Indeed, R.A. No.
9139 was enacted as a remedial measure intended to make the process of acquiring Philippine citizenship less
tedious, less technical and more encouraging. It likewise addresses the concerns of degree holders who, by
reason of lack of citizenship requirement, cannot practice their profession, thus promoting “brain gain” for the
Philippines. These however, do not justify [the] contention that the qualifications set forth in said law apply
even to applications for naturalization by judicial act. (So vs. Republic, GR 170603, 29 January 2007; Third
Division, Callejo Sr. J.)
C.A. No. 473 and R.A. No. 9139 are separate and distinct laws – the former covers all aliens regardless of
class while the latter covers native-born aliens who lived here in the Philippines all their lives, who never saw
any other country and all along thought that they were Filipinos; who have demonstrated love and loyalty to
the Philippines and affinity to the customs and traditions. To reiterate, the intention of the legislature in
enacting R.A. No. 9139 was to make the process of acquiring Philippine citizenship less tedious, less
technical and more encouraging which is administrative rather than judicial in nature. Thus, although the
legislature believes that there is a need to liberalize the naturalization law of the Philippines, there is nothing
from which it can be inferred that C.A. No. 473 was intended to be amended or repealed by R.A. No. 9139.
What the legislature had in mind was merely to prescribe another mode of acquiring Philippine citizenship
which may be availed of by native born aliens. The only implication is that, a native born alien has the choice
to apply for judicial or administrative naturalization, subject to the prescribed qualifications and
disqualifications. (So vs. Republic, GR 170603, 29 January 2007; Third Division, Callejo Sr. J.)
A naturalization proceeding is not a judicial adversary proceeding, and the decision rendered therein does not
constitute res judicata. A certificate of naturalization may be cancelled if it is subsequently discovered that the
applicant obtained it by misleading the court upon any material fact. Law and jurisprudence even authorize
the cancellation of a certificate of naturalization upon grounds or conditions arising subsequent to the granting
of the certificate. If the government can challenge a final grant of citizenship, with more reason can it appeal
the decision of the RTC within the reglementary period despite its failure to oppose the petition before the
lower court. (So vs. Republic, GR 170603, 29 January 2007; Third Division, Callejo Sr. J.)
Judicial Review
Locus Standi
Locus standi or legal standing has been defined as a personal and substantial interest in a case such that the
party has sustained or will sustain direct injury as a result of the governmental act that is being challenged.
The gist of the question of standing is whether a party alleges such personal stake in the outcome of the
controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the
court depends for illumination of difficult constitutional questions. (Anak Mindanao Party-List Group vs.
Executive Secretary, GR 166052, 29 August 2007; En Banc, Carpio-Morales J,)
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[A] party who assails the constitutionality of a statute must have a direct and personal interest. It must show
not only that the law or any governmental act is invalid, but also that it sustained or is in immediate danger of
sustaining some direct injury as a result of its enforcement, and not merely that it suffers thereby in some
indefinite way. It must show that it has been or is about to be denied some right or privilege to which it is
lawfully entitled or that it is about to be subjected to some burdens or penalties by reason of the statute or act
complained of. For a concerned party to be allowed to raise a constitutional question, it must show that (1) it
has personally suffered some actual or threatened injury as a result of the allegedly illegal conduct of the
government, (2) the injury is fairly traceable to the challenged action, and (3) the injury is likely to be
redressed by a favorable action. (Anak Mindanao Party-List Group vs. Executive Secretary, GR 166052, 29
August 2007; En Banc, Carpio-Morales J,)
be accorded standing on the ground of transcendental importance, Senate of the Philippines v. Ermita [G.R.
No. 169777, April 20, 2006, 488 SCRA 1] requires that the following elements must be established: (1) the
public character of the funds or other assets involved in the case, (2) the presence of a clear case of disregard
of a constitutional or statutory prohibition by the public respondent agency or instrumentality of government,
and (3) the lack of any other party with a more direct and specific interest in raising the questions being
raised. [Moreover,] Francisco, Jr. v. Fernando [G.R. No. 166501, November 16, 2006, 507 SCRA 173] more
specifically declares that the transcendental importance of the issues raised must relate to the merits of the
petition. (Anak Mindanao Party-List Group vs. Executive Secretary, GR 166052, 29 August 2007; En Banc,
Carpio-Morales J,)
Moot and Academic
The rule is well-settled that for a court to exercise its power of adjudication, there must be an actual case or
controversy — one which involves a conflict of legal rights, an assertion of opposite legal claims susceptible
of judicial resolution; the case must not be moot or academic or based on extra-legal or other similar
considerations not cognizable by a court of justice. Where the issue has become moot and academic, there is
no justiciable controversy, and an adjudication thereon would be of no practical use or value as courts do not
sit to adjudicate mere academic questions to satisfy scholarly interest, however intellectually challenging.
(Republic Telecommunications Holdings Inc. vs. Santiago, GR 140338, 7 August 2007; Second Division,
Tinga J.)
The “moot and academic” principle is not a magical formula that can automatically dissuade the courts in
resolving a case. Courts will decide cases, otherwise moot and academic, if: First, there is a grave violation of
the Constitution; Second, the exceptional character of the situation and the paramount public interest is
involved; Third, when 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. (Constantino
vs. Sandiganbayan, GR 140656, 13 September 2007; Second Division, Tinga J.)
Judicial Review
does the Constitution require a mandatory review by this Court of cases where the penalty imposed is
reclusion perpetua or life imprisonment. The constitutional provision quoted in Mateo merely gives this Court
jurisdiction over such cases. [Under Article VIII, Section 5 of the 1987 Constitution], only paragraphs (1) and
(2) speak of jurisdiction over cases. However, this Constitutional provision does not enumerate cases
involving mandatory review. Indeed, it would almost be silly to claim that this Court is mandatorily required
to review all cases in which the jurisdiction of any lower court is in issue. Instead, the significance of the
enumeration of this Court’s jurisdiction in paragraphs (1) and (2) is that while Section 2 of the same Article
VIII of the Constitution gives to Congress the power to define, prescribe and apportion the jurisdiction of
various courts, it denies to Congress the power to deprive this Court of jurisdiction over cases enumerated in
Section 5. (People vs. Rocha, GR 173797, 31 August 2007; Third Division, Chico-Nazario J.)
Separation of Powers
Principle
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Under the principle of separation of powers, Congress, the President, and the Judiciary may not encroach on
fields allocated to each of them. The legislature is generally limited to the enactment of laws, the executive to
the enforcement of laws, and the judiciary to their interpretation and application to cases and controversies.
The principle presupposes mutual respect by and between the executive, legislative and judicial departments
of the government and calls for them to be left alone to discharge their duties as they see fit. (Anak Mindanao
Party-List Group vs. Executive Secretary, GR 166052, 29 August 2007; En Banc, Carpio-Morales J,)
Reorganization
The Constitution confers, by express provision, the power of control over executive departments, bureaus and
offices in the President alone. And it lays down a limitation on the legislative power. The Constitution’s
express grant of the power of control in the President justifies an executive action to carry out reorganization
measures under a broad authority of law. (Anak Mindanao Party-List Group vs. Executive Secretary, GR
166052, 29 August 2007; En Banc, Carpio-Morales J,)
In enacting a statute, the legislature is presumed to have deliberated with full knowledge of all existing laws
and jurisprudence on the subject. It is thus reasonable to conclude that in passing a statute which places an
agency under the Office of the President, it was in accordance with existing laws and jurisprudence on the
President’s power to reorganize. (Anak Mindanao Party-List Group vs. Executive Secretary, GR 166052, 29
August 2007; En Banc, Carpio-Morales J,)
In establishing an executive department, bureau or office, the legislature necessarily ordains an executive
agency’s position in the scheme of administrative structure. Such determination is primary, but subject to the
President’s continuing authority to reorganize the administrative structure. As far as bureaus, agencies or
offices in the executive department are concerned, the power of control may justify the President to deactivate
the functions of a particular office. Or a law may expressly grant the President the broad authority to carry out
reorganization measures. The Administrative Code of 1987 is one such law. (Anak Mindanao Party-List
Group vs. Executive Secretary, GR 166052, 29 August 2007; En Banc, Carpio-Morales J,)
As provided by law, the President may transfer any agency under the Office of the President to any other
department or agency, subject to the policy in the Executive Office and in order to achieve simplicity,
economy and efficiency. (Anak Mindanao Party-List Group vs. Executive Secretary, GR 166052, 29 August
2007; En Banc, Carpio-Morales J,)
Pardon and clemency
This Court cannot review, much less preempt, the exercise of executive clemency under the pretext of
preventing the accused from evading the penalty of reclusion perpetua or from trifling with our judicial
system. Clemency is not a function of the judiciary; it is an executive function. Thus, it is the President, not
the judiciary, who should exercise caution and utmost circumspection in the exercise of executive clemency in
order to prevent a derision of the criminal justice system. (People vs. Rocha, GR 173797, 31 August 2007;
Third Division, Chico-Nazario J.)
Acts of State and its agents
The general rule is that the State cannot be put in estoppel or laches by the mistakes or errors of its officials or
agents. This rule, however, admits of exceptions. One exception is when the strict application of the rule will
defeat the effectiveness of a policy adopted to protect the public such as the Torrens system. (San Roque
Realty & Development Corp. vs. Republic, GR 163130, 7 September 2007; Third Division, Nachura J.)
[As] an exception to the general rule that estoppel cannot lie against the government. [t]he Republic v. Court
of Appeals,[361 Phil. 319, 329-333 (1999)] provides an illuminating discourse on when such an exception
applies, thus: “Estoppels against the public are little favored. They should not be invoked except in rare and
unusual circumstances, and may not be invoked where they would operate to defeat the effective operation of
a policy adopted to protect the public. They must be applied with circumspection and should be applied only
in those special cases where the interests of justice clearly require it. Nevertheless, the government must not
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be allowed to deal dishonorably or capriciously with its citizens, and must not play an ignoble part or do a
shabby thing; and subject to limitations x x x the doctrine of equitable estoppel may be invoked against public
authorities as well as against private individuals.” (Barstowe Philippines Corporation vs. Republic, GR
133110, 28 March 2007; Third Division, Chico-Nazario J.)
Congress
The formulation of State policy is a legislative concern. Hence, the primary judge of the necessity, adequacy,
wisdom, reasonableness and expediency of any law is primarily the function of the legislature. (NPC
Employees Consolidated Union vs. National Power Corporation, GR 144158, 24 April 2007; First Division,
Sandoval-Gutierrez J.)
Party-List
The Court rules that the claimed Ang Bagong Bayani and Bayan Muna formula has not modified the Veterans
formula. As a matter of fact, there was really no other formula approved by the Court other than the Veterans
formula in fixing the number of additional seats for the other qualified party-list groups. Also, in Partido ng
Manggagawa v. COMELEC, the Court found that the confusion in the computation of additional seats for the
other qualified party-list groups arose “[from] the way the Veterans formula was cited in the June 25, 2003
Resolution of the Court in Ang Bagong Bayani.” We reiterated that “the prevailing formula for the
computation of additional seats for party-list winners is the formula stated in the landmark case of Veterans x
x x.” (Citizen’s Battle Against Corruption vs. Commission on Elections, GR 172103, 13 April 2007; En Banc,
Velasco Jr. J.)
Ombudsman
The jurisdiction of the Ombudsman over disciplinary cases against government employees, which includes
public school teachers, is vested by no less than Section 12, Article XI of the Constitution. (Office of the
Ombudsman vs. Estandarte, GR 168670, 13 April 2007; Third Division, Callejo Sr. J.)
Investigate and prosecute
As a rule, the filing or non-filing of the information is primarily lodged within “the full discretion” of the
Ombudsman who is a constitutional officer. Under the Constitution, the Ombudsman “is charged with the
duty to [i]nvestigate on its own, or on complaint by any person, any act or omission of any public official,
employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.”
(Republic vs. Desierto, GR 135123, 22 January 2007; First Division, Azcuna J.)
Under Sections 12 and 13, Article XI of the 1987 Constitution and RA 6770 (The Ombudsman Act of 1989),
the Ombudsman has the power to investigate and prosecute any act or omission of a public officer or
employee when such act or omission appears to be illegal, unjust, improper or inefficient. It has been the
consistent ruling of the Court not to interfere with the Ombudsman’s exercise of his investigatory and
prosecutory powers as long as his rulings are supported by substantial evidence. Envisioned as the champion
of the people and preserver of the integrity of public service, he has wide latitude in exercising his powers and
is free from intervention from the three branches of government. This is to ensure that his Office is insulated
from any outside pressure and improper influence. (Presidential Ad Hoc Fact-Finding Committee on Behest
Loans vs. Desierto, GR 138142, 19 September 2007; First Division, Corona J.)
The Ombudsman has discretion to determine whether a criminal case, given its facts and circumstances,
should be filed or not. It is basically his call. He may dismiss the complaint forthwith should he find it to be
insufficient in form or substance or should he find it otherwise, to continue with the inquiry; or he may
proceed with the investigation if, in his view, the complaint is in due and proper form and substance.
(Presidential Ad Hoc Fact-Finding Committee on Behest Loans vs. Desierto, GR 138142, 19 September 2007;
First Division, Corona J.)
In Honasan II v. The Panel of Investigating Prosecutors of the Department of Justice,[G.R. No. 159747, April
13, 2004, 427 SCRA 46, 70-75] after a thorough review of law and jurisprudence, this Court comprehensively
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discussed the implications of the jurisdiction of the Office of the Ombudsman vis-à-vis the DOJ as to
preliminary investigation and prosecution of offenses committed by public officers and employees, viz:
“[T]he Constitution, Section 15 of the Ombudsman Act of 1989 and Section 4 of the Sandiganbayan Law, as
amended, do not give to the Ombudsman exclusive jurisdiction to investigate offenses committed by public
officers or employees. The authority of the Ombudsman to investigate offenses involving public officers or
employees is concurrent with other government investigating agencies such as provincial, city and state
prosecutors. However, the Ombudsman, in the exercise of its primary jurisdiction over cases cognizable by
the Sandiganbayan, may take over, at any stage, from any investigating agency of the government, the
investigation of such cases.” (Decin vs. Tayco, GR 149991, 14 February 2007; Third Division, AustriaMartinez J.)
Power to directly remove erring official
[T]he power of the Ombudsman to directly remove an erring public official has been jurisprudentially settled.
In Estarija v. Ranada, [G.R. No. 159314, June 26, 2006, 492 SCRA 652, it was] ruled: “The powers of the
Ombudsman are not merely recommendatory. His office was given teeth to render this constitutional body not
merely functional but also effective. Thus, we hold that under Republic Act No. 6770 and the 1987
Constitution, the Ombudsman has the constitutional power to directly remove from government service an
erring public official other than a member of Congress and the Judiciary.” (Office of the Ombudsman, GR
161098, 13 September 2007; First Division, Sandoval-Gutierrez J.; Also in Commission on Audit, Regional
Office 13, Butuan City vs. Hinampas, GR 158672, 7 August 2007; En Banc, Garcia J.)
In Ledesma v. Court of Appeals, [G.R. No. 161629, July 29, 2005, 465 SCRA 437, it was] held: “Several
reasons militate against a literal interpretation of the subject constitutional provision. Firstly, a cursory reading
of Tapiador reveals that the main point of the case was the failure of the complainant therein to present
substantial evidence to prove the charges of the administrative case. The statement that made reference to the
power of the Ombudsman is, at best, merely an obiter dictum and, as it is unsupported by sufficient
explanation, is susceptible to varying interpretations. Hence, it cannot be cited as a doctrinal declaration of
this Court nor is it safe from judicial examination.” In interpreting a statute, care should be given that every
part thereof be given effect. Hence, the use of the word “recommend” must be read in conjunction with the
words “ensure compliance therewith” in order not to run counter to the intention of the framers of the
Constitution to give the Ombudsman full and complete disciplinary authority, with powers that are not merely
persuasive in character. (Office of the Ombudsman, GR 161098, 13 September 2007; First Division,
Sandoval-Gutierrez J.)
Power to place a public officer under preventive suspension
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, otherwise known as the Ombudsman Act of 1989. Clear it is from the above that the law sets forth
two conditions that must be satisfied to justify the issuance of an order of preventive suspension pending an
investigation, to wit: (1) The evidence of guilt is strong; and (2) Either of the following circumstances coexist 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 vs. Valeroso, GR
167828, 2 April 2007; First Division, Garcia J.)
Special Prosecutor
[T]he Office of the Special Prosecutor is but a mere subordinate of the Ombudsman and is subject to his
supervision and control. In Perez v. Sandiganbayan,[G.R. No. 166062, September 26, 2006, 503 SCRA 252]
this Court held that control means “the power of an officer to alter or modify or nullify or set aside what a
subordinate officer had done in the performance of his duties and to substitute the judgment of the former for
that of the latter.” (Calingin vs. Desierto, GR 145743-89, 10 August 2007; First Division, Sandoval-Gutierrez
J.)
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Constitutional Law II
Eminent Domain
Subject matter of expropriation
[A]n easement of a right-of-way transmits no rights except the easement itself, and the respondents would
retain full ownership of the property taken. Nonetheless, the acquisition of such easement is not gratis. The
limitations on the use of the property taken for an indefinite period would deprive its owner of the normal use
thereof. For this reason, the latter is entitled to payment of a just compensation, which must be neither more
nor less than the monetary equivalent of the land taken.(National Power Corporation vs. Tiangco, GR 170846,
6 February 2007; First Division, Garcia J.)
While the power of eminent domain results in the taking or appropriation of title to, and possession of, the
expropriated property, no cogent reason appears why said power may not be availed of to impose only a
burden upon the owner of the condemned property, without loss of title and possession. However, if the
easement is intended to perpetually or indefinitely deprive the owner of his proprietary rights through the
imposition of conditions that affect the ordinary use, free enjoyment and disposal of the property or through
restrictions and limitations that are inconsistent with the exercise of the attributes of ownership, or when the
introduction of structures or objects which, by their nature, create or increase the probability of injury, death
upon or destruction of life and property found on the land is necessary, then the owner should be compensated
for the monetary equivalent of the land, in accordance with our ruling in NPC v. Manubay Agro-Industrial
[G.R. No. 150936, August 18, 2004, 437 SCRA 60]. (National Power Corporation vs. Tiangco, GR 170846, 6
February 2007; First Division, Garcia J.)
Taking
In eminent domain cases, the time of taking is the filing of the complaint, if there was no actual taking prior
thereto. (National Power Corporation vs. Tiangco, GR 170846, 6 February 2007; First Division, Garcia J.)
Just compensation
[E]minent domain cases are to be strictly construed against the expropriator. The payment of just
compensation for private property taken for public use is an indispensable requisite for the exercise of the
State’s sovereign power of eminent domain. Failure to observe this requirement renders the taking ineffectual,
notwithstanding the avowed public purpose. To disregard this limitation on the exercise of governmental
power to expropriate is to ride roughshod over private rights. (San Roque Realty & Development Corp. vs.
Republic, GR 163130, 7 September 2007; Third Division, Nachura J.)
[I]f the Republic had actually made full payment of just compensation, in the ordinary course of things, it
would have led to the cancellation of title, or at least, the annotation of the lien in favor of the government on
the certificate of title covering [the lot.] (San Roque Realty & Development Corp. vs. Republic, GR 163130, 7
September 2007; Third Division, Nachura J.)
Just compensation is to be determined as of the date of the taking of the property or the filing of the complaint
whichever comes first. (Romonafe Corporation vs. National Power Corporation, GR 168122, 30 January
2007; Second Division, Carpio-Morales J.)
Just compensation in Agrarian reform
[I]t is inequitable to determine the just compensation based solely on the formula provided by DAR A.O. No.
13, as amended. Thus, [the Court returns] to the guidelines provided under P.D. No. 27 and E.O. No. 228
since the same remained operative despite the passage of Republic Act No. 6657. On this score, E.O. No. 229,
which provides for the mechanism of Rep. Act No. 6657, specifically states: “(P)residential Decree No. 27, as
amended, shall continue to operate with respect to rice and corn lands, covered thereunder. …” However,
since just compensation embraces not only the correct determination of the amount to be paid to the owners of
the land, but also its payment within a reasonable time from the taking of the land, an interest [should be
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imposed] in the nature of damages for the delay. In line with current jurisprudence, [the Court] set the legal
interest at 12% per annum. (Land Bank of the Philippines vs. Imperial, GR 157753, 12 February 2007;
Second Division, Quisumbing J.)
[T]he taking of private lands under the agrarian reform program partakes of the nature of an expropriation
proceeding. In a number of cases, [the Court has] stated that just compensation in expropriation proceedings
represents the full and fair equivalent of the property taken from its owner by the expropriator. The measure is
not the taker’s gain, but the owner’s loss. To compensate is to render something which is equal in value to that
taken or received. (Land Bank of the Philippines vs. Imperial, GR 157753, 12 February 2007; Second
Division, Quisumbing J.)
Due Process
The essence of due process is the opportunity to be heard. What the law prohibits is not the absence of
previous notice but the absolute absence thereof and the lack of opportunity to be heard. At all events, the due
process guarantee cannot be invoked when no vested right has been acquired. (Espinocilla vs. Bagong Tanyag
Homeowners’ Association Inc., GR 151019, 9 August 2007; Second Division, Carpio-Morales J.)
Non-Impairment of Contracts
The Court has upheld in several cases the superiority of police power over the non-impairment clause. The
constitutional guaranty of non-impairment of contracts is limited by the exercise of the police power of the
State, in the interest of public health, safety, morals and general welfare. In Ortigas & Co., Limited
Partnership v. Feati Bank and Trust Co.,[No. L-24670, 14 December 1979, 94 SCRA 533] the Court held that
contractual restrictions on the use of property could not prevail over the reasonable exercise of police power
through zoning regulations. (United BF Homeowners’ Association Inc. Vs. The (Municipal) City Mayor,
Paranaque City, GR 141010, 7 February 2007; Second Division, Carpio J.)
Search and Seizure
[The] constitutional provisions against warrantless searches and seizures admit of certain exceptions, as
follows: (1) warrantless search incidental to a lawful arrest recognized under Section 12, Rule 126 of the
Rules of Court and by prevailing jurisprudence; (2) seizure of evidence in plain view; (3) search of a moving
vehicle; (4) consented warrantless search; (5) customs search; (6) stop and frisk; and (7) exigent and
emergency circumstances. (People vs. Tuazon, GR 175783, 3 September 2007; Third Division, Chico-Nazario
J.)
The Constitution grants the right against unreasonable seizures. The seizure and impounding of [a vehicle
involved in an accident], on [a policeman’s] request, were unquestionably violative of “the right to be let
alone” by the authorities as guaranteed by the Constitution. (Superlines Transportation Co. Inc. vs. Philippine
National Construction Company, GR 169596, 28 March 2007; Second Division, Carpio-Morales J.)
Moving vehicles
In the case of People v. Lo Ho Wing,[G.R. No. 88017, 21 January 1991, 193 SCRA 122, 128-129, the
Supreme] Court had the occasion to elucidate on the rationale for the exemption of searches of moving
vehicles from the requirement of search warrant, thus: “[T]he rules governing search and seizure have over
the years been steadily liberalized whenever a moving vehicle is the object of the search on the basis of
practicality. This is so considering that before a warrant could be obtained, the place, things and persons to be
searched must be described to the satisfaction of the issuing judge – a requirement which borders on the
impossible in the case of smuggling effected by the use of a moving vehicle that can transport contraband
from one place to another with impunity. We might add that a warrantless search of a moving vehicle is
justified on the ground that ‘it is not practicable to secure a warrant because the vehicle can be quickly moved
out of the locality or jurisdiction in which the warrant must be sought.’”(People vs. Tuazon, GR 175783, 3
September 2007; Third Division, Chico-Nazario J.)
[T]he exception from securing a search warrant when it comes to moving vehicles does not give the police
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authorities unbridled discretion to conduct a warrantless search of an automobile. To do so would render the
aforementioned constitutional stipulations inutile and expose the citizenry to indiscriminate police distrust
which could amount to outright harassment. Surely, the policy consideration behind the exemption of search
of moving vehicles does not encompass such arbitrariness on the part of the police authorities. In recognition
of the possible abuse, jurisprudence dictates that at all times, it is required that probable cause exist in order to
justify the warrantless search of a vehicle. (People vs. Tuazon, GR 175783, 3 September 2007; Third
Division, Chico-Nazario J.)
Plain view
Under the plain view doctrine, objects falling in the “plain view” of an officer who has a right to be in the
position to have that view are subject to seizure and may be presented as evidence. The “plain view” doctrine
applies when the following requisites concur: (a) the law enforcement officer in search of the evidence has a
prior justification for an intrusion or is in a position from which he can view a particular area; (b) the
discovery of the evidence in plain view is inadvertent; and (c) it is immediately apparent to the officer that the
item he observes may be evidence of a crime, contraband or otherwise subject to seizure. (Abenes vs. Court
of Appeals, GR 156320, 14 February 2007; Third Division, Austria-Martinez J.)
Freedom of Speech
Libel stands as an exception to one of the most cherished constitutional rights, that of free expression. While
libel laws ensure a modicum of responsibility in one’s own speech or expression, a prescribed legal standard
that conveniences the easy proliferation of libel suits fosters an atmosphere that inhibits the right to speak
freely. When such a prescribed standard is submitted for affirmation before this Court, as is done in this
petition, it must receive the highest possible scrutiny, as it may interfere with the most basic of democratic
rights. (Chavez vs. People, GR 125813, 6 February 2007; Second Division, Tinga J.)
Custodial investigation
A confession is admissible in evidence if it is satisfactorily shown to have been obtained within the limits
imposed by the 1987 Constitution. If the extrajudicial confession satisfies these constitutional standards, it
must further be tested for voluntariness, that is, if it was given freely by the confessant without any form of
coercion or inducement. Thus, the Court has consistently held that an extrajudicial confession, to be
admissible, must conform to the following requisites: 1) the confession must be voluntary; 2) the confession
must be made with the assistance of a competent and independent counsel, preferably of the confessant’s
choice; 3) the confession must be express; and 4) the confession must be in writing. If all the foregoing
requisites are met, the confession constitutes evidence of a high order because it is presumed that no person of
normal mind will knowingly and deliberately confess to a crime unless prompted by truth and conscience.
Otherwise, it is disregarded in accordance with the cold objectivity of the exclusionary rule. (People vs.
Rapeza, GR 169431, 3 April 2007; Second Division, Tinga J.)
The voluntariness of a confession may be inferred from its language such that if, upon its face, the confession
exhibits no suspicious circumstances tending to cast doubt upon its integrity, it being replete with details—
which could only be supplied by the accused–reflecting spontaneity and coherence, it may be considered
voluntary. (People vs. Rapeza, GR 169431, 3 April 2007; Second Division, Tinga J.)
In order to comply with the constitutional mandates, there should likewise be meaningful communication to
and understanding of his rights by the appellant, as opposed to a routine, peremptory and meaningless recital
thereof. Since comprehension is the objective, the degree of explanation required will necessarily depend on
the education, intelligence, and other relevant personal circumstances of the person undergoing investigation.
(People vs. Rapeza, GR 169431, 3 April 2007; Second Division, Tinga J.)
Settled is the rule that the moment a police officer tries to elicit admissions or confessions or even plain
information from a suspect, the latter should, at that juncture, be assisted by counsel, unless he waives this
right in writing and in the presence of counsel. (People vs. Rapeza, GR 169431, 3 April 2007; Second
Division, Tinga J.)
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[T]he purpose of providing counsel to a person under custodial investigation is to curb the police-state
practice of extracting a confession that leads appellant to make self-incriminating statements. And in the event
the accused desires to give a confession, it is the duty of his counsel to ensure that the accused understands
the legal import of his act and that it is a product of his own free choice. (People vs. Rapeza, GR 169431, 3
April 2007; Second Division, Tinga J.)
[If it] appears that [the lawyer’s] participation in the proceeding was confined to the notarization of
[accused’s] confession[, such] participation is not the kind of legal assistance that should be accorded to [the
accused] in legal contemplation. (People vs. Rapeza, GR 169431, 3 April 2007; Second Division, Tinga J.)
Writ of Habeas Corpus
The writ of habeas corpus applies to all cases of illegal confinement, detention or deprivation of liberty. It was
devised as a speedy and effective remedy to relieve persons from unlawful restraint. More specifically, it is a
remedy to obtain immediate relief for those who may have been illegally confined or imprisoned without
sufficient cause and thus deliver them from unlawful custody. It is therefore a writ of inquiry intended to test
the circumstances under which a person is detained. (Barredo vs. Vinarao, GR 168728, 2 August 2007; First
Division, Corona J.)
The writ may not be availed of when the person in custody is under a judicial process or by virtue of a valid
judgment. However, the writ may be allowed as a post-conviction remedy when the proceedings leading to
the conviction were attended by any of the following exceptional circumstances: (1) there was a deprivation
of a constitutional right resulting in the restraint of a person; (2) the court had no jurisdiction to impose the
sentence or (3) the imposed penalty was excessive, thus voiding the sentence as to such excess. (Barredo vs.
Vinarao, GR 168728, 2 August 2007; First Division, Corona J.)
While it is true that the extraordinary writ of habeas corpus is the appropriate remedy to inquire into questions
of violations of constitutional right, … [t]his Court has declared that habeas corpus is not the proper mode to
question conditions of confinement. As a rule, therefore, the writ of habeas corpus does not extend into
questions of conditions of confinement; but only to the fact and duration of confinement. The high prerogative
writ of habeas corpus was devised and exists as a speedy and effectual remedy to relieve persons from
unlawful restraint. Its object is to inquire into the legality of one’s detention, and if found illegal, to order the
release of the detainee. It is not a means for the redress of grievances or to seek injunctive relief or damages.
(Aquino vs. Esperon, GR 174994, 31 August 2007; Special Third Division, Chico-Nazario J.)
Visitation rights
[T]he Court had in the past underscored the “hands-off doctrine”—a deference given by courts to military
custodians over prison matters, especially on blanket restrictions on contact visit. In Alejano, [the Court] gave
reasons for the allowance of such restrictions, thus: “Block v. Rutherford [468 U.S. 576 (1984)], which
reiterated Bell v. Wolfish, upheld the blanket restriction on contact visits as this practice was reasonably
related to maintaining security. The safety of innocent individuals will be jeopardized if they are exposed to
detainees who while not yet convicted are awaiting trial for serious, violent offenses and may have prior
criminal conviction. Contact visits make it possible for the detainees to hold visitors and jail staff hostage to
effect escapes. Contact visits also leave the jail vulnerable to visitors smuggling in weapons, drugs, and other
contraband. The restriction on contact visit was imposed even on low-risk detainees as they could also
potentially be enlisted to help obtain contraband and weapons. The security consideration in the imposition of
blanket restriction on contact visits was ruled to outweigh the sentiments of the detainees. Block v. Rutherford
held that the prohibition of contact visits bore a rational connection to the legitimate goal of internal security.
This case reaffirmed the “hands-off” doctrine enunciated in Bell v. Wolfish, a form of judicial self-restraint,
based on the premise that courts should decline jurisdiction over prison matters in deference to administrative
expertise.” (Aquino vs. Esperon, GR 174994, 31 August 2007; Special Third Division, Chico-Nazario J.)
Administrative Law
Administrative remedies
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In Land Car, Inc. v. Bachelor Express Inc. and Vallacar Transit, Inc.,[G.R. No. 154377, December 8, 2003,
417 SCRA 307] the Court ruled that the doctrine of exhaustion of administrative remedies empowers the
[Office of the President] to review any determination or disposition of a department head. In fact, the doctrine
requires an administrative decision to first be appealed to the administrative superiors up to the highest level
before it may be elevated to a court of justice for review. Thus, if a remedy within the administrative
machinery can still be had by giving the administrative officer concerned every opportunity to decide on the
matter that comes within his jurisdiction, then such remedy should be priorly exhausted before the court’s
judicial power is invoked. (Department of Agrarian Reform vs. Uy, GR 169277, 9 February 2007; Third
Division, Callejo Sr. J.)
[A] party seeking an administrative remedy must not merely initiate the prescribed administrative procedure
to obtain relief, but also pursue it to its appropriate conclusion before seeking judicial intervention in order to
give the administrative agency an opportunity to decide the matter itself correctly and prevent unnecessary
and premature resort to court action. (Commissioner of Internal Revenue vs. Acosta, GR 154068, 3 August
2007; Second Division, Quisumbing J.)
Administrative agencies
Administrative agencies are tribunals of limited jurisdiction and as such, can only wield such powers as are
specifically granted to them by their enabling statutes. Section 4 of Executive Order No. 1008, provides [that]
“The CIAC shall have original and exclusive jurisdiction over disputes arising from, or connected with
contracts entered into by parties involved in construction in the Philippines, whether the dispute arises before
or after the completion of the contract, or after the abandonment or breach thereof. These disputes may
involve government or private contracts. For the Board to acquire jurisdiction, the parties to a dispute must
agree to submit the same to voluntary arbitration. The jurisdiction of the CIAC may include but is not limited
to violation of specifications for materials and workmanship, violation of the terms of agreement,
interpretation and/or application of contractual time and delays, maintenance and defects, payment, default of
employer or contractor and changes in contract cost. Excluded from the coverage of the law are disputes
arising from employer-employee relationships which continue to be covered by the Labor Code of the
Philippines. (Prudential Guarantee and Assurance Inc. vs. Equinox Land Corporation, GR 152505-06, 13
September 2007; First Division, Sandoval-Gutierrez J.)
Administrative agencies, like the COSLAP, are tribunals of limited jurisdiction and as such could wield only
such as are specifically granted to them by the enabling statutes. Under the law, the COSLAP has two options
in acting on a land dispute or problem lodged before it, namely: (a) refer the matter to the agency having
appropriate jurisdiction for settlement/resolution; or (b) assume jurisdiction if the matter is one of those
enumerated in paragraph 2(a) to (e) of the law, if such case is critical and explosive in nature, taking into
account the large number of parties involved, the presence or emergence of social unrest, or other similar
critical situations requiring immediate action. In resolving whether to assume jurisdiction over a case or to
refer the same to the particular agency concerned, the COSLAP has to consider the nature or classification of
the land involved, the parties to the case, the nature of the questions raised, and the need for immediate and
urgent action thereon to prevent injuries to persons and damage or destruction to property. The law does not
vest jurisdiction on the COSLAP over any land dispute or problem. The instances when COSLAP may
resolve land disputes are limited only to those involving public lands or lands of the public domain or those
covered with a specific license from the government such as a pasture lease agreement, a timber concession,
or a reservation grant. The Cuison property is private property, having been registered under the Torrens
system in the name of petitioner. Thus, the government has no more control or jurisdiction over it. The parties
claiming the Cuison property are herein petitioner and private respondents. None of them is a squatter, patent
lease agreement holder, government reservation grantee, public land claimant or occupant, or a member of
any cultural minority. The dispute between the parties was not critical and explosive in nature so as to
generate social tension or unrest, or a critical situation which required immediate action. (Cayabyab vs.
Gomez de Aquino, GR 159974, 5 September 2007; Third Division, Austria-Martinez J.)
Public Officers
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In Tecson v. Sandiganbayan, [376 Phil. 191, 198-199 (1999), the Court] ruled that: “[I]t is a basic principle of
the law on public officers that a public official or employee is under a three-fold responsibility for violation of
a duty or for a wrongful act or omission. This simply means that a public officer may be held civilly,
criminally, and administratively liable for a wrongful doing. Thus, if such violation or wrongful act results in
damages to an individual, the public officer may be held civilly liable to reimburse the injured party. If the
law violated attaches a penal sanction, the erring officer may be punished criminally. Finally, such violation
may also lead to suspension, removal from office, or other administrative sanctions. This administrative
liability is separate and distinct from the penal and civil liabilities.” (Apolinario vs. Flores, GR 152789, 22
January 2007; Second Division, Carpio J.)
Appointments
Appointments of non-eligibles in civil service
[A] permanent appointment can issue only to a person who possesses all the requirements for the position to
which he is being appointed, including the appropriate eligibility. Differently stated, as a rule, no person may
be appointed to a public office unless he or she possesses the requisite qualifications. The exception to the
rule is where, in the absence of appropriate eligibles, he or she may be appointed to it merely in a temporary
capacity. Such a temporary appointment is not made for the benefit of the appointee. Rather, an acting or
temporary appointment seeks to prevent a hiatus in the discharge of official functions by authorizing a person
to discharge the same pending the selection of a permanent appointee. In Cuadra v. Cordova,[103 Phil. 391
(1958)] this Court defined a temporary appointment as “one made in an acting capacity, the essence of which
lies in its temporary character and its terminability at pleasure by the appointing power.” Thus, the temporary
appointee accepts the position with the condition that he shall surrender the office when called upon to do so
by the appointing authority. Under Section 27 (2), Chapter 5, Subtitle A, Title I, Book V of the same Code, the
term of a temporary appointment shall be 12 months, unless sooner terminated by the appointing authority.
Such pre-termination of a temporary appointment may be with or without cause as the appointee serves
merely at the pleasure of the appointing power. (Civil Service Commission vs. Darangina, GR 167472, 31
January 2007; En Banc, Sandoval-Gutierrez J.)
[W]here a non-eligible holds a temporary appointment, his replacement by another non-eligible is not
prohibited. (Civil Service Commission vs. Darangina, GR 167472, 31 January 2007; En Banc, SandovalGutierrez J.)
Midnight appointments
The practice of outgoing local chief executives to issue “midnight” appointments, especially after their
successors have been proclaimed] does not only cause animosities between the outgoing and the incoming
officials, but also affects efficiency in local governance. Those appointed tend to devote their time and energy
in defending their appointments instead of attending to their functions. However, not all “midnight”
appointments are invalid. Each appointment must be judged on the basis of the nature, character, and merits of
the individual appointment and the circumstances surrounding the same. It is only when the appointments
were made en masse by the outgoing administration and shown to have been made through hurried maneuvers
and under circumstances departing from good faith, morality, and propriety that this Court has struck down
“midnight” appointments. (Sales vs. Carreon Jr., GR 160791, 13 February 2007; En Banc, Sandoval-Gutierrez
J.)
Appointing authority
The power of appointment involves considerations of wisdom which only the appointing authority can decide.
The CSC is not authorized to curtail or diminish the exercise of discretion of the appointing power on the
nature or kind of appointment to be extended. (Jaucian vs. Gen. Wycoco, GR 164710, 28 September 2007; En
Banc, Quisumbing J.)
It is State policy that “opportunities for government employment shall be open to all qualified citizens” and
“employees shall be selected on the basis of fitness to perform the duties and assume the responsibilities of
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the positions.”[6] It was precisely in order to ensure transparency and equal opportunity in the recruitment
and hiring of government personnel, that Republic Act No. 7041 was enacted. The CSC is required to publish
the lists of vacant positions and such publication shall be posted by the chief personnel or administrative
officer of all local government units in the designated places. The vacant positions may only be filled by the
appointing authority after they have been reported to the CSC as vacant and only after publication. (Sales vs.
Carreon Jr., GR 160791, 13 February 2007; En Banc, Sandoval-Gutierrez J.)
Public Accountability
in cash or in kind to the Government or any of its instrumentalities or agencies become government funds or
property. Even the proceeds of donations cannot be disbursed or disposed of except in accordance with law.
Some of the governing rules are found in the GAA, the Administrative Code of 1987, and the Government
Accounting and Auditing Manual. (Manhit vs. Office of the Ombudsman, GR 159349, 7 September 2007;
Second Division, Tinga J.)
Separation of employees from service
Civil Service Memorandum Circular No. 12 (Series of 1994) provides that an employee who goes on AWOL
for at least thirty (30) calendar days shall be dropped from the rolls without prior notice. (Jaucian vs. Gen.
Wycoco, GR 164710, 28 September 2007; En Banc, Quisumbing J.)
Under Section 46, Book V of Executive Order (E.O.) No. 292, one of the causes for separation from
government service of an officer or employee is mental incapacity. Separation from the service for such cause
is done by way of a disciplinary proceeding governed by Rule II of CSC Memorandum Circular No. 19, series
of 1999 (MC 19-99). The minimum procedural requirements thereof are: a) that notice of the charge be served
on the officer or employee; and, b) that the latter be given opportunity to be heard. While Section 46 of E.O.
No. 292 is silent on this matter, mental incapacity not arising from immoral or vicious habits is also a cause
for separation under Section 26 of E.O. No. 292 and Section 2(2), Article IX(B) of the 1987 Constitution,
which demand of government officers and employees continuing merit and fitness. Separation from the
service for such cause is carried out through a non-disciplinary process governed by CSC Memorandum
Circular No. 40, series of 1998 (MC 40-98). The only difference between the two modes of separation is that
the first carries administrative disabilities, such as forfeiture of retirement benefits and perpetual
disqualification from employment in the government service, while the second does not. But both result in
loss of employment – a property right protected under the due process clause. Hence, even if considered a
non-disciplinary mode of separation, dropping from the rolls due to mental incapacity not arising from
immoral or vicious habits is subject to the requirements of due process. (Romagos vs. Metro Cebu Water
District, GR 156100, 12 September 2007; Third Division, Austria-Martinez J.)
[B]efore an officer or employee may be dropped from the rolls for mental incapacity, the following elements
and process must obtain: first, that it has been observed that the subject officer or employee has been
behaving abnormally for an extended period; second, that it has been established through substantial evidence
that such abnormal behavior manifests a continuing mental disorder and incapacity to work; third, that a
written notice is issued by the subject’s immediate supervisor, describing the former’s continuing mental
disorder and incapacity to work and citing the reports of his co-workers or immediate supervisor, as
confirmed by the head of office; and finally, that another notice is issued by the appointing authority or head
of office, informing the subject of his separation from the service due to mental incapacity. Thus, a declaration
of mental disorder does not automatically translate to a judgment of mental incapacity to perform work. A
window remains open for the affected officer or employee to counter opinion on his mental condition and to
show that his ability to work remains unimpaired. Only then may the appointing authority or head of office
decide on whether said officer or employee is no longer mentally capable of performing his work and should
be discharged. These requirements are designed to obviate misuse of non-disciplinary modes of separation for
petty vengeance or vicious harassment. (Romagos vs. Metro Cebu Water District, GR 156100, 12 September
2007; Third Division, Austria-Martinez J.)
Election Laws
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COMELEC
[T]he Constitution invests the COMELEC with broad power to enforce and administer all laws and
regulations relative to the conduct of an election, plebiscite and other electoral exercises. In the discharge of
its legal duties, the COMELEC is provided by the law with tools, ample wherewithal, and considerable
latitude in adopting means that will ensure the accomplishment of the great objectives for which it was
created - to promote free, orderly and honest elections. Conceived by the charter as the effective instrument to
preserve the sanctity of popular suffrage, endowed with independence and all the needed concomitant powers,
COMELEC deserves to be accorded by the Court the greatest measure of presumption of regularity in its
course of action and choice of means in performing its duties, to the end that it may achieve its designed place
in the democratic fabric of our government. (Province of Agusan del Norte vs. Commission on Elections, GR
165080, 24 April 2007; En Banc, Garcia J.)
[As] stated in Tupay Loong v. COMELEC:[ G.R. No. 133676, April 14, 1999, 305 SCRA 832] “Too often,
COMELEC has to make snap judgments to meet unforeseen circumstances that threaten to subvert the will of
our voters. In the process, the actions of COMELEC may not be impeccable, indeed, may even be debatable.
We cannot, however, engage in a swivel chair criticism of these actions often taken under very difficult
circumstances.” (Province of Agusan del Norte vs. Commission on Elections, GR 165080, 24 April 2007; En
Banc, Garcia J.)
Consistent with its broad powers to enforce and administer all election laws, the Comelec has power of
supervision and control over the boards of election inspectors and canvassers. This power includes the
authority to relieve any member thereof for cause or, as in this case, to appoint a substitute. (Province of
Agusan del Norte vs. Commission on Elections, GR 165080, 24 April 2007; En Banc, Garcia J.)
Certificate of Candidacy
Labo, Jr. v. COMELEC,[G.R. No. 105111 and G.R. No. 105384, 3 July 1992, 211 SCRA 297] which
enunciates the doctrine on the rejection of the second placer, does not apply to the case [of Cayat vs.
Commission on Elections, GR 163776, 24 April 2007; En Banc, Carpio J.] because in Labo there was no final
judgment of disqualification before the elections. The doctrine on the rejection of the second placer was
applied in Labo and a host of other cases because the judgment declaring the candidate’s disqualification in
Labo and the other cases had not become final before the elections. To repeat, Labo and the other cases
applying the doctrine on the rejection of the second placer have one common essential condition — the
disqualification of the candidate had not become final before the elections.
The law expressly declares that a candidate disqualified by final judgment before an election cannot be voted
for, and votes cast for him shall not be counted. This is a mandatory provision of law. (Cayat vs. Commission
on Elections, GR 163776, 24 April 2007; En Banc, Carpio J.)
To allow a candidate disqualified by final judgment 23 days before the elections to be voted for and have his
votes counted is a blatant violation of a mandatory provision of the election law. It creates confusion in the
results of the elections and invites needless new litigations from a candidate whose disqualification had long
become final before the elections. The doctrine on the rejection of the second placer was never meant to apply
to a situation where a candidate’s disqualification had become final before the elections. (Cayat vs.
Commission on Elections, GR 163776, 24 April 2007; En Banc, Carpio J.)
Under Rule 23 of the 1993 COMELEC Rules of Procedure, a petition to deny due course to or cancel a
certificate of candidacy shall be heard summarily after due notice. The law mandates that the candidates must
be notified of the petition against them and should be given the opportunity to present evidence on their
behalf. This is the essence of due process. (Luna vs. Commission on Elections, GR 165983, 23 April 2007; En
Banc, Carpio J.)
When a candidate files his certificate of candidacy, the COMELEC has a ministerial duty to receive and
acknowledge its receipt. (Luna vs. Commission on Elections, GR 165983, 23 April 2007; En Banc, Carpio J.)
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The Election Code allows a person who has filed a certificate of candidacy to withdraw the same prior to the
election by submitting a written declaration under oath. There is no provision of law which prevents a
candidate from withdrawing his certificate of candidacy before the election. (Luna vs. Commission on
Elections, GR 165983, 23 April 2007; En Banc, Carpio J.)
The COMELEC may not, by itself, without the proper proceedings, deny due course to or cancel a certificate
of candidacy filed in due form. In Sanchez v. Del Rosario,[111 Phil. 733 (1961).] the Court ruled that the
question of eligibility or ineligibility of a candidate for non-age is beyond the usual and proper cognizance of
the COMELEC. Section 74 of the Election Code provides that the certificate of candidacy shall state, among
others, the date of birth of the person filing the certificate. Section 78 of the Election Code provides that in
case a person filing a certificate of candidacy has committed false material representation, a verified petition
to deny due course to or cancel the certificate of candidacy of said person may be filed at any time not later
than 25 days from the time of filing of the certificate of candidacy. (Luna vs. Commission on Elections, GR
165983, 23 April 2007; En Banc, Carpio J.)
Ballots
A ballot indicates the voter’s will. There is no requirement that the entries in the ballot be written nicely or
that the name of the candidate be spelled accurately. In the reading and appreciation of ballots, every ballot is
presumed valid unless there is a clear reason to justify its rejection. The object in the appreciation of ballots is
to ascertain and carry into effect the intention of the voter, if it can be determined with reasonable certainty.
When placed in issue, as in this case, the appreciation of contested ballots and election documents which
involves a question of fact, is best left to the determination of the COMELEC. (Juan vs. Commission on
Elections, GR 166639, 24 April 2007; En Banc, Nachura J.)
The appreciation of the contested ballots and election documents involves a question of fact best left to the
determination of the COMELEC, a specialized agency tasked with the supervision of elections all over the
country, as it is the constitutional commission vested with the exclusive original jurisdiction over election
contests involving regional, provincial and city officials, as well as appellate jurisdiction over election
protests involving elective municipal and barangay officials. In the absence of grave abuse of discretion or
any jurisdictional infirmity or error of law, the factual findings, conclusions, rulings, and decisions rendered
by the said Commission on matters falling within its competence shall not be interfered with by [the
Supreme] Court. (Balingit vs. Commission on Elections, GR 170300, 9 February 2007; En Banc, AustriaMartinez J.)
Marked ballots
In order for a ballot to be considered marked, in the sense necessary to invalidate it, it must appear that the
voter designedly placed some superfluous sign or mark on the ballot which might serve to identify it
thereafter. No ballot should be discarded as a marked ballot unless its character as such is unmistakable. The
distinguishing mark which the law forbids to be placed on the ballots is that which the elector may have
placed with the intention of facilitating the means of identifying said ballot, for the purpose of defeating the
secrecy of suffrage which the law establishes. Thus, marked ballots are ballots containing distinguishing
marks, the purpose of which is to identify them. (Perman vs. Commission on Elections, GR 174010, 8
February 2007; En Banc, Tinga J.)
In Ong v. Commission on Elections,[G.R. No. 144197, December 13, 2000, 347 SCRA 681, the Court] held
that big bold letters that occupy all the spaces for the specific position should be invalidated, inasmuch as this
evinces an evident intent to mark the ballot. (Cundangan vs. Commission on Elections, GR 174392, 28
August 2007; En Banc, Quisumbing J.)
[T]he distinction should always be between marks that were apparently carelessly or innocently made, which
do not invalidate the ballot, and marks purposely placed thereon by the voter with a view to possible future
identification, which invalidates it. The marks which shall be considered sufficient to invalidate the ballot are
those which the voter himself deliberately placed on his ballot for the purpose of identifying it thereafter.
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(Villagracia vs. Commission on Elections, GR 168296, 31 January 2007; En Banc, Puno CJ.)
Written by one person
In Cundangan vs. Commission on Elections, GR 174392, 28 August 2007, the 89 contested ballots could not
have been WBOP [i.e. Written By One Person], considering that there were differences in how particular
letters in each of the said ballots were written.
Neighborhood rule
Cundangan vs. Commission on Elections, GR 174392, 28 August 2007, the COMELEC likewise correctly
counted the two claimed ballots in favor of Chua by reason of the neighborhood rule, considering that the
name of Chua was written on the first space for Kagawads and that the space for Punong Barangay was left
blank.
Hearing of Election Cases
Election cases must be heard and decided first in division, and any motion for reconsideration of decisions
shall be decided by the Commission en banc. The procedure for disposition of motions for reconsideration in
the COMELEC is found in Rule 19 of the COMELEC Rules of Procedure. Sections 5 and 6 of Rule 19
[Motions for Reconsideration] state [that] “Sec. 5. How Motion for Reconsideration Disposed Of. - Upon the
filing of a motion to reconsider a decision, resolution, order or ruling of a Division, the Clerk of Court
concerned shall, within twenty-four (24) hours from the filing thereof, notify the Presiding Commissioner.
The latter shall within two (2) days thereafter certify the case to the Commission en banc”; [and] “Sec. 6.
Duty of Clerk of Court of Commission to Calendar Motion for Resolution. - The Clerk of Court concerned
shall calendar the motion for reconsideration for the resolution of the Commission en banc within ten (10)
days from the certification thereof” [respectively]. (San Juan vs. Commission on Elections, GR 170908, 24
August 2007; En Banc, Quisumbing J)
Failure of Elections
The jurisdiction of the COMELEC En Banc over a petition to declare a failure of elections has been affirmed
by this Court which ruled that a petition to declare a failure of elections is neither a pre-proclamation
controversy nor an election case. A prayer to annul election results and a prayer to declare failure of elections
based on allegations of fraud, terrorism, violence or analogous causes are actually of the same nature and are
denominated similarly in the Omnibus Election Code. (Mutilan vs. Commission on Elections, GR 171248, 2
April 2007; En Banc, Carpio J.)
While automatic elevation of a case erroneously filed with the Division to En Banc is not provided in the
COMELEC Rules of Procedure, such action is not prohibited. Section 4 [Means to Effect Jurisdiction], Rule 2
of the COMELEC Rules of Procedure provides “All auxiliary writs, processes and other means necessary to
carry into effect its powers or jurisdiction may be employed by the Commission; and if the procedure to be
followed in the exercise of such power or jurisdiction is not specifically provided for by law or these rules,
any suitable process or proceeding may be adopted.” (Mutilan vs. Commission on Elections, GR 171248, 2
April 2007; En Banc, Carpio J.)
Pre-proclamation Controversies
[I]t is a well-established rule in pre-proclamation cases that the Board of Canvassers is without jurisdiction to
go beyond what appears on the face of the election return. The rationale is that a full reception of evidence
aliunde and the meticulous examination of voluminous election documents would run counter to the summary
nature of a pre-proclamation controversy. However, this rule is not without any exception. In Lee v.
Commission on Elections, we held as follows: “[this rule] presupposes that the returns ‘appear to be authentic
and duly accomplished on their face.’ Where, as in the case at bar, there is a prima facie showing that the
return is not genuine, several entries having been omitted in the questioned election return, the doctrine does
not apply. The COMELEC is thus not powerless to determine if there is basis for the exclusion of the
questioned election return.” (Ewoc vs. Commission on Elections, GR 171882, 3 April 2007; En Banc,
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Quisumbing J.)
While this Court has already stressed that public policy frowns on “grab-the-proclamation-prolong-the
protest” attempts, this policy however, has to be balanced against the clear and present dangers created by a
lengthy period of non-proclamation of winners, a period commonly fraught with tension and danger for the
public at large. (Ewoc vs. Commission on Elections, GR 171882, 3 April 2007; En Banc, Quisumbing J.)
Election Contests
Construction of Laws
[I]n Jaramilla v. Commission on Elections,[G.R. No. 155717, October 23, 2003, 414 SCRA 337] the Court
held that laws governing election contests must be liberally construed to the end that the will of the people in
the choice of public officials may not be defeated by mere technical objections. It is highly imperative that the
will of the electorate be determined, and technicalities dispensed with if it hampers such determination. A
stubborn subservience to technicalities that would result in upholding a patently void proclamation will never
be allowed by [the Supreme] Court. (Manago vs. Commission on Elections, GR 167224, 21 September 2007;
En Banc, Quisumbing J.)
Election, returns, and qualifications
The phrase “election, returns, and qualifications” should be interpreted in its totality as referring to all matters
affecting the validity of the contestee’s title. But if it is necessary to specify, we can say that “election”
referred to the conduct of the polls, including the listing of voters, the holding of the electoral campaign, and
the casting and counting of votes; “returns” to the canvass of the returns and the proclamation of the winners,
including questions concerning the composition of the board of canvassers and the authenticity of the election
returns; and “qualifications” to matters that could be raised in a quo warranto proceeding against the
proclaimed winner, such as his disloyalty or ineligibility or the inadequacy of his certificate of candidacy.
(Vinzons-Chato vs. Commission on Elections, GR 172131, 2 April 2007; En Banc, Callejo Sr. J.)
HRET
With respect to the House of Representatives, it is the House of Representatives Electoral Tribunal (HRET)
that has the sole and exclusive jurisdiction over contests relative to the election, returns and qualifications of
its members. The use of the word “sole” in Section 17, Article VI of the Constitution and in Section 250 of the
Omnibus Election Code underscores the exclusivity of the Electoral Tribunals’ jurisdiction over election
contests relating to its members. (Vinzons-Chato vs. Commission on Elections, GR 172131, 2 April 2007; En
Banc, Callejo Sr. J.)
Public Corporations
Local Government
Sec. 61(c) of R.A. 7160, otherwise known as the Local Government Code, reads “A complaint against any
elective barangay official shall be filed before the sangguniang panlungsod or Sangguniang Bayan concerned
whose decision shall be final and executory.” The “final and executory” phrase used in the immediatelyquoted provision was construed in Mendoza v. Laxina, Sr.[453 Phil. 1013 (2003)] to be “immediately
executory,” albeit the respondent may appeal the adverse decision to the proper office. (Don vs. Lacsa, GR
170810, 7 August 2007; Second Division, Carpio-Morales J.)
Public Corporation
The fact that a certain juridical entity is impressed with public interest does not, by that circumstance alone,
make the entity a public corporation, inasmuch as a corporation may be private although its charter contains
provisions of a public character, incorporated solely for the public good. This class of corporations may be
considered quasi-public corporations, which are private corporations that render public service, supply public
wants, or pursue other eleemosynary objectives. While purposely organized for the gain or benefit of its
members, they are required by law to discharge functions for the public benefit. Examples of these
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Doctrinal Updates (Atty. Berne Guerrero)
corporations are utility, railroad, warehouse, telegraph, telephone, water supply corporations and
transportation companies. It must be stressed that a quasi-public corporation is a species of private
corporations, but the qualifying factor is the type of service the former renders to the public: if it performs a
public service, then it becomes a quasi-public corporation. (Philippine Society for the Prevention of Cruelty to
Animals vs. Commission on Audit, GR 169752, 25 September 2007; En Banc, Austria-Martinez, J.)
Public International Law
Act of state doctrine
The act of state doctrine is one of the methods by which States prevent their national courts from deciding
disputes which relate to the internal affairs of another State, the other two being immunity and nonjusticiability It is an avoidance technique that is directly related to a State’s obligation to respect the
independence and equality of other States by not requiring them to submit to adjudication in a national court
or to settlement of their disputes without their consent. It requires the forum court to exercise restraint in the
adjudication of disputes relating to legislative or other governmental acts which a foreign State has performed
within its territorial limits. (PCGG vs. Sandiganbayan, GR 124772, 14 August 2007; Second Division, Tinga
J.)
Person as valid subject of international law
Court cannot ignore the following trends in international law: (1) the growing importance of the individual
person in public international law who, in the 20th century, has gradually attained global recognition; (2) the
higher value now being given to human rights in the international sphere; (3) the corresponding duty of
countries to observe these universal human rights in fulfilling their treaty obligations; and (4) the duty of this
Court to balance the rights of the individual under our fundamental law, on one hand, and the law on
extradition, on the other. The modern trend in public international law is the primacy placed on the worth of
the individual person and the sanctity of human rights. Slowly, the recognition that the individual person may
properly be a subject of international law is now taking root. The vulnerable doctrine that the subjects of
international law are limited only to states was dramatically eroded towards the second half of the past
century. For one, the Nuremberg and Tokyo trials after World War II resulted in the unprecedented spectacle
of individual defendants for acts characterized as violations of the laws of war, crimes against peace, and
crimes against humanity. Recently, under the Nuremberg principle, Serbian leaders have been persecuted for
war crimes and crimes against humanity committed in the former Yugoslavia. These significant events show
that the individual person is now a valid subject of international law. (Government of Hong Kong Special
Administrative Region vs. Olalia Jr., GR 153675, 19 April 2007; En Banc, Sandoval-Gutierrez J.)
Adherence to convention on human rights
The Philippines, along with the other members of the family of nations, committed to uphold the fundamental
human rights as well as value the worth and dignity of every person. This commitment is enshrined in Section
II, Article II of our Constitution which provides: “The State values the dignity of every human person and
guarantees full respect for human rights.” The Philippines, therefore, has the responsibility of protecting and
promoting the right of every person to liberty and due process, ensuring that those detained or arrested can
participate in the proceedings before a court, to enable it to decide without delay on the legality of the
detention and order their release if justified. In other words, the Philippine authorities are under obligation to
make available to every person under detention such remedies which safeguard their fundamental right to
liberty. These remedies include the right to be admitted to bail. (Government of Hong Kong Special
Administrative Region vs. Olalia Jr., GR 153675, 19 April 2007; En Banc, Sandoval-Gutierrez J.)
Extradition
Extradition has been characterized as the right of a foreign power, created by treaty, to demand the surrender
of one accused or convicted of a crime within its territorial jurisdiction, and the correlative duty of the other
state to surrender him to the demanding state. It is not a criminal proceeding. Even if the potential extraditee
is a criminal, an extradition proceeding is not by its nature criminal, for it is not punishment for a crime, even
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Doctrinal Updates (Atty. Berne Guerrero)
though such punishment may follow extradition. It is sui generis, tracing its existence wholly to treaty
obligations between different nations. It is not a trial to determine the guilt or innocence of the potential
extraditee. Nor is it a full-blown civil action, but one that is merely administrative in character. Its object is to
prevent the escape of a person accused or convicted of a crime and to secure his return to the state from which
he fled, for the purpose of trial or punishment. (Government of Hong Kong Special Administrative Region vs.
Olalia Jr., GR 153675, 19 April 2007; En Banc, Sandoval-Gutierrez J.)
[W]hile extradition is not a criminal proceeding, it is characterized by the following: (a) it entails a
deprivation of liberty on the part of the potential extraditee and (b) the means employed to attain the purpose
of extradition is also “the machinery of criminal law.” This is shown by Section 6 of P.D. No. 1069 (The
Philippine Extradition Law) which mandates the “immediate arrest and temporary detention of the accused” if
such “will best serve the interest of justice.” We further note that Section 20 allows the requesting state “in
case of urgency” to ask for the “provisional arrest of the accused, pending receipt of the request for
extradition;” and that release from provisional arrest “shall not prejudice re-arrest and extradition of the
accused if a request for extradition is received subsequently.” (Government of Hong Kong Special
Administrative Region vs. Olalia Jr., GR 153675, 19 April 2007; En Banc, Sandoval-Gutierrez J.)
Obviously, an extradition proceeding, while ostensibly administrative, bears all earmarks of a criminal
process. A potential extraditee may be subjected to arrest, to a prolonged restraint of liberty, and forced to
transfer to the demanding state following the proceedings. “Temporary detention” may be a necessary step in
the process of extradition, but the length of time of the detention should be reasonable. (Government of Hong
Kong Special Administrative Region vs. Olalia Jr., GR 153675, 19 April 2007; En Banc, Sandoval-Gutierrez
J.)
If bail can be granted in deportation cases, we see no justification why it should not also be allowed in
extradition cases. Likewise, considering that the Universal Declaration of Human Rights applies to
deportation cases, there is no reason why it cannot be invoked in extradition cases. After all, both are
administrative proceedings where the innocence or guilt of the person detained is not in issue. Clearly, the
right of a prospective extraditee to apply for bail in this jurisdiction must be viewed in the light of the various
treaty obligations of the Philippines concerning respect for the promotion and protection of human rights.
Under these treaties, the presumption lies in favor of human liberty. Thus, the Philippines should see to it that
the right to liberty of every individual is not impaired. (Government of Hong Kong Special Administrative
Region vs. Olalia Jr., GR 153675, 19 April 2007; En Banc, Sandoval-Gutierrez J.)
While our extradition law does not provide for the grant of bail to an extraditee, however, there is no
provision prohibiting him or her from filing a motion for bail, a right to due process under the Constitution.
(Government of Hong Kong Special Administrative Region vs. Olalia Jr., GR 153675, 19 April 2007; En
Banc, Sandoval-Gutierrez J.)
In extradition proceeding being sui generis, the standard of proof required in granting or denying bail can
neither be the proof beyond reasonable doubt in criminal cases nor the standard of proof of preponderance of
evidence in civil cases. While administrative in character, the standard of substantial evidence used in
administrative cases cannot likewise apply given the object of extradition law which is to prevent the
prospective extraditee from fleeing our jurisdiction. In his Separate Opinion in Purganan, then Associate
Justice, now Chief Justice Reynato S. Puno, proposed that a new standard which he termed “clear and
convincing evidence” should be used in granting bail in extradition cases. According to him, this standard
should be lower than proof beyond reasonable doubt but higher than preponderance of evidence. The potential
extraditee must prove by “clear and convincing evidence” that he is not a flight risk and will abide with all the
orders and processes of the extradition court. (Government of Hong Kong Special Administrative Region vs.
Olalia Jr., GR 153675, 19 April 2007; En Banc, Sandoval-Gutierrez J.)
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