1) Constitution deemed written in every statute and contract

2) There is a presumption that all provisions are self-executing. In order to be

one:
a. Supplies sufficient rule whereby the right it grants may be
protected
b. Liability imposed are fixed by the Constitution
3) Modes
a.
b.
c.

of proposing A/R?
Congress as CON ASS
CONCON
Peoples Initiative

4) Effect of declaration of unconstitutionality?

a. GR: void law/ea produces no effect
b. Exception: operative fact
i. nullifies void law but sustains effects of acts done in GF
ii. In DAP, consequences can no longer be undone
iii. Does not apply in admin level
5) Association is formed when two states of unequal power voluntarily
establish durable links whereby the associate delegates responsibilities to
the principal while maintaining its international status as a state. Such
concept is not recognized by the PH.
6) RA 9522 is not unconstitutional. It is a statutory tool to demarcate the
countrys maritime zones and continental shelf under UNLCOS III, not to
delineate PH territory.
7) State cannot be sued without its consent EXCEPT Suability of the state
did not necessarily mean its liability.
8) Soft law does not fall into any of the categories of international law set forth in Article
38, Chapter III of the 1946 Statute of the International Court of Justice. It is, however,
an expression of non-binding norms, principles, and practices that influence state
behavior
9) The TESTS in delegation of legislative power are:
a. Completeness test complete in terms and conditions and there is
nothing left to do but enforce it
b. Sufficient standard test guidelines on authority of the delegate
10) PARTY LIST:
a. not exclusively sectoral
b. includes sectoral and non-sectoral both cannot compete in
legislative district elections but can in nationwide elections
c. PLS composed of:
i. National parties or organizations
ii. Regional parties or organizations
iii. Sectoral parties or organizations
d. National and regional parties need not be organized along sectoral
lines and need not represent marginalized and underrepresented
sectors
e. Political party group of citizens advocating an ideology for the
general conduct of government
f. Sectoral party group of citizens belonging to a sector whose
principal advocacy pertains the special interest and concerns of
their sector
g. For economically marginalized and underrepresented sectors:

i. Majority members must belong to such sector

ii. Nominee must belong to the sector OR must have a track
record of advocacy for the sector represented
h. Elderly, women and youth need not be marginalized. lack welldefined political constituency
11) Electoral Tribunal in Congress shall be the sole judge of contest relating to
qualifications of the members of the HoR. (Party list members are
elected members) As to district reps, once proclaimed AND taken oath
AND assumed office, HRETs jurisdiction begins.
12) APPROPRIATION
a. Budget proposal by Prez to Congress
b. Vested with legislature
c. Originate exclusively in the HoR
d. Senate has option to concur or propose amendments
e. Appropriation act may be objected to by way of presidential veto
f. Release of funds and payment vested with executive
g. Congress may not increase the appro reco by the Prez
13) Pork barrel includes 2 kinds of lump-sum discretionary funds:
a. Congressional pork barrel
b. Presidential pork barrel (malampaya & President social fund from
PAGCOR)
c. Unconsti
i. Violated separation of powers conferred to legislators
personally the power of appropriation
ii. Denied the president power to veto
iii. Subverted local autonomy
iv. Non-delegation of legislative power
14) REQS for valid transfer of appropriated funds:
a. Prez, sen prez, speakr, CK, heads of concom may transfer within
their offices
b. Funds are savings generate from the appropriations of their
respective offices
c. Purpose is to augment an item in the general appropriations law
15) Legislative inquiry and oversight function
a. Presidential communications privilege
b. Department heads are not exempt by the mere fact of their
position.
16) Calling-out powers is exclusive to the president.
17) Pardon (personal) vs Amnesty (majority concurrence)
18) Diplomatic Power no treaty or international agreement shall be valid and
effective unless concurred by at least 2/3 of all members of Senate,
national referendum if Congress requires, AND such treaty is recognized by
the other state
19) In times of national emergency, when public interest requires, the state
may during the emergency and under reasonable terms, tempo take over
privately owned public utility or business affected with public interest
20) delegation of taxing power as to tariff rates, import/export quota and
other duties

21) Judicial inquiry:

a. actual case or controversy
b. locus standi
i. personal and substantial interest
ii. relaxed in:
1. transcendental importance
2. overreaching significance to society
3. paramount public interest
c. raised at the earliest opportunity
d. issue of constitutionality must be the very lis mota

22) Court
a.
b.
c.
d.

will decide case otherwise moot IF:

grave violation of the constitution
exceptional character and paramount public interest is involved
consti issue raised requires formulation of controlling principles
case is capable of repetition yet evading review

23) Political question are those which are to be decided by the people in their
sovereign capacity OR in regard to which full discretionary authority has
been delegated to the legislative or executive branch of the government.
IT is concerned with issued dependent upon the wisdom, not legality.
24) Unlike in the past constitutions where procedural rules may be repealed
by congress, such power was removed in the 1987 constitution. The SC
has the sole authority to promulgate rules of procedure in all courts.
25) Fiscal autonomy of Judiciary legislative cannot waive legal fees for
GOCCs
a. judiciary development fund
b. special allowance for the judiciary fund
26) Conduct of pre-audit is not a mandatory duty that this court may compel
the COA to perform. COA has the discretion to define the scope of its audit
examination.
27) Decisions and orders by COA in its quasi-judicial capacity is reviewable by
certiorari
28) What the law abhors is an absolute lack of opportunity to be heard
29) Strict Scrutiny Test is used to assess the validity of laws dealing with
speech, gender, race and equal protection. The burden is on the
government to prove that the classification is necessary to achieve state
interest.
30) Valid warrant of arrest must describe the place and person/things to be
seized
31) 4 Aspects of Press Freedom
a. from prior restraint
b. from punishment subsequent to publication
c. freedom of access of information
d. freedom of circulation
32) Content-based restrictions are imposed because of the content and thus
subject to clear-and-present danger test. Content-neutral restrictions have
nothing to do with the content but rather incidents such as time, place and
manner. A government regulation is justified IF:

a.
b.
c.
d.

within consti powers

furthers substantial governmental interest
such interest is unrelated to the suppression of free expression
incidental restriction on speech/expression/press is no greater than
is essential to the furtherance of that interest

33) Overbreadth Doctrine Regulations may not be achieved by means which

sweep unnecessarily broadly and thereby invade area of protected
freedoms. Petitioners have the burden to prove such.
a. As-applied challenge assails consti of statute only if he asserts a
violation of his own rights
b. Facial challenge examination of law not only on the basis of its
actual operation to parties but also the assumption that its very
existence may cause others to refrain from speech or other consti
protected activities. ONLY free speech, religious freedom, and other
fundamental rights maybe facially challenged. In the area of
criminal law, the law cannot take chances.
34) Clear and present danger as to the change of venue, Mayor should
inform applicant who must be heard on the matter
35) SPAM advertisements are legitimate forms of expression. The recipient has
the option to delete or not read them.
36) Element of engaging in business is necessary to constitute illegal cybers
37) Non-establishment calls for government neutrality in religious matters
38) Moral disapproval without more, cannot justify exclusion of LADLAD from
party-list as this would violate equal protection clause
39) Conscientious objector with regard to RH law classified by private or public
professionals.
40) Right to travel is not absolute, if for interest of national security, public
safety, health or as may be provided by law. Travelling abroad without
having been officially allowed by Court, in the exercise of regulation and
not restriction, would render a judge liable for OCA Circular 49-2003
41) Full public disclosure extends only to transactions involving public interest
and may also be subject to reasonable conditions prescribed by law.
EXCEPTIONS:
a. national security matters
b. trade secrets
c. criminal matters prior to arrest
d. confidential information such as closed-door cabinet meetings
42) Duty to disclose sprang from the right to know. The former is a command
while the latter is a permission. Hence, there is a duty on the part of
members of government to disclose their SALNs to the public in the matter
provided by law. Motive of the party requesting is immaterial. Public office
is a public trust.
43) Tanods are law enforcement officers for purposes of Art. III(12).
44) Roadside questioning not custodial interrogation:
a. nature of questioning
b. expectations of motorists and officer
c. length of time the procedure is conducted

d. not at that moment placed under custody

45) Writ of Amparo remedy to 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 covering
extralegal killings and enforced disappearances
46) Writ of Habeas Data remedy to person whose right to privacy liberty or
security is violated or threatened by an unlawful a/o of a public official or
employee, or a private individual or entity engaged in the gathering,
collecting or storing data or information regarding the person of the
aggrieved party
47) Protection against DJ is available only where an identity is shown to exist
between the earlier and subsequent offenses charged. 2 kinds of double
jeopardy
a. punishment for the same offense
b. punishment for the same act