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POLITICAL LAW REVIEWER POLITICAL sovereignty
CONSTITUTIONAL LAW 1. The sum total of all the influences in a state,
2. Legal and non-legal,
3. Which determine the course of law.
ARTICLE I THE NATIONAL TERRITORY
The national territory of the Philippines comprises: According to the Principle of AUTO-LIMITATION:
1. The Philippine archipelago Sovereignty is the property of the state-force due to which it has the
2. With all the islands and waters embraced therein exclusive capacity of legal self-determination and self-restriction.
3. And all other territories over which the Philippines has sovereignty
or jurisdiction Definition of Government
4. Consisting of its CODE: TFA 1. That institution or aggregate of institutions
1. Terrestrial 2. by which an independent society
2. Fluvial; and 3. makes and carries out those rules of action
3. Aerial domains 4. which are necessary to enable men to live in a social state
5. Including its CODE: TSSIO 5. or which are imposed upon the people forming that society by those
1. Territorial sea who possess the power or authority of prescribing them.
2. The seabed
3. The subsoil Classification of governments
4. The insular shelves; and 1. De jure one established by the authority of the legitimate sovereign
5. The other submarine areas 2. De facto one established in defiance of the legitimate sovereign
6. The waters CODE: ABCI
1. Around Classification of de facto governments
2. Between and De facto proper
3. Connecting 1. That government that gets possession and control of
4. The islands of the archipelago 2. or usurps by force or by the voice of majority
5. 3. the rightful legal government
Regardless of their breadth and dimensions 4. and maintains itself against the will of the latter.
Government of paramount force
Form part of the INTERNAL WATERS of the Philippines 1. That which is established and maintained by military forces
2. who invade and occupy a territory of the enemy
Definition of Archipelago 3. in the course of war.
- An archipelago is a body of water studded with islands. The That established as an independent government by the inhabitants
Philippine archipelago is that body of water studded with islands which of a country who rise in insurrection against the parent state.
is delineated in the Treaty of Paris (1898), as amended by the Treaty
of Washington (1900) and the Treaty of Great Britain (1930). Definition of Republican State
It is one wherein all government authority emanates from the people and is
Definition of all other territories over which the Philippines has sovereignty exercised by representatives chosen by the people.
or jurisdiction
- It includes any territory that presently belongs or might in the future Definition of Democratic State
belong to the Philippines through any of the internationally accepted This merely emphasizes that the Philippines has some aspects of direct
modes of acquiring territory. democracy such as initiative and referendum.

Archipelagic principle
Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea
consists of drawing straight lines connecting appropriate points on
the coast without departing to any appreciable extent from the
general direction of the coast.
3.
Important distances with respect to the waters around the Philippines
1. Territorial sea - 12 nautical miles (n.m.)
2. Contiguous zone - 12 n.m. from the edge of the territorial sea
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1)
and (2)]
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES
Selected principles
Sec. 2. The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
Kind of war renounced by the Philippines
The Philippines only renounces AGGRESSIVE war as an instrument of
national policy. It does not renounce defensive war.
Some generally accepted principles of international law recognized by the
Court:
1. Right of an alien to be released on bail while awaiting deportation
when his failure to leave the country is due to the fact that no
country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war
criminals (Kuroda v. Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v.
Edu, 88 SCRA 195)

Sec 1. The Philippines is a democratic and republican State. Sovereignty Amity with all nations
resides in the people and all government authority emanates from them. This does not mean automatic diplomatic recognition of all nations.
Diplomatic recognition remains a matter of executive discretion.
Elements of a State (for municipal law purposes) CODE: PTSG
1. A community of persons, more or less numerous (PEOPLE) Sec 3. Civilian authority is, at all times, supreme over the military. The
2. Permanently occupying a definite portion of territory (TERRITORY) Armed Forces of the Philippines is the protector of the people and the State.
3. Independent of external control (SOVEREIGNTY) Its goal is to secure the sovereignty of the State and the integrity of the
4. Possessing an organized government to which the great body of national territory.
inhabitants render habitual obedience (GOVERNMENT)
Civilian authority/supremacy clause (1st sentence)
Definition of People CODE: CNCH 1. Civilian authority simply means the supremacy of the law because
1. A Community of persons; authority, under our constitutional system, can only come from law.
2. Sufficient in Number; 2. Under this clause, the soldier renounces political ambition.
3. Capable of maintaining the continued existence of the community;
and Mark of sovereignty (2nd and 3rd sentences)
4. Held together by a common bond of law. 1. Positively, this clause singles out the military as the guardian of the
people and of the integrity of the national territory and therefore
Definition of Sovereignty ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.
LEGAL sovereignty
1. The supreme power to make law.
Sec 4. The prime duty of the Government is to serve and protect the
2. It is lodged in the people.
people. The Government may call upon the people to defend the State and,
in the fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal, military, or civil service.
Sec. 5. The maintenance of peace and order, the protection of life, liberty
and property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.
Sec. 6. The separation of Church and State shall be inviolable.
Selected state policies
Sec. 7. The State shall pursue an independent foreign policy. In its relations
with other states, the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination.
Sec. 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.
Policy of freedom from nuclear weapons
The policy PROHIBITS:
1. The possession, control and manufacture of nuclear
weapons
2. Nuclear arms tests.
The policy does NOT prohibit the peaceful uses of nuclear energy.
Sec. 12. The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unborn from
conception. etc.
Principle that the family is not a creature of the state.
Protection for the unborn
1. It is not an assertion that the unborn is a legal person.
2. It is not an assertion that the life of the unborn is placed exactly on
the level of the life of the mother. Hence, when it is necessary to
save the life of the mother, the life of the unborn may be sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up
to the 6th month of pregnancy cannot be adopted in the Philippines
because the life of the unborn is protected from the time of
conception.
Sec. 16. The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of
nature.
1. While the right to a balanced and healthful ecology is found under
the declaration of Principle and State Policies and not under the Bill
of Rights, it does not follow that it is less important than any of the
civil and political rights enumerated in the latter. (Oposa v.
Factoran)
2. The right to a balanced and healthful ecology carries with it the
correlative duty to refrain from impairing the environment. (Oposa
v. Factoran)
Sec. 26. The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
Sec. 27. The State shall maintain honesty and integrity in the public service
and take positive and effective measures against graft and corruption.
Sec. 28. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its transactions
involving public interest.
ARTICLE III BILL OF RIGHTS
Sec. 1. No person shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal protection of the
laws.
Definition of Police Power:
1) Power vested in the legislature
2) By the Constitution
3) To make, ordain, and establish
4) All manner of wholesome and reasonable laws, statutes, and ordinances
5) Either with penalties or without
6) Not repugnant to the constitution
7) As they shall judge to be for the good and welfare of the commonwealth
and of the subjects of the same.
Aspects of Due Process:
1. Procedural due process refers to the mode of procedure which
government agencies must follow in the enforcement and
application of laws.
2. Substantive due process prohibition against arbitrary laws.
Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns.
2. Due process of law contemplates notice and opportunity to be
heard before judgment is rendered affecting ones person or
property (Lopez v. Dir. of Lands)
3. Due process depends on circumstances; it varies with the subject
matter and the necessities of the situation.
Requisites of PROCEDURAL due process:
For JUDICIAL proceedings: CODE: C J N O H
1. A court or tribunal clothed with judicial power to hear and determine
the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the
defendant or over the property which is the subject of the
proceedings.
3. The defendant must be given notice and an opportunity to be
heard.
4. Judgment must be rendered upon a lawful hearing.
For ADMINISTRATIVE proceedings: CODE: H E D S H I P
1. The right to a hearing, which includes the right to present ones
case and submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
5. 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.
6. 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.
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.
Note:
1. What is required is not actual hearing, but a real opportunity to be
heard.
2. The requirement of due process can be satisfied by subsequent
due hearing.
3. Violation of due process: when same person reviews his own
decision on appeal.
4. Notice and hearing are required in judicial and quasi-judicial
proceedings, but not in the promulgation of general rule.
For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P
1. The student must be informed in writing of the nature and cause of
any accusation against them.
2. The student shall have the right to answer the charges against him,
with the assistance of counsel if desired.
3. The student has the right to be informed of the evidence against
him.
4. The student has the right to adduce evidence in his 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.
6. The penalty imposed must be proportionate to the offense.
Note:
1. The school has a contractual obligation to afford its students a fair
opportunity to complete the course a student has enrolled for.
2. Exceptions:
3. Serious breach of discipline; or
4. Failure to maintain the required academic standard.
5. Proceedings in student disciplinary cases may be summary; cross-
examination is not essential
Instances when hearings are NOT necessary:
1. When administrative agencies are exercising their quasi-legislative
functions.
2. Abatement of nuisance per se.
3. Granting by courts of provisional remedies.
4. Cases of preventive suspension.
5. Removal of temporary employees in the government service.
6. Issuance of warrants of distraint and/or levy by the BIR
Commissioner.
7. Cancellation of the passport of a person charged with a crime.
 8. Issuance of sequestration orders (considered a provisional
remedy).
9. Judicial order which prevents an accused from travelling abroad in
order to maintain the effectivity of the courts jurisdiction.
10. Suspension of a banks operations by the Monetary Board upon a
prima facie finding of liquidity problems in such bank.
Note:
1. The right to counsel is a very basic requirement of substantive due
process and has to be observed even in administrative and quasi-
judicial bodies.
2. The right to appeal is a statutory privilege that may be exercised
only in the manner in accordance with law.
Requisites of SUBSTANTIVE due process: CODE: I M
1. The INTERESTS of the public generally, as distinguished from
those of a particular class, requires the interference by the
government and
2. The MEANS employed are necessary for the accomplishment of
the purpose and not unduly oppressive upon individuals.
Requirements of a valid ordinance:
1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
When is a law VAGUE?
1. When it lacks COMPREHENSIBLE STANDARDS
2. That men of ordinary intelligence must necessarily GUESS as to its
meaning
3. And differ as to its application
Equal Protection of the law
The equality that it guarantees is legal equality or the equality of all persons
before the law. It does not demand absolute equality. It merely requires that
all persons shall be treated alike, under like circumstances and conditions
both as to privileges conferred and liabilities enforced.
Requisites for valid classification for purposes of the equal protection clause
The classification must: CODE: SGEE
1. Rest on SUBSTANTIAL DISTINCTIONS
2. Be GERMANE to the purposes of the law
3. Not limited to existing conditions only
4. APPLY EQUALLY to all members of the SAME CLASS.
Sec. 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the person or things to be seized.
General Rule: Search and seizures are unreasonable unless authorized by a
validly issued search warrant or warrant of arrest
Requisites for a valid warrant: CODE P J E D
1. It must be issued upon PROBABLE CAUSE.
2. The existence of probable cause is determined personally by the
JUDGE.
3. The judge must EXAMINE UNDER OATH the complainant and the
witnesses he may produce.
4. The warrant must PARTICULARLY DESCRIBE the place to be
searched and person or things to be seized.
Definition of PROBABLE CAUSE
For the issuance of a warrant of arrest:
- Probable cause refers to such facts and circumstances which would
lead a reasonably discreet and prudent man to believe that an offense
has been committed by the person sought to be arrested.
For the issuance of a search warrant:
- Probable cause would mean such facts and circumstances which
would lead a reasonably discreet and prudent man to believe that an
offense has been committed and that the objects sought in connection
with the offense are in the place to be searched.
Note: Probable cause for the issuance of a search warrant does NOT
require that the probable guilt of a specific offender be established, unlike in
the case of a warrant of arrest.
Existence of probable cause DETERMINED PERSONALLY BY THE
JUDGE
The judge is NOT required to personally examine the complainant and his
witnesses. What the Constitution underscores is the exclusive and personal
responsibility of the issuing judge to satisfy himself of the existence of
probable cause (Soliven v. Makasiar, 167 SCRA 394).
To be sure, the Judge must go beyond the prosecutors certification and
investigation report whenever necessary (Lim v. Felix).
Procedure:
1. The judge personally evaluates the report and supporting
documents submitted by the fiscal regarding the existence of
probable cause and, on the basis thereof, issue a warrant of arrest
or
2. If on the basis thereof, the judge finds no probable cause, he may
disregard the fiscals report and require the submission of
supporting affidavits of witnesses to aid him in arriving at the
conclusion as to the existence of probable cause.
Examination UNDER OATH OR AFFIRMATION OF THE COMPLAINANT
AND WITNESSES
1. The oath required must refer to the truth of the facts within the
personal knowledge of the complainant or his witnesses because
the purpose is to convince the judge of the existence of probable
cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the issuance of
a search warrant is whether it has been drawn in such a manner
that perjury could be charged thereon and affiant be held liable for
the damages caused (Alvarez v. CFI).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe the things to
be seized when the description therein is as specific as the
circumstances will ordinarily allow or
2. When the description expresses a conclusion of fact not of
law by which the warrant officer may be guided in making the
search and seizure or
3. When the things described are limited to those which bear a
direct relation to the offense for which the warrant is being issued
(Bache and Co. v. Ruiz, 37 SCRA 823).
JOHN DOE WARRANT
A John Doe warrant can satisfy the requirement of particularity of
description if it contains a descriptio personae such as will enable the officer
to identify the accused (People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions
constituting the offense charged in the application for the issuance of the
warrant. It contravenes the explicit demand of the Bill of Rights that the
things to be seized be particularly described.
VALID WARRANTLESS SEARCH
Search made as an incident to lawful arrest
An officer making an arrest may take from the person arrested:
1. Any money or property found upon his person which was used in
the commission of the offense or
2. Was the fruit thereof or
3. Which might furnish the prisoner with the means of committing
violence or escaping or
4. Which may be used in evidence in the trial of the case
The search must be made simultaneously with the arrest and it may
only be made in the area within the reach of the person arrested
Search of moving vehicles
1. This exception is based on exigency. Thus, if there is time to obtain a
warrant in order to search the vehicle, a warrant must first be obtained.
2. The search of a moving vehicle must be based on probable cause.
Seizure of goods concealed to avoid customs duties/authorized
under the Tariffs and Customs Code
1. The Tariffs and Customs Code authorizes persons having police
authority under the Code to effect search and seizures without a search
warrant to enforce customs laws.
2. Exception: A search warrant is required for the search of a dwelling
house.
3. Searches under this exception include searches at borders and ports of
entry. Searches in these areas do not require the existence of probable
cause.
 Seizure of evidence in plain view protection against unreasonable search and seizure cannot be extended to
1. To be a valid warrantless search, the articles must be open to the acts committed by private individuals. (People v. Martin)
eye and hand.
2. The peace officer comes upon them inadvertently. Sec. 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or of the right of the people peaceably to
Waiver of right assemble and petition the government for redress of grievances.
Requisites of a valid waiver:
1. The right exists. What are considered protected speech:
2. The person had actual or constructive knowledge of the existence Protected speech includes every form of expression, whether oral, written,
of such right. tape or disc recorded. It includes motion pictures as well as what is known
3. There is an actual intention to relinquish such right. as symbolic speech such as the wearing of an armband as a symbol of
protest. Peaceful picketing has also been included within the meaning of
1. The right against unreasonable searches and seizures is a personal speech.
right. Thus, only the person being searched can waive the same.
2. Waiver requires a positive act from the person. Mere absence of Prohibitions under Section 4
opposition is not a waiver. 1. Prohibition against PRIOR RESTRAINT
3. The search made pursuant to the waiver must be made within the 1. Prohibition against SUBSEQUENT PUNISHMENT
scope of the waiver.
Note: Prohibition against prior restraint
1. Checkpoints: as long as the vehicle is neither searched nor its 1. Prior restraint means official governmental restrictions on the press
occupants subjected to a body search and the inspection of the or other forms of expression in advance of actual publication or
vehicle is limited to a visual search = valid search (Valmonte V. De dissemination.
Villa) 2. Examples/forms of prior restraint
2. Carroll rule: warrantless search of a vehicle that can be quickly 1. movie censorship
moved out of the locality or jurisdiction 2. judicial prior restraint = injunction against publication
3. The 1987 Constitution has returned to the 1935 rule that warrants 3. license taxes based on gross receipts for the privilege of
may be issued only by judges, but the Commissioner of Immigration engaging in the business of advertising in any newspaper
may order the arrest of an alien in order to carry out a FINAL 4. flat license fees for the privilege of selling religious books
deportation order.
When prohibition does not apply
VALID WARRANTLESS ARRESTS 1. During a war. Ex. Government can prevent publication about the
- When the person to be arrested has committed, is actually committing, number/locations of its troops (Near v. Minnesota, 238 US 697)
or is about to commit an offense in the presence of the arresting 2. Obscene publications.
officer.
- When an offense has in fact just been committed and the arresting Standards for allowable subsequent punishment
officer has personal knowledge of facts indicating that the person to TEST CRITERION
be arrested has committed it. 1. Dangerous Tendency Test There should be a RATIONAL
- When the person to be arrested is a prisoner who has escaped from a CONNECTION between the
penal establishment or place where he is serving final judgment or speech and the evil apprehended.
temporarily confined while his case is pending, or has escaped while 2. Clear and Present Danger Test There should be a clear and
being transferred from one confinement to another. present danger that the words
when used under such
Waiver of an invalid arrest: circumstances are of such a
When a person who is detained applies for bail, he is deemed to have nature as to create a CLEAR AND
waived any irregularity which may have occurred in relation to his arrest. PRESENT DANGER that they will
Hot pursuit bring about the substantive evils
A. The pursuit of the offender by the arresting officer must be that the State has a right to
continuous from the time of the commission of the offense to the time prevent.
of the arrest. 3. Balancing of Interests Test The courts should BALANCE the
B. There must be no supervening event which breaks the continuity PUBLIC INTEREST served by
of the chase. legislation on one hand and the
Stop and frisk FREEDOM OF SPEECH (or any
When a policeman observes suspicious activity which leads him to other constitutional right) on the
believe that a crime is about to be committed, he can investigate the other. The courts will then decide
suspicious looking person and may frisk him for weapons as a where the greater weight should
measure of self-protection. Should he find, however, a weapon on the be placed.
suspect which is unlicensed, he can arrest such person then and
there for having committed an offense in the officers presence. Freedom of Speech
The doctrine on freedom of speech was formulated primarily for the
Sec. 3. (1) The privacy of communication and correspondence shall be protection of core speech, i.e. speech which communicates political, social
inviolable except upon lawful order of the court, or when public safety or or religious ideas. These enjoy the same degree of protection. Commercial
order requires otherwise as prescribed by law. speech, however, does not.
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceedings. Commercial Speech
1. A communication which no more than proposes a commercial
R.A. 4200 (Anti-Wiretapping Act) transaction.
- The law does not distinguish between a party to the private 1. To enjoy protection:
communication or a third person. Hence, both a party and a third person 1. It must not be false or misleading; and
could be held liable under R.A. 4200 if they commit any of the prohibited acts 2. It should not propose an illegal transaction.
under R.A. 4200 (Ramirez v. Ca) 1. Even truthful and lawful commercial speech may be regulated if:
1. Government has a substantial interest to protect;
The use of a telephone extension to overhear a private conversation 2. The regulation directly advances that interest; and
is not a violation of R.A. 4200 because it is not similar to any of the prohibited 3. It is not more extensive than is necessary to protect that
devices under the law. Also, a telephone extension is not purposely installed interest. (Central Hudson Gas and Electric Corp. v. Public
for the purpose of secretly intercepting or recording private communication. Service Commission of NY, 447 US 557)
(Gaanan v. IAC, 145 SCRA 112)
Unprotected Speech
Types of communication protected: 1. LIBEL
Letters, messages, telephone calls, telegrams and the like. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not
of fact, and are not considered actionable, even if the words used are
Exclusionary rule: neither mild nor temperate. What is important is that the opinion is the
Any evidence obtained shall be inadmissible for any purpose in any true and honest opinion of the person. The statements are not used to
proceeding. However, in the absence of governmental interference, the attack personalities but to give ones opinion on decisions and actions.
 OPINIONS. With respect to public personalities (politicians, actors, 1. It must have a secular legislative purpose;
anyone with a connection to a newsworthy event), opinions can be 2. It must have a primary effect that neither advances nor inhibits
aired regarding their public actuations. Comment on their private lives, religion;
if not germane to their public personae, are not protected. 3. It must not require excessive entanglement with recipient
2. OBSCENITY institutions.
A. Test for obscenity (Miller v. California)
1. Whether the average person, applying contemporary community Sec. 6. The liberty of abode and of changing the same within the limits
standards would find that the work, taken as a whole, appeals to the prescribed by law shall not be impaired except upon lawful order of the
prurient interest. court. Neither shall the right to travel be impaired except in the interest of
2. Whether the work depicts or describes, in a patently offensive way, national security, public safety or public health, as may be provided by law.
sexual conduct, specifically defined by law.
3. Whether the work, taken as a whole, lacks serious literary, artistic, Rights guaranteed under Section 6:
political or scientific value. 1. Freedom to choose and change ones place of abode.
2. Freedom to travel within the country and outside.
B. Procedure for seizure of allegedly obscene publications
1. Authorities must apply for issuance of search warrant. Curtailment of rights:
2. Court must be convinced that the materials are obscene. Apply
clear and present danger test. RIGHT MANNER OF CURTAILMENT
1. Liberty of abode Lawful order of the court and
C. Judge will determine whether they are in fact obscene. within the limits prescribed by
law.
D. Judge will issue a search warrant. 2. Right to travel May be curtailed even by
administrative officers (ex.
E. Proper action should be filed under Art. 201 of the RPC. passport officers) in the interest
of national security, public safety,
F. Conviction is subject to appeal. or public health, as may be
provided by law.
Right of Assembly and Petition
- The standards for allowable impairment of speech and press also Note: The right to travel and the liberty of abode are distinct from the right to
apply to the right of assembly and petition. return to ones country, as shown by the fact that the Declaration of Human
Rights and the Covenant on Human Rights have separate guarantees for
Rules on assembly in public places: these. Hence, the right to return to ones country is not covered by the
- Applicant should inform the licensing authority of the date, the public specific right to travel and liberty of abode. (Marcos v. Manglapus)
place where and the time when the assembly will take place.
- The application should be filed ahead of time to enable the public Sec. 7. The right of the people to information on matters of public concern
official concerned to appraise whether there are valid objections to the shall be recognized.
grant of the permit or to its grant, but in another public place. The
grant or refusal should be based on the application of the Clear and Rights guaranteed under Section 7
Present Danger Test. 1. Right to information on matters of public concern
- If the public authority is of the view that there is an imminent and 2. Right of access to official records and documents
grave danger of a substantive evil, the applicants must be heard on
the matter. Persons entitled to the above rights
- The decision of the public authority, whether favorable or adverse, Only Filipino citizens.
must be transmitted to the applicants at the earliest opportunity so that
they may, if they so desire, have recourse to the proper judicial Discretion of government
authority. The government has discretion with respect to the authority to determine
what matters are of public concern and the authority to determine the
Rules on assembly in private properties: manner of access to them.
Only the consent of the owner of the property or person entitled to
possession thereof is required. Recognized restrictions on the right of the people to information:
1. National security matters
Sec. 5. No law shall be made respecting an establishment of religion, or 2. Intelligence information
prohibiting the free exercise thereof. The free exercise and enjoyment of 3. Trade secrets
religious profession and worship, without discrimination or preference, shall 4. Banking transactions
forever be allowed. No religious test shall be required for the exercise of civil 5. Diplomatic correspondence
or political rights. 6. Executive sessions
7. Closed door cabinet meetings
Clauses under Section 5 8. Supreme Court deliberations
1. Non-establishment clause
2. Free exercise of Religion Sec. 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
Distinction between the clauses (School District v. Schempp, 374 US contrary to law, shall not be abridged.
203)
1. The non-establishment clause does not depend upon any The right to form associations shall not be impaired without due process of
showing of direct governmental compulsion. It is violated by the law and is thus an aspect of the right of liberty. It is also an aspect of the
enactment of laws which establish an official religion whether those freedom of contract. In addition, insofar as the associations may have for
laws operate directly to coerce non-observing individuals or not. their object the advancement of beliefs and ideas, the freedom of association
The test of compliance with the non-establishment clause can be is an aspect of the freedom of speech and expression, subject to the same
stated as follows: What are the purposes and primary effect of the limitation.
enactment? If either is the advancement or inhibition of religion, the
law violates the non-establishment clause. Thus, in order for a law The right also covers the right not to join an association.
to comply with the non-establishment clause, two requisites must Government employees have the right to form unions. They also have the
be met. First, it has a secular legislative purpose. Second, its right to strike, unless there is a statutory ban on them.
primary effect neither advances nor inhibits religion.
1. The free exercise of religion clause withdraws from legislative Sec. 9. Private property shall not be taken for public use without just
power the exertion of any restraint on the free exercise of religion. compensation.
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 Who can exercise the power of eminent domain:
in the practice of his religion. While the freedom to believe (non- 1) The national government
establishment) is absolute, the moment such belief flows over into 1. Congress
action, it becomes subject to government regulation. 2. Executive, pursuant to legislation enacted by Congress
2) Local government units, pursuant to an ordinance enacted by their
Requisites for government aid to be allowable: respective legislative bodies (under LGC)
3) Public utilities, as may be delegated by law.
When is the exercise of the power of eminent domain necessary?
- It is only necessary when the owner does not want or opposes the sale
of his property. Thus, if a valid contract exists between the government and
the owner, the government cannot exercise the power of eminent domain as
a substitute to the enforcement of the contract.
Elements of the power of eminent domain
1) There is a TAKING of private property
2) Taking is for PUBLIC USE
3) Payment of JUST COMPENSATION
TAKING
A. Elements: CODE: E P A P O
1. The expropriator enters the property
2. The entrance must not be for a momentary period, i.e., it must be
permanent
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
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.
B. Compensable taking does not need to involve all the property interests
which form part of the right of ownership. When one or more of the property
rights are appropriated and applied to a public purpose, there is already a
compensable taking, even if bare title still remains with the owner.
PUBLIC USE
1. Public use, for purposes of expropriation, is synonymous with public
welfare as the latter term is used in the concept of police power.
Examples of public use include land reform and socialized housing.
JUST COMPENSATION
1. Compensation is just if the owner receives a sum equivalent to the
market value of his property. Market value is generally defined as
the fair value of the property as between one who desires to
purchase and one who desires to sell.
2. The point of reference use in determining fair value is the value at
the time the property was taken. Thus, future potential use of the
land is not considered in computing just compensation.
Rights of person under investigation for the Commission of an offense
CODE: SCISI
1) Right to remain silent
2) Right to have competent and independent counsel, preferably of his
own choice
3) Right to provided with the services of counsel if he cannot afford the
services of one.
4) Right to be informed of these rights.
When rights are available:
1) AFTER a person has been taken into custody or
2) When a person is otherwise deprived of his freedom of action in any
significant way.
3) When the investigation is being conducted by the government (police,
DOJ, NBI) with respect to a criminal offense.
4) Signing of arrest reports and booking sheets.
When rights are not available:
1) During a police line-up. Exception: Once there is a move among the
investigators to elicit admissions or confessions from the 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 investigation.
4) Statements made to a private person.
Exclusionary rule
1) Any confession or admission obtained in violation of this section shall
be inadmissible in evidence against him (the accused).
2) Therefore, any evidence obtained by virtue of an illegally obtained
confession is also inadmissible, being the fruit of a poisoned tree.
Requisites of valid waiver:
1) Waiver should be made in WRITING
2) Waiver should be made in the PRESENCE OF COUNSEL.
Sec. 13. Right to bail
Who are entitled to bail:
1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.

Judicial review of the exercise of the power of eminent domain Who are not entitled to bail:
1. To determine the adequacy of the compensation 1) Persons charged with offenses PUNISHABLE by RECLUSION
2. To determine the necessity of the taking PERPETUA or DEATH, when evidence of guilt is strong
3. To determine the public use character of the taking. However, if 2) Persons CONVICTED by the trial court. Bail is only discretionary
the expropriation is pursuant to a specific law passed by Congress, pending appeal.
the courts cannot question the public use character of the taking. 3) Persons who are members of the AFP facing a court martial.

When municipal property is taken by the State: Other rights in relation to bail.
Compensation is required if the property is a patrimonial property, that is, 1) The right to bail shall NOT be impaired even when the privilege of the
property acquired by the municipality with its private funds in its corporate or writ of habeas corpus is suspended.
private capacity. However, if it is any other property such a public buildings 2) Excessive bail shall not be required.
or legua comunal held by the municipality for the State in trust for the
inhabitants, the State is free to dispose of it at will. Factors considered in setting the amount of bail:
1) Ability to post bail
Point of reference for valuating a piece of property: 2) Nature of the offense
General rule: The value must be that as of the time of the filing of the 3) Penalty imposed by law
complaint for expropriation. 4) Character and reputation of the accused
Exception: When the filing of the case comes later than the time of taking 5) Health of the accused
and meanwhile the value of the property has increased because of the use to 6) Strength of the evidence
which the expropriator has put it, the value is that of the time of the earlier 7) Probability of appearing at the trial
taking. BUT if the value increased independently of what the expropriator 8) Forfeiture of previous bail bonds
did, then the value is that of the latter filing of the case. 9) Whether accused was a fugitive from justice when arrested
10) If accused is under bond in other cases
Sec. 10. No law impairing the obligation of contracts shall be passed.
When does a law impair the obligation of contracts: Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or custody
1) If it changes the terms and conditions of a legal contract either as to of the law.
the time or mode of performance 2. The constitutional right is available only in criminal cases, not, e.g.
2) If it imposes new conditions or dispenses with those expressed in deportation proceedings.
3) If it authorizes for its satisfaction something different from that provided Note:
in its terms. 1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through
A mere change in PROCEDURAL REMEDIES which does not change the recognizance.
substance of the contract, and which still leaves an efficacious remedy for
enforcement does NOT impair the obligation of contracts. Sec. 14. Rights of an accused

A valid exercise of police power is superior to obligation of contracts. Rights of a person charged with a criminal offense
1. Right to due process of law
Sec. 12. Rights of person under investigation for the commission of an 2. Right to be presumed innocent
offense. 3. Right to be heard by himself and counsel
 4. Right to be informed of the nature and cause of the accusation
against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf
DUE PROCESS
This means that the accused can only be convicted by a tribunal which is
required to comply with the stringent requirements of the rules of criminal
procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of
certain facts leads to a prima facie presumption of guilt, provided that the
facts proved have a reasonable connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.
RIGHT TO BE HEARD BY HIMSELF AND COUNSEL
The right to be heard includes the following rights:
1. Right to be present at the trial
- The right to be present covers the period from ARRAIGNMENT to
PROMULGATION of sentence.
- After arraignment, trial may proceed notwithstanding absence of
accused, provided 2 requisites are met. Note, that trial in absentia is
allowed only if the accused has been validly arraigned.
(i) Accused has been duly notified; and
(ii) His failure to appear is unjustifiable.
- The accused may waive the right to be present at the trial by not
showing up. However, the court can still compel the attendance of the
accused if necessary for identification purposes. Exception: If the
accused, after arraignment, has stipulated that he is indeed the person
charged with the offense and named in the information, and that any time
a witness refers to a name by which he is known, the witness is to be
understood as referring to him.
- While the accused is entitled to be present during promulgation of
judgement, the absence of his counsel during such promulgation does not
affect its validity.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio
must be appointed
(iv) If the accused desires to obtain his own counsel, the court must give him
a reasonable time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF
ACCUSATION AGAINST HIM
Purposes of the right:
1) To furnish the accused with a description of the charge against him as
will enable him to make his defenses
2) To avail himself of his conviction or acquittal against a further
prosecution for the same cause
3) To inform the court of the facts alleged.
If the information fails to allege the material elements of the offense, the
accused cannot be convicted thereof even if the prosecution is able to
present evidence during the trial with respect to such elements.
The real nature of the crime charged is determined from the recital of facts in
the information. It is not determined based on the caption or preamble
thereof nor from the specification of the provision of law allegedly violated
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
Factors used in determining whether the right to a speedy trial has
been violated.
1) Time expired from the filing of the information
2) Length of delay involved
3) Reasons for the delay
4) Assertion or non-assertion of the right by the accused
5) Prejudice caused to the defendant.
Effect of dismissal based on the ground of violation of the accuseds
right to speedy trial
If the dismissal is valid, it amounts to an acquittal and can be used as basis
to claim double jeopardy. This would be the effect even if the dismissal was
made with the consent of the accused
Remedy of the accused if his right to speedy trial has been violated
He can move for the dismissal of the case.
If he is detained, he can file a petition for the issuance of writ of habeas
corpus.
Definition of impartial trial
The accused is entitled to the cold neutrality of an impartial judge.
It is an element of due process.
Definition of public trial
The attendance at the trial is open to all irrespective of their relationship to
the accused. However, if the evidence to be adduced is offensive to
decency or public morals, the public may be excluded.
The right of the accused to a public trial is not violated if the hearings are
conducted on Saturdays, either with the consent of the accused or if failed to
object thereto.
RIGHT TO MEET WITNESS FACE TO FACE
Purposes of the right:
1. To afford the accused an opportunity to cross-examine the witness
2. To allow the judge the opportunity to observe the deportment of the
witness
Failure of the accused to cross-examine a witness
If the failure of the accused to cross-examine a witness is due to his own
fault or was not due to the fault of the prosecution, the testimony of the
witness should be excluded.
When the right to cross-examine is demandable
It is demandable only during trials. Thus, it cannot be availed of during
preliminary investigations.
Principal exceptions to the right of confrontation
1. The admissibility of dying declarations
2. Trial in absentia under Section 14(2)
3. With respect to child testimony
Sec 16. All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
Distinction between Section 14 and Section 16
While the rights of an accused only apply to the trial phase of criminal cases,
the right to a speedy disposition of cases covers ALL phases of JUDICIAL,
QUASI-JUDICIAL or ADMINISTRATIVE proceedings.
Sec. 17. No person shall be compelled to be a witness against himself.
When is a question incriminating:
A question tends to incriminate when the answer of the accused or the
witness would establish a fact which would be a necessary link in a chain of
evidence to prove the commission of a crime by the accused or the witness.
Distinction between an accused and an ordinary witness
1. An accused can refuse to take the witness stand by invoking the
right against self-incrimination.
2. An ordinary witness cannot refuse to take the stand. He can only
refuse to answer specific questions which would incriminate him in
the commission of an offense.
Scope of right
1. What is PROHIBITED is the use of physical or moral compulsion to
extort communication from the witness or to otherwise elicit
evidence which would not exist were it not for the actions compelled
from the witness.
2. The right does NOT PROHIBIT the examination of the body
of the accused or the use of findings with respect to his body as
physical evidence. Hence, the fingerprinting of an accused would
not violate the right against self-incrimination. However, obtaining a
sample of the handwriting of the accused would violate this right if
he is charged for falsification.
3. The accused cannot be compelled to produce a private document in
his possession which might tend to incriminate him. However, a
third person in custody of the document may be compelled to
produce it.
When the right can be invoked:
1. In criminal cases
2. In administrative proceedings if the accused is liable to a penalty
(Ex. Forfeiture of property)
Who can invoke the right:
Only natural persons. Judicial persons are subject to the visitorial powers of
the state in order to determine compliance with the conditions of the charter
granted to them.
Sec. 18. Right against involuntary servitude
Definition of involuntary servitude
It is every condition of enforced or compulsory service of one to another no
matter under what form such servitude may be disguised.
Exceptions:
1. Punishment for a crime for which the party has been duly convicted
2. Personal military or civil service in the interest of national defense
3. Return to work order issued by the DOLE Secretary or the
President
Sec. 19. Prohibition against cruel, degrading and inhuman punishment
When is a penalty cruel, degrading and inhuman?
1. A penalty is cruel and inhuman if it involves torture or lingering
suffering. Ex. Being drawn and quartered.
2. A penalty is degrading if it exposes a person to public humiliation.
Ex. Being tarred and feathered, then paraded throughout town.
Standards used:
1. The punishment 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, i.e. it must serve a penal purpose more
effectively than a less severe punishment would.
Excessive fine
A fine is excessive, when under any circumstance, it is disproportionate to
the offense.
Note: Fr. Bernas says that the accused cannot be convicted of the crime to
which the punishment is attached if the court finds that the punishment is
cruel, degrading or inhuman.
Reason: Without a valid penalty, the law is not a penal law.
Sec. 20. No person shall be imprisoned for debt or non-payment of a poll
tax.
Definition of debt under Section 20
1) Debt refers to 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.
2) Thus, if an accused fails to pay the fine imposed upon him, this may
result in his subsidiary imprisonment because his liability is ex delicto and not
ex contractu.
3) A FRAUDULENT debt may result in the imprisonment of the debtor if:
1. The fraudulent debt constitutes a crime such as estafa and
2. The accused has been duly convicted.
Sec. 21. No person shall be twice put in jeopardy of punishment for the
same offense. If an act punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the
same act.
Requisites for a valid defense of double jeopardy: CODE: ATS
1) 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.
When does jeopardy ATTACH: (1st requisite) CODE: CICAV
1) A person is charged
2) Under a complaint or information sufficient in form and substance to
sustain a conviction
3) Before a court of competent jurisdiction
4) After the person is arraigned
5) Such person enters a valid plea.
When does jeopardy NOT attach:
1) If information does not charge any offense
2) If, upon pleading guilty, the accused presents evidence of complete self-
defense, and the court thereafter acquits him without entering a new plea of
not guilty for accused.
3) If the information for an offense cognizable by the RTC is filed with the
MTC.
4) If a complaint filed for preliminary investigation is dismissed.
When does first jeopardy TERMINATE: (2ND REQUISITE)
1) Acquittal
2) Conviction
3) Dismissal W/O the EXPRESS consent of the accused
4) Dismissal on the merits.
Examples of termination of jeopardy:
1) Dismissal based on violation of the right to a speedy trial. This
amounts to an acquittal.
2) Dismissal based on a demurrer to evidence. This is a dismissal on the
merits.
3) Dismissal on motion of the prosecution, subsequent to a motion for
reinvestigation filed by the accused.
4) Discharge of an accused to be a state witness. This amounts to an
acquittal.
When can the PROSECUTION appeal from an order of dismissal:
1) If dismissal is on motion of the accused. Exception: If motion is based
on violation of the right to a speedy trial or on a demurrer to evidence.
2) If dismissal does NOT amount to an acquittal or dismissal on the merits
3) If the question to be passed upon is purely legal.
4) If the dismissal violates the right of due process of the prosecution.
5) If the dismissal was made with grave abuse of discretion.
What are considered to be the SAME OFFENSE: (under the 1st
sentence of Section 21)
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.
3) One offense is necessarily included or necessary includes the other.
Note: where a single act results in the violation of different laws or different
provisions of the same law, the prosecution for one will not bar the other so
long as none of the exceptions apply.
Definition of double jeopardy (2nd sentence of Sec. 21)
Double jeopardy will result if the act punishable under the law and the
ordinance are the same. For there to be double jeopardy, it is not necessary
that the offense be the same.
SUPERVENING FACTS
1) Under the Rules of Court, a conviction for an offense will not bar a
prosecution for an offense which necessarily includes the offense charged in
the former information where:
1. The graver offense developed due to a supervening fact arising
from the same act or omission constituting the former charge.
2. The facts constituting the graver offense became known or were
discovered only after the filing of the former information.
3. The plea of guilty to the lesser offense was made without the
consent of the fiscal and the offended party.
2) Under (1)(b), if the facts could have been discovered by the
prosecution but were not discovered because of the prosecutions
incompetence, it would not be considered a supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to plead double
jeopardy. The whole case will be open to review by the appellate court.
Such court may even increase the penalties imposed on the accused by the
trial court.
Sec. 22. No ex post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law.
1) One which makes an action done before the passing of the law, and
which was innocent when done, criminal, and punishes such action.
2) One which aggravates the crime or makes it greater than when it was
committed.
3) One which changes the punishment and inflicts a greater punishment
than that which the law annexed to the crime when it was committed.
4) One which 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) One which assumes to regulate civil rights and remedies only BUT, in
effect, imposes a penalty or deprivation of a right, which, when done, was
lawful.
6) One which 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.
Note: The prohibition on ex post facto laws only applies to retrospective
PENAL laws.
Definition of BILL OF ATTAINDER
1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O
JUDICIAL trial.
2) The bill of attainder 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 as to inflict punishment on them without judicial trial.
3) Elements of the bill of attainder
1. There must be a LAW.
2. The law imposes a PENAL burden on a NAMED
INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a GROUP.
3. The penal burden is imposed DIRECTLY by the LAW W/O
JUDICIAL trial.
ARTICLE IV CITIZENSHIP
Who are citizens of the Philippines?
1) Those who are citizens of the Philippines at the time of the adoption of
the 1987 Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority.
4) Those who are naturalized in accordance with law.
Modes of acquiring citizenship:
1) Jus Soli acquisition of citizenship on the basis of place of birth
2) Jus Sanguinis acquisition of citizenship on the basis of blood
relationship
3) Naturalization the legal act of adopting an alien and clothing him with
the privilege of a native-born citizen.
Note: The Philippines follows (2) and (3)
Election of citizenship under the 1987 Constitution:
Prior to the 1973 Constitution, if a Filipina married an alien, she lost her
Filipino citizenship. Hence, her child would have to elect Filipino citizenship
upon reaching the age of majority. Under the 1973 Constitution, however,
children born of Filipino mothers were already considered Filipinos.
Therefore, the provision on election of citizenship under the 1987
Constitution only applies to those persons who were born under the 1935
Constitution. In order for the children to elect Filipino citizenship, the
mothers must have been Filipinos at the time of their marriage. So, if your
mother was a Filipina who married an alien under the 1935 constitution and
you were born before January 17, 1973, you can elect Filipino citizenship
upon reaching the age of majority.
When must the election be made:
The election must be made within a reasonable period after reaching the age
of majority.
Effects of naturalization:
1) The legitimate minor children of the naturalized father become Filipinos
as well.
2) The wife also becomes a Filipino citizen, provided that she does not
have any disqualification which would bar her from being naturalized.
Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any
act to acquire or perfect their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987
Constitution.
Marriage of Filipino with an alien:
1) General Rule: The Filipino RETAINS Philippine citizenship
2) Exception: If, by their act or omission they are deemed, under the law,
to have renounced it.
Examples of renunciation of Philippine citizenship:
1) Voluntarily obtaining foreign passport
2) Pledging allegiance to another country (ex. by becoming a naturalized
citizen of another country)
Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-
acquire the same via repatriation proceedings. This involves taking an oath
of allegiance and filing the same with the civil registry.
How may one lose citizenship:
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of ones country
How may one reacquire citizenship:
1. By direct act of Congress
2. By naturalization
3. By repatriation
ARTICLE V SUFFRAGE
Qualifications: CODE: CD18RR
1) Citizen of the Philippines
2) Not Disqualified by law
3) At least 18 years old
4) Resident of the Philippines for at least 1 year
5) Resident of the place wherein he/she proposes to vote for at least 6
months immediately preceding the election.
Note: NO literacy, property or other substantive requirement can be imposed
on the exercise of suffrage.
Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE This is in reference to the 1 year residency requirement in
the Philippines.
2. TEMPORARY RESIDENCE This is in reference to the 6 month
residency requirement in the place where one wants to vote. In this case,
residence can either mean domicile or temporary residence.
Disqualifications:
1) Any person sentenced by final judgment to imprisonment of not less
than 1 year, which disability has not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his
allegiance to the Republic of the Philippines.
3) Insane or feeble-minded persons.
Note: Under the 2nd disqualification, the right to vote is automatically re-
acquired upon the expiration of 5 years after the service of sentence.
ARTICLE VI THE LEGISLATIVE DEPARTMENT
Sec. 1. The legislative power shall be vested in the Congress of the
Philippines, which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and
referendum.
Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1. Original Possessed by the people in their sovereign capacity
2. Delegated Possessed by Congress and other legislative bodies
by virtue of the Constitution
3. Constituent The power to amend or revise the Constitution
4. Ordinary The power to pass ordinary laws
Note:
The original legislative power of the people is exercised via initiative and
referendum. In this manner, people can directly propose and enact laws, or
approve or reject any act or law passed by Congress or a local government
unit.
Limits on the legislative power of Congress:
1. Substantive limitations on the content of laws. E.g. no law shall be
passed establishing a state religion.
1. Procedural limitations on the manner of passing laws. E.g.
generally a bill must go through three readings on three separate
days.
Note:
Provided that these two limitations are not exceeded, Congress legislative
power is plenary.
Corollaries of legislative power:
1. Congress cannot pass irrepealable laws. Since Congress powers
are plenary, and limited only by the Constitution, any attempt to limit
the powers of future Congresses via an irrepealable law is not
allowed.
1. Congress, as a general rule, cannot delegate its legislative power.
Since the people have already delegated legislative power to
Congress, the latter cannot delegate it any further.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
2. Instances when the Constitution itself allows for such delegation
[see Art. VI Sec. 23(2)]
What may Congress delegate:
Congress can only delegate, usually to administrative agencies, RULE-
MAKING POWER or LAW EXECUTION. This involves either of two tasks for
the administrative agencies:
1. Filling up the details on an otherwise complete statute; or
 2. Ascertaining the facts necessary to bring a contingent law or
provision into actual operation.
Sec. 2-4. SENATE
Composition
24 senators who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the
day of the election.
Note: The qualifications of both Senators and Members of the House are
limited to those provided by the Constitution. Congress cannot, by law, add
or subtract from these qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June
next following their election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of his service for the
full term for which he was elected.
Sec. 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise fixed by law; and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts apportioned among
the provinces, cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number
of inhabitants of each area and on the basis of a uniform and
progressive ratio.
1. Each district shall comprise, as far as practicable, contiguous,
compact and adjacent territory;
2. Each city with at least 250,000 inhabitants will be entitled to at least
one representative.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress within 3
years after the return of each census. According to Jack, however,
while the apportionment of districts is NOT a political question, the
judiciary CANNOT compel Congress to do this.
5. The standards used to determine the apportionment of legislative
districts is meant to prevent gerrymandering, which is the
formation of a legislative district out of separate territories so as to
favor a particular candidate or party.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately
preceding the day of the election.
Term of Office
1. Each member of the House shall be elected for a term of three (3)
years which shall commence (unless otherwise provided for by law)
at noon on 30 June next following their election.
2. Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of his service for the
full term for which he was elected.
Term Limitations
No member of the House of Representatives shall serve for more than three
(3) consecutive terms.
Distinctions between Term and Tenure
Definition
Terms means the period during which the elected officer is legally
authorized to assume his office and exercise the powers thereof.
Tenure is the actual period during which such officer actually holds his
position.
Limitation/Possible Reduction
1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited. Thus, a provision which considers
an elective office automatically vacated when the holder thereof files
a certificate of candidacy for another elective office (except
President and Vice-President) is valid, as it only affects the officers
tenure and NOT his constitutional term.
Party-List Representatives
- Constitute 20% of the total number of representatives, including those
under the party-list system (thus a maximum of 50 party-list members
of the House)
- However, for 3 consecutive terms from 2 February 1987 (i.e., the
1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral
representatives. Under Art. XVIII, Sec. 7, the sectoral representatives
are to be appointed by the President until legislation otherwise
provides.
Mechanics of the party-list system:
1. Registered organizations submit a list of candidates in order of
priority.
2. During the elections, these organizations are voted for at large.
3. The number of seats that each organization gets out of the 20%
allotted to the system depends on the number of votes they get.
Qualifications
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election
3. Able to read and write
Sec. 9. In case of vacancy in the Senate or in the House of Representatives,
a special election may be called to fill such vacancy in the manner prescribed
by law, but the Senator or Member of the House of Representatives thus
elected shall serve only for the unexpired term.
Sec. 10. Salaries of Senators and Members of the House
Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be
determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF
THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH
INCREASE.
Note: Since the Constitution provides for rules on salaries and not on
emoluments, our distinguished legislators can appropriate for themselves
other sums of money such as travel allowances, as well as other side
benefits.
Sec. 11: CONGRESSIONAL IMMUNITIES
1.) Immunity from arrest:
1. Legislators are privileged from arrest while Congress is in session
with respect to offenses punishable by up to 6 years of
imprisonment. Thus, whether Congress is in regular or special
session, the immunity from arrest applies.
2. If Congress is in recess, members thereof may be arrested.
3. The immunity is only with respect to arrests and NOT to prosecution
for criminal offenses.
2.) Legislative privilege:
- No member shall be questioned or held liable in any forum other than
his/her respective Congressional body for any debate or speech in the
Congress or in any Committee thereof.
Limitation on the privilege:
(i) Protection is only against forum other than Congress itself. Thus for
inflammatory remarks which are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the case may be.
(ii) The speech or debate must be made in performance of their duties as
members of Congress. This includes speeches delivered, statements made,
votes cast, as well as bills introduced, and other activities done in
performance of their official duties.
(iii) Congress need NOT be in session when the utterance is made, as long
as it forms part of legislative action, i.e. part of the deliberative and
communicative process used to participate in legislative proceedings in
consideration of proposed legislation or with respect to other matters with
Congress jurisdiction.
Sec. 12. All Members of the Senate and the House of Representatives shall, 3.) An enrolled bill is the official copy of approved legislation and bears the
upon assumption of office, make a full disclosure of their financial and certifications of the presiding officers of each House. Thus where the
business interests. They shall notify the House concerned of a potential certifications are valid and are not withdrawn, the contents of the enrolled bill
conflict of interest that may arise from the filing of a proposed legislation of are conclusive upon the courts as regards the provision of that particular bill.
which they are authors.
Adjournments:
Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS: 1.) Neither House can adjourn for more than 3 days during the time
Congress is in session without the consent of the other House.
Disqualifications: 2.) Neither can they adjourn to any other place than that where the two
DISQUALIFICATION WHEN APPLICABLE houses are sitting, without the consent of the other.
1. Senator/Member of the House During his term. If he does so, he
cannot hold any other office or forfeits his seat. Sec. 17: THE ELECTORAL TRIBUNAL
employment in the Government or
any subdivision, agency or The Senate and the House shall each have an Electoral Tribunal which
Instrumentality thereof, including shall be composed of:
GOCCS or their subsidiaries. 1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. Legislators cannot be appointed IF the office was created or the 2. 6 Members of the Senate or House, as the case may be.
to any office. emoluments thereof increased The senior Justice in the Electoral Tribunal shall be its Chairman.
during the term for which he was Note: The congressional members of the ETs shall be chosen on the basis
elected. of proportional representation from the political parties and party-list
3. Legislators cannot personally During his term of office. organizations.
appear as counsel before any court
of justice, electoral tribunal, quasi- Jurisdiction:
judicial and administrative bodies. 1.) Each ET shall be the sole judge of all CONTESTS relating to the
4. Legislators cannot be financially During his term of office. election, returns, and qualifications of their respective members. This
interested directly or indirectly in any includes determining the validity or invalidity of a proclamation declaring a
contract with or in any franchise, or particular candidate as the winner.
special privilege granted by the 2.) An election contest is one where a defeated candidate challenges the
Government, or any subdivision, qualification and claims for himself the seat of a proclaimed winner.
agency or instrumentality thereof, 3.) In the absence of an election contest, the ET is without jurisdiction.
including any GOCC or its However, the power of each House to expel its own members or even to
subsidiary. defer their oath-taking until their qualifications are determined may still be
5. Legislators cannot intervene in When it is for his pecuniary benefit exercised even without an election contest.
any matter before any office of the or where he may be called upon to
government. act on account of his office. Issues regarding the Electoral Tribunals:
1.) Since the ETs are independent constitutional bodies, independent even
of the House from which the members are respectively taken, neither
Sec. 15: REGULAR AND SPECIAL SESSIONS Congress nor the Courts may interfere with procedural matters relating to the
functions of the ETs, such as the setting of deadlines or filing their election
Regular Sessions: contests with the respective ETs.
1.) Congress convenes once every year on the 4th Monday of July (unless 2.) The ETs being independent bodies, its members may not be arbitrarily
otherwise provided for by law) removed from their positions in the tribunal by the parties which they
2.) Continues in session for as long as it sees fit, until 30 days before the represent. Neither may they be removed for not voting according to party
opening of the next regular session, excluding Saturdays, Sundays, and lines, since they are acting independently of Congress.
legal holidays. 3.) The mere fact that the members of either the Senate or the House
sitting on the ET are those which are sought to be disqualified due to the
Special Sessions: filing of an election contest against them does not warrant all of them from
Called by the President at any time when Congress is not in session. being disqualified from sitting in the ET. The Constitution is quite clear that
the ET must act with both members from the SC and from the Senate or the
Sec. 16. Officers: House. If all the legislator-members of the ET were to be disqualified, the ET
1.) Senate President; would not be able to fulfill its constitutional functions.
2.) Speaker of the House; and 4.) Judicial review of decisions of the ETs may be had with the SC only
3.) Each House may choose such other officers as it may deem necessary. insofar as the decision or resolution was rendered without or in excess of
jurisdiction or with grave abuse of discretion constituting denial of due
Election of Officers process.
By a majority vote of all respective members.
Sec. 18: THE COMMISSION ON APPOINTMENTS
Quorum to do business:
1. Majority of each House shall constitute a quorum. Composition:
2. A smaller number may adjourn from day to day and may compel the 1.) Senate President as ex-officio chairman;
attendance of absent members. 2.) 12 Senators; and
3. In computing a quorum, members who are outside the country and 3.) 12 Members of the House.
thus outside of each Houses coercive jurisdiction are not included. Note: The 12 Senators and 12 Representatives are elected on the basis of
proportional representation from the political parties and party-list
Internal Rules: organizations.
1. Each House shall determine its own procedural rules.
2. Since this is a power vested in Congress as part of its inherent Voting/Action
powers, under the principle of separation of powers, the courts 1.) The chairman shall only vote in case of a tie.
cannot intervene in the implementation of these rules insofar as 2.) The CA shall act on all appointments within 30 session days from their
they affect the members of Congress. submission to Congress.
3. Also, since Congress has the power to make these rules, it also has 3.) The Commission shall rule by a majority vote of all the Members.
the power to ignore them when circumstances so require.
Jurisdiction
Discipline: 1.) CA shall confirm the appointments by the President with respect to the
1.) Suspension following positions:
1. Concurrence of 2/3 of ALL its members and 1. Heads of the Executive Departments (except if it is the Vice-
2. Shall not exceed 60 days. President who is appointed to the post).
2.) Expulsion 2. Ambassadors, other public ministers or consuls.
1. Concurrence of 2/3 of ALL its members. 3. Officers of the AFP from the rank of Colonel or Naval Captain: and
4. Other officers whose appointments are vested in him by the
Congressional Journals and Records: Constitution (e.g. COMELEC members).
1.) The Journal is conclusive upon the courts. 2.) Congress CANNOT by law prescribe that the appointment of a person
2.) BUT an enrolled bill prevails over the contents of the Journal. to an office created by such law shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned
positions while Congress is not in session shall only be effective until
disapproval by the CA or until the next adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the Chairman or a majority of all
its members.
3.) Since the CA is also an independent constitutional body, its rules of
procedure are also outside the scope of congressional powers as well as that
of the judiciary.
Note: The ET and the CA shall be constituted within 30 days after the
Senate and the House of Representative shall have been organized with the
election of the President and the Speaker.
Sec. 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may conduct inquires in
aid of legislation.
2. In aid of legislation does not mean that there is pending legislation
regarding the subject of the inquiry. In fact, investigation may be
needed for purposes of proposing future legislation.
3. If the stated purpose of the investigation is to determine the
existence of violations of the law, the investigation is no longer in
aid of legislation but in aid of prosecution. This violates the
principle of separation of powers and is beyond the scope of
congressional powers.
Enforcement:
- Since experience has shown that mere requests for information does
not usually work, Congress has the inherent power to punish
recalcitrant witnesses for contempt, and may have them incarcerated
until such time that they agree to testify.
- The continuance of such incarceration only subsists for the lifetime, or
term, of such body. Once the body ceases to exist after its final
adjournment, the power to incarcerate ceases to exist as well. Thus,
each Congress of the House lasts for only 3 years. But if one is
incarcerated by the Senate, it is indefinite because the Senate, with its
staggered terms, is a continuing body.
- BUT, in order for a witness to be subject to this incarceration, the
primary requirement is that the inquiry is within the scope of Congress
powers. i.e. it is in aid of legislation.
- The materiality of a question is determined not by its connection to
any actually pending legislation, but by its connection to the general
scope of the inquiry.
- The power to punish for contempt is inherent in Congress and this
power is sui generis. It cannot be exercised by local government units
unless they are expressly authorized to do so.
Limitations:
- The inquiry must be conducted in accordance with the duly published
rules of procedure of the House conducting the inquiry; and
- The rights of persons appearing in or affected by such inquiries shall
be respected. Ex. The right against self-incrimination.
Appearance by department heads before Congress:
- Since members of the executive department are co-equals with those
of the legislative department, under the principle of separations of
powers, department heads cannot be compelled to appear before
Congress. Neither may the department heads impose their
appearance upon Congress.
- Department heads may appear before Congress in the following
instances.
- Upon their own initiative, with the consent of the President (and that of
the House concerned); or
- Upon the request of either House (which cannot compel them to
attend)
- The appearance will be conducted in EXECUTIVE SESSION when:
1. Required by the security of state or required by public interest; and
2. When the President so states in writing
Sec. 23-24. DECLARATION OF WAR/EMERGENCY POWERS
Vote requirement: (to declare the existence of a state of war)
1. 2/3 of both Houses, in joint session
2. Voting separately
Emergency powers:
1. During times of war or other national emergency, Congress may,
BY LAW, authorize the President to exercise powers necessary and
proper to carry out a declared national policy.
1. Limitations:
1. Powers will be exercised for a limited period only; and
2. Powers will be subject to restrictions prescribed by
Congress
Expiration of emergency powers
1. By resolution of Congress or
2. Upon the next adjournment of Congress
Sec. 24-27, 30-31 LEGISLATION
Bills that must originate from the House of Representatives (Section
24) CODE: A R T Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills
Note: The Senate may, however, propose or concur with amendments.
Appropriation bills
1. The primary and specific aim of an appropriation bill is to
appropriate a sum of money from the public treasury.
1. Thus, a bill enacting the budget is an appropriations bill.
1. BUT: A bill creating a new office, and appropriating funds therefor
is NOT an appropriation bill.
Revenue Bill
1. A revenue bill is one specifically designed to raise money or
revenue through imposition or levy.
1. Thus, a bill introducing a new tax is a revenue bill, but a provision
in, for instance, the Videogram Regulatory Board law imposing a
tax on video rentals does not make the law a revenue bill.
Bills of local application
A bill of local application, such as one asking for the conversion of a
municipality into a city, is deemed to have originated from the House
provided that the bill of the House was filed prior to the filing of the bill in the
Senate even if, in the end, the Senate approved its own version.
Limitations:
1. For appropriation bills:
1. Congress cannot increase the appropriations recommended by the
President for the operation of the Government as specified in the
budget.
1. Each provision or enactment in the General Appropriations Bill must
relate specifically to some particular appropriation therein and any
such provision or enactment must be limited in its operation to the
appropriation to which it relates.
1. The procedure in approving appropriations for Congress shall
strictly follow the procedure for approving appropriations for other
departments and agencies.
1. A special appropriations bill must specify the purpose for which it is
intended and must be supported by funds actually available as
certified by the National Treasurer or to be raised by a
corresponding revenue proposal therein.
Transfer of appropriations:
1. Rule: No law shall be passed authorizing any transfer of
appropriations
2. BUT the following may, BY LAW, be authorized to AUGMENT any
item in the general appropriations law for their respective offices
from savings in other items of their respective appropriations
- President
- President of the Senate
- Speaker of the House of Representatives
- Chief of Justice of the Supreme Court
- Heads of the Constitutional Commissions
Discretionary funds appropriated for particular officials shall be:
1. Disbursed only for public purposes;
2. Should be supported by appropriate vouchers; and
3. Subject to guidelines as may be prescribed by law.
If Congress fails to pass General Appropriations Bill (GAB) by the
end of any fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by
Congress.
- For law granting tax exemption
It should be passed with the concurrence of a MAJORITY of ALL the
members of Congress.
- For bills in general
Every bill shall embrace only one (1) subject, as expressed in the title
thereof
 i. As a mandatory requirement Within the framework of the national development program of the
ii. The title does not have to be a complete catalogue of everything Government
stated in the bill. It is sufficient if the title expresses the general subject 2) The exercise of such power by the President shall be within the
of the bill and all the provisions of the statute are germane to that specified limits fixed by Congress and subject to such limitations and
general subject. restrictions as it may impose.
iii. A bill which repeals legislation regarding the subject matter need
not state in the title that it is repealing the latter. Thus, a repealing Constitutional tax exemptions:
clause in the bill is considered germane to the subject matter of the bill. 1) The following properties are exempt from REAL PROPERTY taxes
(CODE: Cha Chu M- CA)
1. Readings a) Charitable institutions
1. In order to become a law, each bill must pass three (3) readings in b) Churches, and parsonages or convents appurtenant thereto
both Houses. c) Mosques
2. General rule: Each reading shall be held on separate days & printed d) Non-profit cemeteries; and
copies thereof in its final form shall be distributed to its Members e) All lands, buildings and improvements actually, directly and exclusively
three (3) days before its passage. used for religious, charitable, or educational purposes.
3. Exception: If a bill is certified as urgent by the President as to the
necessity of its immediate enactment to meet a public calamity or 2) All revenues and assets of NON-STOCK NON-PROFIT
emergency, the 3 readings can be held on the same day. EDUCATIONAL institutions are exempt from taxes and duties PROVIDED
4. First reading only the title is read; the bill is passed to the proper that such revenues and assets are actually, directly and exclusively used for
committee educational purposes. (Art. XIV Sec 4 (3))
5.
Second reading Entire text is read and debates are held, and amendments 3) Grants, endowments, donations or contributions used actually, directly
introduced. and exclusively for educational purposes shall be exempt from tax. This is
subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))
Third reading only the title is read, no amendments are allowed. Vote shall
be taken immediately thereafter and the yeas and nays entered in the Sec. 29. Power of the Purse
journal. 1) No money shall be paid out of the National Treasury EXCEPT in
pursuance of an appropriation made by law.
Veto power of President: a) This places the control of public funds in the hands of Congress.
1. Every bill, in order to become a law, must be presented to and b) BUT: This rule does not prohibit continuing appropriations. e.g. for
signed by the President. debt servicing. This is because the rule does not require yearly, or annual
1. If the President does not approve of the bill, he shall veto the same appropriation.
and return it with his objections to the House from which it
originated. The House shall enter the objections in the Journal and 2) Limitations.
proceed to reconsider it. a) Appropriations must be for a PUBLIC PURPOSE
1. The President must communicate his decision to veto within 30 b) Cannot appropriate public funds or property, directly or indirectly, in
days from the date of receipt thereof. If he fails to do so, the bill favor of
shall become a law as if he signed it. (i) Any sect, church, denomination, or sectarian institution or system
1. This rule eliminates the pocket veto whereby the President would of religion or
simply refuse to act on the bill. (ii) Any priest, preacher, minister, or other religious teacher or
dignitary as such.
1. To OVERRIDE the veto, at least 2/3 of ALL the members of each EXCEPT if the priest, etc is assigned to:
House must agree to pass the bill. In such case, the veto is - the Armed Forces; or
overriden and becomes a law without need of presidential approval. - any penal institution; or
1. Item veto - government orphanage; or
1. The President may veto particular items in an appropriation, - leprosarium
revenue or tariff bill. c) BUT the government is not prohibited from appropriating money
1. This veto will not affect items to which he does not object. for a valid secular purpose, even if it incidentally benefits a religion, e.g.
1. Definition of item appropriations for a national police force is valid even if the police also
TYPE OF BILL ITEM protects the safety of clergymen.
1. Revenue/tax bill - Subject of the tax and the tax rate imposed d) ALSO, the temporary use of public property for religious purposes
thereon is valid, as long as the property is available for all religions
2. Appropriations bill - Indivisible sum dedicated to a stated purpose 3) Special Funds
a) Money collected on a tax levied for a special purpose shall be
Veto of RIDER treated as a special fund and paid out for such purpose only.
1. A rider is a provision which does not relate to a particular b) Once the special purpose is fulfilled or abandoned, any balance
appropriation stated in the bill. shall be transferred to the general funds of the Government
2. Since it is an invalid provision under Section 25(2), the President
may veto it as an item. Sec. 32. INITIATIVE AND REFERENDUM
1) Through the system of initiative and referendum, the people can directly
Specific limitations on legislation propose and enact laws or approve or reject any act or law or part thereof
1. No law shall be enacted increasing the Supreme Courts appellate passed by the Congress or local legislative body.
jurisdiction without the SCs advice and concurrence. 2) Required Petition
1. No law shall be enacted granting titles of royalty or nobility. a) Should be signed by at least 10% of the total number of registered
voters
Sec. 28. POWER TO TAX b) Every legislative district should be represented by at least 3% of the
registered voters
Limitations: c) Petition should be registered
1) The rule of taxation should be UNIFORM
2) It should be EQUITABLE
3) Congress should evolve a PROGRESSIVE system of taxation. ARTICLE VII. THE EXECUTIVE DEPARTMENT
4) The power to tax must be exercised for a public purpose because the
power exists for the general welfare
Sec. 1. EXECUTIVE POWER
5) The due process and equal protection clauses of the Constitution
Scope:
should be observed.
1) Executive power is vested in the President of the Philippines.
2) The scope of this power is set forth in Art. VII of the Constitution. But
Delegation of power to fix rates
this power is not limited to those set forth therein. The SC, in Marcos v.
1) Congress may, BY LAW, authorize the President to fix the following:
Manglapus, referred to the RESIDUAL powers of the President as the Chief
a) Tariff rates
Executive of the country, which powers include others not set forth in the
b) Import and Export Quotas
Constitution. EXAMPLE: The President is immune from suit and criminal
c) Tonnage and wharfage dues
prosecution while he is in office.
d) Other duties and imposts
3) Privilege of immunity from suit is personal to the President and may be VACANCY SUCCESSOR
invoked by him alone. It may also be waived by the President, as when he President dies, is permanently Vice-President becomes President
himself files suit. disabled, is impeached, or resigns. for the unexpired term.
4) BUT The President CANNOT dispose of state property unless Both President and Vice-President 1. Senate President or
authorized by law. die, become permanently disabled, 2. In case of his inability, the Speaker
are impeached, or resign. of the House shall act as President
Sec. 2. QUALIFICATIONS until the President or VP shall have
1) Natural-born citizen of the Philippines been elected and qualif
2) Registered voter;
3) Able to read and write; 3) Vacancy in office of Vice-President during the term for which he
4) At least 40 years old on the day of election was elected:
5) Philippine resident for at least 10 years immediately preceding such a) President will nominate new VP from any member of either House of
election. Congress.
Note: The Vice-President has the same qualifications & term of office as the b) Nominee shall assume office upon confirmation by majority vote of ALL
President. He is elected with & in the same manner as the President. He members of both Houses, voting separately. (Nominee forfeits seat in
may be removed from office in the same manner as the President. Congress)
Sec. 4. MANNER OF ELECTION/ TERM OF OFFICE 4) Election of President and Vice-President after vacancy during tem
Manner of Election a) Congress shall convene 3 days after the vacancy in the office of both
1) The President and Vice-President shall be elected by direct vote of the the President and the VP, without need of a call. The convening of Congress
people. cannot be suspended.
2) Election returns for President and Vice-President, as duly certified by the b) Within 7 days after convening, Congress shall enact a law calling for a
proper Board of Canvassers shall be forwarded to Congress, directed to the special election to elect a President and a VP. The special election cannot
Senate President. be postponed.
3) Not later than 30 days after the day of the election, the certificates shall c) The special election shall be held not earlier than 45 days not later than
be opened in the presence of both houses of Congress, assembled in joint 60 days from the time of the enactment of the law.
public session. d) The 3 readings for the special law need not be held on separate days.
4) The Congress, after determining the authenticity and due execution of e) The law shall be deemed enacted upon its approval on third reading.
the certificates, shall canvass the votes. BUT: No special election shall be called if the vacancy occurs within 18
5) The person receiving the highest number of votes shall be proclaimed months before the date of the next presidential election.
elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by a 5) Temporary disability of the President:
majority of ALL the members of both Houses, voting separately. In case this The temporary inability of the President to discharge his duties may be
results in a deadlock, the Senate President shall be the acting President until raised in either of two ways:
the deadlock is broken. a) By the President himself, when he sends a written declaration to the
7) The Supreme Court en banc shall act as the sole judge over all contests Senate President and the Speaker of the House. In this case, the Vice-
relating to the election, returns, and qualifications of the President or Vice- President will be Acting President until the President transmits a written
President and may promulgate its rules for the purpose. declaration to the contrary.
b) When a majority of the Cabinet members transmit to the Senate
Term of Office President and the Speaker their written declaration.
1) President (i) The VP will immediately be Acting President.
a) 6 years beginning at noon on 30 June immediately following the election (ii) BUT: If the President transmits a written declaration that he is not
and ending at noon on the same day 6 years later. disabled, he reassumes his position.
b) Term limitation: Single term only; not eligible for any reelection. (iii) If within 5 days after the President re-assumes his position, the
c) Any person who has succeeded as President, and served as such for majority of the Cabinet retransmits their written declaration, Congress shall
more than 4 years shall NOT be qualified for election to the same office at decide the issue. In this event, Congress shall reconvene within 48 hours if it
any time. is not in session, without need of a call.
(iv) Within 10 days after Congress is required to assemble, or 12 days if
2) Vice-President: Congress is not in session, a 2/3 majority of both Houses, voting separately,
a) 6 years, starting and ending the same time as the President. is needed to find the President temporarily disabled, in which case, the VP
b) Term limitation: 2 successive terms. will be Acting President.
c) Voluntary renunciation of the office for any length of time is NOT an
interruption in the continuity of service for the full term for which the Vice- 6) Presidential Illness:
President was elected. a) If the President is seriously ill, the public must be informed thereof.
b) Even during such illness, the National Security Adviser, the Secretary of
Sec. 6. SALARIES AND EMOLUMENTS Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the
1) Official salaries are determined by law. President
2) Salaries cannot be decreased during the TENURE of the President and
the Vice-President. Sec. 13. DISQUALIFICATIONS
3) Increases take effect only after the expiration of the TERM of the SUBJECT SOURCE OF DISQUALIFICATION
incumbent during which the increase was approved. President, Vice-President, Prohibited from:
4) Prohibited from receiving any other emolument from the government or Cabinet Members, 1. Holding any office or employment
any other source during their TENURE Deputies or Assistants of during their tenure, UNLESS:
Cabinet Members
Sec. 7-12, PRESIDENTIAL SUCCESSION 1. otherwise provided in the
Constitution (e.g. VP can be appointed a
1. Vacancies at the beginning of the term
Cabinet Member, Sec. of Justice sits on
VACANCY SUCCESSOR Judicial and Bar Council); or
President-elect fails to qualify or to VP-elect will be Acting President 2. the positions are ex-officio and
be chosen until someone is qualified/chosen as they do not receive any salary or other
President. emoluments therefor (e.g. Sec. of Finance
President-elect dies or is VP becomes President. is head of Monetary Board).
permanently disabled.
Both President and VP-elect are 1. Senate President or 1. Practicing, directly or indirectly,
not chosen or do not qualify 2.or In case of his inability, the Speaker any other profession during their tenure;
both die, or both become of the House shall act as President
permanently disabled. until a President or a VP shall have 1. Participating in any business;
been chosen and qualified.
In case of death or disability of (1) 1. Being financially interested in any
and (2), Congress shall determine, contract with, or in any franchise, or special
by law, who will be the acting privilege granted by the government or any
President. subdivision, agency or instrumentality
2. Vacancies after the office is initially filled: thereof, including GOCCs or their
 subsidiaries. Note: Once appointee accepts, President can no longer withdraw the
appointment.
N.B. The rule on disqualifications for the
President and his Cabinet are stricter than Ad-interim appointments:
the normal rules applicable to appointive 1) When Congress is in recess, the President may still appoint officers to
and elective officers under Art. IX-B, Sec. 7. positions subject to CA confirmation.
Spouses and 4th degree Cannot be appointed during Presidents 2) These appointments are effective immediately, but are only effective
relatives of the President tenure as: until they are disapproved by the CA or until the next adjournment of
(consanguinity or affinity) Congress.
1. Members of the Constitutional 3) Appointments to fill an office in an acting capacity are NOT ad-interim
Commissions; in nature and need no CA approval.
2. Office of the Ombudsman;
3. Department Secretaries; Appointments by an Acting President:
4. Department under-secretaries; These shall remain effective UNLESS revoked by the elected President
5. Chairman or heads of bureaus or within 90 days from his assumption or re-assumption of office.
offices including GOCCs and their
subsidiaries. Limitation
1) 2 months immediately before the next Presidential elections, and up to
N.B. the end of his term, the President or Acting President SHALL NOT make
1. If the spouse, etc., was already in appointments. This is to prevent the practice of midnight appointments.
any of the above offices at the time before 2) EXCEPTION:
his/her spouse became President, he/she a) Can make TEMPORARY APPOINTMENTS
may continue in office. What is prohibited is b) To fill EXECUTIVE POSITIONS;
appointment and reappointment, NOT c) If continued vacancies therein will prejudice public service or endanger
continuation in office. public safety.
2. Spouses, etc., can be appointed to
the judiciary and as ambassadors and Sec. 17. Power of Control and Supervision
consuls.
Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate
Sec. 14-16. POWER TO APPOINT officer has done in the performance of his duties, and to substitute the
judgment of the officer for that of his subordinate. Thus, the President
Principles: exercises control over all the executive departments, bureaus, and offices.
1) Since the power to appoint is executive in nature, Congress cannot The Presidents power over government-owned corporations comes not from
usurp this function. the Constitution but from statute. Hence, it may be taken away by statute.
2) While Congress (and the Constitution in certain cases) may prescribe
the qualifications for particular offices, the determination of who among those Qualified Political Agency:
who are qualified will be appointed is the Presidents prerogative. 1) Since all executive and administrative organizations are adjuncts of the
Executive Department, the heads of such departments, etc. are assistants
Scope: and agents of the President.
The President shall appoint the following: 2) Thus, generally the acts of these department heads, etc, which are
1) Heads of executive departments (CA confirmation needed): performed and promulgated in the regular course of business, are
2) Ambassadors, other public ministers, and consuls (CA confirmation presumptively the acts of the President.
needed). 3) Exception: If the acts are disapproved or reprobated by the President.
3) Officers of AFP from rank of colonel or naval captain (CA confirmation 4) Under Administrative Law, decisions of Department Secretaries need
needed). not be appealed to the President in order to comply with the requirement of
4) Other officers whose appointment is vested in him by the Constitution exhaustion of administrative remedies.
(CA confirmation needed), such as: 5) Qualified political agency does NOT apply if the President is required to
a) Chairmen and members of the COMELEC, COA and CSC. act in person by law or by the Constitution. Example: The power to grant
b) Regular members of the Judicial and Bar Council. pardons must be exercised personally by the President.
c) The Ombudsman and his deputies;
d) Sectoral representatives in Congress. Disciplinary Powers:
N.B. President also appoints members of the Supreme Court and 1) The power of the President to discipline officers flows from the power to
judges of the lower courts, but these appointments do not need CA appoint the, and NOT from the power control.
confirmation. 2) BUT While the President may remove from office those who are not
5) All other officers whose appointments are not otherwise provided for by entitled to security of tenure, or those officers with no set terms, such as
law; and those whom he may be authorized by law to appoint. Department Heads, the officers, and employees entitled to security of tenure
a) This includes the Chairman and members of the Commission on cannot be summarily removed from office.
Human Rights, whose appointments are provided for by law NOT by the
Constitution. Power of Supervision:
b) Congress may, by law, vest the appointment of other officers lower in 1) This is the power of a superior officer to ensure that the laws are
rank in the President alone or in the courts, or in the heads of departments, faithfully executed by subordinates.
agencies, boards or commissions. 2) The power of the president over local government units is only of
c) BUT: Congress cannot, by law, require CA confirmation of the general supervision. Thus, he can only interfere with the actions of their
appointment of other officers for offices created subsequent to the 1987 executive heads if these are contrary to law.
Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor). 3) The execution of laws is an OBLIGATION of the President. He cannot
d) ALSO: Voluntary submission by the President to the CA for suspend the operation of laws.
confirmation of an appointment which is not required to be confirmed does 4) The power of supervision does not include the power of control; but the
not vest the CA with jurisdiction. The President cannot extend the scope of power of control necessarily includes the power of supervision.
the CAs power as provided for in the Constitution.
Sec. 18. COMMANDER-IN-CHIEF POWERS
Procedure:
1) CA confirmation needed: Scope:
a) Nomination by President 1) The President is the Commander-in-Chief of the Armed Forces.
b) Confirmation by CA 2) Whenever necessary, the President may call out the AFP to PREVENT
c) Appointment by President; and or SUPPRESS:
d) Acceptance by appointee. a) Lawless violence;
Note: At any time before all four steps have been complied with, the b) Invasion; or
President can withdraw the nomination/appointment. c) Rebellion.
3) The President may also:
2) No CA confirmation: a) Suspend the privilege of the writ of habeas corpus; and
a) Appointment; and b) Proclaim a state of martial law.
b) Acceptance.
Suspension of the privilege of the writ of habeas corpus and declaring Granted to a CLASS of persons Granted to INDIVIDUALS
martial law; Need not be accepted Must be accepted
1. Grounds Requires concurrence of No need for Congressional
1. Invasion or majority of all members of concurrence
2. Rebellion; and Congress
3. Public safety requires it. A public act. Subject to judicial Private act of President. It must be
1. The invasion or rebellion must be ACTUAL and not merely notice proved.
imminent. Extinguishes the offense itself Only penalties are extinguished.
1. Limitations: May or may not restore political
1. Suspension or proclamation is effective for only 60 days. rights. Absolute pardon restores.
1. Within 48 hours from the declaration or suspension, the President Conditional does not.
must submit a report to Congress. Civil indemnity is not extinguished.
1. Congress, by majority vote and voting jointly, may revoke the same, May be granted before or after Only granted after conviction by final
and the President cannot set aside the revocation. conviction judgement
1. In the same manner, at the Presidents initiative, Congress can
extend the same for a period determined by Congress if:
Sec. 20. Power to Contract or Guarantee Foreign Loans
i. Invasion or rebellion persist and
ii. Public safety requires it.
Limitations:
NOTE: Congress CANNOT extend the period motu propio.
(1) The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary Board;
Supreme Court review:
and
i. The appropriate proceeding can be filed by any citizen.
(2) Subject to such limitations as may be provided by law.
ii. The SC can review the FACTUAL BASIS of the proclamation or
suspension.
Sec. 21. Foreign Relations Powers include:
iii. Decision is promulgated within 30 days from filing.
(1) Power to negotiate treaties and other international agreements
(a) BUT: Such treaty of international agreement must be concurred in by at
f. Martial Law does NOT:
least 2/3 of all Senators in order to be valid and effective in our country.
i. Suspend the operation of the Constitution.
(b) Options of Senate when a treaty is submitted for its approval:
ii. Supplant the functioning of the civil courts or legislative assemblies.
(i) Approve with 2/3 majority;
iii. Authorize conferment of jurisdiction on military courts over civilians where
(ii) Disapprove outright; or
civil courts are able to function and
(iii) Approve conditionally, with suggested amendments.
iv. Automatically suspend the privilege of the writ.
(c) If treaty is not re-negotiated, no treaty
(d) If treaty is re-negotiated and the Senates suggestions are incorporated,
Suspension of privilege of the writ:
the treaty will go into effect without need of further Senate approval.
i. Applies ONLY to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion.
Note: While our municipal law makes a distinction between international
ii. Anyone arrested or detained during suspension must be charged within 3
agreements and executive agreements, with the former requiring Senate
days. Otherwise he should be released.
approval and the latter not needing the same, under international law, there
Note: While the suspension of the privilege of writ and the proclamation of
is no such distinction.
martial law is subject to judicial review, the actual use by the President of the
armed forces is not. Thus, troop deployments in times of war is subject to
Note: The President cannot, by executive agreement, undertake an
the Presidents judgment and discretion.
obligation which indirectly circumvents a legal prohibition.
(e) Conflict between treaty and municipal law.
Sec. 19: EXECUTIVE CLEMENCY
(i) Philippine court:
The later enactment will prevail, be it treaty or law, as it is the latest
Scope:
expression of the States will.
1.) The President may grant the following: [ Pa R C Re]
(ii) International tribunal
1. Pardons (conditional or plenary)
Treaty will always prevail. A State cannot plead its municipal law to justify
2. Reprieves
noncompliance with an international obligation.
3. Commutations
(2) Power to appoint ambassadors, other public ministers, and consuls.
4. Remittance of fines and forfeitures
(3) Power to receive ambassadors and other public ministers accredited to
2.) These may only be granted AFTER conviction by final judgment.
the Philippines.
3.) ALSO: The power to grant clemency includes cases involving
(4) Power to contract and guarantee foreign loans on behalf of the Republic
administrative penalties.
(5) Power to deport aliens
4.) Where a conditional pardon is granted, the determination of whether it
(a) This power is vested in the President by virtue of his office, subject only
has been violated rests with the President.
to restrictions as may be provided by legislation as regards the grounds for
deportation.
Limitations:
(b) In the absence of any legislative restriction to authority, the President
1.) As to scope:
may still exercise this power.
Cannot be granted:
(c) The power to deport aliens is limited by the requirements of due
a.) Before conviction
process, which entitles the alien to a full and fair hearing.
b.) In cases of impeachment
BUT: The alien is not entitled to bail as a matter of right.
c.) For violations of election laws, rules, and regulation without the
favorable recommendation of the COMELEC
d.) In cases of civil or legislative contempt
2.) As to effect: ARTICLE VIII. THE JUDICIAL DEPARTMENT
a.) Does not absolve civil liabilities for an offense.
b.) Does not restore public offices already forfeited, although eligibility for Sec. 1. JUDICIAL POWER
the same may be restored.
Scope:
Amnesty: 1. Judicial power is the authority to settle justiciable controversies or disputes
1.) An act of grace concurred in by Congress, usually extended to groups involving rights that are enforceable and demandable before the courts of
of persons who commit political offenses, which puts into oblivion the offense justice or the redress of wrongs for violations of such rights.
itself. 2. Vested in the Supreme Court and such lower courts as may be
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence established by law.
by a majority of all the members of Congress. 3. Since the courts are given judicial power and nothing more, courts may
3.) When a person applies for amnesty, he must admit his guilt of the neither attempt to assume or be compelled to perform non-judicial functions.
offense which is subject to such amnesty. If his application is denied, he can They may not be charged with administrative functions except when
be convicted based on this admission of guilt. reasonably incidental to the fulfillment of their duties.
4.) Amnesty V. Pardon 4. In order that courts may exercise this power, there must exist the
following:
AMNESTY PARDON 1. An actual controversy with legally demandable and enforceable
Addressed to POLITICAL offenses Addressed to ORDINARY offenses rights;
 2. Involving real parties in interest; 3. Representative of Congress, as an ex-officio member
3. The exercise of such power will bind the parties by virtue of the 4. Representative of the Integrated Bar
courts application of existing laws. 5. A professor of law
5. Judicial power cannot be exercised in vacuum. Without any laws from 6. A retired member of the SC; and
which rights arise and which are violated, there can be no recourse to the 7. Private sector representative
courts. Note: The last four re the regular members of the JBC. Regular members
6. The courts cannot be asked for advisory opinions. are appointed by the President with CA approval. Regular members serve
7. Judicial power includes: for 4 years, with staggered terms.
1. The duty of the courts to settle actual controversies involving rights
which are legally demandable and enforceable; and B. Functions of JBC
1. To determine whether or not there has been a grave abuse of 1. Principal function: recommend appointees to the Judiciary
discretion amounting to lack or excess of jurisdiction on the part of 2. Exercise such other functions as the SC may assign to it.
any branch or instrumentality of the government.
C. Appointments to the Judiciary
Political Questions: 1. President shall appoint from a list of at least 3 nominees for each
1. A political question is one the resolution of which has been vested by the vacancy, as prepared by the JBC.
Constitution exclusively in either the people, in the exercise of their sovereign 2. No CA confirmation is needed for appointments to the Judiciary.
capacity, or in which full discretionary authority has been delegated to a co- 3. Vacancies in SC should be filled within 90 days from the occurrence
equal branch of the Government. of the vacancy.
2. Thus, while courts can determine questions of legality with respect to 4. Vacancies in lower courts should be filled within 90 days from
governmental action, they cannot review government policy and the wisdom submission to the President of the JBC list.
thereof, for these questions have been vested by the Constitution in the
Executive and Legislative Departments. Sec. 10. SALARIES
1. Salaries of SC Justices and judges of lower courts shall be fixed by law.
Sec. 2. ROLES OF CONGRESS 2. Cannot be decreased during their continuance in office, but can be
1. Defining enforceable and demandable rights and prescribing remedies for increased.
violations of such rights; and 3. Members of the Judiciary are NOT exempt from payment of income tax.
2. Determining the court with jurisdiction to hear and decide controversies or
disputes arising from legal rights. Sec. 11. TENURE/DISCIPLINARY POWERS OF SC
3. Thus, Congress has the power to define, prescribe and apportion the 1. Members of the SC and judges of the lower courts hold office during good
jurisdiction of various courts. behavior until
1. BUT, Congress cannot deprive the Supreme Court of its jurisdiction a. The age of 70 years old; or
over cases provided for in the Constitution. b. They become incapacitated to discharge their duties.
2. Creation and abolition of courts:
1. The power to create courts implies the power to abolish 2. Disciplinary action against judges of lower courts:
and even re-organize courts. a. Only the SC en banc has jurisdiction to discipline or dismiss judges of
2. BUT this power cannot be exercised in a manner which lower courts.
would undermine the security of tenure of the judiciary. b. Disciplinary action/dismissal: Majority vote of SC Justices who took part
3. If the abolition/re-organization is done in good faith and in the deliberations and voted therein.
not for political or personal reasons, then it is VALID.
(same rule applies for civil servants) 3. Removal of SC Justices:
a. Only by IMPEACHMENT.
Sec. 3. FISCAL AUTONOMY b. Cannot be disbarred while they hold office.
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced below the Secs. 4-6, 13. THE SUPREME COURT
amount appropriated for the previous year.
3. Once approved, appropriations shall be automatically and regularly Hearing of cases:
released. 1. En banc; or
2. Divisions of 3, 5, or 7.
Secs. 4-7; 12 JUDICIARY
Cases required to be heard en banc:
Composition of the Supreme Court: 1. All cases involving constitutionality of a/an:
1. Chief Justice and a. Treaty
2. 14 Associate Justices b. International or executive agreement or
Note: Members of the Supreme Court and of other courts established by law c. Law.
shall not be designated to any agency performing quasi-judicial or 2. All cases required to be heard en banc under the Rules of Court:
administrative functions. a. Appeals from Sandiganbayan; and
b. From the Constitutional Commissions
Qualifications of members of the SC: 3. All cases involving the constitutionality, application or operation of
1. Natural born citizen of the Philippines a. Presidential decrees
2. At least 40 years old b. Proclamations
3. At least 15 years of experience as a judge or in the practice of law in the c. Orders
Philippines d. Instructions
4. Person of proven competence, integrity, probity and independence. e. Ordinances; and
f. Other regulations.
Qualifications of members of lower collegiate courts (CA, CTA, 4. Cases heard by a division where required majority of 3 was not obtained.
Sandiganbayan) 5. Cases where SC modifies or reverses a doctrine or principle of law laid
1. Natural born citizen of the Philippines down by the SC en banc or by a division.
2. Member of the Philippine bar 6. Administrative cases to discipline or dismiss judges of lower courts; and
3. Possesses other qualifications prescribed by Congress 7. Election contests for President and Vice-President.
4. Person of proven competence, integrity, probity and independence.
Cases heard by division
Qualifications of judges of lower non-collegiate courts: 1. Must be decided with the concurrence of a majority of the members who
1. Citizen of the Philippines (may be a naturalized citizen) took part in the deliberations and voted thereon.
2. Member of the Philippine Bar 2. Majority vote in a division should be at least 3 members.
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence. Powers of the SC
1. SC has ORIGINAL jurisdiction over
Section 8. JUDICIAL AND BAR COUNCIL a. Cases affecting ambassadors, other public ministers and consuls.
1. The Judicial and Bar Council is under the supervision of the SC. Note: This refers to foreign ambassadors, etc., stationed in the Philippines.
A. Is under the supervision of the Supreme Court and is composed of: b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas
1. Chief Justice, as ex-officio chairman corpus.
2. Secretary of Justice, as an ex-officio member
2. SC has APPELLATE jurisdiction over final judgments and orders in the Sec. 14. DECISIONS
following: 1. Decisions MUST state clearly and distinctly the facts and the law on
a. All cases involving the constitutionality or validity of any which it is based.
1. treaty 2. Refusal to give due course to petitions for review and motions for
2. international or executive agreement reconsideration must state the legal basis for such refusal.
3. law 3. Memorandum decisions, where the appellate court adopts the findings of
4. presidential decree fact and law of the lower court, are allowed as long as the decision adopted
5. proclamation by reference is attached to the Memorandum for easy reference.
6. order 4. These rules only apply to courts. They do not apply to quasi-judicial or
7. instruction administrative bodies nor to military tribunals.
8. ordinance, or
9. regulation;
b. All cases involving the legality of any ARTICLE IX THE CONSTITUTIONAL COMMISSIONS
1. tax
2. impost Section 1. Constitutional Commissions
3. assessment or
4. toll or Independent Constitutional Commissions:
5. any penalty imposed in relation thereto; 1) Civil Service Commission (CSC)
c. All cases in which the jurisdiction of any lower court is in issue 2) Commission on Elections (COMELEC)
d. Criminal cases where the penalty imposed is reclusion perpetua or higher; 3) Commission on Audit (COA)
and
e. All cases where ONLY errors or questions of law are involved. Why Independent?
3. Temporarily assign lower court judges to other stations in the public They perform vital functions of government. Their integrity is protected by
interest. the fact that they:
Note: Temporary assignment shall not exceed 6 months without the consent 1) Are constitutionally created (Sec. 1)
of the judge concerned. 2) Have independent powers of appointment (Sec. 4)
4. Order a change of venue or place of trial to avoid a miscarriage of justice. 3) Each Commission may promulgate its own procedural rules (Sec. 6)
5. Promulgate rules concerning: 4) Fiscal autonomy (Sec. 5)
a. The protection and enforcement of constitutional rights; 5) Salaries may not be diminished during their office (Sec. 3)
b. Pleading, practice and procedure in all courts; 6) Commissioners have a fixed term
c. Admission to the practice of law; 7) Commissioners are removable by impeachment only.
d. The Integrated Bar; and
e. Legal assistance to the underprivileged. Section 2. DISQUALIFICATIONS
Limitations on Rule Making Power
a. It should provide a simplified and inexpensive procedure for the speedy Disqualifications:
disposition of cases. Members cannot, during their tenure:
b. It should be uniform for all courts of the same grade. 1) Hold any other office or employment;
c. It should not diminish, increase, or modify substantive rights. 2) Engage in the practice of any profession;
6. Appoint ALL officials and employees of the Judiciary, in accordance with 3) Engage in the active management or control of any business, which, in
Civil Service Law. any way, may be affected by the functions of their office; and
7. Exercise administrative supervision over ALL courts and the personnel 4) Be financially interested, direct or indirect, in any contract, franchise,
thereof. privilege granted by the government, any of its subdivisions, agencies,
instrumentalities, including GOCCs and their subsidiaries.
Decisions of the Supreme Court: Note: The Ombudsman and his deputies are subject to the same
1. Reached in consultation before being assigned to a member for the writing qualifications.
of the opinion.
2. A certification to this effect must be signed by the Chief Justice and Section 3. SALARIES
attached to the record of the case and served upon the parties.
3. Members of the SC who took no part, or who dissented or abstained must Salaries
state the reasons therefore. 1) Salaries are fixed by law and shall not be decreased during their
Note: This procedure shall also be observed by all lower collegiate courts TENURE.
(CA, CTA, and the Sandiganbayan). 2) Decreases in salaries only affect those members appointed AFTER
increase.
JUDICIAL REVIEW 3) Incumbent members do not lose any salary.
4) Increases take effect IMMEDIATELY.
Definition
1. Judicial Review is the power of the SC to declare a law, treaty, Section 6. RULES OF PROCEDURE
ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to Procedures:
the appellate jurisdiction of the SC. 1) Rules: The Commissions may promulgate its own rules EN BANC.
3. Only SC decisions are precedent, and thus, only SC decisions are 2) Limitation: It shall not:
binding on all. a) Diminish,
b) Increase, or
Requisites Code: [A R S Co R] c) Modify substantive rights.
1. An ACTUAL CASE calling for the exercise of judicial power 3) Power of SC
2. The question involved must be RIPE FOR ADJUDICATION, i.e. the a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to
government act must have had an adverse effect on the person challenging disapprove rules of special courts and quasi-judicial bodies.
it. b). In proceedings before the Commissions, the rules of the Commission
3. The person challenging the governmental act must have STANDING, i.e. prevail.
a personal and substantial interest in the case such that he has sustained, or c). In proceedings before a court, the Rules of Court prevail.
will sustain, direct injury as a result of its enforcement. d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW
4. The question of Constitutionality must be raised in the first instance, or at
the earliest opportunity. Section 7. DECISION MAKING/APPEAL
5. Resolution of the issue of constitutionality is unavoidable or is the very lis
mota. Decision-Making:
1) Each commission shall decide matter or cases by a majority vote of all the
Effect of a declaration of unconstitutionality: members within 60 days from submission.
1. Prior to the declaration that a particular law is unconstitutional, it is
COMELEC may sit en banc or in 2 divisions.
considered as an operative fact which at that time had to be complied with.
2. Thus, vested rights may have been acquired under such law before it was Election cases, including pre-proclamation controversies are
declared unconstitutional. decided in division, with motions for reconsideration filed to the
3. These rights are not prejudiced by the subsequent declaration that the law COMELEC en banc.
is unconstitutional.
 The SC has held that a majority decision decided by a division of
the COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one, and no one
member can decide a case for the entire commission. (i.e. The Chairman
cannot ratify a decision which would otherwise have been void).
F. Next-In-Rank Rule
While a person next in rank is entitled to preferential consideration,
it does not follow that only he, and no one else, can be appointed.
Such person has no vested right to the position and the appointing
authority is not bound to appoint the person next in rank.

Appeals: Tenure (Classification of Positions)

1) Decisions, orders or rulings of the COMELEC/COA may be brought on Career Service Non-Career Service
certiorari to the SC under Rule 65. 1. Entrance based on merit and 1. Entrance on bases OTHER than
2) Decisions, orders or ruling of the CSC should be appealed to the CA fitness to be determined as far as usual tests of merit and fitness.
under Rule 43. practicable by competitive
examinations or based on highly
Enforcement: technical qualifications.
It has been held that the CSC can issue a writ of execution to 2. Entitled to security of tenure 1. Tenure limited to:
enforce judgments which are final. a) Period specified by law,
b) Coterminous with the
THE CIVIL SERVICE COMMISSION appointing authority or subject to
his pleasure, or
Section 1. COMPOSITION/QUALIFICATIONS/TERM c) Limited to the duration of a
particular project for which purpose
Composition: the employment was made.
1) Chairman 3. With opportunity for
2) Commissioners 2 commissioners advancement to higher career
positions.
Qualifications:
1) Natural-born citizens of the Philippines; Security of Tenure:
2) At least 35 years old at the time of their appointments; 1) Officers or employees of the Civil Service cannot be removed or
3) With proven capacity for public administration; and suspended EXCEPT for cause provided by law. It guarantees both
4) NOT candidates for any elective position in the elections immediately procedural and substantive due process.
preceding their appointment. 2) For LEGAL CAUSE Cause is:
5) Appointees by the President to the CSC need Commission on a). related to and affects the administration of office, and
Appointments (CA) confirmation b). must be substantial (directly affects the rights & interests of the public)
3) Security of tenure for Non-competitive positions
Term: a). Primarily confidential officers and employees hold office only for so long
1) Chairman -7 years; Commissioner1 5 yrs; Commissioner2 3 yrs as confidence in them remains.
2) Limitation: single term only, no reappointment b). If there is GENUINE loss of confidence, there is no removal, but the
3) Appointment to vacancy: only for unexpired term of predecessor expiration of the term of office
4) No temporary appointments, or appointments in acting capacity. c). Non-career service officers and employees do not enjoy security of
tenure.
Section 2. Scope: d). Political appointees in the foreign service possess tenure coterminous
with that of the appointing authority or subject to his pleasure.
The Civil Service embraces all: 4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one
A. branches, who is not appointed by the proper appointing authority does not acquire
B. subdivisions, security of tenure.
C. instrumentalities, Abolition of Office
D. agencies of the government, To be valid, abolition must be made:
E. including GOCCs with original charters. (a) In good faith; (good faith is presumed)
1.With Original Charter means that the GOCC was created by special (b) Not for political or personal reasons; and
law/by Congress (c) Not in violation of law
2. If incorporated under the Corporation Code, it does not fall within the Civil
Service, and is not subject to the CSC jurisdiction. Temporary employees are covered by the following rules:
3. Even if once government-controlled, then becomes privatized, ceases to 1). Not protected by security of tenure can be removed anytime even
fall under CSC. without cause
4. Jurisdiction is determined as of the time of filing the complaint. 2). If they are separated, this is considered an expiration of his term.
3). BUT: They can only be removed by the one who appointed them.
Appointments to civil service shall be: 4). Entitled only to such protection as may be provided by law.

A. Competitive positions
According to merit and fitness to be determined by competitive
examinations, as far as practicable except to positions which are
policy-determining, primarily confidential, or highly technical.
B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
a) Policy-determining formulate a method of action for the govt
b) Primarily confidential more than ordinary confidence; close intimacy
insures freedom of intercourse without betrayals of personal trust
c) Highly technical requires technical skill to a superior degree.
C. The TEST to determine whether non/competitive is the Nature of the
responsibilities, NOT the administrative or legislative description given
to it.
D. Both types of positions are entitled to security of tenure. They only
differ in the MANNER in which they are filled.
E. Who may be appointed:
1). RULE: Whoever fulfills all the qualifications prescribed by law for a
particular position may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person
is better qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
No officer or employee in the Civil Service shall engage in any
electioneering or in partisan political activity
1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute campaign materials.
3) BUT: Allowed to express views on political issues, and to mention the
names of the candidates whom he supports.
4) Prohibition does not apply to department secretaries
Right to organize
The right to organize does NOT include the right to strike
Sections 6-7. DISQUALIFICATION
Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government or GOCCs or their
subsidiaries.
b). Period of disqualification: One (1) year after such election.
2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY
PUBLIC OFFICE or position during their tenure.
b). EXCEPTION: May hold ex officio positions.
Examples:
The Vice President may be appointed Cabinet member
Congressman may sit in the Judicial and Bar Council
c). To be eligible to hold any other office, the elected official must first resign C. Decisions, final orders, or rulings of the Commission on election contests
his office involving elective municipal and barangay offices shall be final, executory,
d). Even Congress cannot, by law, authorize the appointment of an elective and not appealable.
official.
Exception: Appealable to the SC on questions of law.
3). Appointive officials 1. Contempt powers
a). Cannot hold any other office or employment in the government, any 1. COMELEC can exercise this power only in relation to its adjudicatory or
subdivision, agency, instrumentality, including GOCCs and their quasi-judicial functions. It CANNOT exercise this in connection with its
subsidiaries. purely executive or ministerial functions.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary 2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-
functions of his position. judicial/administrative powers.
c). This exception DOES NOT APPLY to Cabinet members, and those 3. Its jurisdiction over contests (after proclamation), is in exercise of its
officers mentioned in Art. VII, Sec. 13. They are governed by the stricter judicial functions.
prohibitions contained therein. E. The COMELEC may issue writs of certiorari, prohibition and mandamus in
exercise of its appellate jurisdiction. This is not an inherent power.
Section 8. COMPENSATION
1) Prohibitions: applies to elected or appointed officers and 3) Decide, except those involving the right to vote, all questions affecting
employees elections, including determination of the number and location of polling
places, appointment of election officials and inspectors, and registration of
Cannot receive: voters.
A. Additional - an extra reward given for the same office i.e. bonus Note: Questions involving the right to vote fall within the jurisdiction of the
B. Double - when an officer is given 2 sets of compensation for 2 different ordinary courts.
offices held concurrently by 1 officer 4) Deputize, with the concurrence of the President, law enforcement
C. Indirect Compensation agencies and instrumentalities of the Government, including the Armed
Forces of the Philippines, for the exclusive purpose of ensuring free, orderly,
2) EXCEPTION: Unless specifically authorized by law honest, peaceful, and credible elections.
A. SPECIFICALLY AUTHORIZED means a specific authority particularly a). This power is NOT limited to the election period.
directed to the officer or employee concerned. b). Applies to both criminal and administrative cases.
B. BUT: per diems and allowances given as REIMBURSEMENT for 5) Registration of political parties, organizations, or coalitions/accreditation of
expenses actually incurred are not prohibited citizens arms of the Commission on Elections.
3) Cannot accept any present, emolument, office, title of any kind from a). The political parties etc. must present their platform or program of
foreign governments UNLESS with the consent of Congress. government.
4) Pensions and gratuities are NOT considered as additional, double, or b). There should be sufficient publication
indirect compensation. c). Groups which cannot be registered:
i. Religious denominations/sects
THE COMMISSION ON ELECTIONS ii. Groups which seek to achieve their goals through violence or unlawful
means
Section 1. COMPOSITION/QUALIFICATIONS/TERM iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
Composition: (7) d). BUT: Political parties with religious affiliation or which derive their
1) Chairman and principles from religious beliefs are registerable.
2) Commissioners (6) e). Financial contributions from foreign governments and their agencies to
political parties, organizations, coalitions, or candidates related to elections
Qualifications: constitute interference in national affairs. If accepted, it is an additional
1) Natural-born citizens of the Philippines; ground for the cancellation of their registration with the Commission, in
2) At least 35 years old at the time of appointment addition to other penalties that may be prescribed by law.
3) Holders of college degrees; and 1) File, upon a verified complaint, or on its own initiative, petitions in court
4) Not candidates for any elective position in the immediately preceding for inclusion of exclusion of voters; investigate and, where appropriate,
elections. prosecute cases of violations of election laws, including acts or omissions
5) Majority of the Commission, including the Chairman must be: constituting elections frauds, offenses and malpractices.
a). Members of the Philippines Bar 1. COMELEC has exclusive jurisdiction to investigate and prosecute
b). Engaged in the practice of law for at least 10 years: any activity in or out cases for violations of election laws.
of court, which requires the application of law, legal procedure, knowledge, 2. COMELEC can deputize prosecutors for this purpose. The actions
training and experience. of the prosecutors are the actions of the COMELEC
6) Appointments subject to CA approval 3. Preliminary investigation conducted by COMELEC is valid.
2) Recommend to the Congress effective measures to minimize election
Term: spending, including limitation of places where propaganda materials shall be
1) Chairman -7 yrs; 3 Members 7 yrs; 2 Members 5 yrs; 1 Member 3 posted, and to prevent and penalize all forms of election frauds, offenses,
yrs. malpractices, and nuisance candidacies.
2) LIMITATION: Single term only: no reappointment allowed 3) Recommend to the President the removal of any officer or employee it
3) Appointment to a vacancy: only for unexpired portion of predecessors has deputized, or the imposition of any other disciplinary action, for violation
term or disregard or, or disobedience to its directive, order, or decision.
4) No temporary appointments, or appointments in acting capacity 4) Submit to the President and the congress a comprehensive report on
a). Thus, the President cannot designate an incumbent commissioner as the conduct of each election, plebiscite, initiative, referendum, or recall.
acting Chairman.
b). The choice of temporary chairman falls under the COMELECs discretion. Section 3. RULES OF PROCEDURE/DECISION-MAKING

Section 2. POWERS AND FUNCTIONS Rules of Procedure

Powers:
1) Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public works within 45 days of
an election.
1) Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.
1) COMELEC can sit en banc or in two divisions
2) It has the power to promulgate its own rules of procedure in order to
expedite disposition of election cases, including pre-election controversies.
Decision-Making
1) Election cases should be heard and decided in division. Provided that,
2) Motions for reconsideration of decisions should be decided by COMELEC
en banc.
3) Decisions mean resolutions on substantive issues.
2) If a division dismisses a case for failure of counsel to appear, the Motion
for Reconsideration here may be heard by the division.
3) EXCEPTION: COMELEC en banc may directly assume jurisdiction over
a petition to correct manifest errors in the tallying of results by Board of
Canvassers.
Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS /
GRANTS / SPECIAL PRIVILEGES / CONCESSIONS
Regulation of franchises
A. What can COMELEC supervise or regulate
1). The enjoyment or utilization of all franchises or permits for the operation
of transportation and other public utilities, media of communication or
information.
2). Grants, special privileges or concessions granted by the Government or
any subdivision, agency or instrumentality thereof, including any GOCC or its
subsidiary
B. When can COMELEC exercise this power
1). During the election period
a). Under Article XI, Section 9, the election period commences 90 days
before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important
legislative measures to the people ratification
4). Referendum: power of the electorate to approve or reject legislation
through an election called for that purpose.
COMELEC and the MEDIA
1). COMELEC cannot compel print media to donate free space to the
COMELEC. It may, however, compel it to provide space after paying just
compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For
example, COMELEC may not regulate media practitioners, for this would
violate the freedom of expression.
Section 5. No pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules, and regulations shall be granted by the
President without the favorable recommendation of the Commission.
Section 6
Definition of Political Party
organized group of persons pursuing the same political ideals in a
government and includes its branches, and divisions
Importance of registration of a political party
1) Registration confers juridical personality on the party.
2) It informs the public of the partys existence and ideals.
3) It identifies the party and its officers for purposes of regulation by the
COMELEC.
Section 7. No votes cast in favor of a political party, organization, or coalition
shall be valid, except for those registered under the party-list system as
provided in this Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system
Section 8. PARTY LIST SYSTEM
No Right to be Represented in Various Boards
Political parties, organizations, or coalitions registered under the
party-list system shall NOT be represented in the following:
1). Voters registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
Poll Watchers
Political parties, etc. are entitled to appoint poll watchers in
accordance with law.
Section 10. Bona fide candidates for any public office shall be free
from any form of harassment and discrimination.
This section does not give candidates immunity from suit.
Discrimination includes unequal treatment in the availment of media
facilities.
Section 11. FUNDING
How provided
1) Funds certified by the COMELEC as necessary to defray the expenses
for holding regular and special elections, plebiscites, initiative, referenda and
recalls, shall provided in the regular or special appropriations.
2) Funds should be certified by the COMELEC as necessary.
Release of funds
Once approved, funds should be released automatically upon
certification by the Chairman of COMELEC.
THE COMMISSION ON AUDIT
Section 1. COMPOSITION/QUALIFICATIONS
Composition:
1) Chairman, and
2) Commissioners (2).
Qualifications:
1) Natural-born citizens of the Philippines
2) At least 36 years old at the time of their appointment;
3) Either:
a). CPAs with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4) Members cannot all belong to the same profession.
5) Subject to confirmation of the CA.
6) Must not have been candidates for any elective position in the elections
immediately preceding their appointment.
Term:
1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner 2 -3 yrs.
2) LIMITATION: Single terms only; no re-appointment allowed
3) Appointments to any vacancy shall only be for the unexpired portion of
predecessors term.
Section 2. POWERS
1) Examine, audit, and settle accounts pertaining to:
1. Revenue and receipts of funds or property; or
2. Expenditures and uses of funds or property
Owned or held in trust by, or pertain to:
1. The Government;
2. Any of its subdivisions, agencies or instrumentalities;
3. Including GOCCs with original charters.
2) Conduct post-audit with respect to the following:
1. Constitutional bodies, commissions, and offices granted fiscal
autonomy;
2. Autonomous state colleges and universities;
3. GOCCs and their subsidiaries incorporated under the Corporation
Code.
4. None-governmental entities receiving subsidies or equity, directly or
indirectly, from or through the government, which are required by
law of the granting of institution to submit to such audit.
3) If COA finds internal control system of audited agencies as inadequate,
COA may adopt measures, including temporary or special pre-audit, as may
be necessary.
4) Keep the general accounts of the government, preserving vouchers and
other supporting papers pertaining thereto.
5) Exclusive authority to define the scope of COAs audit and examination
and to establish the techniques and methods required therefor.
6) Promulgate accounting and auditing rules and regulations.
1. Including those for the prevention or disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable
expenditures or uses of government funds and properties.
2. Failure to comply with these rules can be a ground for disapproving
the payment of a proposed expenditure.
Note:
1) The functions of COA can be classified as:
1. Examine and audit all forms of government revenues;
2. Examine and audit all forms of govt expenditures
3. Settle govt accounts
4. Promulgate accounting and auditing rules (including those for the
prevention of irregularexpenditures.
5. To decide administrative cases involving expenditures of public
funds.
2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which
may be adjusted simply by arithmetic process.
3) COA has authority not just over accountable officers but also over other
officers who perform functions related to accounting such as verification of
evaluations and computation of fees collectible, and the adoption of internal
rules of control.
4) COA does not have the power to fix the amount of an unfixed or
undetermined debt.
5) Where the following requirements are complied with, it becomes the
ministerial duty of the COA to approve and pass in audit vouchers for
payment:
1. There is a law appropriating funds for a particular purpose;
2. There is a contract, made by the proper officer, entered into in
conformity with the above-mentioned law;
 3. The goods or services covered by such contract have been Accrual of taxes, fees, charges
delivered or rendered in pursuance to such contract, as attested by
the proper officer; and The taxes, fees and charges shall accrue exclusively to the local
4. Payment has been authorized by officials of the corresponding governments.
department or bureau.
6) Prosecutors may still review accounts already settled and approved by Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES,
COA for the purpose of determining possible criminal liability. This is AS DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY
because COAs interest in such accounts is merely administrative. RELEASED TO THEM
7) COA has the power to determine the meaning of public bidding and
what constitutes failure when regulations require public bidding for the sale of Internal Revenue Allotment (IRA)
government property. 1) Share of LGUs in national taxes is limited to the internal revenue taxes.
2) The share of each LGU should be released, without need of any further
Section 3. No law shall be passed exempting any entity of the action, directly to the provincial, city, municipal or barangay treasurer.
Government or its subsidiary in any guise whatever, or any investment Release is made on a quarterly basis within 5 days after the end of each
of public funds, from the jurisdiction of the Commission on Audit. quarter.
3) The share of each LGU should not be subject to any lien or holdback
ARTICLE X: LOCAL GOVERNMENT that may be imposed by the national government for whatever purpose.
4) Each LGU should appropriate in its annual budget at least 20% of its
Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE annual IRA for development projects.
REPUBLIC OF THE PHILIPPINES ARE THE: 5) Adjustments in IRA
1. Ground: Unmanageable public section deficit
Composition: 2. President can make the necessary adjustments in the IRA upon the
1) Provinces recommendation of the following:
2) Cities; 1. Department of Finance Secretary
3) Municipalities; and 2. DILG Secretary
4) Barangays 3. DBM Secretary
6) IRA considered for purposes of conversion from one political
There shall be Autonomous regions in: subdivision to the next. (Alvarez v. Guingona)
1) Muslim Mindanao, and
2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE Section 7. SHARE OF LGUS IN NATIONAL WEALTH
region] Share of LGUs in national wealth
Note: 1) A third autonomous regions would require a constiutional 1) LGUs are entitled to an equitable share in the proceeds of the
amendment. utilization and development of the national wealth within their respective
2) These political subdivisions, created by the Constitution cannot be areas in the manner provided by law.
replaced by AMENDMENT, and not by law. 2) This includes share the same with the inhabitants by way of direct
3) While Congress can abolish or eradicate individual units, it cannot abolish benefits.
an entire class of LGUs Under the LGC
1) LGUs have a share of 40% of the gross collection derived by the
Section 2. Local Autonomy national government from the preceding fiscal year from
1) All political subdivisions shall enjoy local autonomy 1. Mining taxes
2) This does not mean that the LGUs are completely free from the central 2. Royalties
government. 3. Forestry and fishery charges
1. Judiciary may still pass on LGU actions 4. Other taxes, fees and charges
2. President may exercise disciplinary power over LGU officials. 5. Share in any co-production, joint venture or production sharing
agreement in the utilization and development of the national wealth
Sec. 3. Congress shall enact a local government code which shall w/in their territorial jurisdiction
provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective Sec. 8. TERM OF OFFICE
mechanisms of recall, initiative, and referendum, allocate among the
different local government units their powers, responsibilities, and Term of Office
resources, and provide for the qualifications, election, appointment and Elective local officials, now including barangay officials have a term of 3
removal, term, salaries, powers and functions and duties of local years.
officials, and all other matters relating to the organization and
operation of the local units. Limitations:
1) No elective official shall serve for more than 3 consecutive terms
Section 4. PRESIDENTIAL SUPERVISION OF LGUS 2) Voluntary renunciation of office for any length of time shall not be
Supervision of President considered as an interruption in the continuity of his service for the full term
1) The President exercises general supervision over all LGUs for which he was elected.
2) The President exercises DIRECT supervision over
1. Provinces Sec. 9. SECTORAL REPRESENTATION IN LGUS
2. Autonomous regions and
3. Independent cities. Legislative bodies of the local governments shall have Sectoral
3) This power is limited to ensuring that lower officers exercise their Representation (under the LGC) as may be provided by law
functions in accordance with law.
4) The president cannot substitute his judgment for that of an LGU official There should be representatives from:
unless the latter is acting contrary to law. 1) The womens sector
5) The President may, however, impose administrative sanctions against 2) The workers
LGU officials, such as suspension for 120 days, and may even remove them 3) Third sector (can choose from any of the following)
from their posts, in accordance with law. A) Urban poor
6) Provinces exercise direct supervision over component cities and B) Indigenous cultural communities
municipalities. C) Disabled persons
7) Cities and municipalities exercise direct supervision over component D) Any other sector as may be determined by the sanggunian
barangays.
Election of Sector Representatives
Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO
CREATE OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND Sec. 10. Creation, abolition and division of LGUs
CHARGES ETC. 1) Requisites
1. Compliance with the requirements of the Local Government Code;
Limitations on Power and
1) It is subject to such guidelines and limitations as Congress may 2. Approved by a majority of the votes cast in a plebiscite held in the
provide. See Local Government Code for examples. political units DIRECTLY affected.
2) The guidelines set by Congress should be consistent with the basic
policy of local autonomy.
2) Thus, a province is supposed to be divided into 2 separate provinces,
plebiscite will include voters of the ENTIRE province, and not just the area to
comprise the new province.
3) LGC requirements relate to matters such as population, revenue, and
area requirements.
4) If only 1 province approved the law, NO AUTONOMOUS REGION
created, since the constitution requires more than one province to constitute
one (like what happened in the Cordillera plebiscite)
5) The question of which LGUs shall constitute an autonomous region is
one which is exclusively for Congress to decide.

Sec. 11. Metropolitan political subdivisions Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS
Creation: By Whom:
1) Congress may create special metropolitan political subdivisions by law. The President
2) It is subject to a plebiscite
Jurisdiction of Metropolitan authority Purpose:
It is limited to basic services requiring coordination. To ensure that the laws are faithfully executed.
Basic Autonomy of Component Cities and Municipalities
1) The component cities and municipalities retain their basic autonomy Sec. 17. All powers, functions and responsibilities not granted by this
2) They shall be entitled to their own local executive and legislative Constitution or by law to the autonomous region shall be vested in the
assemblies. National Government.
Examples: 1) Foreign relations,
Sec. 12. CITIES 2) National defense and Security
Classification of Cities: 3) Monetary Affairs
1) Highly urbanized (as determined by law)
2) Component cities (cities still under provincial control); and Section 20. LEGISLATIVE POWERS
3) Independent component cities (non-highly urbanized cities whose The Organic Act of Autonomous Region shall provide for legislative
voters are prohibited by thecity charter from voting in provincial elections) powers over:
Independence from the Province 1) Administrative organization;
1) Highly urbanized cities and independent component cities are 2) Creation of sources of revenues;
independent of the province. 3) Ancestral domain and natural resources
2) Component cities whose charter contain no such prohibition are still 4) Personal, family and property relations
under the control of the province and its voters may still vote for elective 5) Regional, urban, and rural planning development;
provincial officials. 6) Economic, social, and tourism development;
7) Educational policies;
Section 13. Coordination among LGUS 8) Preservation and development of the cultural heritage; and
Consolidation and Coordination of Efforts, Services and Resources 9) Such other matters as may be authorized by law for the promotion of
1) It is optional on the part of LGUs as shown by the use of the word the general welfare of the people of the region.
may
2) It can be done for purposes commonly beneficial to them in Limitations:
accordance with the law. 1) Subject to the provisions of the Constitution and national laws
2) To be exercised within its territorial jurisdiction
Under LGC (Section 33)
1) Consolidation and coordination may be done through appropriate Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND
ordinances. SECURITY
2) A public hearing should be conducted and the approval of the Peace and Order
sanggunian obtained. It shall be the responsibility of the local police agencies.
3) An LGU can: Defense and Security
1. Contribute funds, real estate, equipment and other kinds of property It shall be the responsibility of the national government.
2. Appoint/assign personnel under such terms and conditions as may
be agreed upon by the participating LGUs through Memoranda of ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS
Agreement.
Section 1: PUBLIC OFFICE AS A PUBLIC TRUST
Section 14. REGIONAL DEVELOPMENT COUNCILS Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty and
Who can provide for RDC efficiency, act with patriotism and justice and lead modest lives.
The President shall provide for RDC or other similar bodies composed of:
Composition Section 2: IMPEACHMENT/REMOVAL FROM OFFICE
1) Local government officials Impeachment: (as means of removal from office)
2) Regional heads of departments and other government offices
3) Representatives of NGOS within the regions 1. Who may be impeached:
For Purpose of - President
1) Administrative decentralization - VP
2) To strengthen local autonomy - SC Justices
3) To accelerate the economic and social growth and development of the - Constitutional Commission members
units in the region - Ombudsman
Section 15. AUTONOMOUS REGIONS 2. Grounds
Where: - Culpable violation of the Constitution
1) Muslim Mindanao - treason
2) Cordillera region - bribery
- graft and corruption
Factors: - other high crimes or
1) Historical heritage - betrayal of public trust
2) Cultural heritage
3) Economic and social structures, Note: It is an exclusive list. Congress cannot, by law, add to the list of
4) Other relevant characteristics within: impeachable offenses.
1. The framework of the consititution 1. These officers cannot be charged in court with offenses that have
2. National sovereignty removal from office as penalty.
3. Territorial integrity. 2. The President cannot be charged with murder.
3. A SC Justice cannot be disbarred because this would disqualify him
Creation: from his position.
1) Provided by law. 4. BUT AFTER an official has been impeached, he can be charged
2) EFFECTIVITY of such creation occurs only when it is approved by a with the appropriate offense.
majority of the votes cast in a plebiscite held among the constituent units. 5. Resignation by an impeachable official does not place him beyond
3) Only those Provinces, Cities, and Geographical Areas voting favorably the reach of impeachment proceedings; he can still be impeached
in such plebiscite shall form part of the autonomous region.
All Other Public Officers and Employees
1. They may be removed from office as provided by law
2. BUT: NOT by impeachment
Section 3: PROCEDURE FOR IMPEACHMENT
Exclusive Power of House of Representatives
The House of Representatives has exclusive power to INITIATE all cases of
impeachment.
Procedure:
1. Filling of verified complaint
1. Can be filed by:
1. Any member of the House of Representatives or
2. Any citizen upon a resolution of endorsement by any Member of the
House or
3. By at least 1/3 of all the Members of the House of Representatives
2.) Inclusion of complaint in the order of business with 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
1. There should be a hearing
2. There should be a majority vote of the members
3. The report should be submitted within 60 days from referral, after
hearing, and by a majority vote of ALL its members.
5.) Calendaring of resolution for consideration by the House
Should be done within 10 session days from receipt thereof
6.) Vote of at least 1/3 of all Members of the House necessary to:
1. Affirm a favorable resolution with the Articles of Impeachment of the
Committee or
2. To override its contrary resolution
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.
7.) Trial in the Senate
1. Senate has the sole power to try and decide all cases of
impeachment
2. For this purpose, the Senators shall be under oath or affirmation
3. When the President of the Philippines is on trial, the CJ of the
Supreme Court presides. However, he/she will not vote.
8.) Judgment of Conviction
This requires the concurrence of 2/3 of all the Members of the Senate
9.) Effect of the Impeachment
1. Removal from office of the official concerned
2. Disqualification to hold any office under the Republic of the
Philippines
3. Officer still liable to prosecution, trial, and punishment if the
impeachable offense committed also constitutes a felony or crime.
Section 4: SANDIGANBAYAN
Sandiganbayan = the anti-graft court
Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN
Composition:
1.) Ombudsman/Tanodbayan
2.) Overall deputy
3.) At least one Deputy each for Luzon, Visayas and Mindanao
4.) Deputy for military establishment may be appointed
Qualifications: (Ombudsman and his deputies)
1.) Natural born citizen of the Philippines
2.) At least 40 years old at time of appointment
3.) Of recognized probity and independence
4.) Member of the Philippine bar
5.) Must not have been candidate for any elective office in the immediately
preceding election
6.) For Ombudsman: He must have been for ten years or more
1. A judge or
2. Engage in the practice of law in the Philippines
Disqualifications/Prohibitions (under Article IX, Section 2)
1.) Cannot hold any other office or employment during his tenure
2.) Cannot engage in the practice of any profession or in the active
management or control of any business which may be affected by the
functions of his office
3.) Cannot be financially interested, directly or indirectly, in any contract
with or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies or instrumentalities, including GOCCs or their
subsidiaries.
Appointment
1. Of Ombudsman and deputies
1. By the president from a list of at least 6 nominees prepared by the
Judicial and Bar Council. Vacancies will be filled from a list of 3
nominees
2. Appointments do NOT require confirmation
3. All vacancies shall be filled within 3 months after they occur.
2. Of other officials and employees of the Office of the Ombudsman
1. By the Ombudsman
2. In accordance with Civil Service Law
Term: (Ombudsman and deputies)
1. 7 years with reappointment
2. They are NOT qualified to run for any office in the election immediately
succeeding their cessation from office
Rank/Salaries:
1. The Ombudsman has the rank of Chairman of a Constitutional
Commission
2. The Members have the rank of members of a Constitutional Commission
3. Their salaries cannot be decreased during their term of office.
Powers, Functions and Duties of the Office of the Ombudsman
1. Investigate on its own, or on complaint by any person, any act or omission
of any public official, employee, office or agency, when such act or omission
appears to be illegal, unjust, improper, or inefficient.
1. The SC held that the power to investigate and prosecute cases
involving public officers and employees has been transferred to the
Ombudsman.
2. The Ombudsman may always delegate his power to investigate.
3. The power to investigate includes the power to impose preventive
suspension.
4. This preventive suspension is not a penalty.
5. INVESTIGATE does not mean preliminary investigation.
6. The complaint need not be drawn up in the usual form.
7. The ILLEGAL act or omission need not be in connection with the
duties of the public officer or employee concerned.
8. ANY illegal act may be investigated by the Ombudsman. In this
regard, the Ombudsmans jurisdiction is CONCURRENT with that of
the regular prosecutors.
2. Direct, upon complaint or at its own instance, any public official or
employee of the government, or any subdivision, agency or instrumentality
thereof, as well as of any government-owned or controlled corporation with
original charter, to perform and expedite any act of duty required by law, or to
stop, prevent, and correct any abuse or impropriety in the performance of
duties.
1. The Ombudsman has PERSUASIVE POWER, and may require that
proper legal steps are taken by the officers concerned.
2. The public official or employee must be employed in:
(I). The Government
(II). Any subdivision, agency, or instrumentality thereof; or
(III). GOCCs with original charters
1. The SC has held that the SP may prosecute before the
Sandiganbayan judges accused of graft and corruption, even if they
are under the Supreme Court.
3.) Direct the officer concerned to take the appropriate action against a
public official or employee at fault, and recommend his removal, suspension,
demotion, fine, censure, or prosecution, and ensure compliance therewith.
1. The Ombudsman does NOT himself prosecute cases against public
officers or employees.
2. Final say to prosecute still rests in the executive department.
3. The Ombudsman or Tanodbayan may use mandamus to compel
the fiscal to prosecute.
4.) Direct the officer concerned, in any appropriate case, and subject to such
limitations as may be provided by law to furnish it with copies of documents
relating to contracts or transactions entered into by his office involving the
disbursement or use of public funds of properties, and report any irregularity
to COA for appropriate action.
5.) Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents.
6.) Public matters covered by its investigation when circumstances so
warrant and with due process.
7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and
corruption in the government and make recommendations for their
elimination and the observance of high standards of ethics and efficiency
8.) Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law.
Note: The Office of the Ombudsman also has the duty to act promptly on
complaints filed in any form or manner against public officials or employees
of the government, or any subdivision, agency or instrumentality including
GOCCs and their subsidiaries. In appropriate cases, it should notify the
complainants of the action taken and the result thereof.
Fiscal Autonomy 3.) The Election Code provides the rules with respect to non-incumbents,
The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual i.e. persons running for elective offices.
appropriations should be automatically and regularly released. 1. The Code provides that permanent residents of or immigrant to a
foreign country cannot file certificates of candidacy unless they
Section 7: OFFICE OF THE SPECIAL PROCECUTOR expressly waive their status as such
1. Under the 1987 Constitution, the existing Tanodbayan became the Office This renunciation must be some other than, and prior to, the filling of the
of the Special Prosecutor certificate of candidacy.
2. Powers
1. It will continue to function and exercise its powers as now or ARTICLE XII NATIONAL ECONOMY AND PATRIMONY
hereafter may be provided by law
2. Exception: Powers conferred on the Office of the Ombudsman Sec. 1. GOALS OF THE NATIONAL ECONOMY
3. The Office of the Special Prosecutor is subordinate to and acts under the
orders of the Ombudsman Three-fold goal:
Note: According to Jack, the SC was wrong because the ConCom 1. More equitable distribution of opportunities, income and wealth;
intended that the SP was to prosecute anti-graft cases. 2. Sustained increase in the amount of goods and services produced by the
nation for the benefit of the people; and
Section 15: RECOVERY OF ILL-GOTTEN WEALTH 3. Expanding productivity, as the key to raising the quality of life for all.
Prescription, Laches, Estoppel The State shall promote industrialization and full employment
1.) The right of the State to recover properties unlawfully acquired by public 1. It should be based on sound agricultural development and agrarian
officials and employees from them or from their nominees or transferees reform
shall NOT be barred by prescription, laches or estoppel. 2. It should be through industries that make full and efficient use of human
2.) Their right to prosecute criminally these officials and employees may and natural resources. Industries should also be competitive in both
prescribe. domestic and foreign markets.
Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS Protection of Filipino enterprises
The State shall protect Filipino enterprises against unfair foreign competition
Coverage: and trade practices.
This prohibition applies to:
1.) President Role of Private Enterprises
2.) Vice-President Private enterprises, including corporations, cooperatives, and similar
3.) Members of the Cabinet collective organizations, shall be encouraged to broaden the base of their
4.) Members of Congress ownership
5.) Members of Supreme Court
6.) Members of Constitutional Commissions Section 2. REGALIAN DOCTRINE
7.) Ombudsman
8.) Any firm or entity in which they have controlling interest Distinction between Imperium and Dominium.
1. Imperium
When prohibition applies: Government authority possessed by the State which is appropriately
Prohibition applies during their TENURE. embraced in sovereignty.
2. Dominium
Scope of prohibition: 1. The capacity of the State to own and acquire property.
1.) The above mentioned officials cannot obtain, directly or indirectly for 2. It refers to lands held by the government in a proprietary character:
BUSINESS PURPOSES: can provide for the exploitation and use of lands and other natural
1. Loans resources.
2. Guarantees
3. Other forms of financial accommodation Scope:
From: The following are owned by the State:
1. Government owned or controlled banks; or 1. Lands of the public domain:
2. Government owned or controlled financial institutions. Waters
2.) If the loan, etc, is NOT for business purpose, e.g. a housing loan, the Minerals, coals, petroleum, and other mineral oils;
prohibition does not apply. All sources of potential energy;
Fisheries;
Section 17: Statements of assets, liabilities and net worth Forests or timber;
Wildlife;
When submitted: Flora and fauna; and
Public officer and employee shall submit a declaration under oath of his Other natural resources.
assets, liabilities and net worth upon assumption of office and as often as
required under the law. Alienation of Natural Resources
1. General Rule: All natural resources CANNOT be alienated
When declaration shall be disclosed to the public: 2. Exception: Agricultural lands
These declarations shall be disclosed to the public in a manner provided by
law in the case of: Exploration, Development and Utilization of Natural Resources
1.) President 1. Shall be under the full control and supervision of the State
2.) Vice-President 2. Means
3.) Members of the Cabinet A. The state may DIRECTLY UNDERTAKE such activities
4.) Members of Congress B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR
5.) Justices of the Supreme Court PRODUCTION-SHARING arrangements with
6.) Members of Constitutional Commissions 1. Filipino citizen or
7.) Other constitutional offices 2. Corporation or association at least 60% of whose capital is owned
8.) Officers of the armed forces with general or flag rank by such citizens
3. Limitations:
Section 18: Allegiance of public officers and employees A. Period: It should not exceed 25 years, renewable for not more than 25
years
Allegiance to the State and to the Constitution B. Under terms and conditions as may be provided by law.
4. In case of water rights/water supply/fisheries/industrial uses other than the
Change in Citizenship/Immigrant Status development of water power
1.) Incumbent public officers and employees who seek either: The beneficial use may be the measure and limit of the grant.
1. Change his citizenship; or
2. Acquire immigrant status in another country Small-scale Utilization of Natural Resources
Shall be dealt with by law. 1. Congress may, by law, authorize small-scale utilization of natural
2.) If Philippine citizenship is one of the qualifications to the office, the loss resources by Filipino citizens
of such citizenship means the loss of the office by the incumbent.
2. Congress may also authorize cooperative fish farming with priority given to
subsistence fishermen and fishworkers in the rivers, lakes, bays and
lagoons.
Large-Scale Exploration, Development and Utilization of
Minerals/Petroleum/Other Mineral Oils
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 oils. 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.
Protection of Marine Wealth
1. The State shall protect its marine wealth in its
Archipelagic waters
Territorial sea &
EEZ
2. The State shall reserve its use and enjoyment exclusively to Filipino
citizens.
Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO
1. Agricultural
2. Forest/timber
3. Mineral lands &
4. National Parks
Note:
1. Classification of public lands is an exclusive prerogative of the Executive
Department through the Office of the President, upon recommendation by
the DENR.
2. Classification is descriptive of the legal nature of the land and NOT what it
looks like. Thus, the fact that forest land is denuded does not mean it is no
longer forest land.
Alienable lands of public domain
1. Only agricultural lands are alienable.
2. Agricultural lands may be further classified by law according to the uses
to which they may be devoted.
Limitations regarding Alienable Lands of the Public Domain
1. For private corporations or associations
A. They can only hold alienable lands of the public domain BY LEASE
B. Period: Cannot exceed 25 years, renewable for not more than 25
years
C. Area: Lease cannot exceed 1,000 hectares
Note: A corporation sole is treated like other private corporations for the
purpose of acquiring public lands.
2. For Filipino citizens
A. Can lease up to 500 hectares
B. Can ACQUIRE not more than 12 hectares by purchase, homestead or
grant.
Taking into account the requirements of conservation, ecology and
development, and subject to the requirements of agrarian reform, Congress
shall determine by law the size of the lands of the public domain which may
be acquired, developed, held or lease and the conditions therefore.
Means by Which Lands of the Public Domain Become Private Land
1. Acquired from government by purchase or grant;
2. Uninterrupted possession by the occupant and his predecessors-in-
interest since time immemorial; and
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural)
public land for a period of 30 years.
A. Upon completion of the requisite period, the land becomes private
property ipso jure without need of any judicial or other sanction.
B. Here, in possession since time immemorial, presumption is that the land
was never part of public domain.
C. In computing 30 years, start from when land was converted to alienable
land, not when it was still forest land
D. Presumption is that land belongs to the State.
Section 4. Congress shall, as soon as possible, determine by law, the
specific limits of forest lands and national parks, marking clearly their
boundaries on the ground. Thereafter, such forest lands and national
parks shall be conserved and may not be increased or diminished,
EXCEPT by law. Congress shall provide measures to prohibit logging
in
1. a. Endangered forest and
2. b. Watershed areas for such period as it may determine.
Section 5. ANCESTRAL LANDS
Protection of Indigenous Cultural Communities
1. The State protects the rights of indigenous cultural communities to their
ancestral lands
A. Subject to Constitutional provisions
B. Subject to national development policies and programs
2. In determining ownership and extent of ancestral domain, Congress may
use customary laws on property rights and relations.
3. ANCESTRAL DOMAIN
A. It refers to lands which are considered as pertaining to a cultural region
B. This includes lands not yet occupied, such as deep forests.
Section 7. PRIVATE LANDS
General rule
1. Private lands CAN only be transferred or conveyed to:
A. Filipino citizens
B. Corporations or associations incorporated in the Philippines, at least 60%
of whose capital is owned by Filipino citizens
2. Exceptions
A. In intestate succession, where an alien heir of a Filipino is the transferee
of private land.
B. A natural born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of PRIVATE ALND, subject to limitation
provided by law. Hence, land can be used only for residential purposes. In
this case, he only acquires derivative title.
C. Foreign states may acquire land but only for embassy and staff residence
purposes.
3. Filipino citizenship is only required at the time the land is acquired. Thus,
loss of citizenship after acquiring the land does not deprive ownership.
4. Restriction against aliens only applies to acquisition of ownership.
Therefore:
A. Aliens may be lessees or usufructuaries of private lands
B. Aliens may be mortgages of land, as long as they do not obtain
possession thereof and do not bid in the foreclosure sale.
5. Land tenure is not indispensable to the free exercise of religious
profession and worship. A religious corporation controlled by non-Filipinos
cannot acquire and own land, even for religious purposes.
Remedies to recover private lands from disqualified aliens:
1. Escheat proceedings
2. Action for reversion under the Public Land Act
3. An action by the former Filipino owner to recover the land
A. The former pari delicto principle has been abandoned
B. Alien still has the title (didnt pass it on to one who is qualified)
Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS
Power of Congress
1. Congress, upon the recommendation of NEDA, can reserve to Filipino
citizens or to corporations or associations at least 60% of whose capital is
owned by such citizens, or such higher percentage as Congress may
prescribe, certain areas of investment. This may be done when the national
interest dictates.
2. Congress shall also enact measures to encourage the formation and
operation of enterprises whose capital is wholly owned by Filipinos.
National Economy and Patrimony
In the grant of rights, privileges and concessions covering the national
economy and patrimony, the State shall give preference to QUALIFIED
Filipinos.
Section 11. FRANCHISES FOR PUBLIC UTILITIES
Power to grant:
1. Congress may directly grant a legislative franchise; or
2. Power to grant franchises may be delegated to appropriate regulatory
agencies and/or LGUs
Public utility
1. In order to be considered as a public utility, and thus subject to this
provision, the undertaking must involve dealing directly with the public.
2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT
grantee merely constructs the utility, and it leases the same to the
government. It is the government which operates the public utility (operation
separate from ownership).
To whom granted:
1. Filipino citizens or
2. Corporations or associations incorporated in the Philippines and at least
60% of the capital is owned by Filipino citizens.
Terms and conditions:
1. Duration: Not more than 50 years
2. Franchise is NOT exclusive in character
3. Franchise is granted under the condition that it is subject to amendment,
alteration, or repeal by Congress when the common good so requires.
Participation of Foreign Investors
1. The participation of foreign investors in the governing body of any public
utility enterprise shall be limited to their proportionate share in its capital.
2. Foreigners cannot be appointed as the executive and managing officers
because these positions are reserved for Filipino citizens.
Section 16. FORMATION/ORGANIZATION/REGULATION OF
CORPORATIONS
1. Private corporations
Congress can only provide for the formation, etc of private corporations
through a general law.
2. GOCCs
They may be created by:
a. Special charters in the interest of the common good and subject to the test
of economic viability.
b. By incorporation under the general corporation law.
Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT
1. Temporary takeover or direction of operations:
A. Conditions
i. National emergency and
ii. When the public interest requires
B. May be used against privately owned public utilities or businesses
affected with public interest.
C. Duration of the takeover: period of emergency
D. Takeover is subject to reasonable terms and conditions
E. No need for just compensation because it is only temporary.
2. Nationalization of vital industries:
A. Exercised in the interest of national welfare or defense
B. Involves either:
i. Establishment and operation of vital industries; or
ii. Transfer to public ownership, upon payment of just compensation, public
utilities and other private enterprises to be operated by the government.
Section 19. MONOPOLIES
1. The Constitution does NOT prohibit the existence of monopolies.
2. The State may either regulate or prohibit monopolies, when public interest
so requires.
3. Combinations in restraint of trade or unfair competition are prohibited.
Filipino citizenship or equity requirements:
ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS
Social Justice
1) Social justice in the Constitution is principally the embodiment of the
principle that those who have less in life should have more in law.
2) The 1987 Constitution advances beyond what was in previous
Constitutions in that it seeks not only economic social justice but also political
social justice.
Principal activities in order to achieve social justice
1) Creation of more economic opportunities and more wealth; and
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.
Labor
Section 3 of Article XIII elaborates on the provision in Article II by
specifying who are protected by the Constitution, what rights are
guaranteed, and what positive measures the state should take in
order to enhance the welfare of labor.
Right to organize and to hold peaceful concerted activities
The right to organize is given to all kinds of workers BOTH in the
PRIVATE and PUBLIC sectors.
The workers have a right to hold peaceful concerted activities
except the right to strike, which is subject to limitation by law.
Right to participate in the decision making process of employers
The workers have the right to participate on matters affecting their rights and
benefits, as may be provided by law. This participation can be through
1) collective bargaining agreements,
2) grievance machineries,
3) voluntary modes of settling disputes, and
4) conciliation proceedings mediated by government.
Agrarian Reform
Goals:
Agrarian reform must aim at
1) efficient production,
2) a more equitable distribution of land which recognizes the right of farmers
and regular farmworkers who are landless to own the land they till, and
3) a just share of other or seasonal farmworkers in the fruits of the land.

ACTIVITY REQUIREMENTS CITIZENSHIP AND/OR EQUITY CARL as an exercise of police power and power of eminent domain
Exploitation of natural resources To the extent that the law prescribes retention limits for landowners,
1. Filipino citizens; or there is an exercise of police power. But where it becomes
2. Corporations incorporated in RP, necessary to deprive owners of their land in excess of the maximum
with 60% Filipino ownership allowed there is compensable taking and therefore the exercise of
Operation of Public Utilities eminent domain.
1. Filipino citizens; or
2. Corporations incorporated in RP, Reach of agrarian reform
with 60% Filipino ownership
It 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
Acquisition of alienable lands of the public domain
grounds.
1. Filipino citizens;
2. Corporations incorporated in RP, with 60% Filipino ownership;
The Commission on Human Rights
3. Former natural-born citizens of RP, as transferees, with certain legal
restrictions; and
Composition:
4. Alien heirs as transferees in case of intestate succession.
1) Chairman; and
2) 4 members
Practice of ALL Professions Filipino citizens only (natural
persons)
Qualifications:
*Congress may, by law, otherwise prescribe
1) Natural-born citizens of the Philippines;
2) Majority of the Commission must be members of the Philippine Bar;
Mass Media 1. Filipino citizens; or
3) Term of office, other qualifications and disabilities shall be provided by
2. Corporations incorporated in RP, and 100% Filipino owned
law;
4) The appointment of the CHR members is NOT subject to CA
Advertising 1. Filipino citizens; or
confirmation; and
2. Corporations incorporated in RP, and 70% Filipino owned.
5) The CHR is not of the same level as the COMELEC, CSC, or COA.
Educational institution 1. Filipino citizens; or
Powers:
2. Corporations incorporated in RP, with 60% Filipino ownership
1) Investigate all forms of human rights violations involving civil or political
EXCEPT: Schools established by religious groups and mission boards.
rights
*Congress may, by law, increase Filipino equity requirements for ALL
A. Violations may be committed by public officers or by civilians or rebels.
educational institutions.
B. CHR cannot investigate violations of social rights.
C. CHR has NO adjudicatory powers over cases involving human rights
Other economic activities Congress may, by law, reserve
violations.
to Filipino citizens or to corporations 60% Filipino owned (or even higher)
D. They cannot investigate cases where no rights are violated.
certain investment areas.
E. Example: There is no right to occupy government land, i.e. squat thereon.
Therefore, eviction therefrom is NOT a human rights violation.
2) Adopt operational guidelines and rules of procedure. 2). EXCEPTIONS: Schools established for foreign diplomatic personnel and
3) Cite for contempt for violations of its rules, in accordance with the Rules their dependents, and unless otherwise provided for by law for other foreign
of Court. temporary residents.
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 II. Tax Exemptions
provide for preventive measures and legal aid services to the underprivileged A. Non-stock, non-profit educational institutions:
whose human rights have been violated or need protection. 1) All revenues and assets actually, directly and exclusively used for
A. CHR can initiate court proceedings on behalf of victims of human rights educational purposes are exempt from taxes and duties.
violations. 2) This is self-executory
B. They can recommend the prosecution of human rights violators, but it
cannot itself prosecute these cases. B. Proprietary educational institutions, including cooperatives:
C. BUT: The CHR cannot issue restraining orders or injunctions against 1) Entitled to exemptions as may be provided by law, including restrictions on
alleged human rights violators. These must be obtained from the regular dividends and re-investment
courts. 2) Requires an enabling statute
5) Exercise visitorial powers over jails, prisons and other detention facilities. 3) Grants, endowments, donations and contributions actually, directly and
6) Establish continuing programs for research, education and information in exclusively used for educational purposes are exempt from taxes, subject to
order to enhance respect for the primacy of human rights. conditions prescribed by law.
7) Recommend to Congress effective measures to promote human rights
and to provide compensation to victims of human rights violations or their III. Academic Freedom
families. A. Educational Institutions
8) Monitor compliance by the government with international treaty Schools have the freedom to determine:
obligations on human rights. 1) Who may teach,
9) Grant immunity from prosecution to any person whose testimony or whose 2) What may be taught,
possession of documents or other evidence is necessary or convenient to 3) How it shall be taught, and
determine the truth in any CHR investigation. 4) Who may be admitted to study.
10) Request assistance from any department, bureau, office, or agency in
the performance of its functions. B. Faculty members
11) Appoint its officers and employers in accordance with law. 1) Full freedom in research and in the publication of the results, subject to
12) Perform such other functions and duties as may be provided for by law the adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be
ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, careful not to introduce into their teaching controversial matter which has no
ARTS, CULTURE, AND SPORTS relation to their subjects.
3) When faculty members speak or write in their capacity as citizens, then
Education they are free from institutional censorship or discipline.
Goals of the State:
The State shall promote and protect: C. Students
1) The right to quality education at all levels; They have the right to enjoy in school the guarantees of the Bill of Rights.
2) The right to affordable and accessible education; and
3) Education that is relevant to the needs of people and society. D. Limitations
1) Dominant police power of the State
Right to Education and Academic Freedom 2) Social interest of the community
The right to education must be read in conjunction with the academic
freedom of schools to require fair, reasonable, and equitable admission E. Budgetary Priority:
requirements. 1). Education must be assigned the highest budgetary priority.
2). BUT: This command is not absolute. Congress is free to determine what
Power to Dismiss Students should be given budgetary priority in order to enable it to respond to the
1) Schools have the power to dismiss students, after due process, for imperatives of national interest and for the attainment of other state policies
disciplinary reasons. or objectives.
2) Acts committed outside the school may also be a ground for disciplinary
action if: Religious Education in Public Schools:
a) It involves violations of school policies connected to school-sponsored Religion may be taught in public schools subject to the following requisites:
activities; or 1) Express written option by parents and guardians;
b) The misconduct affects the students status, or the good name or 2) Taught within regular class hours;
reputation of the school. 3) Instructors are designated and approved by the proper religious
authorities; and
Regulation of Right to Education 4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.
The right to education in particular fields may be regulated by the State in the
exercise of its police power, e.g. the State may limit the right to enter medical Section 6. Language
school by requiring the applicants to take the NMAT. 1) National language: Filipino
2) Official Languages: Filipino, and unless otherwise provided by law,
Free Education English.
1) The State shall maintain a system of free education in: 3) Regional languages are auxiliary to the official languages.
a) Elementary level, and 4 (Spanish and Arabic are promoted only on an optional and voluntary basis.
b) High school level.
2) Elementary education is compulsory for all children of school age. ARTICLE XVI GENERAL PROVISIONS
However, this is a moral rather than a legal compulsion.
Sections 1-2. Symbols of Nationality
Educational Institutions 1) Flag
I. Filipinization Red, white, and blue.
A. Ownership: With a sun and 3 stars
1). Filipino citizens, or
The design may be changed by constitutional amendment.
2). Corporations incorporated in RP and 60% Filipino-owned.
2) Congress may, by law, adopt a new:
EXCEPT: Schools established by religious groups and mission boards.
(a) Name for the country,
3). Congress may increase Filipino equity requirements in ALL educational
(b) National anthem, or
institutions.
(c) National seal.
B. Control and Administration:
Note: Law will take effect upon ratification by the people in a NATIONAL
1). Must be vested in Filipino citizens
REFERENDUM.
2). Refers to line positions, such as President, Dean, Principal, and Trustees
3). Faculty members may be foreigners.
Section 3. State Immunity
C. Student Population:
1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens
Suability of State
can only comprise up to 1/3 of total enrollment.
1) The State cannot be sued without its consent.
2) When considered a suit against the State
a). The Republic is sued by name;
b). Suits against an un-incorporated government agency;
c). Suit is against a government official, but is such that ultimate liability shall
devolve on the government
i. When a public officer acts in bad faith, or beyond the scope of his
authority, he can be held personally liable for damages.
ii. BUT: If he acted pursuant to his official duties, without malice,
negligence, or bad faith, they are not personally liable, and the suit is really
one against the State.
3) This rule applies not only in favor of the Philippines but also in favor of
foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the
State as one of the defendants being compelled to interplead.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its
agencies.
2). Examples:
a). A law creating a government body expressly providing that such body
may sue or be sued.
b). Art. 2180 of the Civil Code, which creates liability against the State when
it acts through a special agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the
scope of his authority.
b). UNLESS: The contract is merely incidental to the performance of a
governmental function.
2). The State enters into an operation that is essentially a business
operation.
a). UNLESS: The operation is incidental to the performance of a
governmental function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the
latter can generally be sued, even if its charter contains no express sue or
be sued clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations and
have charters which grant them a separate juridical personality.
4). The State files suit against a private party.
UNLESS: The suit is entered into only to resist a claim.
Garnishment of government funds:
1) GENERAL RULE: NO. Whether the money is deposited by way of
general or special deposit, they remain government funds and are not
subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a
specific amount to pay a valid government obligation, then the money can be
garnished.
Consent to be sued is not equivalent to consent to liability:
1) The Fact that the State consented to being sued does not mean that the
State will ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be satisfied
by writs of execution or garnishment against public funds. Reason: No
money shall be paid out of the public treasury unless pursuant to an
appropriation made by law.
Section 4. THE ARMED FORCES OF THE PHILIPPINES
Composition:
A citizen armed force
Prohibitions and disqualifications:
1) Military men cannot engage, directly or indirectly, in any partisan political
activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a civilian
position in the government, including GOCCs or their subsidiaries.
The Chief of Staff:
1) Tour of duty: Not exceed to three years
2) EXCEPTION: In times of war or other national emergency as declared by
Congress, the President may extend such tour of duty.
ARTICLE XVII- AMENDMENTS OR REVISIONS
Definitions:
1) Amendment: an alteration of one or a few specific provisions of the
Constitution. Its main purpose is to improve specific provisions of the
Constitution. The changes brought about by amendments will not affect the
other provisions of the Constitution.
2) Revision: An examination of the entire Constitution to determine how and
to what extent it should be altered. A revision implies substantive change,
affecting the Constitution as a whole.
Constituent power v. Legislative power
1) Constituent power is the power to formulate a Constitution or to
propose amendments to or revisions of the Constitution and to ratify such
proposal. Legislative power is the power to pass, repeal or amend or
ordinary laws or statutes (as opposed to organic law).
2) Constituent power is exercised by Congress (by special constitutional
conferment), by a Constitutional Convention or Commission, by the people
through initiative and referendum, and ultimately by sovereign electorate,
whereas legislative power is an ordinary power of Congress and of the
people, also through initiative and referendum.
3) The exercise of constituent power does not need the approval of the
Chief Executive, whereas the exercise of legislative power ordinarily needs
the approval of the Chief Executive, except when done by people through
initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions:
1) Proposal of amendments or revisions by the proper constituent assembly;
2) Submission of the proposed amendments or revisions; and
3) Ratification
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its
members.
The power of Congress to propose amendments is NOT part of its
ordinary legislative power.
The only reason Congress can exercise such power is that the
Constitution has granted it such power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the
electorate the question of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon)
should initiate amendments and revisions is left to the discretion of
Congress. In other words, it is a political question.
3) BUT: The manner of calling a ConCon is subject to judicial review,
because the Constitution has provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but
does not provide the details for the calling of such ConCon, Congress
exercising its ordinary legislative power may supply such details. But in so
doing, Congress (as legislature) should not transgress the resolution of
Congress acting as a constituent assemble.
5) Congress, as a constituent assembly and the ConCon have no power to
appropriate money for their expenses. Money may be spent from the
treasury only to pursuant to an appropriation made by law.
C. Peoples Initiative
1) Petition to propose such amendments 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.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1) While the substance of the proposals made by each type of constituent
assembly is not subject to judicial review, the manner the proposals are
made is subject to judicial review.
2) Since these constituent assemblies owe their existence to the
Constitution, the courts may determine whether the assembly has acted in
accordance with the Constitution.
3) Examples of justiciable issues:
a) Whether a proposal was approved by the required number of votes in
Congress (acting as a constituent assembly).
b) Whether the approved proposals were properly submitted to the people
for ratification.
Proposal of Revisions
1) By Congress, upon a vote of 3/4 of its members
2) By a constitutional convention
Ratification
1) Amendments and revisions proposed by Congress and/or by a
ConCon:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days from
the approval of such amendments or revisions.
2) Amendments proposed by the people via initiative: ELECTION LAWS
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days after Election
the certification by COMELEC of the petitions sufficiency
Embodiment of the popular will, the expression of the sovereign
power of the people.
3) Requisites of a valid ratification:
a) Held in a plebiscite conducted under the election law;
Components
b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part. Choice or selection of candidates to public office by popular vote
Conduct of the polls
4) Issues regarding ratification: Listing of votes
a) The Constitution does not require that amendments and revisions be Holding of Electoral campaign
submitted to the people in a special election. Thus, they may be submitted Act of casting and receiving the ballots from the voters
for ratification simultaneously with a general election. Counting the ballots
b) The determination of the conditions under which proposed
amendments/revisions are submitted to the people falls within the legislative
Making the election returns
sphere. That Congress could have done better does not make the steps Proclaiming the winning candidates
taken unconstitutional.
c) All the proposed amendments/revisions made by the constituent Regular election refers to an election participated in by those who
assemblies must be submitted for ratification in one single plebiscite. There possess the right of suffrage and not disqualified by law and who are
cannot be a piece-meal ratification of amendments/revisions. registered voters.
d) Presidential proclamation is NOT required for effectivity of
amendments/revisions, UNLESS the proposed amendments/revisions so Special election is when there is failure of election on the scheduled date
provide. of regular election in a particular place or which is conducted to fill up certain
vacancies, as provided by law.
ARTICLE XVIII TRANSITORY PROVISIONS
Political Parties
Effectivity of the 1987 Constitution Definition (Omnibus Election Code)
The 1987 Constitution took effect immediately upon its ratification. An organized group of persons pursuing the same ideology, political ideas or
According to the SC, this took place on February 2, 1987, which platforms of government including its branches and divisions.
was the day the people cast their votes ratifying the Constitution.
Types of Political Parties
Military bases agreements 1) Registered Parties:
1) Renewals of military bases agreements must be through a strict treaty. 1. Dominant Majority Party usually the administration party; entitled
2) Ratification of the agreement in a plebiscite is necessary only when to a copy of election return
Congress so requires. 2. Dominant Minority Party entitled to a copy of election return
3) Section 25 of Article XVIII allows possible local deployment of only 3. Majority Political Party
AMERICAN forces. 4. Top 3 Political Parties entitled to appoint principal watcher and a
copy of the certificate of canvass
5. Bottom 3 political parties entitled to appoint principal watcher
2) Non-registered parties

Criteria to Determine the Type of Political Party

1. Established Record of the said parties, showing in past elections
2. Number of Incumbent Elective Officials
3. Identifiable political organizations and strengths
4. Ability to fill a complete slate of candidates
5. Other analogous circumstances

Grounds for Challenging the Voter

1. Illegal voters ( Not Registered / Using the name of another /
disqualified )
2. Based on certain illegal acts (Vote buying)

Acquisition of Juridical Personality

It is acquired upon registration with the COMELEC.

Forfeiture of Status as a Registered Political Party

The status shall be deemed forfeited if the political party, singly or in coalition
with others, fails to obtain at least 10% of the votes cast in the constituency
in which it nominated and supported a candidate/s in the election next
following its registration. There shall be notice and hearing.

Candidates

Rules on Filing of Certificates of Candidacy

1. No person shall be elected into public office unless he files his
certificate of candidacy within the prescribed period
2. No person shall be eligible for more than one office. If he/she files
for more than one position, he shall not be eligible for all unless he
cancels all and retains one
3. The certificate of candidacy shall be filed by the candidate
personally or by his duly authorized representative.
4. Upon filing, an individual becomes a candidate, he is already
covered by rules, restrictions and processes involving candidates.

Grounds for Disqualification

1. Election offenses under Sec 68 of the Omnibus Election Code
(OEC)
2. Not possessing qualifications and possessing disqualifications
under the Local Government Code
2.1 Sentenced by final judgment for an offense involving moral turpitude or
for an offense punishable by one year or more of imprisonment within two
years after serving sentence
2.2 Removed from office as a result of an administrative case
2.3 Convicted by final judgment for violating the oath of allegiance to the
Republic
2.4 Dual citizenship ( more specifically, dual allegiance)
2.5 Fugitives from justice in criminal or non-political cases here or abroad
2.6 Permanent residents in a foreign country or those who have acquired
the right to reside abroad and continue to avail of the same right
2.7 Insane or feeble-minded
1. Nuisance candidate
2. Violation of sec 73 of OEC with regard to certificate of candidacy
3. Violation of sec 78 which is material misrepresentation of reqts
under sec. 74.
* Disqualifications (from continuing as a candidate or from holding the office
if already elected):
Any candidate, who in an action or protest in which he is a party is declared
by final decision of a competent court guilty of, or is found by the
Commission of having:
1. Given money or other material consideration to influence, induce or
corrupt the voters or public officials performing electoral functions.
2. Committed acts of terrorism to enhance his candidacy
3. Spent in his election campaign an amount in excess of that allowed
by the Omnibus Election Code )
4. Solicited, received or made any contribution prohibited under this
Code
5. Violated any of the following sections: Section 80, 83, 85,86,261
6. Permanent resident of or an immigrant to a foreign country shall not
be qualified to run for any elective office UNLESS he/she has
waived his/her status as a permanent resident/immigrant of a
foreign country in accordance with the residence requirement
provided for under election laws.
Effect of a Disqualification case (under RA 6646)
1. Any candidate who has been declared by final judgment to be
disqualified shall NOT be voted for. The votes cast in his favor shall
not be counted.
2. If the candidate is not disqualified by final judgment before the
election and receives the highest number of votes in the election,
the court or COMELEC will continue with the trial and hearing of the
action, inquiry or protest. Upon motion of the complainant or
intervenor, the court or COMELEC may order the suspension of the
proclamation of the candidate whenever the evidence of his guilt is
strong.
Nuisance Candidates
A. The term refers to candidates who have no bona fide intention to run for
the office for which the certificate of candidacy has been filed and would thus
prevent a faithful determination of the true will of the people.
B. Power of COMELEC
1. May refuse to give due course to or cancel a certificate of
candidacy of a nuisance candidate. This can be done motu proprio
or upon verified petition of an interested party.
2.There should be a showing that:
1. Certificate of candidacy has been filed to put the election process in
mockery/disrepute or
2. To cause 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
Petition to deny due course to or to cancel a Certificate of Candidacy
A. Exclusive ground: A material representation in the certificate of candidacy
is false.
B. The petition should be filed not later than 25 days from the filing of the
certificate of candidacy.
C. It should be decided not later than 15 days before the election, after due
notice and hearing.
Election Campaign/Partisan Political Activity
Definition
1) It refers to an act designed to promote the election or defeat of a particular
candidate/s to a public office
2) It includes:
A. Forming organizations, associations, clubs, committees or other groups of
persons for the purpose of soliciting votes and/or undertaking any campaign
for or against a candidate.
B. Holding political caucuses, conferences, meetings, rallies, parades or
other similar assemblies for the purpose of soliciting votes and/or
undertaking any campaign or propaganda for or against a candidate.
C. Making speeches, announcements or commentaries or holding interviews
for or against the election of any candidate for public office.
D. Publishing or distributing campaign literature or materials designed to
support or oppose the election of any candidate.
E. Directly or indirectly soliciting votes, pledges or support for or against a
candidate.
3) When the acts enumerated above are NOT considered an election
campaign/partisan political activity.
If the acts are performed for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a public office by a political party,
aggroupment, or coalition of parties.
RA 9006 FAIR ELECTION ACT
Important Features:
1) Repeal of Sec. 67 of the OEC Now, any ELECTIVE official, whether
national or local, running for any office other than the one which he is holding
in a permanent capacity shall not be considered ipso facto resigned from his
office upon the filing of his certificate of candidacy.
2) Lifting of the Political Ad Ban Written and Printed Materials (8.5 W x
14L)
Letters
Posters (2 x 3) in common-private poster areas ( not more than 10 public
places per political party or independent candidate, 12 16), private places
and public places
Rally streamers (3 x 8) NOT MORE THAN 2
Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and page in tabloid 3x a week
Television: 120 minutes for candidate for nationally elective office and 60 for
local
Radio: 180 minutes for candidate for nationally elective office and 90 for local
COMELEC free space (3 national newspaper for nationally elective officials
and 1 national newspaper for local) and airtime
(3 national television networks for nationally elective officials and 1 station for
local ) : equal allocation for all candidates for 3 calendar days
Authorized Expenses ( multiplied with the total number of registered voters
)
P 10 for president / vice president
P 3 for other candidates for every voter currently registered in the
constituency
P 5 for independent candidates and political parties
Voters
Qualifications
Age: 18 years old and over.
Residence
1. He /she should have resided in the Philippines for one year and
2. Resided in the city/municipality wherein he proposes to vote for at
least 6 months immediately preceding the election.
Residence Requirement
If the transfer of residence is due to any of the following reasons, the person
concerned will be deemed NOT to have lost his original residence:
A. Transfer solely because of occupation, profession, employment in private
or public service
B. Educational activities
C. Work in military or naval reservations
D. Service in the army, navy or air force, national police force
E. Confinement/detention in government institutions in accordance with law.
* RA 8189 VOTERS REGISTRATION ACT OF 1996
Q: Can there still be general registration of voters?
A: No more, because 8189 (7) provides for such only for the May 98
elections
Q: What kind of registration system do we have?
A: Continuing, Computerized and Permanent
Disqualifications
A. If sentenced by final judgment to suffer imprisonment for not less than 1
year and such disability was not removed by plenary pardon or has not been
granted amnesty. However, any person disqualified to vote shall
automatically reacquire the right to vote upon expiration of 5 years after
service of sentence.
B. Any person who has been adjudged by final judgment by competent court
or tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion or any crime against national
security:
1. UNLESS restored to his full civil and political rights in accordance with law.
2. However, he shall regain his right to vote automatically upon expiration of
5 years after service of sentence.
C. Insane or incompetent persons as declared by competent authority.
Jurisdiction in Inclusion/Exclusion cases
A. The municipal and metropolitan trial courts shall have original and
exclusive jurisdiction over all matters of inclusion and exclusion of voters
from the list in their respective municipalities or cities. Petition filed at any
time except 105 days before regular election or 75 days before special
election
B. Decisions may be appealed to the RTC within 5 days from receipt of
notice of decision.
C. RTC will decide the appeal within 10 days. Decision is final and
executory.
D. Note: Relate this to Article IX of the Constitution which provides that the
COMELEC has no jurisdiction over questions involving the right to vote.
E. Exclusion is through sworn petition and not later than 100 days before
regular election; 65 days before special election
Grounds when the List of Voters will be altered:
Deactivation/ Reactivation
Exclusion/ Inclusion
Cancellation of Registration in case of Death
New voters
Annulment of Book of Voters
Transfer of Residence
How is challenge to right to register effected?
Who any voter, candidate, political party representative
How in writing, stating grnds, under oath, proof of notice of hearing
Deactivation means removing the registration records of persons from the
precinct book of voters and place the same, properly marked and dated in
indelible ink, in the inactive file after entering the cause of deactivation.
How is reactivation of registration effected ?
Sworn application for reactivation
Affidavit
Not later than 120 days before regular election and 90 days before special
election
Annulment of Book of Voters is through verified petition; notice and
hearing; not prepared in accordance with law or prepared through fraud,
bribery, forgery, impersonation, intimidation, force, any similar irregularity or
which contains data that are statistically improbable
Cannot be done within 90 days before election
Postponement of Election
Causes
Violence
Terrorism
Loss or destruction of election paraphernalia/records
Force majeure
Other analogous causes
Effect
It is impossible to hold a free, orderly and honest election in any political
subdivision
COMELEC can postpone the election (when decided by a majority vote of
the COMELEC sitting en banc, RA 7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due notice and
hearing
Date of new election
The date of the postponed election should be reasonably close to the date of
the election not held, suspended, or which resulted in a failure to elect. It
should not be later than 30 days after the cessation of the cause for such
postponement or suspension of the election or failure to elect.
Failure of Election
Causes
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
Under RA 7166, the causes for the declaration of the failure of election may
occur before or after the casting of votes or on the day of the election.
Effects of above causes
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the closing of the
voting
C. 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)
AND the failure or suspension of the election would affect the result of the
election
Remedy
COMELEC can call for the holding or continuation of the election not held,
suspended, or which resulted in a failure to elect. The election should be
held not later than 30 days after the cessation of the cause of the
postponement or suspension of the election or failure to elect. This is
decided by the COMELEC, by a majority vote of its members, sitting en
banc.
RA 7941 Party-List System Act
Seeks to promote proportional representation
Any party already registered need not register anew. File
manifestation not later than 90 days before election.
Grounds for refusing or canceling registration of Party-Lists groups
1. Religious sect or denomination, organization
2. Advocates violence
3. Foreign party or organization
4. Receives foreign support
5. Violates election law
6. Untruthful statements in its petition
7. Ceased to exist for at least one year
8. Failed to participate in the last two preceding elections or fails to
obtain at least 2% of the votes cast under the party-list system in
the 2 preceding elections for the constituency in which it has
registered
Nomination of party-list reps should not include any candidate for any
elective office or a person who has lost his bid for an elective office in the
immediately preceding election
Incumbent sectoral representatives in the House of Representatives who
are nominated in the party-list system shall not be considered resigned
Party List Reps constitute 20% of the total number of the members of the
House of Reps including those under the party-list
How do we determine the number of party list seats in the House of
Reps?
(# of District Reps / 0.80) x 0.20 = # of party list reps
There are presently 208 legislative districts, according to the
Veterans Federation Case
The 5 major political parties are now entitled to participate in the
party list system
Parties receiving at least 2% of the total votes cast for the party-list
system shall be entitled to one seat each
No party shall be entitled to more than 3 seats
Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this
is only a ceiling.
A list with 5 names should be submitted to COMELEC as to who
will represent the party in the Congress. Ranking in the list
submitted determines who shall represent party or organization.
Rules for Appreciation of Ballots
Liberal Construction in favor of the validity of the ballot
Look at the ticket slate, consider locality or literacy rate
Rule 211 of the OEC
Incumbency / Surname
Cannot ascertain STRAY VOTE
Pre-Proclamation Controversies
Definition
1. A pre-proclamation controversy refers to any question pertaining to
or affecting the proceedings of the board of canvassers which may
be raised by any candidate or by any registered political party or
coalition of political parties before the board or directly with the
COMELEC.
1. It would also refer to any matter raised under Sections 233, 234,
235, and 236 of the Omnibus Election Code in relation to the
preparation, transmission, receipt, custody, and appreciation of the
election returns. (Board of canvassers have original jurisdiction
while COMELEC have appellate jurisdiction)
1. When election returns are delayed, lost or destroyed
(Sec.233)
 2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered with or
falsified. (Sec. 235)
4. Discrepancies in election returns (Sec. 236)
C. Those that can be filed with COMELEC directly are the ff:
Issue involves the illegal composition or proceedings of the board of
canvassers, as when a majority or all of the members do not hold
legal appointments or are in fact usurpers
Issue involves the correction of manifest errors in the tabulation or
tallying of the results during the canvassing
Recount
There can be a recount under the grounds of 234-236. The returns involved
will affect the results and the integrity of the ballot box has been preserved
Issues that may be raised in a pre-proclamation controversy
1. Illegal composition or proceedings of the board of canvassers
2. The canvassed election returns are incomplete, contain material
defects, appear to be tampered with or falsified, or contain
discrepancies in the same returns or in authentic copies
thereof.
3. The election returns were prepared under duress, threats, coercion,
or intimidation, or they are obviously manufactured, or not
authentic.
4. When substitute or fraudulent returns in controverted polling places
were canvassed, the results of which materially affected the
standing of the aggrieved candidate/s.
Procedure
A. Contested composition or proceedings of the board (under RA 7166)
It may be initiated in the board or directly with COMELEC.
B. Contested election returns (under RA 7166)
Matters relating to the preparation, transmission, receipt, custody
and appreciation of the election returns, and certificate of canvass, should
be brought in the first instance before the board of canvassers only.
Summary nature of pre-proclamation controversy
1. Pre-proclamation controversies shall be heard summarily by the
COMELEC.
2. Its decision shall be executory after the lapse of 5 days from receipt
by the losing party of the decision, unless restrained by the SC.
Effect of filing petition to annul or suspend proclamation
It suspends the running of the period within which to file an election protest
or quo warranto proceedings.
When not allowed
Pre-proclamation cases on matters relating to the preparation, transmission,
receipt, custody and appreciation of the election returns or the certificates of
canvass NOT allowed in elections for: (under RA 7166)
President
Vice-President
Senator
Member of the House of Representatives
BUT: The appropriate canvassing body motu propio or upon written
complaint of an interested person can correct manifest errors in the
certificate of canvass or election returns before it.
BUT: Questions affecting the composition or proceedings of the board of
canvassers may be initiated in the board or directly with COMELEC.
When pre-proclamation cases are deemed TERMINATED (RA 7166)
1. All pre-proclamation cases pending before the COMELEC shall be
deemed terminated at the beginning of the term of the office
involved and the rulings of the boards of canvassers concerned
deemed affirmed.
B. This is without prejudice to the filing of a regular election protest by the
aggrieved party.
C. HOWEVER: Proceedings MAY CONTINUE if:
1. The COMELEC determines that the petition is meritorious and
issues an order for the proceedings to continue or
2. The Supreme Court issues an order for the proceedings to continue
in a petition for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the elections,
returns, qualifications of all elective:
Regional
Provincial
City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
A. Elective MUNICIPAL officials decided by trial courts of GENERAL
jurisdiction
B. Elective BARANGAY officials decided by trial courts of LIMITED
jurisdiction
Who can file a petition contesting the election
Any candidate who has duly filed a certificate of candidacy and has been
voted for the same office
Purpose of an election contest
The defeated candidate seeks to outs the proclaimed winner and claims the
seat.
Final COMELEC Decisions
Provision that decisions, final orders, rulings of the Commission on election
contests involving municipal and barangay offices are final, executory and
not appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA
484)
B. It does NOT preclude a special civil action of certiorari. (Galido v.
COMELEC, Jan. 18,1991)
Distinctions between Pre-Proclamation Controversy and Election Contest
1) Dividing line: Proclamation of a candidate
2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is administrative/quasi-judicial
2.It is governed by the requirements of administrative due process
B. Election contest
1.The jurisdiction of COMELEC is judicial
2.It is governed by the requirements of judicial process
3) In some cases, even if the case (involving municipal officials) began
with the COMELEC before proclamation but a proclamation is made before
the controversy is resolved, it ceases to be a pre-proclamation controversy
and becomes an election contest cognizable by the RTC.
4) However, in some cases, the SC has recognized the jurisdiction of
COMELEC over municipal cases even after proclamation. Relate to the
provision in RA 7166 allowing pre-proclamation controversy proceedings to
continue even after a proclamation has been made.
Election Offenses ( Selected Offenses)
Vote buying and vote-selling
A. Covered acts
1.Give, offer or promise money or anything of value
2. Making or offer to make any expenditure, directly or indirectly, or cause an
expenditure to be made to any person, association, corporation, entity or
community
3.Soliciting or receiving, directly or indirectly, any expenditure or promise of
any office or employment, public or private
B. Purpose of acts
1. To induce anyone or the public in general to vote for or against any
candidate or withhold his vote in the election or
2. To vote for or against any aspirant for the nomination or choice of a
candidate in a convention or similar selection
C. Under RA 6646 (Prosecution of vote-buying/selling)
1. Presentation of a complaint supported by affidavits of complaining
witnesses attesting to the offer or promise by or the voters acceptance of
money or other consideration from the relatives, leaders or sympathizers of a
candidate is sufficient basis for an investigation by the COMELEC,directly or
through its duly authorized legal officers.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different precincts representing at least 20%
of the total precincts in any municipality, city or province has been offered,
promised or given money, valuable consideration or other expenditure by a
candidate relatives, leaders and/or sympathizsrs for the purpose of
promoting the election of such candidate.
3. Disputable presumption of involvement
Proof affects at least 20% of the precincts of the municipality, city or province
to which the public office aspired for by the favored candidate relates. This
will constitute a disputable presumption of the involvement of such candidate
and of his principal campaign managers in each of the municipalities
concerned in the conspiracy
Coercion of a subordinate
A. Who can be held liable
1. public officer
2. officer of a public/private corporation/association
3. heads/superior/administrator of any religious org.
4. employer/landowner
B. Prohibited acts
1. Coercing, intimidating or compelling or influencing, in any manner,
any subordinates, members, parishioners or employees or house
helpers, tenants, overseers, farm helpers, tillers or lease holders to
aid, campaign or vote for or against a candidate or aspirant for the
nomination or selection of candidates.
2. Dismissing or threatening to dismiss, punishing or threatening to
punish by reducing salary, wage or compensation or by demotion,
transfer, suspension etc.
Appointment of new employees, creation of new position, promotion or
giving salary increases:
A. Who can be held liable: Any head/official/appointing officer of a
government office, agency or instrumentality, whether national or local,
including GOCCs.
B. Prohibited acts
1.Appointing or hiring a new employee (provisional, temporary or casual)
2.Creating or filling any new position
3.Promoting/giving an increase in salary, remuneration or privilege to any
government official or employee.
C. Period when acts are prohibited
1. 45 days before a regular election
2. 30 days before a special election
D. Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the position to
be filled is essential to the proper functioning of the office/agency
concerned AND that the position is not filled in a manner that may
influence the election
2. In case of urgent need, a new employee may be appointed. Notice
of appointment should be given to COMELEC within 3 days from
appointment.
Other election offenses under RA 6646
1. Causing the printing of official ballots and election returns by
printing establishments not on contract with COMELEC and printing
establishments which undertakes unauthorized printing
2. Tampering, increasing or decreasing the votes received by a
candidate or refusing after proper verification and hearing to credit
the correct votes or deduct the tampered votes (committed by a
member of the board of election inspectors)
3. Refusing to issue the certificate of voters to the duly accredited
watchers (committed by a member of the BEI)
4. Person who violated provisions against prohibited forms of election
propaganda
5. Failure to give notice of meetings to other members of the board,
candidate or political party (committed by the Chairman of the board
of canvassers)
6. A person who has been declared a nuisance candidate or is
otherwise disqualified who continues to misrepresent himself as a
candidate (Ex. by continuing to campaign) and any public officer or
private individual who knowingly induces or abets such
misrepresentation by commission or omission.
7. If the chairman of the BEI fails to affix his signature at the back of
the official ballot, in the presence of the voter, before delivering the
ballot to the voter. (under RA 7166)
Prescription of Election Offenses
1. Election offenses shall prescribe after 5 years from the date of their
commission
2. If the discovery of the offense is made in an election contest
proceeding, the period of prescription shall commence on the date
on which the judgment in such proceedings becomes final and
executory
Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try and decide any
criminal action or proceedings for violation of the Code.
2. MTC/MCTC have jurisdiction over offenses relating to failure to
register or vote.

Prohibition against release, disbursement or expenditure of public funds

A. Who can be held liable: Any public official or employee including

barangay officials and those of GOCCs/subsidiaries

B. Prohibited acts:
The release, disbursement or expenditure of public funds for any and other
kinds of public works

C. Period when acts are prohibited:

1. 45 days before a regular election
2. 30 days before a special election

D. Exception
1. maintenance of existing/completed public works project.
2. work undertaken by contract through public bidding, or by
negotiated contract awarded before the 45 day period before
election
3. payment for the usual cooperation for working drawings,
specfications and other procedures preparatory to actual
construction including the purchase of material and equipment and
incidental expenses for wages.
4. Emergency work necessitated by the occurrence of a public
calamity but such work shall be limited to the restoration of the
damaged facility.
5. Ongoing public work projects commenced before the campaign
period or similar projects under foreign agreements.

Suspension of elective, provincial, city, municipal or barangay officer

A. General rule: public official CANNOT suspend any of the officers
enumerated above during the election period.

B. Exceptions
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-Graft and
Corrupt Practices Act
In relation to registration of voters/voting
Unjustifiable refusal to register and vote
Voting more than once in the same election/voting when not a
registered voter
Voting in substitution for another with or without the latters
knowledge and/or consent etc.
 ADMINISTRATIVE LAW
Powers of Administrative Agencies
1. Quasi-legislative power / Power of subordinate legislation
2. Quasi-judicial power/Power of adjudication
3. Determinative powers (Note: Senator Neptali Gonzales calls them
incidental powers)
Definition of Quasi-legislative power
It is the authority delegated by the law-making body to the administrative
body to adopt rules and regulations intended to carry out the provisions of a
law and implement legislative policy.
Distinctions between Quasi-legislative power and legislative power
1. LEGISLATIVE power involves the discretion to determine what the
law shall be. QUASI-legislative power only involves the discretion
to determine how the law shall be enforced.
2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative
power CAN be delegated.
provision of statute.
Requisites of a Valid Administrative Regulation
1. Its promulgation must be authorized by the legislature.
2. It must be within the scope of the authority given by the legislature.
3. It must be promulgated in accordance with the prescribed
procedure.
4. It must be reasonable
Need for Previous Notice and Hearing
1. General Rule: Administrative rules of GENERAL application do
NOT require previous notice and hearing.
2. Exception: When the legislature itself requires it and mandates that
the regulation shall be based on certain facts as determined at an
appropriate investigation.
3. If the regulation is in effect a settlement of a controversy between
specific parties, it is considered an administrative adjudication,
requiring notice and hearing.

Tests of Delegation (applies to the power to promulgate administrative Prescribing of Rates

regulations ) It can be either:
1. COMPLETENESS test. This means that the law must be complete 1. LEGISLATIVE
in all its terms and conditions when it leaves the legislature so that If the rules/rates are meant to apply to all enterprises of a given kind
when it reaches the delegate, it will have nothing to do but to throughout the country.
enforce it. No prior notice and hearing is required.
2. SUFFICIENT STANDARD test. The law must offer a sufficient
standard to specify the limits of the delegates authority, announce 2. QUASI-JUDICIAL
the legislative policy and specify the conditions under which it is to If the rules and rates imposed apply exclusively to a particular party, based
be implemented. upon a finding of fact. Prior notice and hearing is required.

Definition of Quasi-Judicial Power Requirement of Publication

It is the power of administrative authorities to make determinations of facts in
the performance of their official duties and to apply the law as they construe
it to the facts so found. The exercise of this power is only incidental to the
main function of administrative authorities, which is the enforcement of the
law.
Determinative Powers
1. ENABLING powers
Those that PERMIT the doing of an act which the law undertakes to regulate
and would be unlawful without government approval.
Ex. Issuance of licenses to engage in a particular business.
2.DIRECTING powers
Those that involve the corrective powers of public utility commissions,
powers of assessment under the revenue laws, reparations under public
utility laws, and awards under workmens compensation laws, and powers of
abstract determination such as definition-valuation, classification and fact
finding
Administrative Regulations that MUST be published:
1. Administrative regulations of GENERAL application.
2. Administrative regulations which are PENAL in nature.
Administrative regulations that do NOT NEED to be PUBLISHED:
1. Interpretative regulations
2. Internal rules and regulations governing the personnel of the
administrative agency.
1. Letters of instruction issued by administrative superiors concerning
guidelines to be followed by their subordinates. (Tanada v. Tuvera)
Special Requisites of a Valid Administrative Regulation with a PENAL
sanction
1. The law itself must make violation of the administrative regulation
punishable.
2. The law itself must impose and specify the penalty for the violation
of the regulation.
3. The regulation must be published.

3. DISPENSING powers Requisites for Proper Exercise of Quasi-Judicial Power

Exemplified by the authority to exempt from or relax a general prohibition, or 1. Jurisdiction
authority to relieve from an affirmative duty. Its difference from licensing 2. Due process
power is that dispensing power sanctions a deviation from a standard.
Administrative Due Process : Requirements
4. SUMMARY powers 1. Right to Notice, be it actual or constructive
Those that apply compulsion or force against person or property to effectuate 2. Reasonable opportunity to appear and defend his rights and to
a legal purpose without a judicial warrant to authorize such action. Usually introduce witnesses
without notice and hearing. 3. Impartial tribunal with competent jurisdiction
Ex. Abatement of nuisance, summary destraint, levy of property of delinquent 4. Finding or decision supported by substantial evidence
tax payers
Exceptions to the Notice and Hearing Requirement
5. EQUITABLE powers 1. Urgency of immediate action
Those that pertain to the power to determine the law upon a particular state 2. Tentativeness of the administrative action
of facts. It refers to the right to, and must, consider and make proper 3. Right was previously offered but not claimed
application of the rules of equity. 4. Summary abatement of a nuisance per se
Ex. Power to appoint a receiver, power to issue injunctions 5. Preventive suspension of a public servant facing administrative
Kinds of Administrative Regulations charges
DISTINCTIONS LEGISLATIVE INTERPRETATIVE 6. Padlocking of filthy restaurants/theaters showing obscene movies
1. Capacity that Legislative Judicial 7. Cancellation of a passport of a person sought for criminal
administrative agency is prosecution
acting in 8. Summary distraint and levy of properties of a delinquent taxpayer
2. What administrative It supplements the It says what the statute 9. Replacement of a temporary or acting appointee
agency is doing statute by filling in means
the details Questions Reviewable on Judicial Review:
1. Questions of FACT
3. Force and effect Legislative Merely
regulations have the persuasive/Received by the The general rule is that courts will not disturb the findings of administrative
force and effecr of courts with much respect agencies acting within the parameters of their own competence so long as
law immediately but not accorded with such findings are supported by substantial evidence. By reason of their
upon going into finality special knowledge, expertise, and experience, the courts ordinarily accord
effect. Such is respect if not finality to factual findings of administrative tribunals.
accorded by the
courts or by express 2. Question of LAW
Administrative decision may be appealed to the courts independently of
legislative permission.
It may be appealed even against legislative prohibition because the judiciary
cannot be deprived of its inherent power to review all decisions on questions
of law.

Doctrine of Finality
Courts are reluctant to interfere with action of an administrative agency prior
to its completion or finality, the reason being that absent a final order or
decision, power has not been fully and finally exercised, and there can
usually be no irreparable harm.

EXCEPTIONS: Interlocutory order affecting the merits of a controversy;

Preserve status quo pending further action by the administrative agency;
Essential to the protection of the rights asserted from the injury threatened;
Officer assumes to act in violation of the Constitution and other laws; Order
not reviewable in any other way; Order made in excess of power

Doctrine of Primary Jurisdiction

1. This doctrine states that courts cannot or will not determine a
controversy which requires the expertise, specialized skills and
knowledge of the proper administrative bodies because technical
matters of intricate questions of fact are involved.
2. Relief must first be obtained in an administrative proceeding before
a remedy will be supplied by the court even though the matter is
within the proper jurisdiction of a court.

Doctrine of Prior Resort

When a claim originally cognizable in the courts involves issues which, under
a regulatory scheme are within the special competence of an administrative
agency, judicial proceedings will be suspended pending the referral of these
issues to the administrative body for its view.
Note: The doctrines of primary jurisdiction and prior resort have been
considered to be interchangeable.

Doctrine of Exhaustion of Administrative Remedies

1. Under this doctrine, 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.

Reasons :
1. to enable the administrative superiors to correct the
errors committed by their subordinates.
2. courts should refrain from disturbing the findings of
administrative. bodies in deference to the doctrine of
separation of powers.
3. courts should not be saddled with the review of
administrative cases
4. judicial review of administrative cases is usually
effected through special civil actions which are available
only if their is no other plain, speedy and adequate
remedy.
3. Exceptions
a. when the question raised is purely legal, involves constitutional
questions
b. when the administrative body is in estopped
c. when act complained of is patently illegal
d. when there is urgent need for judicial intervention
e. when claim involved is small
f. when irreparable damage is involved
g. when there is no other plain, speedy , adequate remedy
h. when strong public interest is involved
I. when the subject of controversy is private land
1. in quo warranto proceedings
2. When the administrative remedy is permissive, concurrent
3. utter disregard of due process
4. long-continued and unreasonable delay
5. amount involved is relatively small
6. when no administrative review is provided
7. respondent is a department secretary (DOCTRINE OF QUALIFIED
POLITICAL AGENCY ALTER EGO DOCTRINE)
Substantial evidence defined to mean not necessarily preponderant proof
as required in ordinary civil cases but such kind of relevant evidence which a
reasonable mind might accept as adequate to support a conclusion.