DE LA SALLE UNIVERSITY COLLEGE OF LAW

Lasallian Commission on Bar Operations 2018

POLITICAL AND INTERNATIONAL LAW

Green Notes
Chel Sy
LCBO Chairperson Tet Valeza Borgy Gavina
Academic Affairs Political and International
Nico Garcia Chairperson Law Chairperson
LCBO Vice Chair for
Internals Janine Tutanes Iris Yap
Rod Zantua Political and International
Steph Griar Academic Affairs Deputy Law Deputy Chairperson
LCBO Vice Chair for Chairpersons
Externals Nolan Domingo
Constitutional Law I Subject
Pat Costales Head
LCBO Executive Secretary
Martin Villadolid
Ces Naga Constitutional Law II
LCBO Executive Treasurer Subject Head

Jesse Solis
Law on Administrative
Agencies and Election Law
Subject Head

Dianne Uy
Sam Loyola
Law on Local Governments
Subject Heads

Cha De Vera
Public International Law
Subject Head
POLITICAL LAW
Table of Contents
Constitutional Law I
I. THE PHILIPPINE CONSTITUTION ……….….1
A. Constitution: Definition, Nature,
And Concepts....………..…….……………...1
B. Parts…………….…………………...….…….2
C. Amendment and Revisions ……...………..2
D. Self-Executing and Non-self-executing
provisions ……………………………...……3
E. General Provisions……………………...…..3
II. GENERAL CONSIDERATIONS …………….…4
A. National Territory……………………….….4
1. Archipelagic Doctrine …………........4
B. State Immunity .………………………...…..4
C. General principles and state policies……...5
D. Separation of Powers …………………........9
E. Checks and Balances ……………………….9
F. Delegation of powers ……………………..10
G. Forms of Government ……...……………..10
III. LEGISLATIVE DEPARTMENT ………………..10
A. Who may exercise legislative power……..10
1. Congress…………………………………...11
2. Regional/Local Legislative power ..........11
3. People’s initiative on statutes……...........11
a. Initiative and Referendum………..11
B. House of Congress ………………………...11
1. Senate………………………………...11
2. House of Representatives……….….11
a. District Representatives and
questions of
apportionment…………..……13
b. Party-list system……………...13
C. Legislative privileges, inhibitions and
disqualifications…………………………….14
D. Quorum and voting majorities…….…...….15
E. Discipline of members…………………….. 15
F. Electoral tribunals and the Commission on
Appointments……………………………… 16
1. Nature…………………………..……. 16
2. Powers………………………….……. 16
G. Powers of Congress…………………………17
1. Legislative………………………….... 17
a. Legislative inquiries and the
oversight functions
b. Bicameral conference committee
c. Limitations on legislative power
i. Limitations on revenue
appropriations, and tariff
measures
ii. Presidential veto and
Congressional override
2. Non-Legislative…………………...… 22
a. Informing function
b. Power of Impeachment
c. Other non-legislative powers.
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CONSTITUTIONAL LAW 2
IV. EXECUTIVE DEPARTMENT……………………22
A. Privileges, inhibitions and
disqualifications…………...……….………..22
1. Presidential immunity………....….…23
2. Presidential Privilege……...…….….. 23
B. Powers…………………………………….......24
1. Executive and administrative powers
in general……..……………………… 24
2. Power of
Appointment……………...…………..25
a. In general
b. Commission on Appointments
confirmation
c. Midnight appointments
d. Power of Removal
3. Power of Control and
supervision…………………………… 26
a. Doctrine of qualified political
agency
b. Executive departments and
offices
c. Local government unites
4. Military powers………………….….... 27
5. Pardoning power………………...........28
a. Nature and limitations
b. forms of Executive clemency
6. Diplomatic power……………………..28
7. Powers relative to apportionment
measures……………………………….29
A. Validity of transferring savings
between departments
8. Delegated
powers……………………………….....29
9. Veto powers……………………………30
10. Residual Powers ………………….…..30
11. Executive privilege…………………....30
12. Emergency Powers……………………30
C. Rules of Succession ……………………...…..30
V. JUDICIAL DEPARTMENT………………….…….31
A. Concepts………………………………...……..31
1. Judicial Power……………………..…..31
2. Judicial Review; requisites…………...32
a. Operative fact doctrine
b. Moot questions
c. Political question doctrine
B. Safeguards of Judicial independence……….33
C. Judicial restraint………………………………34
D. Appointments to the Judiciary……………...34
A. Judicial and Bar
Council……………......................34
E. Supreme Court………………………………..34
1. En banc and division cases……....34
2. Procedural rule-making………….34
3. Administrative supervision over
lower courts……………………….35
4. Original and appellate
Jurisdiction…..…………………...35
VI. CONSTITUTIONAL
COMMISSIONS…………..….35
A. Constitutional safeguards to ensure
independence of commissions……….……35
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B. Powers and functions of each IV. EQUAL PROTECTION…………………………..…..…51

commission………………..….……………….36
C. Prohibited offices and Interests……………..36
D. Jurisdiction of each constitutional
Commission…………………….……………..36
E. Review of Final orders, resolutions, and
decisions……………………….………………36
VII. CITIZENSHIP…………………..…………………..38
A. Who are Filipino citizens…………………….38
B. Natural-born citizens and public office...….38
C. Modes of Acquiring citizenship...…………..38
D. Naturalization and denaturalization...…......38
E. Dual citizenship and dual allegiance……….39
F. Loss and re-acquisition of Philippine
Citizenship………………………………….…39
VIII. NATIONAL ECONOMY AND
PATRIMONY........................................................….39
A. Regalian doctrine……………………………..40
B. Franchises, authority, and certificates
for public utilities…………………………….40
C. Practice of professions ………………………41
D. Monopolies, restraint of trade and unfair
competition……………………………………41
IX. SOCIAL JUSTICE AND HUMAN
RIGHTS……………………………………………...41
A. Concept of Social justice………………….….41
B. Commission on Human Rights………….….41
X. EDUCATION, SCIENCE, TECHNOLOGY, ARTS,
CULTURE AND
SPORTS……………………………………………..42
A. Academic Freedom…………………………..42
Constitutional Law II
I. FUNDAMENTAL POWERS OF THE STATE (POLICE
POWER, EMINENT DOMAIN, TAXATION)
A. Concept, application and limits
Police Power ……………………………………….43
Eminent Domain……………………………..……44
Taxation …………………………………................46
B. Requisites for valid exercise ……………………..47
C. Similarities and differences …………………….. 47
D. Delegation ………………………...……………….48
II. PRIVATE ACTS AND THE BILL OF RIGHTS .............49
III. DUE PROCESS – THE RIGHTS TO LIFE, LIBERTY
& PROPERTY …………………..……………………………...49
A. Relativity of due process ……..……………….. 49
B. Procedural and substantive due process .….…49
C. Constitutional and statutory due process ……49
D. Hierarchy of rights ……………………………...51
E. Judicial standards of review …………...…...….51
1. Void-for-vagueness doctrine ………….......51
2. Rational Basis Test ……….…..…………….51
3. Strict Scrutiny Test ……………….…..….....51
4. Intermediate Scrutiny Test …….….…........51
A. Concept …...……...………………...….…...……. 51
B. Requisites for valid classification ……….…..…..51
V. SEARCHES AND SEIZURES …………......……………52
A. Concept …………………………………................52
B. Warrant requirement; requisites for a valid
warrant…………..………………………………...52
C. Warrantless searches ………………..…………...53
D. Warrantless arrests ………………..…………......54
E. Administrative arrests …………...……….…….. 54
F. Drug, alcohol, and blood tests …………............. 55
VI. PRIVACY OF COMMUNICATIONS AND
CORRESPONDENCE
………………………...………….55
A. Private and public communications ……………56
B. Intrusion, when allowed ..……………….……….56
C. Writ of habeas data ……………………...……...….57
VII. FREEDOM OF EXPRESSION ……………….....……....57
A. Concept and scope ……..……….…...……….……. 57
a. Prior restraint (censorship) …..…..….…... 58
b. Subsequent punishment ……..……..…….59
B. Content-based and content-neutral regulations
a. Tests …..………..…………………….…......59
b. Applications……..………………....………59
C. Facial challenges and the overbreadth doctrine… 60
D. Tests ……………………………………………..….. 59
E. State regulation of different types of mass
media………………………….……...………….…. .60
F. Commercial speech …………………….…….…....58
G. Private vs. government speech ……………..……..58
H. Heckler’s veto ……...…………..……………………58
VIII. FREEDOM OF RELIGION …………….……………….62
A. Non-establishment clause ………...…………….....62
a. Concept and basis ………………..……..…...62
b. Acts permitted and not permitted by the
clause…………….............................................62
c. Test ……………………………..………….....62
B. Free exercise clause …………………….……….....63
C. Tests ……………………………………..…………..63
a. Clear and Present Danger Test …..……......63
b. Compelling State Interest Test…………......63
c. Conscientious Objector Test ……………….63
IX. LIBERTY OF ABODE AND FREEDOM OF
MOVEMENT………………………………….………….64
A. Limitations ………….………..……………………. 64
B. Right to travel ………..…………………………… 64
a. Watch-list and hold departure
orders…………………………….……...….64
C. Return to one’s country ……………………….…...65
X. RIGHT TO INFORMATION …...………………………65
A. Limitations …….…………………………………….65
B. Publication of laws and regulations….………….. 66
C. Access to court records …………………………….66
D. Right to information relative to:
a. Government contract negotiations ..……… 67
b. Diplomatic negotiations ……………............ 67

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POLITICAL LAW
XI. RIGHT OF ASSOCIATION …….………...…………..67
XII. EMINENT DOMAIN …………………....…………….67
A. Concept ……….……..……………..……………... 67
B. Expansive concept of “public use” ...…………... 68
C. Just compensation …..…………………………… 68
a. Determination ………………..……….... 68
b. Effect of delay ………………………….. 68
D. Abandonment of intended use and right of
repurchase…………………………………….….. 69
XIII. CONTRACT CLAUSE ……………………..…………..69
A. Contemporary application of the contract clause
XIV. LEGAL ASSISTANCE AND FREE ACCESS TO
COURTS………………………………………………… 70
XV. RIGHTS OF SUSPECTS ………………………………. 70
A. Availability………….………………….….……... 70
B. Requisites ………………………………………… 71
C. Waiver ……………………………………………. 71
XVI. RIGHTS OF THE ACCUSED ……………………….... 72
A. Criminal due process ……………………………...72
B. Presumption of innocence ………………………...72
C. Bail …………………………………………………..73
D. Right to be heard …………………………………..74
E. Assistance of counsel ………………………….......74
F. Right to be informed ………………………………75
G. Right to speedy, impartial and public trial …….. 75
H. Right of confrontation ……………………………. 76
I. Compulsory process ……………………………… 76
J. Trial in absentia ……………………………………. 76
XVII. WRIT OF HABEAS CORPUS ……………………77
XVIII. WRITS OF AMPARO, HABEAS DATA, AND
KALIKASAN……………………………………………. 78
XIX. SELF-INCRIMINATION CLAUSE... …..…………… 79
A. Scope and coverage ……………………................. 79
a. Foreign laws ………………………………79
B. Application ………………………………………... 79
C. Immunity statutes ………………………………... 80
XX. INVOLUNTARY SERVITUDE AND POLITICAL
PRISONERS …………………………………………… 81
XXI. EXCESSIVE FINES AND CRUEL AND INHUMAN
PUNISHMENTS…..………...………………………… 81
XXII. NON-IMPRISONMENT FOR DEBTS ………... 82
XXIII. DOUBLE JEOPARDY ………………………….. 82
A. Requisites ………………………………………....82
B. Motions for reconsideration and appeals
……………………….…………………………….82
C. Dismissal with consent of accused …………… 83
XXIV. EX POST FACTO LAWS AND BILLS OF
ATTAINDER…………………………………………………83
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CONSTITUTIONAL LAW 2
Law on Public Officers
I. GENERAL PRINCIPLES
A. Definition ………………………………………….85
B. Essential Elements of a Public Office…………....85
C. Classification of Public Officers …………………85
D. Characteristics of a Public Officer……………….86
E. Creation of a Public Office……………………….86
F. How a Public Office is Created………………….86
G. Who are Public Officers…………………………..86
II. MODES OF ACQUIRING TITLE
TO PUBLIC OFFICE..…………………………………..87
III. MODES AND KINDS OF APPOINTMENT…………87
A. Nature and Characteristics……………………… 87
B. Appointment and Designation………………..... 88
C. Appointment vs. Designation………….……….. 88
D. Permanent vs. Temporary…………………….. .. 88
E. Presidential Appointments …………………….. 89
F. Regular vs. Ad Interim………………………….. 89
G. Rules on Acceptance and Revocation…………..90
IV. ELIGIBILITY AND QUALIFICATION
REQUIREMENTS……………………………………….90
A. Definitions …………………………….…………. 90
B. Scope of Qualifications………………………….. 91
C. Who May Prescribe Qualifications…………….. 91
D. Restrictions on the Power of Congress………… 91
E. Qualifications Prescribed by the Constitution… 92
F. Duration of Qualification………………………... 92
G. Political Qualification………………………......... 93
V. DISABILITIES AND INHIBITIONS OF PUBLIC
OFFICERS
A. Constitutional Disqualifications……………….. 93
B. Other Disqualifications and Prohibitions……... 94
C. Prohibition om Holding Offices in the Private
Sector………………… …………………………. 94
D. Prohibition on Nepotic Appointments………... 94
E. Disqualifications in the LGC ………….......…… 95
VI. POWERS AND DUTIES OF PUBLIC OFFICERS……96
A. Authority of Public Officers ……………............ 96
B. Duties of Public Officers ……………………….. 96
VII. RIGHTS OF PUBLIC OFFICERS ……………………...96
A. In General………………………………………... 96
B. Right to Office…………………………………… 97
C. Right to Compensation…………………………. 97
D. Constitutional Provisions………………………. 97
E. Right to Retirement Pay………………………… 98
F. Right to Reimbursement and Indemnity………98
G. Right to Reinstatement and Back Salary…….…98
H. Rights to Property, Devices, and Inventions…..98
VIII. LIABILITIES OF PUBLIC OFFICERS…………………99
A. In General………………………………………… 99
B. Three-Fold Responsibility of Public Officers…. 99
C. Preventive Suspension and Back Salaries…….. 100
D. Rules on Preventive Suspension……………….. 100
E. Illegal Dismissal, Reinstatement, and Back
Salaries……………………………………….…… 101
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IX. IMMUNITY OF PUBLIC OFFFICERS .………………101
X. DE FACTO OFFICERS
A. Officer de Jure vs. Officer de Facto……………… 102
XI. TERMINATION OF OFFICAL RELATION
A. Expiration of the Term or Tenure of Office…. 104
B. Reaching the Age Limit………………………… 104
C. Death or Permanent Disability………………… 104
D. Resignation………………………………………. 104
E. Acceptance of an Incompatible Office……….... 105
F. Abandonment of Office………………………… 105
G. Prescription of Right to Office…………………. 105
H. Removal………………………………………….. 105
I. Abolition…………………………………………. 106
J. Conviction of a Crime…………………….…….. 106
K. Non-User……………………………………..……106
L. Recall…………………………………………..…..106
M. Filing of a Certificate of Candidacy by an
Appointive Official……….…………………..…..106
XII. THE CIVIL SERVICE
A. Scope……………………………………………… 106
B. Jurisdiction of the Civil Service Commission….106
C. Appointments to the Civil Service………………107
D. Personnel Action...………………………………..108
XIII. ACCOUNTABILITY OF PUBLIC OFFICERS………..108
A. Impeachment………………………...……………108
B. Ombudsman……………………………………... 109
C. Sandiganbayan………………………………..… 110
D. Ill-Gotten Wealth………………………………… 110
XIV. TERM LIMITS………………………………….……… 111
Administrative Law
I. GENERAL PRINCIPLES…………………………113
A. Sources of Administrative Law…………………113
B. Scope of Administrative Law…………………...113
C. Classifications of Administrative Law…………113
II. ADMINISTRATIVE AGENCIES………………..113
A. Definition………………………………………….113
B. Creation of Administrative Agencies…………..114
C. Different Ways of Creating Public Office……...114
D. Faithful-Execution Clause……………………….114
E. Administrative Agencies Directly Created by the
1987 Constitution…………………………….….. 114
F. How the President’s Ordinance Power is
Exercised……………………………………….….114
G. Extent of President’s Powers……………….…....114
H. Kinds of Administrative Agencies………….…..114
III. POWERS OF ADMINISTRATIVE AGENCIES..115
A. Express and Implied Powers……………………115
B. Doctrine of Necessary Implication…………….. 115
C. Powers of Administrative Agencies……………115
D. Quasi-Legislative Powers………………………..115
E. Quasi-Judicial Powers……………………………116
F. Investigatory Powers…………………………….118
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CONSTITUTIONAL LAW 2
IV. JUDICIAL RECOUSE AND REVIEW………….118
A. Judicial Review of Administrative Decisions….118
B. Requisites of Judicial Review of Administrative
Decisions…………………………………………..118
C. Doctrine of Exhaustion of Administrative
Remedies…………………………………………..119
D. Doctrine of Primary Jurisdiction…………..……119
E. Doctrine of Exhaustion of
Administrative Remedies vs.
Doctrine of Primary Jurisdiction………...……...119
Election Law
I. SUFFRAGE ……………………………………………120
A. Definition………………………………………... 120
B. Scope of Suffrage……………………………...... 120
C. Kinds of Election………………………..………. 120
II. QUALIFICATION AND DISQUALIFICATION OF
VOTERS…………………………………………………120
A. Qualification of Voters……………………….… 120
B. Disqualification of Voters……………………… 121
III. REGISTRATION OF VOTERS………………………..
A. Registration, Definition……………………….. 121
B. Registered Voter………………………………. 121
C. Effect of Transfer of Residence……………….. 121
D. Period of Registration…………………………. 121
E. Manner of Registration…………………………121
F. Change of Residence or Address…………….. 121
G. Remedy in Case of Approval/Disapproval of
Application for Registration...……….………... 122
H. Deactivation of Registration…………………...122
I. Grounds of Deactivation……………………….122
J. Reactivation of Registration…………………... 122
a. Period…………………………………….. 122
K. Overseas Absentee Voter…………………….... 122
L. Coverage of the Right to Vote……………….... 122
IV. INCLUSION AND EXCLUSION PROCEEDINGS…122
A. Period for Filing the Petition for Inclusion or
Exclusion Proceeding…………………………...122
B. Court with Jurisdiction over Inclusion and
Exclusion Proceeding………………….………. 122
C. Common Rules………………………………… 123
V. POLITICAL PARTIES…………………………………123
A. Political Party, Definition…………………….. 123
B. Kinds of Political Party……………………….. 123
C. Party-list System………………………………. 123
D. Sectoral Organization……………….………... 123
E. Coalition……………………………………….. 123
F. Jurisdiction of COMELEC over Political
Parties………………………………………….. 123
G. Purpose of Registration………………………. 124
H. Grounds for Refusal/Cancellation of
Registration…………………………………… 124
I. Effect of Change of Party-list Affiliation…… 124
J. Seat Allocation………………………………... 124
K. Rules on the Computation of the Seats…….. 124
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VI. CANDIDACY………………………………………….124
A. Candidacy, Definition………………………....124
B. Qualification of Candidates…………………..124
C. Substitution in Case of Death, Withdrawal, and Local Government Code
Disqualifications………………………………..125
D. Ministerial Duty of COMELEC to Receive
Certificate………………………………………..125 I. PUBLIC CORPORATIONS……………………..147
E. Nuiscance Candidate…………………………..125
F. Ground for Denying and Cancelling a II. MUNICIPAL CORPORATIONS……………….148
Certificate of Candidacy...……………………..126 A. De Jure Municipal Corporations ….….…........150
G. Filing of Petition for Denial and
Cancellation of Certificate of Candidacy...…..126 B. Municipal Corporations by Prescription ……..150
H. Disqualifications of Candidates………………126 C. De Facto Municipal Corporations.…………...150
I. Effects of Disqualification…………………….126
J. Withdrawal of Candidacy…………………….126 III. PRINCIPLES OF LOCAL AUTONOMY……... 154
K. Effect of Withdrawal…………………………..126 A. Decentralization of Administration……….....155
B. Decentralization of Power………………….....155
VII. CAMPAIGN…………………………………………..126 C. Devolution…………………..……………….…155
A. Premature Campaign…………………………126 D. Deconcentration……………………..…..…......155
B. Prohibited Contributions……………………. 126 E. Debureaucratization…………………..…..…...155
C. Prohibited Donations………………………… 127
D. Lawful Election Propaganda………………... 127 IV. POWERS OF LOCAL GOVERNMENT
E. Unlawful Election Propaganda………………128 UNITS…………………………………………..….156
F. Limitations on Expenses………………………128 A. Police Power……………………………...………156
G. Statement of Contributions………………….. 128 B. Eminent Domain…………………………………157
H. Effect of Failure to File………………………...128 C. Legislative Power………………………………..159
D. Corporate Powers………………………………...160
VIII. BOARD OF ELECTION INSPECTORS AND BOARD E. Liabilities of LGUs……………………………….161
OF CANVASSERS……………………………………...129 F. Settlement of Boundary Disputes………………162
A. Composition of Election Inspectors…………...129
B. Qualifications…………………………………….129 V. LOCAL OFFICIALS………………………………163
C. Disqualifications………………………………....129 A. Succession on Local Officials…………………. 164
D. Powers of Board of Election Inspectors….……129 B. Discipline of Local Officials……….………...…166
E. Board of Canvassers……………………………..129
F. Jurisdiction of the COMELEC over Board of
Canvassers……………………………………..…130
G. Duties of the Board of Canvassers…………..…130
H. Ministerial Duties of the Board of Canvassers..130
Public International Law
I. Quasi-judicial Duties of the Board of
Canvassers…………………………..…………...130 VI. CONCEPTS ............................................................ 170
J. Period to Complete Canvass………..………….130 A. Obligations erga omnes ............................................ 170
B. Jus cogens................................................................... 170
IX. REMEDIES AND JURISDICTION IN ELECTION C. Concept of ex aequo et bono...................................... 170
LAW……………………………………………………..130
A. Petition Not to Give Due Course to Cancel a
I. RELATIONSHIP OF INTERNATIONAL AND
Certificate of Candidacy………...…………….130
NATIONAL LAW .......................................................... 171
B. Disqualification Cases…………………………131
A. Theories on the Relationship between International
C. Failure of Election………………...……………131
Law and Municipal Law ........................................ 171
D. Pre-Proclamation Controversy….....…………132
B. Theories as to Adoption of International Law and
E. Election Protest………………..……………….134
Domestic Law .......................................................... 171
F. Quo Warranto……………….…………………136
C. Conflict between International law and Municipal
Law ........................................................................... 171
X. PROSECUTION OF ELECTION OFFENSES………136
A. Election Offenses………………………………136
II. SOURCES ........................................................................ 171
B. Other Election Offenses under RA 6646…….137
A. The Sources of International Law .................. 171
C. Prescription…………………………………….137
B. Classification of Sources ................................. 171
D. Jurisdiction……………………………………. 137
C. Sources of International Law under the Statute
E. The Policy of Non-Interference………………137
of the International Court of Justice .............. 171
D. Treaties & Agreements ................................... 172
XI. OMNIBUS ELECTION CODE OF THE PHILIPPINES
E. Customary International Law ........................ 172
(B.P. Blg. 881, as amended)……………………...…..139
F. General Principles of Law .............................. 172
G. Judicial Decisions and Teachings of the Most
XII. ELECTION AUTOMATION LAW (R.A. No. 8436, as
Highly Qualified Publicists ............................ 173
amended by R.A. No. 9369)………………………....139

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POLITICAL LAW
III. SUBJECTS ....................................................................... 173
A. States ....................................................................... 173
a. Elements/Qualifications of Statehood: ...... 173
B. International organizations .................................. 174
1. Belligerent community .............................. 174
2. International Administrative Bodies ....... 174
C. Individuals.............................................................. 174
IV. BASIC PRINCIPLES OF DIPLOMATIC AND
CONSULAR LAW .......................................................... 174
A. Vienna Convention on Diplomatic Relations ... 174
B. Bilateral and Multilateral Diplomacy ................ 174
C. Elements of Diplomatic and Consular Law ...... 175
D. Sources of Diplomatic and Consular Law ......... 175
E. Classes of Heads of Consular Posts ................... 177
F. General Provisions ............................................... 177
A. Persona Non Grata ............................................... 177
V. GENERAL PRINCIPLES OF TREATY LAW .............. 178
A. Treaty ...................................................................... 178
B. Types of Treaties .................................................... 178
C. Treaty-Making Process.......................................... 178
D. Principles ................................................................ 179
E. Amendment and Modification of a Treaty ......... 179
VI. NATIONALITY AND STATELESSNESS .................... 180
A. Nationality..................................................................... 180
A. Multiple Nationality ........................................... 180
B. Doctrine of Indelible Allegiance ......................... 180
C. Statelessness.......................................................... 180
VII. STATE RESPONSIBILITY AND TREATMENT OF
ALIENS ............................................................................ 180
A. Doctrine of State Responsibility ......................... 180
a. Elements of State Responsibility .............. 180
b. Elements of An Internationally Wrongful
Act ............................................................... 180
B. Treatment and Protection of Aliens ................... 180
a. Standard of Protection of Aliens ............. 181
C. Right of Diplomatic Protection ........................... 181
a. Methods to Avoid Liability ...................... 181
VIII. JURISDICTION OF STATES ......................................... 181
A. Territoriality principle ........................................... 181
B. Nationality principle and statelessness ............... 181
a. Nationality .................................................. 181
b. Statelessness ............................................... 181
C. Protective Principle................................................ 181
D. Universality Principle............................................ 182
E. Passive personality principle................................ 182
F. Conflicts of jurisdiction ......................................... 182
a. Three Modes for Resolving Conflicts ...... 182
b. The Balancing Test ..................................... 182
c. International Comity ................................. 182
d. Forum non conveniens.............................. 182
IX. TREATMENT OF ALIENS ............................................ 182
A. Extradition ............................................................ 182
b. Principles .................................................... 182
c. Distinction between Extradition and
Deportation ................................................ 182
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X. International Human Rights Law ................................ 183
A. Universal Declaration of Human Rights ........... 183
B. International Covenant on Civil and Political
Rights .................................................................... 183
a. Substantive Rights under ICCPR ............ 183
b. Non-derogable Rights under ICCPR ...... 183
c. Optional Protocols to the International
Covenant on Civil and Political Rights ... 183
C. International Covenant on Economic, Social and
Cultural Rights ..................................................... 183
b. Three Generations of Human Rights ...... 183
XI. BASIC PRINCIPLES OF INTERNATIONAL
HUMANITARIAN LAW AND NEUTRALITY.......... 184
A. Categories of armed conflicts ............................. 184
a. International armed conflicts (IAC) ............... 184
b. Internal or non-international armed conflict
(NIAC)................................................................... 184
c. War of national liberation ............................... 184
B. Core international obligations of states in
International Humanitarian Law ....................... 184
a. Civilian ....................................................... 185
b. Civilian population ................................... 185
C. Principles of International Humanitarian Law 185
a. Prisoners of war ......................................... 185
D. Law on neutrality................................................. 185
a. Rights and Duties of Neutral States ........ 185
b. Rights and Duties of Belligerent States ... 185
E. RA No. 9851 .......................................................... 186
XII. LAW OF THE SEA ......................................................... 188
A. Baselines................................................................ 188
a. Two Ways of Drawing the Baseline ........ 188
B. Archipelagic states .............................................. 188
a. Straight archipelagic baselines................. 188
b. Archipelagic waters .................................. 188
c. Archipelagic sea lanes passage ................ 188
C. Internal waters ..................................................... 188
D. Territorial sea ....................................................... 188
E. Exclusive economic zone .................................... 188
F. Continental shelf .................................................. 188
a. Extended continental shelf ....................... 188
G. International Tribunal for the Law of the Sea .. 188
XIII. INTERNATIONAL ENVIRONMENTAL LAW ......... 189
6
POLITICAL LAW CONSTITUTIONAL LAW 2

THE PHILIPPINE CONSTITUTION

A. CONSTITUTION: DEFINITION, NATURE,

AND CONCEPTS.
i. Definition

Constitution defined,
Body of rules and maxims in accordance with
which the power of sovereignty is habitually
CONSTITUTIONAL exercised.

LAW I
Written instrument enacted by direct action of the
people by which the fundamental powers of the
government are established, limited and defined,
and by which those powers are distributed among
the several departments for their safe and useful
exercise

Basic and paramount law to which all other laws

must conform and to which all persons, including
the highest officials of the land, must defer.

A law for the government, safeguarding individual

rights, set down in writing.

An organic instrument, under which governmental

powers are both conferred and
circumscribed.((Fernando, The Constitution of the
Philippines 20-21 (2nd ed., 1977)

Constitutional Law defined,

Constitutional Law is the study of the maintenance
of the proper balance between the authority of the
State and liberty as guaranteed by the Bill of Rights.

ii. Purpose
 To prescribe permanent framework of a
system of government
 To assign to several departments their
respective powers and duties.
 To establish certain first principles on
which the government is founded.
 To shape and fix the limits of
governmental activity.

iii. Classification
a. Written – precepts are embodied in one
document or set of documents

b. Unwritten – not integrated into a single, concrete

form but are scattered in various sources
i.e. statutes, judicial decisions,
commentaries of publicist, customs and
traditions and certain common law
principles.

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POLITICAL LAW CONSTITUTIONAL LAW 2

c. Enacted (conventional) – formally struck off at a
definite time and place through a deliberate
effort taken by a constituent body or ruler.
d. Evolved (cumulative) – result of a political
evolution, changing by accretion rather than
systematic method.
e. Rigid – amended only by a formal and usually
difficult process.
civil and political rights of the citizens and imposes
limitations on the powers of the government as a
means of securing the enjoyment of those rights.
 e.g. Bill of Rights
(2). Constitution of Government - outlines the
organization of the government, enumerates its
powers, lays down certain rules relative to its
administration and defines the electorate. (Arts. VI,
VII, VIII, IX)

(3). Constitution of Sovereignty - the provisions pointing

f. Flexible – can be changed by ordinary
out the mode or procedure in accordance with which
registration.
formal changes in the fundamental law may be
brought about.
 Philippine Constitution – Written, Enacted
 e.g. Art. XVII
and Rigid.

Date of Effectivity of the 1987 Constitution: February 2, 1987,

the date of the plebiscite, not the date of the proclamation of C. AMENDMENT/REVISION OF THE
the ratification ((De Leon v. Esguerra, G.R. No. 78059, August CONSTITUTION
31, 1987))
i. Amendment v. Revision
iv. Qualities of a Good Written Constitution
Amendment Revision
a. Broad – must be comprehensive enough to  Broadly refers to a  Broadly implies a
provide for everyday contingency. change that adds, change that alters a
reduces, deletes, basic principle in the
b. Brief – must confine itself to basic principles to be without altering the Constitution, like
implemented with legislative details more basic principle altering the principle
adjustable to change and easier to amend. involved. of separation of
 GR: affects only powers or the system
c. Definite – to prevent ambiguity in the provisions to specific provisions of checks and
avoid divisiveness and confusion among people. being amended balances.
 If the change alters the
v. Construction or Interpretation of Constitution substantial entirety of
the Constitution
a. Verba Legis —whenever possible, the words used  Generally affects
in the Constitution must be given their ordinary several provisions of
meaning except where technical terms are the Constitution (Art.
employed. XVIII, 1987 Const.)

b. Ratio legis et anima – the words of the constitution
should be interpreted in accordance with the
intent of the framers.
c. Ut magis valeat quam pereat — the Constitution
has to be interpreted as a whole. (Francisco vs.
HR, G.R. No. 160261, November 10, 2003)
d. Construction of doubtful provisions
 Examined in light of the history of the times
and the conditions and circumstances under
which the constitution was framed. (Civil
Liberties Union vs. Executive Secretary, 194
SCRA 317)
 Construed as self-executory and mandatory
rather than directory; prospective rather than
retroactive.
B. PARTS
(1). Constitution of Liberty - sets forth the fundamental
ii. Legal Tests
(1). Quantitative test- The court examines
the number of provisions affected and does not
consider the degree of change;
(2). Qualitative test- The court inquires into
the qualitative effects of the proposed change in the
Constitution. The main inquiry is whether the change
will “accomplish such far-reaching changes in the
nature of our basic governmental plan as to amount to
a revision” ((Lambino v. COMELEC, G.R. No. 174153.
October 25, 2006))
iii. Procedure
(1). Proposal – adoption of the suggested
change in the Constitution
a. Congress (as a Constituent Assembly) – vote
of ¾ of ALL its members
b. Constitutional Convention – called into
existence by (1) 2/3 of ALL members of
Congress OR (2) the electorate, in a referendum

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POLITICAL LAW
called for by the majority of the members of
Congress (CONST., Art. XVII, Sec. 3)
c. People (through a People’s initiative) – a
petition of at least 12% of the total number of
registered voters, and every legislative district
must be represented by at least 3% of the
registered voters therein.
 No Amendment in this manner shall
be authorized within 5 years
following the ratification of the 1987
Const. nor more often than once
every 5 years thereafter
 Constitutional provision on
amendments via People’s Initiative
not self-executory (Defensor-
Santiago v. COMELEC, 270 SCRA
170 (1997)
 Two essential elements must be
present:
i. The people must author and
sign the entire proposal; no
agent or representative can
sign in their behalf;
ii. As an initiative upon a
petition, the proposal must
be embodied in the petition.
(Lambino, supra.)
(2). Ratification – proposed amendment shall be
submitted to the people and shall be deemed
ratified by the majority of votes cast in a
plebiscite, held not earlier than 60 days nor
later than 90 days after:
a. Congress of by the ConCon; or
b. Certification by the COMELEC of the
sufficiency of the petition of the people
Doctrine of Proper Submission
A plebiscite may be held on the same day as a
regular election (Gonzales v. COMELEC, 21 SCRA
774). No “piecemeal submission” is allowed.
(Lambino, supra.) The entire Constitution must be
submitted for ratification at one plebiscite only. The
people must have a proper “frame of reference
(Tolentino v. COMELEC, 41 SCRA 702)
Justiciability
()Although the question of whether a Constitution
was validly ratified is a justiciable question, the
question of whether a Constitution has come into
force and effect is a political question which is
beyond the competence of the Court to decide.
((Javellana v. Executive Secretary. 50 SCRA 30, (1973))
) government-owned or controlled corporation or in
D. SELF-EXECUTING AND NON-SELF-
EXECUTING PROVISIONS
General Presumption: Unless the contrary is clearly
intended, all provisions of the Constitution should be
considered self-executing. (Manila Prince Hotel v. GSIS et al.
G.R. No. 122156, February 3, 1997)
Exceptions:
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CONSTITUTIONAL LAW 2
(1). Statements of general principles such as those in Art
II are usually not self-executing ((Id.))
(2). Constitutional provisions of personal dignity,
sanctity of family life, vital role of the youth in nation-
building, values of education, social justice and
human rights, promotion of general welfare,
promotion of total human liberation and
development are merely guidelines for legislation
((Id.))
Exception to the Exception: The right to a balanced
and healthful ecology (Oposa v. Factoran. G.R. No.
101083, July 10, 1993). The promotion and
protection of health is self-executory. (Imbong v.
Ochoa, G.R. No. 204819, April 8, 2014)
E. GENERAL PROVISIONS
Philippine Flag
() Shall be red, white and blue, with a sun and three stars.
Design of the flag may be changed only by constitutional
amendment. (Sec. 1, Article XVI)()
Name of Country, etc.
Name of the country, national anthem, and national seal()
may be changed by Congress by law. Such law will only take
effect upon ratification by the qualified electorate in a national
referendum. (Sec. 2, Article XVI)
Armed Forces
a. Composition - The armed forces of the Philippines
shall be composed of a citizen armed force which
shall undergo military training and serve as may be
provided by law. It shall keep a regular force
necessary for the security of the State (Sec. 4, Art.
XVI).
b. Tour of duty of the Chief of Staff - The tour of duty of
the Chief of Staff of the Armed Forces shall not
exceed three years.
 Exception: In times of war or other
national emergency declared by the
Congress, the President may extend such
tour of duty (Sec. 5(7), Art. XVI).
c. Partisan political activity - No member of the military
shall engage directly or indirectly in any partisan
political activity, except to vote (Sec. 5(3), Art. XVI).
d. Appointment to other positions - No member of the
armed forces in active service shall, at any time, be
appointed or designated in any capacity to a
civilian position in the government including
any of their subsidiaries (Sec. 5(4), Art. XVI).
Police Force
One police force; National in scope; Civilian in Character
Mass media and advertising industry
a. State policy on the ownership of mass media - The
ownership and management of mass media shall be
limited to citizens of the Philippines, or to
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POLITICAL LAW
corporations, cooperatives or associations, wholly
owned and managed by such citizens.
 Congress shall regulate or prohibit
monopolies in commercial mass media
when the public interest so requires.
 No combinations in restraint of trade or
unfair competition therein shall be
allowed (Sec. 11 (1), Art. XVI).
b. State policy on the advertising industry - The
advertising industry is impressed with public
interest, and shall be regulated by law for the
protection of consumers and the promotion of the
general welfare.
 Only Filipino citizens or corporations or
association at least 70% of the capital of
which is owned by such citizens shall be
allowed to engage in the advertising
industry.
 The participation of foreign investors in
the governing body or entities in such
industry shall be limited to their
proportionate share in the capital thereof
 All the executive and managing officers
of such entities must be citizens of the
Philippines (Sec. 11 (2), Art. XVI)
Preamble
The Preamble is not a source of power or right for any
department of government. It sets down the origin, scope,
and purpose of the Constitution. It bears witness to the fact
that the Constitution is the manifestation of the sovereign will
of the Filipino people.
Social Contract Theory
The identification of the Filipino people as the author of the
Constitution calls attention to an important principle -- that
the document is not just the work of representatives of the
people but of the people themselves, who put their mark
approval by ratifying it in a plebiscite.
 Does not confer rights nor impose duties;
 Indicates authorship of the Constitution;
 Enumerates the primary aims and aspirations of
the framers; and
 Serves as an aid in the construction of the
Constitution.
GENERAL CONSIDERATIONS
A. NATIONAL TERRITORY
ART. 1 (SEC. 1) 1987 CONSTITUTION
The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines
has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarines areas. The waters around, between and
connecting the islands of the archipelago, regardless of
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CONSTITUTIONAL LAW 2
their breadth and dimensions, form part of the internal
waters of the Philippines
The Archipelagic Doctrine
A body of water studded with islands, or the islands
surrounded with water, is viewed as a unity of islands and
waters together forming one integrated unit ((N.B. Embodied
in Art. II specifically by the mention of “Philippine Archipelago”
plus the specification on internal waters))
Straight baseline method
Consists of drawing straight lines connecting appropriate
points on the coast without departing to any appreciable
extent from the general direction of the coast, in order to
delineate the internal waters from the territorial waters of an
archipelago. ((Republic Act 9522; Amended R.A. No. 3046
entitled “An Act to Define the Baseliens of the Territorial Sea
of the Philippines))
Components of Territory
(1). The Philippine archipelago with all the islands and
waters embraced therein
 Internal waters - waters around, between, and
connecting the islands of the archipelago,
regardless of breadth and dimension;
(2). All other territories over which the Philippines has
sovereignty or jurisdiction.
The Philippine Archipelago
The Philippine Archipelago is that body of water studded
with islands which is delineated in the Treaty of Paris of
December 10, 1988, as modified by the Treaty of
Washington of November 17, 1900 and the Treaty with
Great Britain of January 2, 1930.
Other territories over which the Philippines exercises
jurisdiction
Includes any territory which presently belongs or might in
the future belong to the Philippine through any of the
internationally accepted modes of acquiring territory.
 R.A. N0. 9522 specified that baselines of
Kalayaan Group of Islands, and Bajo de
Masinloc (Scarborough Shoal) shall be
determined as “Regime of Islands” under the
Republic of the Philippines, consistent with
the UNCLOS.
 R.A. No. 9522 is not unconstitutional. It is a
statutory tool to demarcate the maritime zone
and continental shelf of the Philippines under
UNCLOS III and does not alter the national
territory.The law does not abandon the
country’s claim to Sabah, as it does not
expressly repeal the entirety of R.A. No. 5446
(Magallona v. Ermita, G.R. No. 187167, 16 July
2011)
B. STATE IMMUNITY
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POLITICAL LAW
i. Rules
GR: The State cannot be sued.
Exception: The State consents to be sued.
Exception to the Exception: The State/public officer
may be sued without prior consent:
(1). To compel him to do an act required by
law;
(2). To restrain him from enforcing an act
claimed to be unconstitutional
(3). To compel the payment of damages from
an already appropriated assurance fund or to
refund tax over-payments from a fund already
available for the purpose;
(4). To secure a judgment that the officer
impleaded may satisfy himself without the State
having to do a positive act to assist him;
(5). Where the government itself has violated
its own laws (Sanders v. Veridiano, 245 Phil. 63
(1988))
Manner by which consent is given:
(1). Express Consent
a. General law;
i. Money claims arising from
contracts express or implied
(Act. No. 3083: An Act
Defining the Conditions under
which the Government may be
Sued.)
ii. Torts
(1). Liability of LGUs (Art.
2189 CC)
(2). Vicarious liability for
special agents (Art.
2180(6), CC)
b. Special law
(2). Implied Consent
a. When the State commences
litigation, it becomes vulnerable to a
counterclaim;
b. State enters into a business contract
in the exercise of its proprietary
power;
c. When it would be inequitable for
the State to invoke immunity; and
d. When the state exercises the power
of eminent domain
ii. Basis
Constitutional Basis: Sec. 3, Art. XVI
International Law Basis:
Par in parem non habet imperium.
Jurisprudential Basis:
(1). Positivist Theory- (Royal Prerogative of
Dishonesty) There can be no legal right as against
the authority that makes the laws on which the
right depends. (Department of Agriculture v.
NLRC, G.R. No. 104269, 11 November 1993)
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CONSTITUTIONAL LAW 2
(2). Sociological Theory- If the State is amenable to
suits, all its time would be spent defending itself
from suits and this would prevent it from
performing its functions (Republic v. Hon. Villasor,
G. R. No. L-30671, November 28, 1973
When a suit is against the State:
A suit is against the state regardless of who is named the
defendant if:
(1). It produces adverse consequences to the public
treasury in terms of disbursement of public funds
and loss of government property.
(2). It cannot prosper unless the State has given its
consent
When a suit is not against the State:
A suit is not against the state when:
(1). The purpose is to compel an officer charged with
the duty of making payments pursuant to an
appropriation made by law in favor of the plaintiff
to make such payment, since the suit is intended to
compel performance of a ministerial duty
(2). From the allegations in the complaint, it is clear that
the respondent is a public officer sued in a private
capacity;
(3). The action is not in personam with the government
as the named defendant, but an action in rem that
does not name the government in particular
State immunity may be invoked where it is established
that the U.S. military vessel at the time of the incident was
performing a governmental function (Arigo v. Swift, 735
SCRA 102 (2014))
iii. Specific Rules
Suits against Government Agencies
(1). Incorporated (has a separate charter) - If the
charter provides that the agency can sue, then the
suit will lie. The provision in the charter constitutes
express consent. (SSS v. Court of Appeals, 120
SCRA 707 (1983)
(2). Unincorporated (no separate personality) - Suit
will lie, because when the state engages in
principally proprietary functions, it descends to the
level of a private individual, and may, therefore, be
vulnerable to suit (Civil Aeronautics
Administration v. CA (1988) State may only be
liable for proprietary acts (jure gestonis) and not for
sovereign acts (jure imperii)
Scope of Consent
Suability depends on the consent of the state to be sued,
liability on the applicable law and the established facts. The
circumstance that a state is suable does not necessarily mean
that it is liable; on the other hand, it can never be held liable if
it does not first consent to be sued. Liability is not conceded
by the mere fact that the state has allowed itself to be sued.
When the state does waive its sovereign immunity, it is only
giving the plaintiff the chance to prove, if it can, that the
defendant is liable. (US v. Guinto (1990))
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POLITICAL LAW
C. GENERAL PRINCIPLES AND STATE
POLICIES
(1). Sec. 2, Article II
Three parts:
(1) Renunciation of war - the power to wage a defensive
war is of the very essence of sovereignty;
 limited to only renouncing an aggressive war
because of its membership in the United Nations
whose charter renounces war as an instrument of
national policies of its member states.
(2) Adoption of the principles of international law;
 nothing more than a formal acceptance of a
principle to which all civilized nations must
conform.
(3) Adherence to a policy of peace, equality, justice,
freedom, cooperation & amity.
 called the “selfish policy”—the guiding principle
of Philippine foreign policy is the national
interest. However, this is tempered with concern
for “equality, peace, freedom and justice.
Generally accepted principles of international law
Norms of general or customary international law which are
binding on all States.
The classical formulation in international law sees customary
rules accepted as a binding result from the combination of:
(1) State Practice - The established, widespread, and
consistent practice on the part of States; and
(2) Opinio Juris - A psychological element known as the
opinion juris sive necessitates (opinion as to law or
necessity) (Poe-Llamanzares v. COMELEC, G.R. No.
221697)
International law becomes part of the sphere of domestic law
either by incorporation or transformation:
Doctrine of Incorporation
Generally accepted principles of international law are made
part of the law of the land either by express provision of the
Constitution or by means of judicial declaration or fiat.
 Applied whenever municipal tribunals or local
courts are confronted with a conflict between a
rule of international law and the provisions of the
Constitution or statute of a State. (Pharmaceutical
and Health Care Association of the Philippines v.
Duque III, G.R. No. 173034 (2007))
 Efforts should first be exerted to harmonize them
so as to give effect to both. In case of conflict,
municipal law shall prevail.
 However, rules of international law are given
equal standing with, and are not superior to,
national legislative enactments.
 Generally accepted principles of international
law via the incorporation clause of the
Constitution form part of the laws of the land
even if they do not derive from treaty obligations.
Doctrine of Transformation
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CONSTITUTIONAL LAW 2
Requires that an international law be transformed into a
domestic law through a constitutional mechanism such as
local legislation (Joaquin G. Bernas, S.J., Constitutional
Structure and Powers of Government (Notes and Cases) Part
I ( 2005))
(2).Civilian Supremacy Clause) – Sec. 3, Article II
Installation of the President as the highest civilian authority,
as the commander-in-chief of the AFP— an external
manifestation that civilian authority is supreme over the
military. (Sec. 18, Art. VII, in relation to Sec. 3, Article II)
Civilian authority is not defeated in a joint task force between
the PNP and Marines for the enforcement of law and order in
metro Manila as long as control is left to the PNP (IBP v.
Zamora (2000))
(3) Sec. 4, Article II
Posse Commitatus, defined
It is the power of the state to require all able-bodied citizens
to perform civic duty to maintain peace and order.
The Supreme Court upheld the validity of the
National Defense Act in Lagman on the basis of the
compulsory military and civil service provision of
the 1935 Constitution. It said that: “The duty of the
Government to defend the State cannot be
performed except through an army. To leave the
organization of an army to the will of the citizens
would be to make this duty to the Government
excusable should there be no sufficient men who
volunteer to enlist therein…the right of the
Government to require compulsory military service
is a consequence of its duty to defend the State and
is reciprocal with its duty to defend the life, liberty,
and property of the citizen.” (People vs. Lagman, 66
Phil. 13,)
(4) Sec. 5, Article II
Right to bear arms
It is a statutory and not a constitutional right. The license to
carry a firearm is neither a property nor a property right.
Neither does it create a vested right. Even if it were a property
right, it cannot be considered absolute as to be placed beyond
the reach of police power. The maintenance of peace and
order, and the protection of the people against violence are
constitutional duties of the State, and the right to bear firearm
is to be construed in connection and in harmony with these
constitutional duties.( Chavez vs. Romulo, G.R. No. 157036,
June 9, 2004)
Recognition of Hierarchy of Rights
a. Life
b. Liberty
c. Property
(Philippine Blooming Mills Employees
Organization v. Philippine Blooming Mills Co. Inc.,
51 SCRA 189)
(5) Sec. 6, Article II
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 POLITICAL LAW
The State should not use its money and coercive power to
establish religion. It should not support a particular religion.
The State is prohibited from interfering with purely
ecclesiastical affairs. But it does not mean that there is
total or absolute separation. The better rule is symbiotic
relations between the church and State.
Allowing religion to flourish is not contrary to the principle
of separation of Church and State. In fact, these two principles
are in perfect harmony with each other. x x To successfully
invoke compelling state interest, it must be demonstrated that
the masses in the QC Hall of Justice unduly disrupt the
delivery of public services or affect the judges and employees
in the performance of their official functions. (Re: Letter of
Tony Q. Valenciano, Holding of Religious Rituals at the Hall
of Justice Building in Quezon City, A.M. No. 10-4-19-SC,
March 7, 2017)
(6) Independent Foreign Policy – Sec. 7, Article II
(7) Policy of Freedom from Nuclear Weapons – Sec. 8,
Article II
The ban is on nuclear arms - that is, the use and stockpiling
of nuclear weapons, devices, and parts thereof. Includes:
 possessing, controlling and manufacturing nuclear
weapons,
 nuclear test in our territory,
 use of our territory as dumping ground for
radioactive waste.
However: provision not a ban on the peaceful uses of nuclear
energy. Nor is it a ban on all “nuclear-capable vessels.” For
a vessel to be banned, it is not enough that it is capable of
carrying nuclear arms; it must actually carry nuclear arms.
(The 1987 Constitution of the Republic of the Philippines: A
Commentary (2009), Bernas)
(8) Just and Dynamic Social Order – Sec. 9, Article II
(9) Social Justice – Sec. 10, Article II
Social Justice
Equalization of economic, political and social opportunities
with special emphasis on duty of the state to tilt balance of
social forces by favoring the disadvantaged.
(10) Personal Dignity and Human Rights – Sec. 11,
Article II
(11) The Family as Basic Social Institution – Sec. 12,
Article II
The declaration of family autonomy accepts that the family is
anterior to the State and is not a creature of the State. It
protects the family from instrumentalization by the State.
When necessary to save the life of the mother, the life of the
unborn may be sacrificed; but not when the purpose is merely
to save the mother from emotion suffering, for which other
remedies must be sought, or to spare the child rom a life of
poverty, which can be attended to by welfare institutions.
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(12) Vital Role of the Youth in Nation Building – Sec.
13, Article II
(13) Equality of Women and Men – Sec. 14, Article II
, The policy of not accepting or considering as
disqualified from work any woman worker who
contracts marriage, runs afoul of the test of, and
the right against, discrimination, which is
guaranteed all women workers under the
Constitution. While a requirement that a woman
employee must remain unmarried may be justified
as a “bona fide occupational qualification” where
the particular requirements of the job would
demand the same, discrimination against married
women cannot be adopted by the employer as a
general principle. (PT&T Co. vs. NLRC, G.R. No.
118978, May 23, 1997)
Towards this end, the State shall exert efforts
to address violence committed against women and
children in keeping with the fundamental freedoms
guaranteed under the Constitution and the
provisions of the Universal Declaration of Human
Rights, the Convention on the Elimination of All
Forms of Discrimination Against Women,
Convention on the Rights of the Child and other
international human rights instruments of which
the Philippines is a party. (Garcia v. Drilon, 699
SCRA 352 (2013), )
(14) Right to Health – Sec. 15, Article II
(15) Right to a Balanced and Healthful Ecology –
Sec. 16, Article II
The minors who filed an action for themselves as
representing “their generation as well as
generations yet unborn,” had a valid cause of
action in questioning the grant of Timber
Licensing Agreements (TLAs) for commercial
logging purposes on the ground of the right to a
balanced and healthful ecology and the correlative
duty to refrain from impairing the environment.
This is based on the concept of intergenerational
responsibility.
Such a right considers the “rhythm and harmony
of nature” which indispensably include, inter alia,
the judicious disposition, utilization,
management, renewal and conservation of the
country’s forest, mineral, land, waters, fisheries,
wildlife, offshore areas and other natural
resources to the end that their exploration,
development, and utilization be equitably
accessible to the present as well as the future
generations. (Oposa vs. Factoran, Jr., 224 SCRA
792).
Sections 15 and 16, however, impose on the
state a positive duty to "promote and protect" the
right to health and to "promote and advance" the
right of "the people to a balanced and healthful
ecology." With respect to health and ecology,
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POLITICAL LAW
therefore, the state is constitutionally mandated to
provide affirmative protection. The mandate is in
the nature of an active duty rather than a passive
prohibition. (International Service for the
Acquisition of Agri-Biotech Applications, Inc. v.
Greenpeace Philippines etc. al., G.R. Nos. 209271
etc., December 8, 2015,)
Precautionary Principle
When there is a lack of full scientific certainty in establishing
a causal link between human activity and environmental
effect, the court shall apply the precautionary principle in
resolving the case before it.
For purposes of evidence, the precautionary principle should
be treated as a principle of last resort, where application of the
regular Rules of Evidence would cause in an inequitable
result for the environmental plaintiff:
a. settings in which the risks of harm are uncertain;
b. settings in which harm might be irreversible and
what is lost is irreplaceable; and
c. settings in which the harm that might result would
be serious.
 When features of uncertainty, possibility of
irreversible harm, and possibility of serious
harm coincide, the case for the precautionary
principle is strongest. When in doubt, cases
must be resolved in favor of the constitutional
right to a balanced and healthful ecology.
Parenthetically, judicial adjudication is one of
the strongest fora in which the precautionary
principle may find applicability (International
Service for the Acquisition of Agri-biotech
Applications, INC., v. Greenpeace Philippines
et al., G.R. No 209271 (2015))
 The constitutional right of the people to a
balanced and healthful ecology shall be given
the benefit of the doubt.
(16) Sec. 17, Article II
While the SC has upheld the constitutional
right of every citizen to select a profession or course
of study subject to fair, reasonable, and equitable
admission and academic requirements, the exercise
of this right may be regulated pursuant to the police
power of the State to safeguard health, morals,
peace, education, order, safety and general welfare.
Thus, persons who desire to engage in the
learned professions requiring scientific or
technical knowledge may be required to take an
examination as a prerequisite to engaging in their
chosen careers. This regulation assumes particular
pertinence in the field of medicine, in order to
protect the public from the potentially deadly
effects of incompetence and ignorance. (PRC vs. De
Guzman, G.R. No. 144681, June 21, 2004)
(17) Sec. 19, Article II
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the SC held that the Magna Carta for
Disabled Persons mandates that qualified
disabled persons be granted the same terms and
conditions of employment as qualified able- bodied
employees; thus, once they have attained the status
of regular workers, they should be accorded all the
benefits granted by law, notwithstanding writer or
verbal contracts to the contrary. This treatment is
rooted not merely in charity or accommodation, but
in justice for all. (Bernardo vs. NLRC, G.R. No.
122917, July 12, 1999,)
(18) Sec. 19, Article II
, Where the issue is on the signing of the
Philippines on the WTO agreement, SC held that
the Constitution does not necessarily rule out the
entry of foreign investments, goods and services.
It contemplates neither “economic seclusion” nor
“mendicancy in the international community”.
(Tanada vs. Angara, 272 SCRA 18)
 Aside from envisioning a trade policy based
on “equality and reciprocity”, the
fundamental law encourages industries that
are “competitive in both domestic and
foreign markets,” thereby demonstrating a
clear policy against a sheltered domestic
trade environment, but one in favor of the
gradual development of robust industries that
can compete with the best in the foreign
markets.
(19) Sec. 25, Article II
Even as we recognize that the Constitution
guarantees autonomy to LGUs, the exercise of local
autonomy remains subject to the power of
control by Congress and the power of general
supervision by the President. xxx The President can
only interfere in the affairs and activities of a LGU
if he finds that the latter had acted contrary to law,
but not when the concerned LGU acts within the
parameters of the law and the Constitution. Any
directive, therefore, by the President or any of his
alter egos seeking to alter the wisdom of a law-
conforming judgment on local affairs of a LGU is a
patent nullity, because it violates the principle of
local autonomy, as well as the doctrine of
separation of powers of the executive and
legislative departments in governing municipal
corporations. (Judge Dadole vs. COA, G.R. No.
125350, December 3, 2002,)
(20) Sec. 26, Article II
The SC said that this provision does not
bestow a right to seek the Presidency; it does not
contain a judicially enforceable constitutional right
and merely specifies a guideline for legislative
action. The provision is not intended to compel the
State to enact positive measures that would
accommodate as many as possible into public
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POLITICAL LAW
office. The privilege may be subjected to
limitations. One such valid limitation is the
provision of the Omnibus Election Code on
nuisance candidates. (Pamatong vs. COMELEC,
G.R. No. 161872, April 13, 2004,)
D. SEPARATION OF POWERS
Doctrine of Separation of Powers
In essence, separation of powers means the legislation
belongs to Congress, execution to the executive, settlement of
legal controversies to the judiciary. Each is prevented from
invading the domain of the others. But the separation is not
total. The system allows for “checks and balances” the net
effect of which being that, in general, no one department is
able to act without the cooperation of at least one of the other
departments.
 This principle operated as an implicit limitation
on legislative powers as on the two other
powers.
Purpose
To prevent concentration of powers in one department and
thereby to avoid tyranny. The purpose was not to avoid
friction, but to save the people from autocracy.
(1) To secure action
(2) To forestall overaction
(3) To prevent despotism
(4) To obtain efficiency
 Post-enactment measures which govern the
areas of project identification, fund release and
fund realignment are not related to functions of
congressional oversight and, hence, allow
legislators to intervene and/or assume duties
that properly belong to the sphere of budget
execution. By virtue of the foregoing, legislators
have been, in one form or another, authorized
to participate in the various operational aspects
of budgeting, including evaluation of work and
financial plans for individual activities and
regulation and release of funds, in violation of
the separation of powers principle. (Belgica v.
Ochoa, G.R. Nos. 208566 etc. (2013))
Principle of Blending of Powers
Instances when powers are not confined exclusively within
one department but are assigned to or shared by several
departments. (Philippine Political Law, Cruz)
E. CHECKS AND BALANCES
This allows one department to resist encroachments upon its
prerogative or to rectify mistakes or excesses committed by
the other departments.
(1). Power of the President to veto any particular item in an
appropriation or tariff bill. (Article VI, Sec. 27 (2))
(2). Power of the president to grant reprieves, commutations,
pardons, and remit fines except in impeachment cases. (Article
VII, Sec. 19).
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CONSTITUTIONAL LAW 2
(3). Power of the Judiciary to resolve cases involving the
constitutionality of a treaty, international or executive
agreement or law. (Article VIII, Sec. 4 (2))
Test in determining whether a given power has been validly
exercised by a particular department:
The first and safest criterion to determine whether a given
power has been validly exercised by a particular
department is whether or not the power has been
constitutionally conferred upon the department claiming its
exercise—since the conferment is usually done expressly.
Exception: Even in the absence of express conferment,
the exercise of the power may be justified under the
doctrine of necessary implication. The grant of express
power carried with it all other powers that may be
reasonably inferred from it.
Congressional oversight is not per se violative, but is integral,
to separation of powers. However, for a post-enactment
congressional measure to be valid, it must be limited to:
1. Scrutiny – Congress’ power of appropriation,
i.e. budget hearings, and power of confirmation
2. Investigation and monitoring of
implementation of laws- using its power to
conduct inquiries in aid of legislation (Abakada v.
Purisima, G.R. No. 166715, August 14, 2008)
Section 8(2) of RA No. 6770 is unconstitutional because
it subjects the Deputy Ombudsman to discipline and
removal by the President. Such a law intrudes upon the
constitutionally-granted independence of the Office of the
Ombudsman.. By so doing, the law directly collided not only
with the independence that the Constitution guarantees to
the Office of the Ombudsman, but inevitably with the
principle of checks and balances that the creation of an
Ombudsman office seeks to revitalize. (Gonzales III v. Office
of the President (2014))
The Court deems it a sound judicial policy not to
interfere in the conduct of preliminary investigations, and to
allow the Executive Department, through the Department of
Justice, exclusively to determine what constitutes sufficient
evidence to establish probable cause for the prosecution of
supposed offenders
Exception: Judicial review may be allowed where it is
clearly established that the public prosecutor committed
grave abuse of discretion, that is, when he has exercised
his discretion “in an arbitrary, capricious, whimsical or
despotic manner by reason of passion or personal
hostility, patent and gross enough as to amount to an
evasion of a positive duty or virtual refusal to perform a
duty enjoined by law. (Ampatuan, Jr. v. De Lima 695
SCRA 159, (2013))
Justiciable question
Implies a given right, legally demandable and enforceable, an
act or omission violative of such right, and a remedy granted
and sanctioned by law for said breach of right. (Casibang vs.
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POLITICAL LAW CONSTITUTIONAL LAW 2

Aquino, 92 SCRA 642) whether pertaining to:

a. The autonomous regions,
b. The provincial city, municipal or barangay
F. DELEGATION OF POWERS subdivisions, or
Principle: Delegata potestas non potest delegari- What has been c. Other forms of local government. (Sec. 2(1), Book I,
delegated can no longer be delegated Revised Administrative Code)

GR: Only Congress may exercise legislative Power ii. As to control

A. De Jure - An organized government of a
Exceptions: (CRUZ p. 162) state that has the general support of the
(1). Delegated legislative power to local governments: people.
Local governments, as an immemorial practice, may
be allowed to legislate on purely local matters (Rubi
B. De Facto - Government of fact, that is, it
vs. Provincial Board, 1919))
actually exercises power or control without
(2). Delegated emergency powers of the President
legal title (Co Kim Cham v. Valdes, (1945))
during a State of War or Emergency(Art. VI, Sec.
23(2)) (N.B. The Power of Declaration of State of
(1) De Facto Proper- The government that gets
Emergency belongs to the congress, (Nachura p.77)
possession and control of, or usurps, by force
(3). Delegated taxing powers of the President (Art. VI,
or by the voice of the majority, the rightful
Sec. 28(2))
legal government and maintains itself against
(4). Subordinate legislation of administrative agencies
the will of the latter.
(2) Independent Government - That established
Two tests of valid delegation:
as an independent government by the
(1) Completeness test - The law sets forth
inhabitants of a country who rise in
the policy to be executed, carried out or
insurrection against the parent state.
implemented by the delegate (Abakada
(3) That which is established and maintained by
Guro Party List vs. Purisima, 2008), such
military forces who invade and occupy a
that there is nothing left for the delegate
territory of the enemy in the course of war, and
to do but to enforce the law (Pelaez vs
which is denominated as a government of
Auditor General, 1965).
paramount force. e.g. Second Republic
established by the Japanese belligerent
(2) Sufficient Standard Test - The standard
is sufficient if it defines legislative policy,
iii. As to Centralization
marks its limits, maps out its boundaries
A. Unitary – One in which the control of the
and specifies the public agency to apply
national and local affairs is exercised by the
it. It indicates the circumstances under
national and local government
which the legislative command is to be
effected (Edu vs Ericta, 1970).
B. Federal - One in which the powers of the
government are divided between two sets of
organs, one for national affairs and one for
(5). Power reserved to people for initiative and
local affairs
referendum (Art. VI, Sec. 1)
iv. As to Concentration of Powers
How law-making power is delegated: suppletory rule-
making (filling in details to ensure enforcement of the law)
A. Presidential- There is separation of powers in
the executive and legislative branches of the
and contingent rule-making (ascertaining the facts to bring
government.
the law into operation
B. Parliamentary- There is a fusion of executive
and legislative powers in the Parliament,
G. FORMS OF GOVERNMENT although the actual exercise of the executive
powers is vested on the Prime Minister.
i. Definitions
(Bernas)
Government
Institution or aggregate of institutions by which an
independent society makes and carries out those rules of LEGISLATIVE DEPARTMENT
action which are necessary to enable men to live in a social
state or which are imposed upon the people forming that
society by those who possess the power or authority of A. WHO MAY EXERCISE LEGISLATIVE
prescribing them. (United States v. Darr (1903)) POWER
(1) Congress
Government of the Philippines Legislative power is vested in the Congress which
The corporate governmental entity through which the shall consist of a Senate and a House of
functions of government are exercised throughout the Representatives.
Philippines, including the various arms through which
political authority is made effective in the Philippines,

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 Congress may delegate legislative powers to
the President in times of war or in other
national emergency (Art. VI Sec. 23)
(2) Regional/Local Legislative Power
A regional assembly exists for the ARMM
(2) Statutes involving emergency measures, the
enactment of which is specifically vested in
Congress by the Constitution, cannot be subject to
referendum until 90 days after effectivity (Sec. 10,
RA 6735)

(3) People’s Initiative on Statutes

The power of initiative and referendum is the
power of the people to “propose and enact laws or
approve or reject any act or law or part thereof B. HOUSES OF CONGRESS
passed by the Congress or local legislative body.”
(Art. VI, Sec. 32)
i. Composition
 The provision is not self-executing. (Santiago v.
COMELEC, 270 SCRA 106(1997)) Senate House of Representatives
- Executing Law: RA 6735 (Art. VI, Secs. 2-4) (Art. VI, Sec. 5-8)
Composition: Twenty- Composition: not more than
 Valid for laws, ordinances, and resolutions, but four, elected at large by two hundred fifty members,
NOT for amendments to the Constitution qualified voters of the unless otherwise provided by
(Santiago, supra) Philippines, as may be law, consisting of:
provided by law.
INITIATIVE a. District Representatives
(1) Local initiative; voter requirements – elected from legislative
Autonomous regions, not less than 2000 registered districts apportioned
voters; 1,000 for provinces; 100 for municipalities; 50 among the provinces,
for barangays. cities and the
Metropolitan Manila
Venue for filing area (Sec. 5(1), Article VI)
Regional Assembly or local legislative body. (Sec. 13, RA
6735) b. Party-List
Representatives –
Limitations constitutes 20% of the
Cannot be exercised more than once a year; extends only total number of
to subjects or matters which are within the legal powers representatives elected
of the local legislative bodies to enact; and if at any time through a party-list
before the initiative is held, the local legislative body system of registered
should adopt in toto the proposition presented, the national, regional and
initiative shall be cancelled (supra. Sec 15) sectoral parties or
organization.
Indirect Initiative
The exercise of initiative by the people through a c. Sectoral Representatives
proposition sent to Congress or the local legislative body – ½ of the seat allocated
for action. (Sec. 3b, supra) to party-list
representatives shall be
REFERENDUM filled, as provided by
The power of the electorate to approve or reject legislation law, by selection of
through an election called for that purpose (Sec. 3c, supra) election from the: labor,
peasant, urban poor,
Classes of Referendum indigenous cultural
(1) Referendum on statutes - petition to approve or communities, women,
reject an act or law, or part thereof, passed by youth and other sectors
Congress; provided by law except
(2) Referendum on local laws – legal process religious sector.
whereby the registered voters of the LGUs may
approve, amend, or reject any ordinance enacted by
the Sanggunian (Sec. 126, LGC) ii. Qualifications

Limitations on Referendum
Senate House of Representatives
The following cannot be the subject of an initiative or
Qualifications: Qualifications:
referendum petition:
a. Natural-born a. Natural-born citizen
(1) No petition embracing more than one subject shall
citizen of of the
be submitted to the electorate;
the Philippines; b. Philippines;

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b. At least thirty-five c. At least 25 years of age advantage of the creation of new political districts by
(35) years of age on on the day of the suddenly transplanting themselves in such new districts,
the day of the election; prejudicing their genuine residents in the process of taking
election; d. Able to read and write; advantage of existing conditions in these areas(Aquino v.
c. Able to read and e. Registered voter in the COMELEC
write; district in which he
d. Registered voter; shall be elected except iii. Term of Office; Limitation
e. e. Resident of the party-list
the Philippines representatives; Senate House of
for not less than 2 f. Resident of the district Representatives
years immediately for a period of not less Term of Office: Term of Office:
preceding the day of than 1 year immediately 6 years - shall commence, 3 years – shall
the election. preceding the day of the unless otherwise provided by commence, unless
election law, at noon on the 30th day otherwise provided by
of June next following their law, at noon on the 30th
Additional requirements for election. (Art. VI, Sec. 4) day of June next
party-list representatives: following their election.
Limitations: (Art. VI, Sec. 6)
g. A bona fide member of
the party or Limitations:
a. Term Limit: 2
organization which he
consecutive terms.
seeks to represent for at
Voluntary renunciation a. Term Limit: 3
least ninety (90) days
of the office for any consecutive terms.
preceding the day of the
length of time shall not be b. One who has been
election
considered as an declared by competent
interruption in the authority as insane or
 If Congress cannot require a candidate for senator continuity of his service incompetent
to meet such additional qualification, the for the full term for which
COMELEC, to be sure, is also without such he was elected. (Section 4, c. One who has been
power. (Social Justice Society v. Dangerous Drugs Article VI) sentenced by final
Board, G.R. No. 157870) judgment for:
b. b. One who has Subversion, Insurrection,
 Repatriation results in the recovery of the original Rebellion, Any offense
been declared by
nationality. This means that a naturalized Filipino for which he has been
competent
who lost his citizenship will be restored to his prior sentenced to a penalty of
authority as insane
status as a naturalized Filipino citizen. On the other not more than 18
or incompetent
hand, if he was originally a natural-born citizen months; or A crime
before he lost his Philippine citizenship, he will be involving moral
c. c. One who has
restored to his former status as a natural-born turpitude, unless given
been sentenced by
Filipino. (Bengzon III v. HRET (2001)) plenary pardon or
final judgment for:
Subversion, granted amnesty
The term "residence" as used in the election law is (Section 12, BP 881—
Insurrection,
synonymous with "domicile" which imports not only Omnibus Election Code)
Rebellion, Any
intention to reside in a fixed place but also personal
offense for which
presence in that place, coupled with conduct indicative of
he has been
such intention (Nuval vs. Guray, 52 Phil., 645).
sentenced to a
penalty of not more
In order to acquire a domicile by choice, there must concur
than 18 months; or
(1) residence or bodily presence in the new locality, (2) an
A crime involving
intention to remain there, and (3) an intention to abandon
moral turpitude,
the old domicile. In other words, there must be an animus
unless given
non revertendi and an animus manendi. The purpose to
plenary pardon or
remain in or at the domicile of choice must be for an
granted amnesty
indefinite period of time. (Gallego v. Verra, 1941)
(Section 12, BP
881— Omnibus
Finally, petitioner's submission that it would be legally
Election Code)
impossible to impose the one year residency requirement in
a newly created political district is specious and lacks basis
in logic. A new political district is not created out of thin air.
It is carved out from part of a real and existing geographic
iv. Removal
area, in this case the old Municipality of Makati. That
people actually lived or were domiciled in the area
encompassed by the new Second District cannot be denied. Senate House of Representatives
Modern-day carpetbaggers cannot be allowed take

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EXPULSION by the EXPULSION by the House
Senate with the with the concurrence of two-
concurrence of two-thirds thirds (2/3) of all its
(2/3) of all its members members (Sec. 16, par. 3, Art.
(Section 16, par. 3, Article VI)
VI)
a. Apportionment
Rules on Apportionment of Legislative Districts
(1) Apportionment of legislative districts must be
through a law:
i. General Appropriation Law;
ii. Special Laws (i.e. laws that create new
provinces)
(2) Proportional representation based on number of
inhabitants
i. Each city with a population of at least
250,000 shall have at least 1
representative
ii. Each province, irrespective of the
number of inhabitants, shall have at
least 1 representative
(3) Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent
territory.
(4) Re-apportionment by Congress within 3 years after
the return of each census
 The use by the subject provision of a comma to
separate the phrase "each city with a population of
at least two hundred fifty thousand" from the
phrase "or each province" point to no other
conclusion than that the 250,000 minimum
population is only required for a city, but not for a
province. (Aquino III and Robredo v. COMELEC)
 For Congress to delegate validly the power to
create a province or city, it must also validly
delegate at the same time the power to create a
legislative district. The threshold issue then is, can
Congress validly delegate to the ARMM Regional
Assembly the power to create legislative districts
for the House of Representatives? The answer is in
the negative. (Sema v. COMELEC)
Legislative apportionment is defined by Black's Law
Dictionary as the determination of the number of
representatives which a State, county or other subdivision
may send to a legislative body. It is the allocation of seats in a
legislative body in proportion to the population; the drawing
of voting district lines so as to equalize population and voting
power among the districts. Reapportionment, on the other
hand, is the realignment or change in legislative districts
brought about by changes in population and mandated by the
constitutional requirement of equality of representation.
(Bagabuyo v. COMELEC)
Gerrymandering
The formation of a legislative district out of separate
territories so as to favor a particular candidate or party
(Bernas, pg. 625)
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b. Party-list system (R.A. 7941)
Party-list
Registered, regional and sectoral parties or organizations
aims to democratize political power by encouraging growth
of a multi-party system while at the same time giving power
to those who traditionally do not win in the elections.
Atong Paglaum Guidelines:
1. Three different groups may participate in the party-list
system: (1) national parties or organizations, (2) regional
parties or organizations, and (3) sectoral parties or
organizations.
2. National parties or organizations and regional parties or
organizations do not need to organize along sectoral lines and
do not need to represent any “marginalized and
underrepresented” sector.
3. Political parties can participate in party-list elections
provided:
(a) they register under the party-list system, and
(b) do not field candidates in legislative district
elections.
i. A political party, whether major or not, that
fields candidates in legislative district elections
can participate in partylist elections only
through its sectoral wing
ii. The sectoral wing is by itself an independent
sectoral party, and is linked to a political party
through a coalition.
4. Purely Sectoral parties or organizations may either be (a)
“marginalized and underrepresented” or (b) lacking in “well-
defined political constituencies.”
5. A majority of the members of sectoral parties or
organizations” must (a) belong to the “marginalized and
underrepresented” sector they represent, or (b) must have a
track record of advocacy for their respective sectors. The
nominees of national and regional parties or organizations
must be bona-fide members of such parties or organizations.
6. National, regional, and sectoral parties or organizations
shall not be disqualified if some of their nominees are
disqualified, provided that they have at least one nominee who
remains qualified.
Rationale: “The framers intended the sectoral parties to
constitute a part, but not the entirety, of the party-list
system… In fact, the framers voted down , 19-22, a proposal
to reserve the party-list system exclusively to sectoral
parties.”
“There can be no doubt whatsoever that the framers of the
1987 Constitution expressly rejected the proposal to make the
party-list system exclusively for sectoral parties only, and
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POLITICAL LAW
that they clearly intended the party-list system to include both
sectoral and non-sectoral parties,” (G.R. No. 203766, April 3,
2013)
Disqualified Parties:
(1) Religious Sects
(2) Foreign Organizations
(3) Advocating Violence or Unlawful Means
(4) Receiving support from any foreign government,
foreign political party, foundation, organization,
whether directly or through any of its officers or
members or indirectly through third parties for
partisan election purposes
(5) Violates or fails to comply with laws, rules, or
regulations relating to elections
(6) Declares untruthful statements in its petition
(7) Ceased to exist for at least 1 year; or
(8) Fails to participate in the last two preceding
elections or fails to obtain at least 2 per centum of
the votes cast under the party-list system in the two
preceding elections for the constituency in which it
has registered
Parameters of the party-list system
(1) 20% allocation: 20% of the total number of the
membership of the House is the maximum number
of seats available to party-list organizations
(2) 2% threshold: To guarantee a one seat, a party-list
organization needs to garner 2% of the total votes
cast.
(3) Additional Seats: The additional seats, which
refers to the remaining seats after the allocation of
the guaranteed seats, shall be distributed to the
party-list organizations including those that
received less than two percent of the total votes
Rationale: The continued operation of the 2%
thresholds is unconstitutional because this
mathematically and physically prevents the filling
up of the available seats
(4) 3-Seat Cap: Intended to prevent any party from
dominating the party-list system. The Constitution
does not require absolute proportionality for the
party-list system.
C. LEGISLATIVE PRIVILEGES,
INHIBITIONS, AND DISQUALIFICATIONS
i. Salaries
1 People v. Jalosjos, G.R. No. 132875, Feb 3, 2000
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CONSTITUTIONAL LAW 2
Section 10, Article VI—The salaries of Senators and Members
of the House of Representatives shall be determined by law.
No increase in said compensation shall take effect until after
the expiration of the full term of all the Members of the Senate
and the House of Representatives approving such increase.
ii. Privileges (Sec. 11, Art. VI)
Freedom from Arrest.
Reinforced by Art. 145, Revised Penal Code. When a
crime committed by a member is punishable of not
more than six years imprisonment, representative may
be privileged from arrest while the Congress is in
regular session.1
iii. Parliamentary Privilege of Speech
No member shall be questioned nor be held liable in any other
place for any speech or debate in the Congress or any
committee thereof.
 Protection is only against forums other than
the Congress, it does not protect the
assemblyman against disciplinary authority
of Congress.
 It is an absolute protection against suits for
Libel.
 This refers to utterances made by
Congressmen in the performance of their
official functions, such as speeches delivered,
statements made, or votes cast in the halls of
Congress, while the same is in session, as well
as bills introduced in Congress, whether the
same is in session or not, and other acts
performed by Congressmen, either in
Congress or outside the premises housing its
offices, in the official discharge of their duties
as members of Congress and of Congressional
Committees duly authorized to perform its
functions as such, at the time of the
performance of the acts in question (Jimenez v.
Cabangbang (1966))
iv. Disqualifications (Sec. 13, Art. VI)
a. Incompatible Office (Art. VI, Sec. 13)
No Senator or member of the House of
Representatives may hold any other office or
employment in the Government, or any
subdivision, agency, or instrumentality thereof,
including government-owned or controlled
corporations or their subsidiaries, during his term
without forfeiting his seat.
 Purpose is to prevent him from owing
loyalty to another branch of the government,
to the detriment of the independence of the
legislature and the doctrine of separation of
powers.
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POLITICAL LAW
 Prohibition is not absolute, what is not
allowed is the simultaneous holding of that
office and the seat in the Congress. A
legislator may hold another office or
employment in the government provided he
forfeits his position in the Congress.
 Forfeiture of the legislator’s seat, or
cessation of his tenure, shall be automatic
upon holding of the incompatible office.
(Adaza v. Pacana, G.R. No. L-68159)
b. Forbidden Office (Art. VI, Sec. 13)
No Senator or member of the House of
Representatives shall be appointed to any office,
which may have been created, or the emoluments
thereof increased during the term for which he
was elected.
 Even if the member of the Congress is
willing to forfeit his seat therein, he may not
be appointed to any office in the
government that has been created or the
emoluments thereof have been increased
during his term. However, after such term,
and even if the legislator is reelected, the
disqualification no longer applies and he
may therefore be appointed to the office.
 b. Grant of Tax exemptions (majority)
 Purpose is to prevent trafficking in public
office.
 Provision does not apply to elective offices.
v. Other Inhibitions
c. Conflict of Interest
All members of the Senate and the HOR shall,
upon assumption of office, make a full disclosure
of their financial and business interests. They shall
notify the House concerned of a potential conflict
of interest that may arise from the filing of a
proposed legislation of which they are author.
(Art. VI, Sec. 12)
 Cannot appear as counsel before any
court or before the Electoral Tribunals,
quasi-judicial or other administrative
bodies (see Cruz p. 237)
 Shall not, directly or indirectly, be
financially interested in any contract
with, franchise or special privilege
granted by the government (see De
Leon p. 250)
 Shall not intervene in any matter before
any office in government for his
pecuniary benefit or where he may be
called upon to act on account of his office.
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CONSTITUTIONAL LAW 2
D. QUORUM AND VOTING MAJORITIES
i. Quorum
Majority of each House shall constitute a quorum, although a
smaller number may adjourn from day to day and may
compel the attendance of absent members. In computing a
quorum, only those within the House’s coercive jurisdiction
are included.
“Majority” refers to the number of members within the
jurisdiction of the Congress. There is a difference between a
majority of “all the members of the House” and a majority of
“the House” (Avelino v. Cuenco (1949))
ii. Voting Majorities
Doctrine of Shifting Majority
For each House of Congress to pass a bill, only the votes of the
majority of those present in the session, there being a quorum,
is required.
Exceptions:
(1) Votes where requirement is based on “ALL THE
MEMBERS OF CONGRESS”
a. Overriding Presidential Veto (2/3 of both
Houses, voting separately)
c. Electing President in case of a tie (majority,
voting separately)
d. Confirming appointment of VP (majority,
voting separately)
e. Revoking or extending Martial Law or the
suspension of the writ of habeas corpus
(majority, voting jointly)
f. Submitting question calling a Constitutional
Convention to the electorate (majority)
g. Call for Constitutional Convention (2/3 vote)
h. Propose Amendments to the Constitution
(3/4 vote)
(2) Other Special Cases
a. Determining President’s disability (2/3 of
both Houses, voting separately)
b. Declaring a State of War (2/3 of both Houses,
voting separately)
E. DISCIPLINE OF MEMBERS
Each house may punish its members for disorderly
behavior and, with concurrence of 2/3 of all its members,
suspend (for not more than 60 days) or expel a member.
The interpretation of disorderly behavior - prerogative of the
House concerned and cannot be judicially reviewed. (Sec.
16(3), Art. VI)
 , The determination of the acts which constitutes
disorderly behavior is within the full discretionary
authority of the House concerned (Osmeña vs.
Pendatun, 109 Phil 863)
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POLITICAL LAW CONSTITUTIONAL LAW 2

 The suspension contemplated in the Constitution is Ad-interim appointments

different from the suspension prescribed in the
Anti-Graft and Corrupt Practices Act (RA 3019).
The former is punitive in nature, while the latter is
preventive. (Defensor-Santiago v.
Sandiganbayan, G.R. No. 118364, August 10,
1995,)
Appointments extended while Congress is not in
session, shall only be effective until:
a. disapproval by the CA; or
b. next adjournment of Congress.
ELECTORAL TRIBUNALS

Senate House of Representatives

F. COMMISSION ON APPOINTMENTS AND Nature
ELECTORAL TRIBUNALS Senate Electoral Tribunal House of Representative
(SET) Electoral Tribunal (HRET)
 Composed of  composed of nine
COMMISSION ON APPOINTMENTS three (3) Supreme (9) members: 3
Court Justices Supreme Court
i. Composition and six (6) Justices and six (6)
a. Senate President as Ex Officio Chairman Senators members of the
b. 12 Senators  to act as sole Congress (Section
c. 12 Congressmen judge of all 17, Art. VI)
 Election is based on proportional representation contest relating
from the political parties and party-list to election
representatives returns and
qualifications of
 It is NOT mandatory to elect 12 Senators to the their respective
Commission before it can discharge its functions. members.
What the Constitution requires is at least a majority Composition Rules
of the membership (Guingona v. Gonzales (1992))  The Electoral  Members chosen
 Acts as a Legislative check on the appointing Tribunals shall be enjoy security of
authority of the President constituted within tenure and cannot
 The CA shall be constituted within 30 days after the 30 days after the be removed by
Senate and the House of Representatives shall have Senate and the mere change of
been organized with the election of the President House shall have party affiliation.
and the Speaker been organized (Bondoc v. Pineda,
 The CA shall act on appointments within 30 session with the election of 201 SCRA 793)
days from their submission to Congress the President and
 The power to approve or disapprove appointments the Speaker
is conferred on the CA as a body and not on the
individual members. (Pacete v. Secretary (1971)) Selection
The Constitution explicitly confers on the Senate and on
Meetings the House the authority to elect among their members
1. CA shall meet only while Congress is in those who would fill the 12 seats for Senators and 12 seats
session. for House members in the Commission on Appointments.
2. Meetings are held either at the call of the Under Section 17, Article VI of the Constitution, each
Chairman, or by a majority of all its members chamber of Congress exercises the power to choose, within
constitutionally defined limits, who among their members
would occupy the allotted 6 seats of each chambers
Jurisdiction respective electoral tribunal. (Pimentel v. HRET)
CA shall confirm the appointments by the
President with respect to the following positions: Jurisdiction
a. Heads of Executive Departments
Sole judge of all contests relating to the election, returns,
Exception: Vice President
and qualifications of their respective members.
b. Ambassadors, other public ministers or
consuls; Since party-list nominees are elected members of the
c. Officers of the AFP from the rank of Colonel
House of Representatives no less than the district
or Naval Captain
representatives are, the HRET has jurisdiction to hear and
d. Other officers whose appointments are vested
pass upon their qualifications.
in him by the Constitution (e.g. members of
the constitutional commissions)
Acquisition of Jurisdiction
Congress cannot require that the appointment of a
(1) There is an election contest
person to an office created shall be subject to CA
(2) Only after the proclamation of the Candidate
confirmation.

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POLITICAL LAW CONSTITUTIONAL LAW 2

In the absence of election contest, and before Senga, G.R. No. 170165)
proclamation, jurisdiction remains with  People are merely called as resource persons
COMELEC. (Lazatin v. COMELEC (1988)) and cannot be criminally liable

NOTE: Ongsiako-Reyes v. COMELEC (G.R. No.

It must be in accordance with duly published rules
207264, June 25, 2013) The Electoral Tribunal
and procedure of the House concerned
acquires jurisdiction only after (1) a petition is filed
before it, and (2) a candidate is already considered a  Intended to satisfy basic requirement for due
member of the house. To be considered a member, in process
turn, there must be a concurrence of the following:  Publication is constitutionally mandated
(1) a valid proclamation; (2) a proper oath (a) before whether or not the rules have undergone any
the Speaker and (b) in open session; and (3) amendments or revisions (Garcillano v. House
assumption of office. of Representatives, G.R. No. 170338)

Once a proclamation has been made, COMELEC’s The right of persons appearing in or affected by
jurisdiction is already lost and HRET’s own such inquiries shall be respected.
jurisdiction begins. This only applies in the context
of a candidate who has not only been proclaimed and
Remedy: invoke the Right against Self Incrimination
sworn in, but has also assumed office.
QUESTION HOUR
Independence
To be able to exercise exclusive jurisdiction, the House
Electoral Tribunal must be independent. Its jurisdiction to Section 21 Section 22 (Question
hear and decide congressional election contests is not to be (Legislative Hour)
shared by it with the Legislature nor with the courts. (Bondoc Investigation)
v. Pineda) 1. Any Person may 1. Only department
appear heads may appear
G. POWERS OF CONGRESS 2. Committee 2. The entire body will
conducts the conduct the
i. LEGISLATIVE POWERS investigation investigation
3. The subject matter 3. Subject matters are
a. LEGISLATIVE INQUIRIES AND THE is any matter for the matters related to the
OVERSIGHT FUNCTION purpose of legislation department only
4. Appearance is 4. Appearance is
mandatory discretionary
Power to conduct inquiries in aid of
legislation/ Investigatory Power - not
absolute; subject to judicial review in view of
c. BICAMERAL CONFERENCE COMMITTEE
the expanded power of the court to determine
whether there has been grave abuse of
Bills are passed:
discretion amounting to lack or excess of
(1) Jointly- in a joint session; required by the
jurisdiction.
Constitution in special cases
(2) Separately- each house takes up the bill on
b. LIMITATIONS
their own

The inquiry must be in aid of legislation BICAMERAL CONFERENCE COMMITTEE

 Department heads (alter ego of the president),
chairmen and members of PCGG are not
exempt from summons; only the President and
the Supreme Court Justices are so exempt
 Should be related to re-examination of any law
connected to proposed law or for future
legislation
 Department heads may appear with
permission from the President in deference to
separation of powers
 Close advisers to the President may be
prevented by the President from appearing by
virtue of the Presidential Communications
Privilege (Neri v. Senate Blue Ribbon
Committee, G.R. No. 180643)
 Military officers may be prevented by the
President in the exercise of his or her
Commander-In-Chief powers (Gudani v.
The mechanism for compromising differences between
the Senate and the House—capable of producing
unexpected results—bill will have to be sent back to both
houses and subject to voting
ENROLLED BILL DOCTRINE
It is one duly introduced and finally passed by both
houses, authenticated by the proper officer of each, and
approved by the President. It is conclusive upon the
courts as regards the tenor of the measure passed by
Congress and approved by the President.
Once the bill becomes an enrolled bill, it is conclusive
upon the court of its due enactment. Courts may no
longer validly inquire into the bill because of the
doctrine of separation of powers.

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d. LIMITATIONS ON LEGISLATIVE POWER

FORMAL OR PROCEDURAL LIMITATIONS

(1) One-subject, One-Title Rule

Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the
title.

(N.B. This is to eliminate rider clauses: those not

embraced within the title)

(2) No bill passed by either house shall become law

unless it has passed three readings on separate days

On the first reading, the title and the bill number

are read.

On the second reading, periods of sponsorship,

debates, amendments, and voting on the
amendments, take place.

On the third reading, the title and the bill number

are the only things read and voting on the entirety
of the bill takes place.

(3) Printed copies in its final form must have been

distributed to its members 3 days before the
passage of the bill.
Exception: President certifies to the necessity
of its immediate enactment to meet a public
calamity or emergency.

(4) All appropriation, revenue or tariff bills, bills

authorizing increase of the public debt, bills of local
application, and private bills, shall originate
exclusively in the House of Representatives, but the
Senate may propose or concur with amendments

Presidential certification dispenses with the (1) printing

requirement; and (2) requiring the submission of the
proposed bill to three readings on separate days

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POLITICAL LAW CONSTITUTIONAL LAW 2

A bill is proposed and signed by

the author and filed before either
house

First Reading – the number and

title of the bill is read

Bill is transmitted to
the other house and
Referred to the appropriate
undergoes through 3
committee for study
readings

Second Reading – Bill is subjected

to debates and discussion

Third Reading – subjected to a final

vote

Bicameral Conference

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POLITICAL LAW CONSTITUTIONAL LAW 2

Transmitted to the President for

signature

The president signs the bill or

President vetoes the bill approves it by inaction

Bill does not become law

Congress repass the bill by a vote of

2/3 with both Houses voting
seperately

Bill becomes a law

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POLITICAL LAW CONSTITUTIONAL LAW 2

from savings in other items of their respective

appropriations
a. President
b. Senate President
SUBSTANTIVE LIMITATIONS c. Speaker of the House
d. Chief Justice
EXPRESS LIMITATIONS e. Chairs of Constitutional Commissions

(1) Exercise of general powers of the state- Bill of FOR SPECIAL APPROPRIATION BILLS
Rights
(2) Limitations on the power of taxation (1) Shall specify the purpose for which it is intended
(3) Requisites to pass an appropriation bill (2) Shall be supported by funds
(4) Limitation on the appellate jurisdiction of the SC a. Actually available as certified by the
(5) No law granting title of royalty or nobility shall be National Treasurer; or
passed b. To be raised by corresponding revenue
proposal therein
LIMITATIONS ON REVENUE, APPROPRIATIONS,
AND TARIFF MEASURES LIMITATIONS ON THE USE OF PUBLIC FUND

i. APPROPRIATIONS (1) No money shall be paid out of the National

Treasury
GENERAL LIMITATIONS Except: In pursuance of an appropriation made
by law.
(1) Appropriations must be for a public purpose (2) However, this rule does not prohibit continuing
(2) The appropriation must be by law appropriations
(3) Cannot appropriate public funds or property, e.g. for debt servicing, for the reason that this
directly or indirectly, in favor of rules does not require yearly or annual
a. Any sect, church, denomination, or appropriation
sectarian institution or system of religion
or ii. TAXATION
b. Any priest, preacher, minister, or other
religious teacher or dignitary as such. LIMITATIONS

Exception: If the religious teacher or dignitary
is assigned to the Armed Forces, any penal
institution, government orphanage or
leprosarium
Note: Government is not prohibited from
appropriating money for a valid secular
purpose, even if it incidentally benefits a
religion
SPECIFIC LIMITATIONS
(1) Congress may not increase the appropriations
recommended by the President for the operation of
the Government specified by the President for the
operation of the Government as specified in the
budget
(2) Form, content and manner of preparation of the
budget shall be prescribed by law.
(3) No provision or enactment shall be embraced in the
general appropriations bill unless it relates
specifically to some particular appropriation
therein.
(4) Procedure in approving appropriations for the
congress shall strictly follow the procedure for
approving appropriations for other departments
and agencies.
(5) No law shall be passed authorizing any transfer of
appropriations.
Exception: the following may, by law, be
authorized to augment any item in the general
appropriations law for their respective offices
(1). Power to tax should be exercised only for a public
purpose.
(2). Taxes to be imposed must be uniform and equitable.
a. Power to tax must operate with the same
force and effect in every place where the
subject of it is found.
b. Classification for the purpose of taxation
is not prohibited per se, but it must
comply with the Test of Valid
Classification
CONSTITUTIONAL TAX EXEMPTIONS
(1) Religious, charitable, educational institutions and
their properties
(2) All revenues and assets of non-stock, non-profit
educational institutions are exempt from taxes and
duties provided that such revenues and assets are
actually, directly and exclusively used for
educational purposes (Art. XIV, Sec. 4(3))
(3) Grants, endowments, donations or contributions
used actually, directly and exclusively for
educational purposes shall be exempt from tax,
subject to conditions prescribed by law (Art. XIV,
Sec. 4(4))
GOVERNMENT BUDGETING PROCESS (Guingona v.
Carague)
(1) Budget Preparation

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POLITICAL LAW
Covers the estimation of government revenues,
the determination of budgetary priorities and
activities within the constraints imposed
by available revenues and by borrowing
limits, and the translation of desired priorities and
activities into expenditure levels.
 Starts with the Budget Call from DBM, where
all agencies are required to submit their
proposals
(2) Budget Legislation
Congress formulates the appropriation act
following the Constitutional processes.
(3) Budget Execution
Covers various operational aspects of budgeting.
The establishment of obligation authority ceilings,
the evaluation of work and financial plans for
individual activities, the continuing review of
government fiscal position, the regulation of funds
releases, the implementation of cash payment
schedules, and other related activities comprise
this phase of the budget cycle.
(4) Budget Accountability
Evaluation of actual performance and initially
approved work targets, obligations incurred,
personnel hired and work accomplished are
compared with the targets set at the time the
agency budgets were approved.
 The existence of appropriations and the
availability of funds are indispensable pre-
requisites to or conditions sine qua non for the
execution of government contracts. The
obvious intent is to impose such conditions as
a priori requisites to the validity of the
proposed contract (COMELEC v. Quijano-
Padilla)
Illegal Acts under the Disbursement Acceleration
Program
 Creation of savings prior to the end of the
fiscal year and withdrawal of these funds
for implementing agencies
 Cross-border transfers of the savings
from one branch of government to
another
 Allotment of funds for projects, activities,
and programs not outlined in the
General Appropriations Act (Araullo v.
Aquino)
iii. PRESIDENTIAL VETO AND CONGRESSIONAL
OVERRIDE
PRESIDENT’S OPTIONS
(1) Sign and the bill becomes a law.
(2) Vetoes the bill, it does not become a law.
 Congress can override by 2/3 votes of all its
Members
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CONSTITUTIONAL LAW 2
(3) Inaction - the bill automatically becomes a law
within 30 days upon receipt of the bill from
Congress.
WHEN POCKET VETO OCCURS
a. The President fails to act on the bill;
b. The reason he does not return the bill to the
Congress is that Congress is not in session.
PRESIDENTIAL VETO
1. General veto of the President
2. Item/Line veto of the President
General rule: Selective/partial veto is
not allowed. The President may not
veto a provision of the bill without
vetoing the whole/entire bill itself.
Exception: Item/Line veto
Item—Refers to the
particulars, the details, the
distinct and severable parts
of the bill. It is an indivisible
sum of money dedicated to a
stated purpose.
Allowed in:
i. Appropriation
ii. Revenue
iii. Tariff Bills
Exceptions to the exception
1.DOCTRINE OF INAPPROPRIATE
PROVISIONS
A provision that is constitutionally inappropriate
for an appropriation bill may be singled out for veto
even if it is not an appropriation or revenue item.
2. EXECUTIVE IMPOUNDMENT
Refusal of the President to spend funds already
allocated by Congress for specific purpose. It is the
failure to spend or obligate budget authority of any
type. This power is derived from Section 38 of the
Administrative Code of 1987 on suspension.
3. LEGISLATIVE VETO
A congressional veto is a means whereby the
legislature can block or modify administrative
action taken under a statute. It is a form of
legislative control in the implementation of
particular executive action. The form may either be:
a. Negative - subjecting the executive action to
disapproval by Congress; or b. Affirmative -
requiring approval of the executive action by
Congress
ii. NON-LEGISLATIVE POWERS
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POLITICAL LAW CONSTITUTIONAL LAW 2

 Confirm certain appointments;

1. INFORMING FUNCTION
Conduct of Legislative Inquiries is
intended to benefit not only Congress
but citizenry who are equally concerned
with the proceedings (Sabio v. Gordon
(2006))
2. IMPEACHMENT POWER
 Decide the disability of President because
majority of the Cabinet disputes his assertion that
he is able to discharge his duties;
 Revoke or extend proclamation of suspension of
privilege of writ of habeas corpus or declaration of
martial law;
 Set the rules regarding the utilization of natural
resources.

Filing by (a) any member of the HOR or

(b) any citizen upon endorsement by a
member of the HOR; followed by
referral to the proper HOR Committee EXECUTIVE DEPARTMENT
a. Committee Report by the HOR
Committee on Justice, which either
favourably or unfavourably
resolves the complaint A. Privileges, Inhibitions, Disqualifications
b. 1/3 of all members of the House
votes by resolution to affirm or
overridde, if unfavourable
3. VERIFIED COMPLAINT OR
RESOLUTION 1. Qualifications and Disqualifications
Filed by 1/3 of all the members of the PRESIDENT VICE PRESIDENT
HOR. Thereafter, Senate Trial will
proceed QUALIFICATIONS
(1) Natural born citizen;
4. TRIAL (2) Registered voter;
Senate has sole power to try and decide (3) Able to read and write;
all cases of impeachment. (4) At least 40 years of age on the day of election; and
(5) Resident of the Philippines for at least 10 years
o Court power of judicial review immediately preceding the election
extends over justiciable issues
arising from the impeachment
proceedings (Francisco v. House of TERM OF OFFICE: Six (6) years
Representatives (2003))
DISQUALIFICATIONS
o A question whether the Senate (1) Not eligible for any (3) Shall not serve for
Impeachment Rules were followed re-election; more than two (2)
is a political question (Corona v. (2) No person who has consecutive terms
Senate (2012)) succeeded as
President and has
NON-EXCLUSIVITY OF IMPEACHMENT served as such for
PROCEEDINGS TO REMOVE IMPEACHABLE OFFICERS more than 4 years
Quo warranto is now available as an alternative remedy to shall be qualified
remove an impeachable officer. For impeachment for election to the
proceedings, the grounds are impeachable offenses while for same office at any
quo warranto, the basis would be the invalidity of a public time.
officer’s appointment into office. (Republic of the Philippines
v. Sereno, G.R. No. 237428) General Disqualifications
(a) One who has been declared incompetent or
insane by competent authority;
(iii) OTHER NON-LEGISLATIVE POWERS (b) One who has been sentenced by final judgment for:
 Canvass presidential election  Subversion
 Declare the existence of state of war  Insurrection
- The Congress, by a vote of 2/3 of both  Rebellion
houses in joint session assembled, voting  Any offense for which he has been
separately, shall have the sole power to sentenced to a penalty of not more than 18
declare the existence of a state of war months; or any crime involving moral
 Exercise delegation of emergency powers; turpitude,
 Call special election for President and VP; Exception: If given plenary pardon or
 Give concurrence to treaties and amnesties; granted amnesty (Section 12, BP 881—
 Propose constitutional amendments (constituent Omnibus Election Code)
power);

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POLITICAL LAW
CANVASSING BOARD
Congress (Senate and House of Representatives); in case
of tie, Congress by majority vote shall select.
ELECTORAL TRIBUNAL
Supreme Court (en banc)
REMOVAL
Impeachment and quo warranto (Republic of the
Philippines v. Sereno, G.R. No. 237428)
The tribunals which have jurisdiction over the question of
the qualifications of the President, the Vice-President,
Senators and the Members of the House of Representatives
were made clear by the Constitution. (Poe-Llamanzares v.
Commission on Elections, – SCRA – (G.R. Nos. 221697, etc.,
8 March 2016, and, 5 April 2016)
On the issue of being a natural-born Filipino: There is a
disputable presumption that things have happened
according to the ordinary course of nature and the ordinary
habits of life. The common thread of the UDHR, UNCRC
and the ICCPR is to obligate the Philippines to grant
nationality from birth and ensure that no child is stateless.
This grant of nationality must be at the time of birth, and it
cannot be accomplished by the application of our present
naturalization laws, Commonwealth Act No. 473, as
amended, and R.A. No. 9139, both of which require the
applicant to be at least eighteen (18) years old.
The principles found in two conventions, while yet
unratified by the Philippines, are generally accepted
principles of international law.
Requisites for a new domicile: There are three requisites to
acquire a new domicile:
(1) Residence or bodily presence in a new locality;
(2) An intention to remain there; and
(3) An intention to abandon the old domicile.
To successfully effect a change of domicile, one must
demonstrate an actual removal or an actual change of
domicile; bona fide intentions of abandoning the former
place of residence and establishing a new one and definite
acts which correspond with the purpose. In other words,
there must basically be animus manendi coupled with animus
non revertendi.
 Purpose to remain in or at the domicile of choice
must be for an indefinite period of time;
 Change of residence must be voluntary; and
 Residence at the place chosen for the new domicile
must be actual.
As a rule, this Court may only adjudicate actual, ongoing
controversies. The Court is not empowered to decide moot
questions or abstract propositions, or to declare principles or
rules of law which cannot affect the result as to the thing in
issue in the case before it. In other words, when a case is
moot, it becomes non-justiciable.
An action is considered moot when it no longer presents a
justiciable controversy because the issues involved have
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CONSTITUTIONAL LAW 2
become academic or dead or when the matter in dispute has
already been resolved and hence, one is not entitled to
judicial intervention unless the issue is likely to be raised
again between the parties. There is nothing for the court to
resolve as the determination thereof has been overtaken by
subsequent events. (Pormento v. Estrada, 629 SCRA 530
(2010).
Macalintal v. Presidential Electoral Tribunal, 635 SCRA 783
(2010) 651 SCRA 239 (2011): PET is a constitutionally created
body and has a distinct mandate from the Supreme Court but
it is not separate from the judicial department. (Macalintal
v. Presidential Electoral Tribunal, 635 SCRA 783 (2010) 651
SCRA 239 (2011)
“
2. PRIVILEGES
(1) Official Residence – Malacanang (for the President
only)
(2) Salary shall be determined by law. Shall not be
decreased during tenure. No increase shall take effect
until the expiration of the incumbent term
(3) Immunity from Suit
 Rationale: to assure that the exercise of presidential
duties and functions is free from any hindrance or
distraction. However, there is nothing in our laws
that prevent the President from waiving his right.
 Chief executive cannot invoke immunity from suit
from civil damages after his tenure.
 Validity of his acts can be tested by an action
against other executive officials
 Immunity is co-extensive with tenure and covers
only official duties
But this privilege of immunity from suit, pertains to the
President by virtue of the office and may be invoked only by
the holder of the office; not by any other person in the
President's behalf. Thus, an accused in a criminal case in
which the President is complainant cannot raise the
presidential privilege as a defense to prevent the case from
proceeding against such accused. (Soliven v. Makasiar, 167
SCRA 393)
(4) No need for Commission on Appointment for Cabinet
post (Vice-president)
(5) Executive privilege
 Right of the President and high-level executive
branch officials to withhold information from
Congress, the courts and ultimately, the public.
 Topics within the scope of privilege (Section 2(a)
EO 464)
(a) Conversation and correspondence between
president and the public official covered by
the executive privilege
(b) Military, diplomatic and other national
security matters which in the interest of
national security should not be divulged
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(c) information between inter-government
agencies prior to the conclusion of treaties and
executive agreements
(d) discussion in close door cabinet meetings
(e) matters affecting national security and public
order
2 KINDS OF EXECUTIVE PRIVILEGE
a. Presidential Communications Privilege
Communications are presumptively privileged;
president must be given freedom to explore
alternatives in policy-making
b. Deliberative Process Privilege (Executive
Officials)
Materials that comprise part of a process by which
governmental decisions and policies are
formulated.
Requisites for validity of claim of privilege
a. Quintessential and non-delegable presidential
power
The power subject of the legislative inquiry must be
expressly granted by the Constitution to the
President
b. Operational Proximity Test
It must be authored, solicited, and received by the
close advisor of the President or the President
himself. The advisor must be in “operational
proximity” with the president, that is, being
proximate to the President not only by reason of
function but also by reason of position in the
organizational structure.
c. No adequate need
The privilege may be overcome by a showing of
adequate need such that the information sought
“likely contains important evidence” and by the
unavailability of the information elsewhere by an
appropriate investing authority.
3. PROHIBITIONS AND INHIBITIONS
a. Shall not receive any other emolument from the
government or any other source;
b. Shall not hold any other office or employment
unless otherwise provided in the Constitution
c. i.e. ex-officio member – this is provided by law and
they are not given additional compensation for
this. (National Amnesty Commission v. COA, G.R.
No. 156982 (2004))
d. Shall not practice any other profession;
e. Shall not participate in any business;
f. Shall not be financially interested in any
contract with, or in any franchise, or special
privilege granted by the Government, including
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CONSTITUTIONAL LAW 2
GOCCs;
g. Shall avoid conflict of interest in conduct of office;
h. Shall avoid nepotism.
B. POWERS OF THE PRESIDENT
1. Executive power
It is the legal and political functions of the President
involving the exercise of discretion. It is vested in the
President of the Philippines. It is the power to enforce and
administer laws.
Power of Administrative Reorganization
The President, subject to the policy of the Executive Office
and in order to achieve simplicity, economy and efficiency,
shall have the continuing authority to reorganize the
administrative structure of the Office of the President. (Sec.
31, Book III, E.O. 292)
Faithful Execution Clause
The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the
laws be faithfully executed.
2. Appointing power
Appointment
Is the selection, by the authority vested with the power, of an
individual who is to exercise the functions of a given office.
(Cruz, Phil. Political Law, 1989 ed., p. 178)
Appointing power is executive in nature. It is vested in the
President. The power carries with it the power to remove
except in some cases like Justices of the Supreme Court, the
President appoints them but he cannot remove them. They
can only be removed through impeachment and quo warranto
(Republic of the Philippines v. Sereno, G.R. No. 237428).
Congress cannot appoint a specific person into a public
office. The appointing power is the exclusive prerogative of
the President, upon which no limitations may be imposed by
Congress, except those resulting from the need of securing
the concurrence of the Commission on Appointments and
from the exercise of the limited legislative power to prescribe
the qualifications to a given appointive office. (See:
Manalang v. Quitoriano, G.R. No. L-6898 (1954))
Designation
Simply means imposition of additional duties on a person
already in the public service.
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POLITICAL LAW CONSTITUTIONAL LAW 2

Binamira vs. Garrucho, 188 SCRA 154, when a person is (1) Congress not in (1) Made any time when
merely designated and not appointed, the implication is that session there is vacancy,
he shall hold office in a temporary capacity and may be (2) Requires whether or not Congress
replaced at will of the appointing authority. In this sense, a confirmation of CA is in session
designation is considered only an acting or temporary (3) Permanent in (2) Does not require CA
appointment which does not confer security of tenure on the nature confirmation
person named. (4) Appointee enjoys (3) Temporary in nature; no
security of tenure security of tenure

Classifications An ad interim appointment means a permanent appointment

made by the President in the meantime that Congress is in
(a) Permanent – those extended to persons possessing recess. It does not mean a temporary appointment that can be
the requisite eligibility and are thus protected by the withdrawn or revoked at any time. An ad interim appointee
constitutional guarantee of security of tenure. who has qualified and assumed office becomes at that moment
(b) Temporary - those given to persons without such a government employee and therefore part of the civil service.
eligibility, revocable at will and without necessity of Once an appointee has qualified, he acquires a legal right to the
just cause or a valid investigation, made on the office which is protected not only by statute but also by the
understanding that the appointing power has not yet Constitution. He can only be removed for cause, after
decided on a permanent appointee and that the notice and hearing, consistent with the requirements of due
temporary appointee may be replaced at any time process.
a permanent choice is made.
(c) Regular - Appointment by the President when The SC held that an ad interim appointment that is by-passed
Congress is in session. It takes effect only after by the Commission on Appointments because of lack of time
confirmation by the CA, and once approved, continues or failure of the latter to organize is another matter. There is no
until the end of the term of the appointee. final decision by the Commission on Appointments to give or
(d) Ad Interim - Appointment by the President when withhold its consent to the appointment as required by the
Congress is not in session. Constitution. Absent such decision, the President is free to
 Takes effect immediately but ceases to be renew the ad interim appointment of a by- passed appointee.
valid if disapproved by the CA or upon the This is recognized in Section 17 of the Rules of the
next adjournment of Congress. It is deemed Commission on Appointments. Hence, under the Rules, a by-
by-passed through inaction. passed appointment can be considered again if the President
 Intended to prevent interruptions in vital renews the appointment (Matibag vs. Benipayo, 380 SCRA 49)
government services that would otherwise
result from the prolonged vacancies in MIDNIGHT APPOINTMENTS
government offices.
 It is a permanent appointment because it Two months immediately before the next presidential elections
takes effect immediately and can no longer be and up to the end of his term, a President or Acting President
withdrawn by the President once the shall not make appointments, except temporary appointments
appointee has qualified into office. to executive positions when continued vacancies therein will
 The fact that it is subject to confirmation prejudice public service or endanger public safety.
by the Commission on Appointments do
not alter its permanent character. The General Rule: No appointments two months immediately
Constitution itself makes an ad interim before the next presidential elections and up to the end of his
appointment permanent in character by term
making it effective until disapproved by the
CA or until the next adjournment of Exceptions
Congress. 1. Temporary appointments to executive positions when
continued vacancies therein will prejudice public service or
endanger public safety
Ad Interim Regular 2. Appointments in the judiciary (De Castro v. JBC, 2010)
(1) Takes effect (1) Does not take effect
immediately immediately
(2) Appointee assumes (2) Appointee assumes Elements of a Valid Appointment
office immediately and office only after
later on the confirmation by the
appointment should be CA (1) Authority to appoint and evidence of the exercise of the
confirmed by the CA (3) Made when authority;
(3) Made while Congress is Congress is in (2) Transmittal of the appointment paper and evidence of
not in session session the transmittal (Preferably through the Malacañang
Records Office)
Appointment in acting (3) Vacancy of the position at the time of appointment; and
Ad Interim
capacity

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POLITICAL LAW
(4) Receipt of the appointment paper and acceptance of the
appointment by the appointee who possesses all the
qualifications and none of the disqualifications.
WHEN CONFIRMATION IS NOT REQUIRED
 When the President appoints other government
officers whose appointments are not otherwise
provided by law;
 Those officers whom he may be authorized by law
to appoint (e.g. Chairman and members of the
Commission on Human Rights)
 When Congress creates inferior offices but omits to
provide for appointment thereto, or provides in an
unconstitutional manner for such appointments
 When the Vice-President is appointed as member
of the Cabinet
 Appointments under the recommendation of the
Judicial and Bar Council (Members of the Supreme
Court, Ombudsman and Deputies)
 Appointments solely by the President
WHO MAY BE APPOINTED?
Not all appointments made by the President need CA
confirmation. Only those enumerated in paragraph 1 of
Section 16, Article VII need confirmation of the
Commission on Appointments. (Sarmiento v. Mison,
156 SCRA 549).
Officers to be appointed by the President that require the
confirmation of Commission on Appointments: (the list
is exclusive)
a. Heads of the executive department
Except: Vice-President—may be appointed as a
Member of the Cabinet. Such appointment
requires no confirmation. (Section 3, Article
VII)
b. Ambassadors, other public ministers and
consuls
c. Officers of the armed forces from the rank of
colonel or naval captain
d. Other officers whose appointments are vested in
him in the Constitution. Example: JBC,
Constitutional Commissions
e. All other officers of the government whose
appointments are not otherwise provided by
law
f. Those whom he may be authorized by law to
appoint.
PROCEDURE for APPOINTMENTS:
(1) Nomination by the President;
(2) Confirmation by the Commission on Appointments;
(3) Issuance of commission; and
(4) Acceptance by appointee.
Deemed complete upon acceptance. Pending such
acceptance, which is optional to the appointee, the
appointment may still be validly withdrawn.
Appointment to a public office cannot be forced
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CONSTITUTIONAL LAW 2
upon citizen except for purposes of defense of the State
under Section 4, Article II of the Constitution, as an
exception to the rule against involuntary servitude.
Limitations on Appointing Power:
(1) Prohibition against nepotism - The spouse and relatives
by consanguinity or affinity within the 4th civil degree of
the President shall not during his tenure be appointed as
Members of the Constitutional Commissions, or the
Office of bureaus or offices, including government-
owned or controlled corporations and their subsidiaries.
(2) Appointments extended by an Acting President shall
remain effective unless revoked by the elected President
within 90 days from his assumption of office.
(3) The presidential power of appointment may also be
limited by Congress through its power to prescribe
qualifications for public office.
(4) The judiciary may annul an appointment made by the
President if the appointee is not qualified or has not
been validly confirmed by the Commission on
Appointments.
(5) Midnight Appointments
Two months immediately before the next presidential
elections and up to the end of his term, a President or
Acting President shall not make appointments (Section
15, Article VII)
Exception: temporary appointments to executive
positions when continued vacancies therein will
prejudice public service or endanger public safety.
The prohibition against midnight appointments applies
only to positions in the executive department. (De
Castro v. JBC, G.R. No. 191002, Mar. 17, 2010)
The following elements should always concur in the making
of a valid (which should be understood as both complete and
effective) appointment:
(1) authority to appoint and evidence of the exercise of the
authority;
(2) transmittal of the appointment paper and evidence of the
transmittal;
(3) a vacant position at the time of appointment; and
(4) receipt of the appointment paper and acceptance of the
appointment by the appointee who possesses all the
qualifications and none of the disqualifications. (Velicaria-
Garafil v. Office of the President, G.R. No. 203372, 16 June
2015):
 The concurrence of all these elements should always
apply, regardless of when the appointment is made,
whether outside, just before, or during the appointment
ban. These steps in the appointment process should
always concur and operate as a single process. There is no
valid appointment if the process lacks even one step.
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POLITICAL LAW
Power of Removal
General Rule: This power is implied from the power to
appoint.
Exceptions: Those appointed by him where the Constitution
prescribes certain methods for separation from public
services.
Examples: President, VP, Members of the Constitutional
Commissions, Justices of the SC and the Ombudsman - may
be removed through impeachment (Art. XI, Sec. 2) and quo
warranto (Republic of the Philippines v. Sereno, G.R. No.
237428)
President may be removed in the case of inability to discharge
official functions.
- There must be a written declaration from the
President transmitted to the Senate President
and Speaker of the House
Calling-out power, power to place the Philippines under
- Majority of the Members of the Cabinet may
martial law and power to suspend the privilege of the writ of
transmit the written declaration
habeas corpus
3. Control and supervision power
 To call out the Armed forces to prevent or suppress
 Organize courts martial for the discipline of the armed
Control
Power to alter or modify or nullify or set aside what a
subordinate had done in the performance of his duties
and to substitute the judgment of the former for that of
the latter.
Supervision
Overseeing, or the power or authority of an officer to
see that subordinate officers perform their duties, and if
the latter fail or neglect to fulfill them, then the former
may take such action or steps as prescribed by law to
make them perform these duties.
 The President shall exercise general supervision over
local governments.
ALTER EGO PRINCIPLE / DOCTRINE OF QUALIFIED
POLITICAL AGENCY
The acts of the secretaries of the executive department,
performed and promulgated in the regular course of
business, are, unless disapproved or reprobated by the
Chief Executive, presumptively the acts of the Chief
Executive. (Vilena v. Secretary of Interior, G.R. No.
46570, (1939)
The rule which has thus gained recognition is that
"under our constitutional setup the Executive Secretary
who acts for and in behalf and by authority of the
President has an undisputed jurisdiction to affirm,
modify, or even reverse any order" (Lacson-Magallanes
Co. Inc. v. Paño, (1967))
Applying the doctrine of qualified political agency, the
power of the President to reorganize the National
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CONSTITUTIONAL LAW 2
Government may validly be delegated to his cabinet
members exercising control over a particular executive
department. (DENR v. DENR Region XII Employees,
G.R. No. 149724)
Manalang-Demigillo v. Trade and
Investment Development Corporation of the
Philippines (TIDCORP), 692 SCRA 359,
G.R. No. 168613 March 5, 2013: The doctrine
of qualified political agency could not be
extended to the acts of the Board of Directors
of TIDCORP despite some of its members
being themselves the appointees of the
President to the Cabinet. (Bersamin, J.)
4. Military Powers
(a) THE COMMANDER-IN-CHIEF CLAUSE
lawless violence, invasion or rebellion.
forces and create military commissions for the
punishment of war criminals.
Section 18, Art VII grants the President, as
Commander-in-Chief, a "sequence" of "graduated
power(s)." From the most to the least benign, these
are: the calling out power, the power to suspend
the privilege of the writ of habeas corpus, and the
power to declare martial law. In the exercise of the
latter two powers, the Constitution requires the
concurrence of two conditions, namely, an actual
invasion or rebellion, and that public safety
requires the exercise of such power. These
conditions are not required in the exercise of the
calling out power. The only criterion is that
'whenever it becomes necessary,' the President
may call the armed forces 'to prevent or suppress
lawless violence, invasion or rebellion.
'Nevertheless, it is equally true that S18, Art7 does
not expressly prohibit the President from
declaring a state of rebellionsince the constitution
vests the Presdient with Executive
powers. (SANLAKAS v. Executive Secretary, G.R.
No. 159085)
The power to choose, initially, which among
these extraordinary powers to wield in a given set
of conditions is a judgment call on the part of the
President. As Commander-in-Chief, his powers
are broad enough to include his prerogative to
address exigencies or threats that endanger the
government, and the very integrity of the State.
(Lagman v. Medialdea, G.R. No. 231658
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POLITICAL LAW
, the ability of the President to require a
military official to secure prior consent before
appearing before Congress pertains to a wholly
different and independent specie of presidential
authority—the commander-in-chief powers of the
President. By tradition and jurisprudence, the
commander-in-chief powers of the President are
not encumbered by the same degree of restriction
as that which may attach to executive privilege or
executive control. (Gudani vs. Senga, G.R. No.
170165, August 15, 2006)
(b) SUSPENSION OF THE PRIVILEGE OF THE WRIT
OF HABEAS CORPUS
Grounds: invasion or rebellion, when public safety
requires it.
Duration: not to exceed 60 days, following which it
shall be lifted unless extended by Congress
Duty of the President: To report action to Congress
within 48 hours, personally or in writing
 Congress may revoke or extend, on request
of the President, the effectivity of
proclamation by a majority vote of all its
Members, voting jointly.
 Suspension applies only to persons
judicially charged for rebellion or offenses
inherent in or directly connected with
invasion.
 During the suspension of the privilege of the
writ of habeas corpus, any person thus
arrested or detained shall be judicially
charged within three (3) days, otherwise he
shall be released.
(c) PROCLAMATION OF MARTIAL LAW
The constitutional validity of the President’s
proclamation of martial law or suspension of the writ
of habeas corpus is first a political question in the hands
of Congress before it becomes a justiciable one in the
hands of the Court. (Fortun v. Macapagal-Arroyo)
During martial law, the President may have the powers of a
commanding general in a theatre of war. In actual war,the
President as the commanding general has the authority to
issue orders which have the effect of law but strictly in a
theater of war, not in the situation we had during the
period of martial law.
If in the actual theater of war civil courts, in fact, are
unable to function, then the military commander is
authorized to give jurisdiction even over civilians to
military courts precisely because the civil courts are
closed in that area. (Lagman v. Medialdea, G.R. No.
231658, citing Constitutional Commission deliberations
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CONSTITUTIONAL LAW 2
Constitutional safeguards on the exercise of the
power of the President to proclaimmartial law:
 There must be actual invasion or rebellion;
 The duration of the proclamation shall not
exceed 60 days;
 Within 48 hours, the President shall report
his action to Congress. If Congress is not in
session, it must convene within 24 hours;
 Congress may, by majority vote of all its
members voting jointly, revoke the
proclamation, and the President cannot set
aside the revocation;
 By the same vote and in the same
manner, upon initiative of the President,
Congress may extend the proclamation if
the invasion or rebellion continues and
public safety requires it;
 The Supreme Court may review, in an
appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the
proclamation of martial law or the
suspension of the privilege of the writ of
habeas corpus or the extension thereof, and
must promulgate its decision thereon within
30 days from its filing; such power to review
may be exercised simultaneously with, and
independently from, the power to revoke by
Congress (Lagman v. Medialdea, G.R. No.
231658)
 It does not suspend the operation of the
Constitution, nor supplant the functioning of
the civil courts or legislative assemblies, nor
authorize the confinement of jurisdiction on
military courts and agencies over civilians
where civil courts are able to function, nor
automatically suspend the privilege of the
writ.
5. Pardoning Power
Pardoning power, reprieves, commutations, amnesty, remit
fines and forfeitures (Section 19, Article VII)
Exercise by the President
Discretionary and may not be controlled by the legislature
or reversed by the courts
Exception: if there is violation of the Constitution
(a) Pardon - an act of grace which exempts the individual
on whom it is bestowed from punishment which the
law inflicts for a crime he has committed.
 Plenary or partial
 Absolute or conditional
- Conditional pardon— is in the nature of a
contract between the sovereign power or the
Chief Executive and the convicted criminal
to the effect that the former will release the
latter subject to the condition that if he does
not comply with the terms of the pardon, he
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will be recommitted to prison to serve the
unexpired portion of the sentence or an
additional one.
The grant of absolute pardon restores the person to his full
civil and political rights. (Risos-Vidal v. Commission on
Elections, 747 SCRA 210).
Effect of Absolute Pardon: A close scrutiny of the text of the
pardon extended to former President Estrada shows that
both the principal penalty of reclusion perpetua and its
accessory penalties are included in the pardon. The
sentence,which states that "(h) e is hereby restored to his civil
and political rights," expressly remitted the accessory
penalties that attached to the principal penalty of reclusion
perpetua.
A conditional pardon has no force until accepted by the
condemned. The reason is obvious. The condition may be
less acceptable to him than the original punishment, and
may in fact be more onerous (Cabantag v. Wolfe, G.R. No.
3080 (1906)
(b) Commutation - reduction or mitigation of penalty
(c) Reprieve - postponement of sentence or stay of
execution
(d) Parole - release from imprisonment, but without full
restoration of liberty, as parolee is in custody of the
law although not in confinement
(e) Amnesty - act of grace, concurred in by the Legislature,
usually extended to groups of persons who committed
political offenses, which puts into oblivion the offense
itself.
Limitations
(a) Cannot be granted in cases of impeachment;
(b) Cannot be granted in violations of election laws without
favorable recommendations of the COMELEC;
(c) Can be granted only after conviction by final judgment
(except amnesty);
(d) Cannot be granted in cases of legislative contempt or
civil contempt;
(e) Cannot absolve convict of civil liability;
(f) Cannot restore public offices forfeited.
(g) Amnesty must be with the concurrence of a majority of
all the members of Congress
6. Diplomatic / Treaty-making
power (Section 21, Article VII)
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Saguisag v. Ochoa, Jr., G.R. Nos. 212426 and 212444, 12
January 2016): EDCA is not a treaty but only an Executive
Agreement.
Senate ratification is not necessary: The Senate ratification of
the Mutual Defense Treaty (“MDT”) complies with the
requirement of Section 25, Article XVIIP9 of the 1987
Constitution that any agreement allowing foreign military
facilities in the Philippines, like the prepositioning of U.S.
war materials, must be embodied in a treaty and ratified by
two-thirds vote of the Senate. The treaty which covers the
terms and conditions under EDCA is the MDT which the
Philippine Senate ratified by two-thirds vote on 12 May 1952
and which the U.S. Senate earlier ratified on 20 March 1952.
(Saguisag v. Ochoa, Jr., G.R. Nos. 212426 and 212444, 12
January 2016)
To hold that the EDCA cannot take effect without Senate
ratification is to render the MDT, the sole mutual self-defense
treaty, totally inutile to meet the grave, even existentialist,
national security threat. (Carpio, J., concurring opinion)
7. POWER RELATIVE TO
APPROPRIATION MEASURES
Contracting and guaranteeing foreign loans
Requisites:
(1) Concurrence of the monetary board (Art. VII, Sec.
20)
(2) Subject to limitations as may be provided by law
(Art.XII, Sec. 2)
(3) Information on foreign loans obtained or
guaranteed shall be made available to the public
(Art. XII, Sec.2)
 Republic Act 4860 authorizes the President to
obtain foreign loans, or incur foreign indebtedness
Preparing and Submitting the Budget
Art. VII, Sec.22 The President shall submit to Congress
within thirty days from the opening of every regular session,
as the basis of the general appropriations bill, a budget of
expenditures and sources of financing, including receipts
from existing and proposed revenue measures.
Budget
It is a plan indicating:
(a) Expenditures of the government,
(b) Sources of financing, and
(c) Receipts from revenue-raising measures
Fixing of Tariff Rates (Art. VI, Sec.28)
The Congress may, by law, authorize the President to fix:
(1) within specified limits, and
(2) subject to such limitations and restrictions it may impose:
(a) Tariff rates;
(b) Import and export quotas;
(c) Tonnage and wharfage dues;
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(d) Other duties or imposts within the framework of the
national development programs of the Government.
8. DELEGATED POWERS
The President, under martial rule or in a revolutionary
government, may exercise delegated legislative powers (Art.
VI, Sec 23(2))
Congress may delegate legislative powers to the president in
times of war or in other national emergency (Bernas, supra.)
9. Veto power
General Rule: All bills must be approved by the President
before they become law.
Exceptions:
(1) The veto of the President is overridden by 2/3 vote
of ALL the Members of the House which it
originated
(2) Bill lapses into law after 30 days because of the
inaction of the President; and
(3) The bill passed is the special law to elect the
President and Vice President.
It is true that the Constitution provides a mechanism for
overriding a veto. Said remedy, however is available only
when the presidential veto is based on policy or political
considerations but not when the veto is claimed to be ultra
vires. In the latter case, it becomes the duty of the Court to
draw the dividing line where the exercise of executive power
ends and the bounds of legislative jurisdiction begin.
(PHILCONSA v. Enriquez (1994))
10. Unstated Residual Power
Residual powers are implied from the grant of executive
power necessary for the President to comply with the
Constitutional duties such as to safeguard and protect
general welfare. (Marcos v. Manglapus (1988))
President’s guiding principles in the exercise of executive
power:
1. Protection of the people
2. Promotion of welfare
3. Advancing national interest
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11. EXECUTIVE PRIVILEGE
See previous discussion on presidential privilege
12. EMERGENCY POWERS (Art.
VI, Sec. 23)
(1) In times of war or other national emergency, the
Congress, may authorize the President to exercise powers
necessary and proper to carry out a declared national policy
(2) Unless sooner withdrawn by resolution of the Congress,
such powers shall cease upon the next adjournment thereof.
Emergency Powers vis-à-vis Commander-in-Chief clause:
(1) When the President acts under the Commander-in-
Chief clause, he acts under a constitutional grant of
military power, which may include the law-making
power.
(2) When the President acts under the emergency
power, he acts under a Congressional delegation of
law-making power.
Emergency Powers cease when
(a) Upon being withdrawn by resolution of the
Congress; or
(b) If Congress fails to adopt such resolution, upon the
next voluntary adjournment of Congress.
The fact that Congress is able to meet in session
uninterruptedly and adjourn of its own will prove that the
emergency no longer exists to justify the delegation.
(Araneta v. Dinglasan (1949))
The specific power to continue in force laws and
appropriations which would lapse or otherwise become
inoperative is a limitation on the general power to exercise
such other powers as the executive may deem necessary to
enable the government to fulfill its responsibilities and to
maintain and enforce its authority (Rodriguez v. Gella
(1953))
13. Other Powers:
(a) Borrowing power
The President may contract or guarantee foreign loans
on behalf of the Republic with the concurrence of the
Monetary Board, subject to such limitation as may be
provided by law The Monetary Board shall submit to the
Congress report on loans within 30 days from end of
every quarter. (Section 20, Article VII)
(b) Budgetary power
Within 30 days from opening of every regular session,
President shall submit to Congress a budget of
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POLITICAL LAW
expenditures and sources of financing, including
receipts from existing and proposed revenue measures.
The Congress may not increase the appropriation
recommended by the President. However, its form,
content, manner of preparation of the budget shall be
prescribed by Congress. (Section 22, Article VII)
(c) Informing power—State of the Nation Address
(Section 23, Article VII & Sec. 15, Art VI)
(d) Power to call special session (Section 15, Article VI)
(e) Power to Reorganize the Office of the President
(Administrative Code)
(f) Power of Impoundment
Impoundment refers to the refusal of the President,
for whatever reason, to spend funds made available
by Congress. It is the failure to spend or obligate
budget authority of any type.
Proponents of impoundment have invoked at least
three (3) principal sources of the authority of the
President.
a. Authority to impound given to him either
expressly or impliedly by Congress
b. The executive power drawn from the
President’s role as Commander-in-Chief
c. Faithful Execution Clause
(g) Power to Deport
The power to deport aliens is lodged in the President
of the Republic of the Philippines. As an act of state, it
is vested in the Executive by virtue of his office, subject
only to the regulations prescribed in section 69 of the
Revised Administrative Code or to such future
legislation as may be promulgated on the subject. (Tan
Tong v. Deportation Board, G.R. No. L-17169)
C. RULES ON SUCCESION
1. Vacancy at the beginning of
the term
(1) Death or permanent disability of the President-
elect: VP-elect shall become President
(2) President-elect fails to qualify: VP-elect shall act
as President until the President-elect shall have
qualified
(3) President shall not have been chosen: VP-elect shall
act as President until a President shall have been
chosen and qualified.
(4) No President and VP chosen nor shall have
qualified, or both shall die or become permanently
disabled: The President of the Senate, or in case of
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CONSTITUTIONAL LAW 2
his disability, the Speaker of the House of
Representatives, shall act as President until a
President or a VP shall have been chosen and
qualified.
- In the event of inability of the officials
mentioned, Congress shall, by law, provide
for the manner in which one who is to act as
President shall be selected until a President
or VP shall have qualified.
 At 10 o’clock in the morning of the 3rd day after
the vacancy occurs, Congress shall convene
without need of a call, and within 7 days enact a
law calling for a special election to elect a President
and a VP to be held not earlier than 45 or later than
60 days from the time of such call. The bill shall be
deemed certified and shall become a law upon its
approval on 3rd reading by Congress. The
convening of the Congress cannot be suspended
nor the special election postponed. No special
election shall be called if the vacancy occurs within
18 months before the date of the next presidential
election
2. Vacancy during the term
Death, permanent disability, removal from office, or
resignation of the President: VP shall become the President
Estrada vs. Arroyo, G.R. No. 146738, March 2, 2001, the SC
declared that the resignation of President Estrada could not be
doubted as confirmed by his leaving Malacañang Palace. In the
press release containing his final statement –
(1) He acknowledged the oath-taking of the respondent as
President;
(2) He emphasized he was leaving the Palace for the sake
of peace and in order to begin the healing process (he
did not say that he was leaving due to any kind of
disability and that he was going to reassume the
Presidency as soon as the disability disappears);
(3) He expressed his gratitude to the people for the
opportunity to serve them as President (without doubt
referring to the past opportunity);
(4) He assured that he will not shirk from any future
challenge that may come in the same service of the
country;
(5) He called on his supporters to join him in promotion
of a constructive national spirit of reconciliation and
solidarity.
The Court declared that the elements of a valid resignation
are:
1. Intent to resign;
2. Act of relinquishment.
Both were present when Estrada left the Palace.
3. TEMPORARY DISABILITY
 Voluntary Written Declaration
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POLITICAL LAW
The President may transmit to the Senate
president a written declaration that he is unable to
discharge his functions. In this case, the Vice-
President will assume his duties and functions.
 Vote of the Majority of the Cabinet
If the majority of the Cabinet transmits to the
Senate President that the President is unable to
discharge his functions, the Vice-President shall
assume his functions.
o The President may once again assume
his functions after transmitting to the
Senate President that he is not unable to
discharge his functions.
o Should the Cabinet believe that the
President is still incapable, the members
may send a written declaration to the
Senate President within 5 days.
 In this case, Senate shall
convene if in session or
within 12 days if not in
session.
 The Congress may determine
that the President is incapable
of exercising his functions by
a 2/3 vote of both houses
voting separately.
4. Resignation
Resignation may be written, oral, express, or implied, for as
long as it is clear it must be given legal effect.
5. Vacancy in the Office of the
Vice-president
Whenever there is vacancy in the Office of the VP during
the term for which he was elected, the President shall
nominate a VP from among the Members of the Senate and
the HOR who shall assume office upon confirmation by a
majority vote of all the Members of both Houses of the
Congress, voting separately. (Section 9, Article VII)
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CONSTITUTIONAL LAW 2
JUDICIAL DEPARTMENT
A. Concepts
1. Judicial Power
The judicial power shall be vested in one SC and in such
lower courts as may be established by law.
Judicial power includes:
(1) Traditional Concept: The duty of the courts of justice to
settle actual controversies involving rights which are
legally demandable and enforceableE
(2) Expanded Power: To determine whether or not there has
been a grave abuse of discretion amounting to lack or
excess of jurisdiction (GADALEJ) on the part of any
branch or instrumentality of the Government.
Jurisdiction: The power to hear and decide cases.
Sec 2, Art. VIII
The Congress shall have the power to define, prescribe,
and apportion the jurisdiction of the various courts but
may not deprive the Supreme Court of its jurisdiction
over cases enumerated in Section 5 hereof
No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of its
Members
Facial Challenge (Cruz v. DENR 135385)
The only instance where a facial challenge to a statute is
allowed is when it operates in the area of freedom of
expression. In such instance, the overbreadth doctrine
permits a party to challenge the validity of a statute even
though as applied to him it is not unconstitutional but it
might be if applied to others not before the Court whose
activities are constitutionally protected.
Doctrine of Judicial Supremacy.
The judiciary is vested with the power to annul the acts of
either the legislative or the executive or of both when not
conformable to fundamental law. (Association of Small
Landowners v. Secretary of Agrarian Reform, G.R. No.
78742, July 14, 1989)
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POLITICAL LAW
2. Judicial Review
Power of courts to test the validity of executive and legislative
acts in light of their conformity with the Constitution and to
declare a law, treaty, international or executive agreement,
presidential decree, proclamation order, instruction,
ordinance or regulation unconstitutional.
 To assure that the supremacy of the Constitution is
upheld.
Who may exercise the power
1. Supreme Court to decide question on
Constitutionality
2. Section 5(2) Article VIII implicitly recognizes the
authority of lower courts to decide questions
involving constitutionality of laws, treaties,
international agreements, etc.
3. The Constitution vested the power of judicial
review not only to SC but also with the lower
courts.
 Note: In doing so, notice to the Solicitor General is
mandatory to enable him to decide whether or not
his intervention in the action is necessary.
FUNCTIONS OF JUDICIAL REVIEW:
1. Checking – whether or not there has been grave
abuse of discretion
2. Legitimating - Rule on Double Negative—uses the
term “not unconstitutional”; the court cannot
declare a law constitutional because it already
enjoys a presumption of constitutionality
3. Symbolic - educating the bar and bench and the
people on the extent of protection given by the
constitutional guarantees
REQUISITES FOR THE PROPER EXERCISE
OF POWER OF JUDICIAL REVIEW
i. Actual case or controversy
Must be definite, concrete, bearing upon the legal relations of
parties who are pitted against each other due to their
adverse legal interests, and susceptible of judicial
determination.
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CONSTITUTIONAL LAW 2
Operative Fact Doctrine
General Rule: The interpretation (or declaration) of
unconstitutionality is retroactive in that it applies from the
law’s effectivity
Exception: Subsequent declaration of unconstitutionality
does not nullify all acts exercised in line with (the law).
The past cannot always be erased by a new judicial
declaration. (Municipality of Malabang v. Benito (1969),
citing Chicot County)
Moot and Academic Issues
General Rule: Courts will not decide questions that have
become moot and academic.
Exception: Courts will still decide if:
a. There is a grave violation of the Constitution;
b. The situation is of exceptional character and
paramount public interest is involved;
c. The constitutional issue raised requires
formulation of controlling principles to guide
the bench, the bar and the public; and
d. The case is capable of repetition yet evading
review. (David v. Macapagal-Arroyo (2006)
Justiciable Question
A given right, legally demandable and enforceable, an act
or omission violative of such right, and a remedy granted by
law for said breach of right
Political Questions
Those questions which, under the constitution, are to be
decided by the people in their sovereign capacity; or in
regard to which full discretionary authority has been
delegated to the legislative or executive branches of
government.
ii. The constitutional question must be raised
by the proper party
A proper party is one who has sustained or is in
imminent danger of sustaining an injury as a result
of the act complained of. (LOCUS STANDI)
"Legal Standing"- personal and substantial interest in
the case such that the party has sustained or will
sustain direct injury as a result of governmental act.
Real Party in Interest – Party who stands to be
benefited or injured by the judgment in the suit or the
party entitled to the avails of the suit
When will a citizen be allowed to raise constitutional
question:
(a) He has personally suffered some actual or
threatened injury as a result of the allegedly illegal
conduct of the government – Direct Injury Test –
interest means “material interest”
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POLITICAL LAW
(b) Injury is fairly traceable to the challenged
action
(c) Injury is likely to be redressed by a favorable
action.
Liberal attitude of the SC to standing based on the ff
requirements:
(a) Case involves constitutional issues
(b) Taxpayers – there must be a claim of illegal
disbursement of public funds or tax measure is
unconstitutional
(c) Voters – there must be a showing of obvious
interest in the validity of election law in
question.
(d) Concerned Citizens – issues raised are of
transcendental importance which must be
settled early
(e) Legislators – claim that the official action
complained of infringes their prerogatives as
legislators
General rule: A party can question the validity of a
statute only if, as applied to him, it is unconstitutional.
Exceptions:
(1) Facial Challenge
 The statute is absolutely unconstitutional under no
circumstance. But the only time a facial challenge to a
statute is allowed is when it operates in the area of
freedom of expression.
(2) Overbreadth Doctrine
 Permits a party to challenge the validity of a
statute even though as applied to him, it is not
unconstitutional, but it might be if applied to others
not before the Courts whose activities are
constitutionally protected.
 Invalidation of the statute “on its face”, rather
than “as applied” is permitted in the interest of
preventing a chilling effect on freedom of expression.
iii. The constitutional question must be raised
at the earliest opportunity
Generally, the question must be raised in he
pleadings; however, in criminal cases, the question
can be raised at any time at the discretion of the
court; in civil cases, the question can be raised at
any stage of the proceedings if necessary for the
determination of the case itself; and in every case,
except where there is estoppel, it can be raised at any
stage if it involves the jurisdiction of the court.
iv. The decision on the constitutional question
must be the very LIS MOTA
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CONSTITUTIONAL LAW 2
Court cannot recognize question of constitutionality if the
case can be dispensed of on some other grounds, such as
application of a statute or a general law.
Every law has in its favor the presumption of constitutionality
Effects of Declaration of
Unconstitutionality
(1) Orthodox view – unconstitutional act is not a law,
confers no act, imposes no duty, affords no
protection, creates no office and inoperative as if it
had not been passed.
(2) Modern view – courts simply refuse to recognize
the law and determine the rights of the parties as if
the statute prior to its declaration of
unconstitutionality may be recognized
Partial Unconstitutionality
Requisites:
(1) Legislature must be willing to retain the valid
portions usually shown by the presence of a
separability clause
(2) Valid portion can stand independently as a law.
c.f: C. Judicial Restraint for more details
B. Safeguards of Judicial Independence
Constitutional Safeguards that guarantee independence of
Judiciary:
(1) The SC is a constitutional body and may not be abolished
by law;
(2) The members of the SC are removable only by
impeachment;
(3) The members of the judiciary are not subject to
confirmation by the CA
(4) The SC may not be deprived of minimum original
and appellate jurisdiction; appellate jurisdiction may
not be increased without its advice and concurrence;
(5) The appellate jurisdiction of the SC may not be increased
by law without its advice and concurrence
(6) The SC has administrative supervision over all inferior
courts and personnel;
(7) The SC has the exclusive power to discipline
judges/justices of inferior courts;
(8) The members of the Judiciary have security of tenure;
(9) The members of the SC may not be designated to any
agency, performing quasi- judicial or administrative
functions;
(10) Salaries of judges may not be reduced; the Judiciary
enjoys fiscal autonomy;
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POLITICAL LAW CONSTITUTIONAL LAW 2

(11) The SC alone may initiate Rules of Court; 4. Impossibility of a court’s undertaking
(12) The SC alone may order temporary detail of judges; independent resolution without expressing lack of the
(13) The SC can appoint all officials and employees of the respect due coordinate branches of government;
Judiciary.
(14) The judiciary shall enjoy fiscal autonomy. 5. An unusual need for unquestioning adherence to
a political decision already made; and

6. Potential embarrassment from multifarious

pronouncements by various departments on one
question.
C. JUDICIAL RESTRAINT
The judiciary will not interfere with its co-equal branches
when:
a. There is no showing of grave abuse of discretion D. Appointment to the Judiciary
b. The issue is a political question
Qualifications: Of proven Competence, Integrity, Probity
and Independence (CIPI) In addition:
Qualification
Position
Judicial Privilege Citizenship Age Others
SC
Judicial privilege is a form of deliberative process privilege Justices
because certain court records which are considered pre- Congress
decisional and deliberative in nature are protected and Natural –
40 may
cannot be the subject of a subpoena. CA Born
prescribe
Justices
other
Judicial Privilege is an exception to the general rule of qualifications
transparency as regards access to court records. RTC Has been
35
Judges engaged in
Court deliberations are traditionally considered privileged the practice
communication. of law for at
least 5 years
or has held
MTC, Citizen
Political Question Doctrine public office
MeTC, Only
30 in the
General Rule: The court will not take cognizance of the MCTC
Philippines
case Judges
requiring
admission to
The term “political question” refers to: the practice
1. Matters to be exercised by the people in their of law
primary political capacity; or
2. Those specifically delegated to some other
department or particular office of the government,
with discretionary power to act. It is concerned
with issues dependent upon the wisdom, not Procedure for Appointment:
legality, of a particular measure. (Tañada v.
1. Appointed by the President from among a list of at
Cuenco (1957))
least 3 nominees prepared by the Judicial and Bar
Council (JBC) for every vacancy.
Note: When grave abuse of discretion is committed even by
2. For lower courts, President shall issue the
the highest executive authority, the judiciary should not
appointment 90 days from submission of the list.
hide behind the political questions doctrine.

Tenure of Justices and Judges:

Guidelines for determining when a question is political
 Supreme Court - Hold office until they reach the
(Baker v. Carr (369 US 186)):
age of 70 or become incapacitated to discharge
1. There is a textually demonstrable constitutional
their duties. They may be removed only through
commitment of the issue to a political department;
impeachment.
 Lower Courts - Hold office during good behavior
2. Lack of judicially discoverable and manageable
until they reach the age of 70 or become
standards for resolving it;
incapacitated to discharge their duties.
3. The impossibility of deciding without an initial
policy determination of a kind clearly for non-judicial
discretion;

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POLITICAL LAW CONSTITUTIONAL LAW 2

Judicial and Bar Council a majority of the actual membership of the court en
banc; and
(h) All other cases as the court en banc by a majority of
Composition its actual membership may deem of sufficient
importance to merit its attention.
1. Ex-Officio Chairman—Chief Justice of the Supreme Court
2. Ex-Officio Members —Secretary of Justice
3. Secretary de Officio—Clerk of the Supreme Court
2. Jurisdiction of the Supreme Court

Appointment
The President shall appoint regular members for a 4-year
term with the consent of the Commission on Appointments a. Original Jurisdiction of the Supreme Court:
1. Cases affecting ambassadors, other public ministers
and consuls;
Powers and FUNCTIONS: 2. Petition for certiorari
3. Petition for prohibition
1. Recommend appointees to the Judiciary;
4. Petition for mandamus
2. Recommend appointees to the Office of the Ombudsman
5. Petition for quo warranto
and his 5 Deputies;
6. Petition for habeas corpus
3. May exercise such other functions as may be assigned by
the Supreme Court.
Original Jurisdiction (Art. VIII, Sec. 5(2)) – on appeal or
certiorari (as the Rules of Court provide), SC may review,
revise, reverse, modify, or affirm final judgments and
orders of lower courts in:
E. Supreme Court  Cases involving the constitutionality or validity of
any treaty, international or executive agreement,
Composition: Chief Justice and 14 Associates Justices law, presidential decree, proclamation, order,
instruction, ordinance, or regulation
May sit:  Cases involving the legality of any tax, impost,
 En Banc; or assessment, or toll, or any penalty imposed in
 In its discretion, in divisions of 3, 5, or 7 members relation thereto
 Cases in which the jurisdiction of any lower court
Any vacancy shall be filled within 90 days from occurrence is in issue
thereof.  Criminal cases where the penalty imposed is
reclusion perpetua or higher.
 Cases where only a question of law is involved.
1. Cases to be heard by the SC En Banc:
(a) Cases in which the constitutionality or validity of
any treaty, international or executive agreement,
Period for Deciding Cases
law, executive order, or presidential decree,
proclamation, order, instruction, ordinance, or (Art. VIII, Sec. 15(1))
regulation is in question;
(b) Cases raising novel questions of law;
Supreme Lower Collegiate Other Lower
(c) Cases affecting ambassadors, other public ministers
Court Courts Courts
and consuls;
(d) Cases involving decisions, resolutions or orders of 3 months, unless
12 months, unless
the Civil Service Commission, Commission on 24 months reduced by the
reduced by the SC
Election, and Commission on Audit; SC
(e) Cases where the penalty to be imposed is the
dismissal of a judge, officer or employee of the Note: The Sandiganbayan has 3 months to decide on
judiciary, disbarment of a lawyer, or either the its cases because it is considered as a trial court.
suspension of any of them for a period of more than
one (1) year or a fine exceeding ten thousand pesos
(P10,000.00) or both; Original Jurisdiction
(f) Cases where a doctrine or principle laid down by
the court en banc or in division may be modified or (a) Over cases affecting ambassadors, other public
reversed; ministers and consuls;
(g) Cases assigned to a division which in the opinion of (b) Over petition for Certiorari, Prohibition,
at least three (3) members thereof merit the mandamus, Quo Warranto, and Habeas Corpus
attention of the court en banc and are acceptable to

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POLITICAL LAW CONSTITUTIONAL LAW 2

(c) Review of factual basis for the declaration of
martial law or suspension of the privilege of writ
of habeas corpus
b. Temporary assignment of judges of lower courts
to other stations as public interest may require
Not to exceed 6 months without the consent of the
judge concerned.

b. Appellate Jurisdiction
Over final judgments and orders of lower courts in: c. Order change of venue or place of trial, to avoid
(a) All cases in which constitutionality or validity of miscarriage of justice
any treaty international or executive agreement,
law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question;
(b) All cases involving the legality of any tax impost, d.. Power of Appointment
assessment, or toll, or any penalty imposed in SC appoints all officials and employees of the
relation thereto; Judiciary in accordance with Civil Service law.
(c) All cases in which the jurisdiction of any lower
courts is in issue;
(d) All criminal cases in which the penalty imposed
e. Yearly Report
is reclusion perpetua or higher; and
(e) All cases in which only a question of law is Within 30 days from the opening of each regular
involved. session of Congress, SC shall submit to the President
and Congress an annual report on the operation and
activities of the Judiciary. (Section 16, Art. VIII)

3. Procedural Rule-making power

Promulgates rules concerning:
(a) Protection and enforcement of constitutional rights;
CONSTITUTIONAL COMMISSIONS
(b) Pleading, practice, and procedure in all courts;
(c) Admissions to the practice of law;
(d) IBP; and
(e) Legal assistance to the underprivileged.

Limitations on rule-making power:

(a) Provide a simplified and inexpensive procedure for
speedy disposition of cases; Independent Constitutional Commissions:
(b) Uniform for all courts of the same grade;
(c) Shall not diminish, increase or modify substantive rights
(1) Civil Service Commission (Art IX-B)
(2) Commission on Elections (Art. IX-C)
(3) Commission on Audit (Art. IX-D)
4. Power of Administrative Supervision
SC shall have administrative supervision over all courts and
personnel thereof.
A. Safeguards that guarantee the independence
Administrative proceedings before the SC are confidential of the Commissions
in nature in order to protect the respondent therein who
may turn out
be innocent of the charges; it can take years to build a
(1) They are constitutionally created; may not be abolished
reputation and only a single accusation, although
by a statute;
unfounded, to destroy it.2
(2) Each is conferred certain powers and functions which
cannot be reduced by statute;
(3) Each expressly described as independent;
5. Other powers (4) Chairmen and members are given fairly long term of
office for seven (7) years;
(5) Chairmen and members cannot be removed except by
a. Electoral Tribunal for Presidential and Vice-
impeachment;
Presidential Contests (6) Chairmen and members may not be reappointed or
over all contests relating to the election, return and appointed in an acting capacity;
qualification of the President or Vice- President. (7) Salaries of chairmen and members are relatively high
and may not be decreased during continuance in office;
(8) Commissions enjoy fiscal autonomy;

2 Godinez vs. Alano, A.M. RTJ-98-1409, February 18, 1999

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POLITICAL LAW CONSTITUTIONAL LAW 2

(9) Each commission may promulgate its own procedural (a) Entrance based on merit and fitness to be determined by
rules; competitive examination or based on highly technical
(10) Chairmen and members are subject to certain qualification;
disqualifications calculated to strengthen their integrity; (b) Opportunity for advancement; and
and (c) Security of tenure.
(11) Commissions may appoint their own officials and
employees in accordance with Civil Service Law. Kinds of Career Service:
 Open Career Positions—prior qualification via
examination; Closed Career Positions—those
highly technical position;
B. Prohibited offices and interests  Career Executive Service—Undersecretaries,
Bureau Directors;
No member of a Constitutional Commission shall, during his  Career Officers—those appointed by the President
tenure: like those in the Foreign Service;
 Hold any other office or employment;  Commissioned Officers and enlisted men of the
 Engage in the practice of any profession; AFP—governed by separate merit system;
 Engage in the active management and control of  Personnel of GOCCs — whether performing
any business which in any way may be affected by governmental or proprietary functions, with
the functions of his office; and original charters; and
 Be financially interested, directly or indirectly, in  Permanent laborers—whether skilled, semi-
other contract with, or in any franchise or privilege skilled, or unskilled.
granted by the government, any of its subdivision,
agencies or instrumentalities, including GOCCs or
their subsidiaries. (Sec. 2, Art. IX) II. on-Career Service
characterized by:
(a) Entrance on bases other than those of the usual tests of
C. Powers, JURISDICTION, and functions of merits and fitness utilized for the career service; and
(b) Tenure which is limited to a period specified by law,
each commission which is co-terminus with that of the appointing
authority or subject to his pleasure, or which is limited
to the duration of a particular project for which purpose
employment was made.

Kinds of Non-Career:
Civil Service Commission  Elective official and their personal or confidential staff;
 Department heads and other officials of Cabinet rank
(1) Chairman; who hold positions at the pleasure of the President
Composition and their personal or confidential staff;
(2) Commissioners
(1) Natural-born citizen;  Chairmen and members of commissions and boards
(2) At least 35 years of age at the time with fixed terms of office and their personal or
of appointment; confidential staff;
(3) With proven capacity for public  Contractual personnel or those whose employment in
Qualifications the government is in accordance with a special contract
administration; and
(4) Not a candidate for any elective to undertake a specific work or job; and
position in the election  Emergency and seasonal personnel.
immediately preceding
Exceptions to the Requirement of Competitive
Term 7 years, without reappointment
Examinations
(1) Policy-determining Position — one charged with
laying down of principal or fundamental guidelines or
rules;
Scope of the Civil Service
(2) Primary Confidential Position — one denoting not
Embraces all branches, subdivisions, instrumentalities and only confidence in the aptitude of the appointee for
agencies of the Government, including government-owned the duties of the office but primarily close intimacy
and controlled corporations with original charters (Section which ensures freedom of intercourse without
2(1), Article IX-B) embarrassment or freedom from misgiving or betrayals
of personal trust on confidential matters of state, or
one declared to be so by the President upon
Classes of Service recommendation of the Civil Service Commission.
(3) Highly Technical Position — requires the appointee to
possess technical skill or training in the supreme or
i. Career Service superior degree.
characterized by:

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POLITICAL LAW CONSTITUTIONAL LAW 2

COMMISSION ON ELECTIONS (1)

(2)
Natural-born citizen;
At least 35 years of age at the time
of appointment;
(1) 1 Chairman; (3) CPA with at least ten (10) years
Composition
(2) 6 Commissioners auditing experience or members
(1) Natural-born citizen; of the Philippine Bar with at least
Qualifications
(2) At least 35 years of age at the time ten (10) years practice of law; at no
of appointment; time shall all members belong to
(3) With proven capacity for public the same position; and
administration; and (4) Not a candidate for any elective
(4) Not a candidate for any elective position in the election
Qualifications position in the election immediately preceding
immediately preceding Term 7 years, without reappointment
(5) Majority, including the Chairman,
must be members of the Philippine
Bar who have been engaged in the
practice of law for at least ten (10) Powers and Duties (Art. IX-D, Sec. 2):
years
(a) Examine, audit and settle all accounts pertaining to
Term 7 years, without reappointment revenue and receipts of, and expenditures or uses of
funds and property owned or held in trust or pertaining
to government;
Powers, Functions, AND JURISDICTION:
Post-audit basis (Art. IX-D, Sec.2):
(a) Enforce and administer law and regulations relative to 1. Constitutional bodies, commissions and offices;
the conduct of elections, plebiscite, initiative, 2. Autonomous state colleges and universities;
referendum or recall; 3. GOCCs with no original charters and their
(b) Exclusive original jurisdiction over all contests relating subsidiaries;
to election, returns and qualifications of all elective 4. Non-governmental entities receiving subsidy or
regional, provincial, and city officials; equity, directly or indirectly from or through the
(c) Exclusive appellate jurisdiction over all contests Government, which are required by law or the
involving elective municipal officials decided by the granting institution to submit such audit as a
RTC, or involving elective barangay officials by MTC; condition of subsidy or equity.
(d) Decide, except those involving right to vote, all (b) Keep general accounts of government and preserve
questions affecting elections, including the vouchers and supporting papers;
determination of number and location of polling places, (c) Authority to define scope of its audit and examination,
appointment of election officials and inspectors and establish techniques and methods required therefore;
registration of voters; and
(e) Deputize, with concurrence of President, law (d) Promulgate accounting and auditing rules and
enforcement agencies and instrumentalities for exclusive regulations, including those for preservation and
purpose of insuring free, orderly, honest, peaceful and disallowance.
credible elections.
(f) Register, after sufficient publication, political parties, D. REVIEW OF FINAL ORDERS, RESOLUTIONS, AND
organizations or coalitions which must present their DECISIONS
platform or program government; accredit citizen’s
arms; 1. RENDERED IN THE EXERCISE OF QUASI-JUDICIAL
(g) File upon verified complaint or motu proprio petitions FUNCTIONS
in court for inclusions or exclusions of voters; investigate
and, where appropriate, prosecute cases of violations of Thhe Commission shall have 60 days from the date of the
election laws; submission of the case for decision or resolution to decide
(h) Recommend to Congress effective measures to by a majority of its members. Any ruling or decision made
minimize election spending, limitation of places and by the Commission may be brought to the Supreme Court
prevent and penalize all forms of election frauds, on certiorari within 30 day from the receipt of the copy.
offenses, malpractice and nuisance candidates; and (Sec. 7, Art. IX-A).
(i) Submit to the President and Congress, comprehensive
reports on conduct of each election, plebiscite, initiative, Decisions
referendum or recall. Each commission shall decide by a majority vote of all its
members any case or matter brought before it within 60
days from the date of its submission for decision or
resolution (Art IX-A, Sec. 7)
COMMISSION ON AUDIT In resolving cases brought before it on appeal respondent
COA is not required to limit its review only to the grounds
(1) 1 Chairman; relied upon by a government agency’s auditor with respect
Composition
(2) 2 Commissioners to disallowing certain disbursements of public funds. Such

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POLITICAL LAW
would render COA’s vital constitutional power unduly
limited and thereby useless and ineffective. (Yap v. COA)
Certiorari Jurisdiction of the Supreme Court
The Court exercises extraordinary jurisdiction, thus, the
proceeding is limited only to issues involving grave abuse
of discretion resulting in lack or excess of jurisdiction, and
does not ordinarily empower the Court to review the
factual findings of the Commissions (Aratuc v. COMELEC
(1999))
2. RENDERED IN THE EXERCISE OF
ADMINISTRATIVE FUNCTIONS
 Each Commission shall appoint its own
officials in accordance with law (Art. IX-
A, Sec. 4)
 Each Commission En Banc may
promulgate its own rules concerning
pleadings and practices before it (supra,
Sec. 6)
 But these rules shall not diminish,
increase, or modify substantive rights.
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CONSTITUTIONAL LAW 2
CITIZENSHIP
A. Who are citizens of the Philippines
a. Citizens of the Philippines at the time of the
adoption of this Constitution;
b. Those whose fathers OR mothers are citizens of
the Philippines;
c. Those who elected to be citizens. This applies
only to :
 Those born before Jan 17, 1973 to Filipino
mothers; and
 Elect Philippine citizenship upon
reaching the age of majority
d. Those naturalized in accordance with law
As a matter of law, foundlings are as a class, natural-born
citizens. While the 1935 Constitution's enumeration is silent
as to foundlings, there is no restrictive language which
would definitely exclude foundlings either. No such intent
or language permits discrimination against foundlings. On
the contrary, all three Constitutions (1935, 1973, and 1987)
guarantee the basic right to equal protection of the laws. All
exhort the State to render social justice. (Poe-Llamanzares v.
COMELEC, G.R. No. 221697 (2016))
B. Public Officers who must be natural born
citizens
 President Art. VII, Sec. 2
 Vice President
 Members of Congress Art. VI, Sections 3 and 6
 Justices of the Supreme Court and lower collegiate
courts, Art. VIII, Sec. 7(1)
 Ombudsman and his deputies, Art. XI, Sec. 8
 Members of the Constitutional Commission, Art. IX,
B, Sec. 1 (1); C, Sec. (1); and D, Sec. 1(1)
 Members of the Central Monetary Authority, Art. XII,
Sec. 20
 Members of Commission on Human Rights Art. XIII,
sec. 17 (2)
 Former natural born citizens as transferees of private lands,
Art. XII
C. Modes of acquiring citizenship
1. By Birth
Jus soli
“Right of soil”; person’s nationality is based on the
place of birth
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POLITICAL LAW
Jus sanguinis –
“Right of blood”; person’s nationality follows that of
his/her natural parents. This is the principle adhered
to by the Philippines.
2. By Naturalization
Applicable Law: Commonwealth Act. 473
QUALIFICAtionS to be naturalized
(C.A. 473, Sec. 2)
(1) Not less than twenty-one years of age on the day of the
hearing of the petition;
(2) Resided in the Philippines for a continuous period of 10
years or more;
(3) Of good moral character; believes in the principles
underlying the Philippine Constitution; conducted
himself in a proper and irreproachable manner during
the entire period of his residence towards the
government and community
(4) Must own real estate in the Philippines worth P5,000 or
more OR must have lucrative trade, profession, or lawful
occupation;
(5) Able to speak or write English or Spanish or anyone of
the principal languages;
(6) Enrolled his minor children of school age in any of the
recognized schools where Philippine history,
government and civics are taught or prescribed as part
of the school curriculum, during the entire period of the
residence in the Philippines required of him.
When is the 10-year residence requirement reduced to 5
years? (Special Qualifications)
(C.A. 473, Sec. 3) – Any of the following will result to
reduction of 10-year period to 5 years
(1) Having honorably held office under the Government of
the Philippines or under that of any of the provinces,
cities, municipalities, or political subdivisions thereof;
(2) Established a new industry or introduced a useful
invention in the Philippines;
(3) Married to a Filipino woman;
(4) Engaged as a teacher in the Philippines in a public or
recognized private school not established for the
exclusive instruction of children of persons of a
particular nationality or race, in any of the branches of
education or industry for a period of 2 years or more;
(5) Born in the Philippines.
DISQUALIFICATIONS FROM BEING naturalized?
(C.A. 473, Sec. 4)
(1) Persons opposed to organized government or affiliated
with groups who uphold and teach doctrines opposing
all organized governments;
(2) Persons defending or teaching the necessity or propriety
of violence, personal assault, or assassination for the
success of their ideas;
(3) Polygamists or believers in polygamy;
Lasallian Commission on Bar Operations 2018
CONSTITUTIONAL LAW 2
(4) Persons convicted of crimes involving moral turpitude;
(5) Persons suffering from mental alienation or incurable
contagious diseases;
(6) Persons who during the period of their stay, have not
mingled socially with the Filipinos, or who have not
evinced a sincere desire to learn and embrace the
customs, traditions, and ideals of the Filipinos;
(7) Citizens or subjects of nations with whom the
Philippines is at war
(8) Citizens or subjects of a foreign country other than the
United States, whose laws do not grant Filipinos the
right to become naturalized citizens or subject thereof.
GROUDS FOR Denaturalization, Sec. 18
(C.A. 473, Sec. 18) – Upon the proper motion of the Solicitor
General or the provincial prosecutor, naturalization may be
cancelled when:
1. Naturalization certificate was fraudulently or illegally
obtained (See Po Soon Tek v. Republic, 60 SCRA 98 (1974))
2. If, within the five years next following the issuance, he
shall return to his native country or to some foreign
country and establish his permanent residence there
3. Remaining for more than one year in his native country
or the country of his former nationality, or two years in
any other foreign country, shall be considered as prima
facie evidence of his intention of taking up his permanent
residence in the same;
4. Petition was made on an invalid declaration of intention;
5. Minor children of the person naturalized failed to
graduate from the schools mentioned in sec. 2, through
the fault of their parents, either by neglecting to support
them or by transferring them to another school or
schools.
6. If he has allowed himself to be used as a dummy in
violation of the Constitutional or legal provision
requiring Philippine citizenship as a requisite for the
exercise, use or enjoyment of a right, franchise or
privilege.
Burden of Proof
The applicant must comply with the jurisdictional
requirements, establish his or her possession of the
qualifications and none of the disqualifications enumerated
under the law, and present at least two (2) character
witnesses to support his allegations. (Go v. Republic of the
Philippines, G.R. No. 202809 (2014))
Naturalization is never final and may be revoked if one
commits acts of moral turpitude. (Republic v. Guy (1982))
Judgment directing the issuance of a certificate of
naturalization is a mere grant of a political privilege and that
neither estoppel nor res judicata may be invoked to bar the
State from initiating an action for the cancellation or
nullification of the certificate of naturalization thus issued.
(Yao Mun Tek v. Republic (1971)
: Good moral character is an essential
requirement for one to be naturalized as a Filipino.
A deliberate falsehood amounting to perjury, as he
concealed his true status under oath and, likewise,
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POLITICAL LAW CONSTITUTIONAL LAW 2

shows petitioner’s wanton disregard for truth, In dual citizenship, such is not an automatic disqualification.
hence, lack of good moral character disabling him Filing of the Certificate of Candidacy is sufficient to
from acquiring Philippine citizenship. (Tak Ng v. renounce foreign citizenship to the effect that one declares
Republic, G.R. L-13017, December 23, 1959) under oath of maintenance, true faith and allegiance to the
The commission of a crime involving moral turpitude is a Constitution of the Philippines (Valles v. COMELEC (2000)).
bar for naturalization "Moral turpitude" has been defined as
an act of baseness, vileness, or depravity in the private and
social duties which a man owes his fellow men, or to society
in general, contrary to the accepted and customary rule of
right and duty between man and man (Traders & General
Ins. Co. v. Russell, Tex. Civ. App., 99 S.W. (2d) 1079) or E. Loss and Reacquisition of Citizenship
conduct contrary to justice, honesty, modesty, or good
morals (Marah v. State Bar of California, 210 Cal. 303, 291 P.
Art. IV, Sec. 3, Sec. 2 – GROUNDS:
583).
(1) Naturalization in a foreign country;
(2) Express renunciation or expatriation
Profiteering is an offense which involves moral turpitude
(3) Taking an oath of allegiance to another country upon
inasmuch as it affects the prices of prime commodities and
reaching the age of majority;
goes to the life of the citizens, especially those who are poor
(4) Marriage by a Filipino woman to an alien, if by the laws
and with hardly the means to sustain themselves. Hence,
of her husband’s country, she becomes a citizen thereof
conviction of said crime disqualifies a petitioner from
(5) Accepting a commission and serving in the armed forces
naturalization as a Filipino citizen.
of another country, unless there is an offensive/
defensive pact with the country, or it maintains armed
forces in RP with RP’s consent;
(6) Denaturalization;
D. Dual Citizenship AND DUAL (7) Being found by final judgment to be a deserter of the
AFP
ALLEGIANCE:

Reacquisition
R. A. No. 9189 – Overseas Voting Law
:=, There is no provision in the dual citizenship law - R.A. 9225 1. Naturalization
- requiring "duals" to actually establish residence and 2. 21 years of age
physically stay in the Philippines first before they can exercise 3. Be a resident for 6 months
their right to vote. On the contrary, R.A. 9225, in implicit 4. Have good moral character
acknowledgment that "duals" are most likely non-residents, 5. No disqualification
grants under its Section 5(1) the same right of suffrage as that 6. Repatriation- results in the recovery of the original
granted an absentee voter under R.A. 9189. It cannot be nationality
overemphasized that R.A. 9189 aims, in essence, to 7. Legislative Act
enfranchise as much as possible all overseas Filipinos who,
save for the residency requirements exacted of an ordinary
voter under ordinary conditions, are qualified to vote.”(
Nicolas- Lewis v. COMELEC 497 SCRA 649)
NATIONAL ECONOMY AND
DUAL ALLEGIANCE (Sec. 5, Art IV) PATRIMONY
Where a person simultaneously owes, by some positive act,
loyalty to 2 or more states;
 Not equivalent to dual citizenship;
 Examples The term “patrimony” pertains to heritage, and given the
- Aliens who are naturalized as Filipinos but history of the Manila Hotel, it has become a part of our
remain loyal to their country of origin; national economy and patrimony. Thus, the Filipino First
- Public officers who, while serving the policy provision of the Constitution is applicable. Such
government, seek citizenship in another provision is per se enforceable, and requires no further
country guidelines or implementing rules or laws for its operation.
 Such are disqualified from running for any (Manila Prince Hotel v. GSIS, (1990)
elective local position (Sec. 40d, Local Government
Goals:
Code)
 More equitable distribution of opportunities,
income, and wealth
DUAL CITIZENSHIP IN RE. DUAL ALLEGIANCE  Sustained increase in amount of goods and services
Once a candidate files his candidacy, he is deemed to have produced by the nation for the benefit of the people
renounced his foreign citizenship (Mercado v. Manzano  Expanding production as the key to raising the
(1999)) quality of life for all, especially the
underprivileged.

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POLITICAL LAW
A. Regalian doctrine
All lands of the public domain, waters, minerals, coal,
petroleum and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna
and other natural resources are owned by the State (Sec. 2,
Art. XII).
The State, being the owner of the natural resources, is
accorded the primary power and responsibility in the
exploration, development and utilization thereof. As such it
may undertake these activities through four modes:
(1) The State may directly undertake such activities;
(2) The State may enter into co-production, joint venture or
production-sharing agreements with Filipino citizens or
qualified corporations;
(3) Congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens; or
(4) For the large-scale exploration, development and
utilization of minerals, petroleum and other mineral oils,
the President may enter into agreements with foreign-
owned corporations involving technical or financial
assistance. (La Bugal-B’Laan Tribal Assn. v. Ramos (Jan.
2004))
Limits imposed on the concept of regalian doctrine under
Section 2, Article XII
 Only agricultural lands of the public domain may
be alienated.
 The exploration, development, and utilization of all
natural resources shall be under the supervision of
the State either by directly undertaking such
exploration, development, and utilization or
through co-exploration, joint venture, or
production-sharing agreements with qualified
persons or corporations.
 All agreements with the qualified private sector
maybe for only a period not exceeding twenty-five
years, renewable for another twenty-five years.
 The twenty-five year limit is not applicable to water
rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water
power, for which beneficial use may be the measure
and the limit of grant.
 The use and enjoyment of the marine wealth of the
archipelagic waters, territorial sea, and exclusive
economic zone shall be reserved for Filipino
citizens.
 Utilization of natural resources in rivers, lakes,
bays, and lagoons may be allowed on a small scale
to Filipino citizens or cooperatives—with priority
for subsistence fishermen and fish workers (Bernas,
The 1987 Philippine Constitution: A Complimentary
Reviewer)
Classification of the land of the public domain
Lands of the public domain are classified into agricultural,
forest or timber, mineral lands, and national parks.
Agricultural lands of the public domain may be further
classified according to the uses to which they may be
devoted (Sec. 3, Art. XII).
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CONSTITUTIONAL LAW 2
Rules on the disposition of agricultural lands of the public
domain
 Private corporations or associations may not acquire
alienable lands of the public domain.
 Qualified individuals (Filipinos) may acquire a
maximum of 12 hectares of alienable lands of public
domain by purchase, homestead or grant.
 Private corporations may hold alienable lands of the
public domain by lease up to a maximum of 1,000
hectares and for a period of twenty-five years renewable
for another twenty-five years.
 Qualified individuals (Filipinos) may lease land of the
public domains up to a maximum of 500 hectares (Sec. 3,
Art. XII).
Transfer of private lands to aliens
Save in cases of hereditary succession, no private lands shall
be transferred or conveyed except to individuals,
corporations, or associations qualified to acquire or hold
lands of the public domain. (Sec. 7, Art. XII)
Prohibition does not apply to ownership of other real
property
A foreigner may own a condominium unit because the
prohibition on aliens is only from acquiring land (see Hulst v.
PR Builders, G.R. No. 156364, September 25, 2008).
Public utility
A public utility is a utility corporation which renders service
to the general public for compensation. Its essential feature is
that its service is not confined to privileged individuals but is
open to an indefinite public. The public or private character
of a utility does not depend on the number of persons who
avail of its services but on whether or not it is open to serve
all members of the public who may require it (Iloilo Ice and
Cold Storage Co. v. Public Utility Board, 44 Phil. 551)
B. franchises, authority, and certificates for
public utilities
Franchise, certificate or any other form of authorization for
the operation of public utilities- ONLY to citizens of the
Philippines or corporations at least 60% of whose capital is
Filipino-owned. (Art. VII, Sec 11)
Congress does not have the exclusive power to issue
franchises. Administrative bodies may be empowered by law
to do so (Albano v. Reyes, 175 SCRA 264)
Public utility
Business or service engaged in regularly supplying the public
with some commodity or service of public consequence. A
joint venture falls within the purview of an “association”
pursuant to Sec. 11, Art. XII and must comply with the 60%-
40% Filipino-foreign capitalization requirement. (JG Summit
Holdings v. CA (2001)
a. Capital - the 60% requirement applies to both the
voting control and the beneficial ownership of the
public utility. Therefore, it shall apply uniformly,
separately, and across the board to all classes of
shares, regardless of nomenclature or category,
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POLITICAL LAW
comprising the capital of the corporation. (e.g. 60%
of common stock, 60% of preferred voting stock,
and 60% of preferred non-voting stock.) (Gamboa v.
Teves, G.R. No. 176579, October 9, 2012)
State polices on monopolies and restraint of trade. The State
shall regulate or prohibit monopolies when the public interest
so requires. No combinations in restraint of trade or unfair
competition shall be allowed (sec. 19, Art. XII).
State policy on the ownership of educational institutions.
Educational institutions, other than those established by
religious groups and mission boards, shall be owned solely
by citizens of the Philippines or corporations or associations
at least sixty per centum of the capital of which is owned by
such citizens. The Congress may, however, require increased
Filipino equity participation in all educational institutions.
The control and administration of educational institutions
shall be vested in citizens of the Philippines (Sec. 4(2), Art.
XIV)
C. Practice of Profession
The practice of all professions in the Philippines shall be
limited to Filipino citizens, save in cases prescribed by law.
(Art. XII, Sec. 14)
D. Monopolies, restraint of trade and unfair
competition
Monopolies
Although the Constitution enshrines free enterprise as a
policy, it nevertheless reserves to the Government the power
to intervene whenever necessary for the promotion of the
general welfare (Philippine Coconut Desiccators v. PCA
(1998))
b. Not per se prohibited by the Constitution but may
be permitted to exist to aid the government in
carrying on an enterprise or to aid in the
performance of various services and functions in
the interest of the public. Nonetheless, a
determination must first be made as to whether
public interest requires a monopoly. (Agan, Jr. v.
PIATCO (2003))
Central Monetary Authority
Functions:
(1) Provide policy directions in the areas of money, banking
and credit;
(2) Supervise the operation of banks;
(3) Exercise such regulatory powers as may be provided by
law over the operations of finance companies and other
institutions performing similar functions
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CONSTITUTIONAL LAW 2
Qualifications of the Governors:
(1) Natural-born Filipino;
(2) Known probity, integrity and patriotism;
(3) Majority shall come from the private sector
ORGANIZATION AND REGULATION OF
CORPORATIONS, PRIVATE AND PUBLIC
Art. XII, Sec. 6. The use of property bears a social function,
and all economic agents shall contribute to the common
good.
Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall
have the right to own, establish, and operate economic
enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common
good so demands.
Article XIII, Sec. 6. The state shall apply the principles of
agrarian reform or stewardship, whenever applicable in
accordance with law, in the disposition or utilization of
other natural resources including lands of the public
domain under lease or concession suitable to agriculture,
subject to prior rights, homestead rights of small settlers,
and the rights of indigenous communities to their ancestral
lands.
SOCIAL JUSTICE AND HUMAN RIGHTS
A. Concept
Social justice is “neither communism, nor despotism, nor
atomism, nor anarchy,” but the humanization of laws and
the equalization of social and economic forces by the State so
that justice in its rational and objectively secular conception
may at least be approximated. (Calalang v. Williams)
B. Commission on Human Rights - Powers and
Functions
(1) Investigate, o its own or on complaint by any party, all
forms of human rights violations involving civil and
political rights;
(2) Adopt its operational guidelines and rules and rules of
procedure, and cite for contempt for violations thereof in
accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of
human rights of all persons within the Philippines, as
well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the under-
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POLITICAL LAW
privileged whose human rights have been violated or
need protection
(4) Exercise visitorial powers over jails, prisons, or
detention facilities
(5) Establish a continuing program of research, education,
and information to enhance respect for the primacy of
human rights;
(6) Recommend to Congress effective measures to promote
human rights and to provide for compensation to
victims of violations of human rights, or their families
(7) Monitor the Philippine Government’s compliance with
international treaty obligations on human rights
(8) Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
evidence is necessary or convenient to determine the
truth in any investigation conducted by it or under its
authority;
(9) Request the assistance of any department, bureau, office,
or agency in the performance of its functions
(10) Appoint its officers and employees in accordance with
law; and
(11) Perform such other duties and functions as may be
provided by law
The most that may be conceded to the Commission in
the way of adjudicative power is that it may investigate, i.e.,
receive evidence and make findings of fact as regard claimed
human rights violations involving civil and political rights.
But fact finding is not adjudication, and cannot be likened to
the judicial function of a court of justice, or even a quasi-
judicial agency or official. (Carino v. CHR, G.R. No. 96681,
December 2, 1991
C. AGRARIAN REFORM
The basic law allows two (2) modes of land distribution: direct
and indirect ownership.
a. Direct transfer to individual farmers is the
most commonly used method by DAR and
widely accepted.
b. Indirect transfer through collective ownership
of the agricultural land is the alternative to
direct ownership of agricultural land by
individual farmers.
Sec. 4 EXPRESSLY authorizes collective ownership by
farmers. No language can be found in the 1987 Constitution
that disqualifies or prohibits corporations or cooperatives of
farmers from being the legal entity through which collective
ownership can be exercised.
By using the word collectively, the Constitution
allows for indirect ownership of land and not just outright
agricultural land transfer. This is in recognition of the fact that
land reform may become successful even if it is done through
the medium of juridical entities composed of farmers.
(Hacienda Luisita Inc. v. PARC (2011)
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CONSTITUTIONAL LAW 2
EDUCATION, SCIENCE, TECHNOLOGY,
ARTS, CULTURE, AND SPORTS
A. Academic Freedom
Four essential freedoms of a university:
(1) Who may teach;
(2) What may be taught;
(3) How it will be taught; and
(4) Who may be admitted to study
The right to discipline the student likewise finds
basis in the freedom “what to teach”. Indeed, while it is
categorically stated under the Education Act of 1982 that
students have a right “to freely choose their field of study,
subject to existing curricula and to continue their course
therein up to graduation,” such right is subject to the
established academic and disciplinary standards laid down
by the academic institution (DLSU Inc., v. CA, G.R. No.
127980, December 19, 2007)
Due process in disciplinary cases involving
students does not entail proceedings and hearings similar to
those prescribed for actions and proceedings in courts of
justice. Such proceedings may be summary and cross-
examination is not even an essential part thereof.
Accordingly, the minimum standards laid down by the
Court to meet the demands of procedural due process are:
(1) the students must be informed in writing of the nature
and cause of any accusation against them;
(2) they shall have the right to answer the charges against
them, with the assistance of counsel, if desired:
(3) they shall be informed of the evidence against them;
(4) they shall have the right to adduce evidence in their own
behalf and
(5) the evidence must be duly considered by the
investigating committee or official designated by the school
authorities to hear and decide the case. (PSBA v. Alcuaz, G.R.
No. 76353, May 1988)
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POLITICAL LAW CONSTITUTIONAL LAW 2

FUNDAMENTAL POWERS OF THE STATE

(A) Police Power

(B) Eminent Domain
(C) Power of Taxation

POLICE POWER

Police Power, defined

“The power vested in the legislature by the Constitution to
CONSTITUTIONAL make, ordain, and establish all manner of wholesome and
reasonable laws, statutes, and ordinances, either with

LAW II
penalties or without, not repugnant to the Constitution, as
they shall judge to be for the good and welfare of the
commonwealth, and of the subjects of the same.” (Bernas, S.J.
(2009). The 1987 Constitution of the Republic of the Philippines: A
commentary. Rex Printing Compnay, Inc.)

• State authority to enact legislation that may interfere

with personal liberty or property in order to promote the
general welfare. (Edu v Ericta, 35 SCRA 481, 1970)

Nature and Basis

“[It] is an inherent and plenary power which enables the
State to prohibit all that is hurtful to the comfort, safety, and
welfare of the society. (Ermita-Malate Hotel and Motel Operators
Assoc., Inc. v Mayor of Manila, GR No. L-24693, July 31, 1967)

“It is [also] the most pervasive, the lease limitable and the
most demanding of the three powers. It is the most essential,
insistent and least limitable, extending as it does “to all the
great public needs”. Hence, it may be exercised as long as it
has some relevant to the public welfare.

The justification is found in the ancient Latin maxims:

• Salus populi est suprema lex - the welfare of the people is
the supreme law.

• Sic utere tuo ut alienum non laedas - so use your own

property as not to injure another’s property. (Cruz,
Isagani)

Scope
a. General
“The most essential, insistent and the least limitable of
powers, extending as it does to all the great public needs.”
(Ichong v. Hernandez, 101 Phil. 1155, 1957)

• The police power is considered the most pervasive, the

least limitable, and the most demanding of the three
powers.

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POLITICAL LAW CONSTITUTIONAL LAW 2

• Police power rests upon public necessity and upon the • Through the “general welfare clause”, the lawmaking
right of the State and of the public to self-protection. For bodies on all municipal levels, including the barangay,
this reason, its scope expands and contracts with exercise police power. (Cruz)
changing needs. (Churchill v. Rafferty, 32 Phil. 580, 1915)
“The rigidity of the theory of separation of
b. Particular aspects
governmental powers has, to a large extent, been
The pervasive reach of police power has been used to justify
measures: (H-M-S-W) relaxed by permitting the delegation of greater
powers by the legislative and vesting a larger
(1) Public Health
(2) Public Morals amount of discretion in administrative and
(3) Public Safety
executive officials, not only in the executions of
(4) Public Welfare
laws, but also in the promulgation of certain rules
and regulations calculated to promote public
Limitations
interest.”. (Calalang v. Williams, 70 Phil. 726, 1940)
a. General
b. Due process
Basis: “no person shall be deprived of life, liberty or
property without due process of law” (Sec.1, Art III, EMINENT DOMAIN
CONST.)
c. Equal protection
Basis: “xxx Nor shall any person be denied of equal Eminent domain, defined
protection of law”
It is the power of the state to take or condemn private
property for public use upon payment of just compensation.
(Bernas)
Requisites for valid exercise
TWO STAGES OF EMINENT DOMAIN CASES
(1) Lawful subject or purpose 1. The determination of the authority of the plaintiff
The interests of the public generally, as to exercise the power of eminent domain and the
distinguished from those of a particular class, propriety of its exercise in the context of the facts
require the exercise of the police power involved in the suit
2. The determination by the court of the just
(2) Lawful means compensation for the property sought to be taken.
The means are reasonably necessary for the (Republic vs. Lim, GR no. 161656, June 29, 2005)
accomplishment of the purpose, and not unduly
oppressive upon individuals. (US v. Toribio, 15 Phil.
85, 1910)
Who may exercise the power of eminent domain?
[It] is lodged primarily in the national legislature, but its
Who may exercise police power? exercise may be validly delegated to other governmental
entities and, in fact, even to private corporations: (Bernas)
(1) Legislature
The police power is lodged primarily in the (1) Congress
national legislature. (2) President of the Philippines
(3) Municipal governments and other government
(2) Executive entities
By virtue of a valid delegation of legislative (4) Certain public corporations (i.e. NHA)
power; it may also be exercised by the President (5) Quasi-public corporations operating public utilities
and administrative boards.
• In the hands of Congress the scope of the power is
GENERAL RULE: Police power primarily lodged in the plenary. It is as broad as the scope of police power itself.
Legislative It can reach every form of property which the State
might need for public use.
EXCEPTION: Valid delegation to the President and
Administrative Bodies as well as the lawmaking bodies of • The delegated power of eminent domain of local
Municipal Corporation or LGUs. Once delegated, the agents governments is strictly speaking not a power of eminent
can exercise only such legislative powers as are conferred on but of inferior domain – a share merely in eminent
them by the lawmaking body. ( MMDA vs. Bel-Air Village domain. It is only as broad as the eminent authority
Association, GR no. 135962, March 27, 2000) would allow it to be.

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Requisites for the exercise of the power of eminent domain
1. Taking of private property
2. Said taking must be for public use
3. Payment of just compensation
Private property
General rule: Anything that can come under the dominion of
man is subject to expropriation, i.e.:
1. Real and personal properties
2. Tangible and intangible properties
Exceptions:
1. Money
Would be futile because of the requirement of just
compensation, which is usually in money.
2. Cause of action
“A personal right not reduced into possession but
recoverable by a suit at law; a right to receive, demand,
or recover a debt, demand or damages on a cause of
action ex contractu or for a tort or omission of duty”
Taking
In law, it has a broader connotation. It may include trespass
without actual eviction of the owner, material impairment of
the value of the property or prevention of the ordinary uses
for which the property was intended (Cruz).
Requisites of “Taking for Purposes of Eminent Domain” (Republic
v. Castellvi, 58 SCRA 336, 1974)
1. The expropriator must enter a private property.
2. The entrance into private property must be for
more than a momentary period.
3. The entry into the property should be under
warrant or color of legal authority.
4. The property must be devoted to public use or
otherwise informally appropriated or injuriously
affected.
5. The utilization of the property for public use must
be in such a way as to oust the owner and deprive
him of beneficial enjoyment of the property.
MEANING OF TAKING (AD-MI-C-O)
1. The owner is actually deprived or disposed of the
property.
2. There is practical destruction or material
impairment of the value of his property
3. The owner is deprived of jurisdiction, supervision
and control of his property
4. The owner is deprived of the ordinary use of his
property (Republic vs. Sandiganbayan, GR no 157847,
August 25, 2005).
WHEN IS THERE CONSTRUCTIVE TAKING?
When there is destruction, restriction, diminution or
interruption of the rights of the ownership or of the common
and necessary and enjoyment of the property in a lawful
manner, lessening or destroying its value (National Power
Corporation vs. Heirs of Macabangkil Sangkay, GR no. 1655828,
August 24, 2011).
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Public Use
Means public usefulness, utility, or advantage, or what is
productive of general benefit (Bernas).
• As long as public has right of use, whether exercised by
one or many members of the public, a public advantage
or public benefit accrues sufficient to constitute a public
use (Black’s Law Dictionary, as cited in Mañosca v. CA, 252
SCRA 412, 1997).
• If the genuine public necessity disappears, then there is
no more cogent point for the government’s retention of
the expropriated land (Vda de Ouano vs. Republic, GR No.
168770, February 9, 2011).
• When exercised by the Congress, the question of genuine
necessity is a political question which the courts cannot
resolve. When it is delegated, the grant of such special
authority for special purpose is still a political question.
Hence, it is a justifiable question that can be resolved by
the courts (City of Manila vs. Chinese Community of Manila,
GR no. L-14355, October 31, 1919).
Just Compensation
The just and complete equivalent of the loss which the owner
of the thing expropriated has to suffer by reason of the
expropriation (Bernas).
Expressed differently, the compensation given to the owner is
just if he receives for his property a sum equivalent to its
“market value.” While market value may be one of the bases
in determining just compensation, the same cannot be
arbitrarily arrived at without considering the factors to be
appreciated in arriving at the fair market value of the
property. e.g. cost of acquisition, the current value of like
properties, size, shape, location, tax declaration (Landbank v.
Wycoco, GR No. 140160, January 13, 2004).
FAIR MARKET VALUE
The price that may be agreed upon by the parties who are
willing but are not compelled to enter into a contract of sale.
Otherwise stated, it is the price prepared to be paid by a party
who is willing, but not compelled to purchase the property,
and the price by which the seller is willing to par with, but not
compelled, to sell the property (National Power Corporation vs.
Dela Cruz, GR no. 16093, February 2, 2007).
Point of reference for assessing the value of a piece of
property
General Rule: The value of the property sought to be taken at
the time of the filing of the complaint for expropriation which
generally coincides with the taking shall be the basis for just
compensation;
But:
1. When filing of the case comes later than the
taking and the value of the property has
increased because of the use which the
expropriator has put it, the value is that of the
time of the earlier taking.
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POLITICAL LAW
2. If the value increases independently of what
the expropriator did, the value is that of the
later filing.
CONSEQUENTIAL DAMAGE
It consists of injuries directly caused on the residue of the
private property taken by the reason of expropriation (Cruz).
EFFECT OF DELAY IN PAYMENT
The government is expected to immediately pay as directed.
• The trial court is directed to seize any patrimonial
property or cash savings of the province in the
amount necessary to implement the decision
(Provincial Government of Sorsogon vs. Villaroya, GR
no. L-64037, August 27, 1987).
• The owner is entitled to payment of interest, if
claimed; otherwise, interest is deemed waived
(Urtula vs. Republic, GR no L-22061, January 31,
1968).
EFFECT OF NON-PAYMENT
General Rule: The non-payment of just compensation does
not entitle the private landowner to recover possession of
expropriated lots.
Exception: In cases where the government failed to pay just
compensation within five (5) years from the finality of the
judgment in the expropriation proceedings, the owners
concerned shall have the right to recover possession of their
property (Republic vs. Lim).
The power of eminent domain could be used as an
implementation of the police power
• Where the owner is unwilling to sell, the power of
eminent domain will come into play to assert the
paramount authority of the State. Private rights must
yield to the demand of public interest on the time
honored justification, as in the case of police power, that
the welfare of the people is the supreme law (Association
of Small Landowners v. Sec. of Agrarian Reform, 175 SCRA
343).
“Mere Regulation” versus “Taking”
Regulation Taking
Exercise of Police Power Power of Eminent
power Domain
Compensation Not required Prescribed by
Constitution
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Regulation Taking
Purpose Appropriated for Prevent injury to
use by or for the public welfare and
benefit of the to public interest
public
For local
government,
including the
benefits to the
poor and landless
DUE PROCESS
Property owned must be given an opportunity to be heard in
the determination of the fair market value of the property (Sec
3, Rule 67, ROC).
REQUISITES OF EXERCISE OF EMINENT DOMAIN BY
LGU’S (Municipality of Paranaque vs. VM Realty Corp, GR no
127820, July 20, 1998) (O-PU-JC-O)
(1) Ordinance by the local legislative council authorizing
the local chief executive to exercise the power of eminent
domain
(2) For public use, purpose or welfare or for the benefit of
the poor and of the landless
(3) Payment of just compensation; and
(4) Valid and definite offer has been previously made to the
owner of the property sought but such offer was refused
• The power of eminent domain as exercised by the
LGUS is not strictly speaking, a power of eminent
domain. It is merely a power of inferior domain
which means that local government units can only
exercise such power which is delegated to it
(Suarez).
• The power of the eminent domain may be
exercised by LGUs for urban and reform purposes
but expropriation of privately owned lands must
be resorted to only after all other lands has been
exhausted (Sec 10, RA 7279).
TAXATION
Taxation; defined
It is the power by which the sovereign, through its law-
making body, raises revenue to defray the necessary expenses
of government. It is a way of apportioning the costs of
government among those who in some measure are
privileged to enjoy its benefits and must bear its burdens.
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Nature
Enforced proportional contributions from persons and
property, levied by the State by virtue of its sovereignty, for
the support of government and for all public needs (Cooley,
Taxation, 4th ed.).
Extent
The extent of the taxing power is as broad as the purpose for
which it is given (Bernas).
• Reaches every trade or occupation, to every object of
industry, use or enjoyment, to every species of
possession (Cooley).
• So pervasive is the power of taxation that it reaches even
the citizen abroad and his income earned from sources
outside his State (Cruz).
PURPOSE:
 To raise revenue
 Tool for regulation
 Protection/ power to keep alive
Inherent limitations
Found in the very nature of the power itself, these include:
1. Public purpose
2. Non-delegability
3. Exemption of government from taxation
4. Situs of taxation
5. International comity
Constitutional limitations
Those expressly found in the Constitution, or implied
from its provisions. These include:
(1) Taxes should be uniform and equitable (Section.
28(1), Art. VI)
(2) Power to tax exists for the general welfare; should
be exercised only for a public purpose (Section.
28(2), Art. VI)
(3) Might be justified as for public purpose even if the
immediate beneficiaries are private individuals
(4) Tax should not be confiscatory: If a tax measure is
so unconscionable as to amount to confiscation of
property, the Court will invalidate it. But
invalidating a tax measure must be exercised with
utmost caution; otherwise, the State’s power to
legislate for the public welfare might be seriously
curtailed
Double Taxation
There is double taxation when additional taxes are laid on the
same subject by the same taxing jurisdiction during the same
taxing period and for the same purpose (Cooley).
• There is no provision in the Constitution specifically
prohibiting double taxation. Our Supreme Court has not
categorically held that double or multiple taxation is
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CONSTITUTIONAL LAW 2
prohibited in our jurisdiction. Despite the lack of a
specific prohibition, however, double taxation will not
be allowed if it results in a violation of the equal
protection clause (Cruz).
Impairment of obligation of contracts
The State’s inherent power of taxation may validly limit the
impairment clause.
• Generally, the imposition of a tax does not alter the
relationship between the parties but only the
relationship between the parties and the State who may
not be a party to the contract.
• It has been held that a lawful tax on a new subject, or an
increased tax on an old one, does not interfere with a
contract or impairs its obligation within the meaning of
the Constitution.
Tax exemptions
May either be constitutional or statutory in nature
Limitations to creating tax exemptions
Inherent to the power to tax is the power to exempt from tax.
Hence, the same general and specific limitations on the power
to tax also apply to the power to create exemptions (Bernas).
• Unlike the ordinary legislation, tax measures
require absolute majority of the entire composition
of both houses of congress, voting separately. The
former requires only majority of members present
as long as there is a quorum
Rationale to strict construction of tax exemptions
Reason for Sec. 28(4), Art. VI of the 1987 Constitution:
• Tax exemptions should not be lightly extended since
they will represent a loss of revenue to the government.
• Where tax exemption is granted gratuitously, it may be
validly revoked at will, with or without cause.
• If the exemption is granted for valuable consideration, it
is deemed to partake of the nature of a contract and the
obligation thereof is protected against impairment.
Power of taxation as a legitimate police power objective
• It is inherent in the power to that a state be free to select
the subjects of taxation, and it has been repeatedly held
that “inequities which result from singling out of one
particular class for taxation or exemption infringe no
constitutional limitation.” Taxation has been made the
implement of the state’s police power (Tio v. Videogram
Regulatory Board, 151 SCRA 208).
ENTITIES AND MATTER EXEMPT FROM SOME KIND OF
TAXES BY THE CONSTITUTION
1. Charitable institution, churches, and personages or
convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, building, and improvements
actually, directly, and exclusively used for religious,
charitable or educational purposes (Sec. 28(3), Article VI,
CONST).
NOTE: A gift tax is not a property tax, but an excise tax
imposed on the transfer of property by way of gift inter
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vivos, the imposition of which a property used Regulates liberty Affects only property rights
exclusively for religions purpose does not constitution and property
impairment of the constitution (Lladoc vs. Commissioner Power exercised by whom
of Internal Revenue, GR No. L-19201, June 16, 1965) Exercised only by the Maybe exercised
government by private
2. All revenues and assets of non-stock, non-profit entities if
educational institution used actually, directly and conferred by law
exclusively for educational purposes shall be exempt Nature of the property taken
from taxes and duties (Sec 4(3), Par 1, Article XIV, Property is Property is wholesome
CONST). noxious or
intended for a
3. Proprietary educational institution including those noxious purpose
cooperatively owned may likewise be entitled to such Compensation
exception subject to the limitation provided by the law
None, the None, the Just
(Sec 4(3), Aritcle XIV, CONST)
altruistic feeling protection Compensation.
that one has given and Full and fair
4. All grants endowments donation or contributions
contributed to the public equivalent of the
used actually, directly and exclusively for educational
public good. improvements property taken.
purpose shall be exempt from tax subject to conditions
instituted by
prescribed by law (Sec 4(4), Aritcle XIV, CONST).
the state
because of
e.g, RA 9304 which exempts minimum wage earners from
taxes.
paying income tax , increases tax exemption for all earners
Delegation
and allows additional exemptions for all earners and allows
GENERAL RULE: GENERAL [It] is lodged
additional exemptions for individuals with
Police power RULE: primarily in the
dependents/children.
primarily lodged Taxing power national
in the Legislative is non- legislature, but
delegable. its exercise may
FUNDAMENTAL POWERS OF THE STATE REQUISITES EXCEPTION: be validly
FOR VALID EXERCISE Valid delegation to EXCEPTION: delegated to
the President and (a) delegation other
Administrative to the governmental
POLICE EMINENT President of
TAXATION Bodies as well as entities and, in
POWER DOMAIN some tariff
the lawmaking fact, even to
(1) Lawful (1) Private Taxes should be: bodies of powers, and private
subject or property. (1) Uniform Municipal (b) Local corporations:
purpose (2) Genuine (same Corporation or government (Bernas)
Necessity. person/ LGUs. Once unit’s fiscal
(2) Lawful (3) For public class taxed delegated, the autonomy for
means use. at same agents can exercise their self
(4) Payment of rate) only such serving needs.
Just (2) Equitable legislative powers
Compensa- as are conferred on
tion. them by the
(5) Due Process lawmaking body. (
MMDA vs. Bel-Air
Village Association,
GR no. 135962,
SIMILARTITIES AND DIFFERENCES March 27, 2000)

SIMILARITIES NOTE: In the exercise of police power, the deprivation of the

(1) Inherent in the State (Exercised even without need of use of the property may be total, but it will not constitute
express constitutional grant) compensable taking if nobody else acquires use of the
(2) Necessary and indispensable (State cannot be effective property or any interest therein. (Dipidio Earth-Savers
without them) Multipurpose Association v. Gozun, G.R. No. 157882, March 30,
(3) Method by which state interferes with private property 2006)
(4) Presuppose some equivalent compensation
(5) Exercised primarily by the legislature If regulation is the primary purpose, the fact that revenue is
incidentally raised does not make the imposition a tax.
(Gerochi v. Department of Energy, 2007)
EMINENT
POLICE POWER TAXATION
DOMAIN
Extent of Power

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Taxes, as distinguished from special assessments

PRIVATE ACTS AND THE BILL OF RIGHTS

Tax Special Assessment

Imposed regardless of Imposed because of an
public improvements increase in value of land
benefited by public
improvement.
Contribution of a Contribution of a person for
taxpayer for the support the construction of a public
of the government improvement
Has general application Exceptional both as to time
both as to place and and locality
time
The Bill of Rights guarantee governs the relationship between
the individual and the State. Its concern is not the relation
between private individuals. What it does is to declare some
forbidden zones in the private sphere inaccessible to any
power holder (People v. Marti, G.R. No. 81561, Jan. 18, 1991).
Article III contains the chief protection for human rights but
the body of the Constitution guarantees other rights as well.
(1) Civil rights – rights that belong to an individual
by virtue of his citizenship in a state or community
(e.g. rights to property, marriage, freedom to
contract, equal protection, etc.)

If unpaid, the business or activity does not become
illegal.
Taxes, as distinguished from license fees
(2) Political rights – rights that pertain to an
individual’s citizenship vis-à-vis the management
of the government (e.g. right of suffrage, right to
petition government for redress, right to hold
public office, etc.)

(3) Social and economic rights – rights which are

intended to insure the well-being and economic
Tax License Fees security of the individual

(4) Rights of the accused – civil rights intended for

Levied to raise revenues
Amount to be collected is
unlimited provided it is not
confiscatory
Imposed on persons,
property, privilege,
occupation or business
If unpaid, the business or
activity does not become
illegal.
Imposed for regulatory
purposes in the exercise of
police power
Amount is invariably
limited to cover the
expenses of issuing the
license and the cost of the
necessary surveillance,
inspection or government
supervision
Imposed for the regulation
of lawful business or
occupation
If unpaid, the business or
activity itself can become
illegal
the protection of a person accused of any crime
The Bill of Rights is designed to preserve the ideals of liberty,
equality and security "against the assaults of opportunism,
the expediency of the passing hour, the erosion of small
encroachments, and the scorn and derision of those who have
no patience with general principles.” (Philippine Blooming
Mills Employees Organization v. Philippine Blooming Mills Co.,
Inc., 1973)
BASES AND PURPOSE
Bases:
(1) Importance accorded to the dignity and worth of
the individual.
(2) Protection against arbitrary actions of government
and other members of society
Purpose:
(1) To preserve democratic ideals
(2) To safeguard fundamental rights
(3) To promote the happiness of an individual

DUE PROCESS

DUE PROCESS – THE RIGHTS TO LIFE, LIBERTY &

PROPERTY

Due Process is a guaranty against any arbitrariness on the

part of the government, whether committed by the
legislature, the executive, or the judiciary (Cruz).

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CONSTITUTIONAL DUE STATUTORY DUE

(1) Life PROCESS PROCESS
(2) Liberty Protects the individual While found in the Labor
(3) Property from the government and Code and Implementing
assures him of his rights in Rules, it protects
Due process means that: criminal, civil or employees from being
administrative proceedings unjustly terminated
(1) There shall be a law prescribed in harmony with without just cause after
the general powers of the legislature; notice and hearing
(2) It shall be reasonable in its operation; (Agabon v. NLRC, G.R.
(3) It shall be enforced according to the regular No. 158693, Nov. 17,
methods of procedure prescribed; and 2004).
(4) It shall be applicable alike to all citizens of the State
or to all of a class (People v. Cayat, G.R. No. L-45987,
May 5, 1939).

1. RELATIVITY OF DUE PROCESS Due process in judicial proceedings

The concept of due process is flexible for not all situations
calling for procedural safeguards call for the same kind of
procedure. (Secretary of Justice v. Lantion, 2000)
Requisites
Flexibility of the concept of due process (Banco Español v. Palanca, 37 Phil 921)
To say that the concept of due process is flexible does not
mean that judges are at large to apply it to any and all (1) An impartial court or tribunal clothed with judicial
relationships. Its flexibility is in its scope once it has been power to hear and determine the matter before it;
determined that some process is due; it is a recognition that (2) Jurisdiction must be lawfully acquired over the person
not all situations calling for procedural safeguards call for the of the defendant or over the property which is the subject
same kind of procedure. (Morrissey v. Brewer, 1972) of the proceedings;
(3) The defendant must be given notice and opportunity to
2. PROCEDURAL AND SUBSTANTIVE DUE PROCESS be heard; and
(4) Judgment must be rendered upon lawful hearing.
Substantive due process
• The prohibition of arbitrary laws. Due process in administrative proceedings
• A guarantee against the exercise of arbitrary power even
when the power is exercised according to proper forms
and procedure.
Requisites
REQUISITES OF SUBSTANTIVE DUE PROCESS
(Ang Tibay v. CIR, 69 Phil 635)
1. The interests of the public in general, as
(1) The right to a hearing, which includes the right to
distinguished from those of a particular class, require the
present one’s own case and submit evidence in support
intervention of the state.
thereof;
2. The means employed are reasonably
(2) The tribunal must consider the evidence presented;
necessary for the accomplishment of the purpose and not
(3) The decision must have something to support itself;
unduly oppressive upon individuals.
(4) The evidence must be substantial;
(5) The decision must be based on the evidence presented at
Procedural due process the hearing, or at least contained in the record and
disclosed to the parties affected;
• Relates chiefly to the mode of procedure which
(6) The tribunal or body or any of its judges must act on its
government agencies must follow in the enforcement
own independent consideration of the law and facts of
and application of laws.
the controversy, and not simply accept the views of a
subordinate;
• It is “a law which hears before it condemns; which
(7) The board or body should, in all controversial questions,
proceeds upon enquiry, and renders judgment only after
render its decision in such manner that the parties to the
trial.”
proceeding can know the various issues involved, and
the reason for the decision rendered.
• Contemplates notice and opportunity to be heard before
judgment is rendered, affecting one’s person or
NOTE:
property. (Lopez v Dir. of Lands)
• The heart of procedural due process, whether in judicial
or administrative proceedings, is the need for notice and
3. CONSTITUTIONAL AND STATUTORY DUE
an opportunity to be heard.
PROCESS

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POLITICAL LAW
• The quantum of proof in administrative proceedings in
substantial evidence:
• Substantial evidence means “such reasonable evidence
as a reasonable mind might accept as adequate to
support a conclusion.”
• In administrative proceedings, technical rules of
procedure and evidence are not strictly applied and
administrative due process cannot be fully equated with
due process in its strict judicial sense. (Samalia v. CA, 454
SCRA 438)
REQUISITES OF STUDENT DISCIPLINE PROCEEDINGS
Student discipline proceedings may be summary and cross-
examination is not an essential part thereof. However, to be
valid, the following requirements must be met:
(1) Written notification sent to the student/s informing the
nature and cause of any accusation against him/her;
(2) Opportunity to answer the charges, with the assistance
of a counsel, if so desired;
(3) Presentation of one’s evidence and examination of
adverse evidence;
(4) Evidence must be duly considered by the investigating
committee or official designated by the school
authorities to hear and decide the case (Guzman v. NU,
G.R. No. L-68288, July 11, 1986).
(5) The penalty imposed must be proportionate to the
offense.
DUE PROCESS IN DEPORTATION PROCEEDINGS
Although deportation proceedings are not criminal in nature,
the consequences can be as serious as those of a criminal
prosecution. The provisions of the Rules of Court for
criminal cases are applicable (Lao Gi v. CA, GR. No. 81789,
Dec. 29, 1989.).
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) Suspension of a bank’s operations by the Monetary
Board upon a prima facie finding of liquidity problems
in such bank
Notice
• Due process, which is a rule of fairness, requires that
those who must obey a command must first know the
command.
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CONSTITUTIONAL LAW 2
• The rule on publication of laws prior to their effectivity
applies to:
(1) Statutes
(2) Presidential decrees and executive orders
promulgated by the President in the exercise of his
legislative powers as delegated by congress or
directly conferred by the Constitution
(3) Administrative rules and regulations, if their
purpose is to enforce or implement existing law
pursuant to a valid delegation.
• DOES NOT apply to interpretative regulations and to
those merely internal in nature.
“The publication of all presidential issuances of a public
nature or of general applicability is a requirement of due
process. It is a rule of law that before a person may be bound
by law, he must first be officially and specifically informed of
its contents.” (Tañada v. Tuvera, 136 SCRA 27)
Impartiality
The Supreme Court has repeatedly and consistently
demanded the cold neutrality of an impartial judge as the
indispensable imperative of due process. To bolster that
requirement, [SC] held that the judge must not only be
impartial but must also appear to be impartial as an added
assurance to the parties that his decision will be just. (Javier v.
COMELEC, 144 SCRA 194)
4. HIERARCHY OF RIGHTS
Human rights favored over property rights
When the Bill of Rights also protects property rights, the
primacy of human rights over property rights is recognized.
Because these freedoms are “delicate and vulnerable, as well
as supremely precious in our society” and the “threat of
sanctions may deter their exercise almost as potently as the
actual application of sanctions,” they “need breathing space
to survive,” permitting government regulation only “with
narrow specificity.” (Philippine Blooming Mills Employees
Organization v. Philippine Blooming Mills Co., Inc., 1973)
Running through various provisions of the Constitution are
various provisions to protect property—but always with the
explicit or implicit reminder that property has a social
dimension and that the right to property is weighted with a
social obligation.
5. JUDICIAL STANDARDS OF REVIEW
RATIONAL BASIS TEST
Government need only show that the challenged
classification is rationally related to serving a legitimate state
interest.
STRICT SCRUTINY TEST
Requires the government to show that the challenged
classification serves a compelling state interest and that the
classification is necessary to serve that interest.
There is compelling state interest when:
(1) The state have a compelling reason/interest to
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reach into such legislation infringing into the
private domain; and
(2) There is no other alternative
Strict scrutiny was applied in determining whether the
requirements of substantive due process were met in an
ordinance challenged in as unconstitutional in White Light.
The requirements of due process that must concur (as held in
the case) are:
(1) Interest of the public generally, as opposed to a
class;
(2) Means must be reasonably necessary for the
accomplishment of the purpose and not unduly
oppressive of private rights
(3) No other alternative less intrusive of private rights
(4) Reasonable relation must exist between the
purposes of the measure and the means employed
for its accomplishment. (White Light Corporation v.
City of Manila, 2009)
INTERMEDIATE SCRUTINY TEST
Requires government to show that the challenged
classification serves an important state interest and that the
classification is at least substantially related to serving that
interest.
Applies to suspect classifications
6. VOID-FOR-VAGUENESS DOCTRINE
• A statute is vague when it lacks comprehensible
standards that men of common intelligence must
necessarily guess at its meaning and differ in its
application.
• A vague statute is unconstitutional because:
(1) It violates due process for failing to accord persons
fair notice of what conduct to avoid;
(2) It leaves law enforcers unbridled discretion in
carrying out its provisions.
Overbreadth
A governmental purpose may not be achieved by means
which sweep unnecessarily broadly and thereby invade the
area of protected freedoms. Ordinances that go beyond what
is reasonably necessary to solve the problems. (Lucena Grand
Central v JAC Liner, 452 SCRA 174
EQUAL PROTECTION
1. CONCEPT
The guarantee of equal protection simply means “that no
person or class of persons shall be deprived of the same
protection of the laws which is enjoyed by other persons or
other classes in the same place and in like circumstance.”
(Tolentino v. Board of Accountancy, 90 Phil 83)
It is not absolute equality, but mere reasonable
classification is enough
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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 (Ichong v. Hernandez, 101 Phil 1155). It is an
established principle of constitutional law that the guaranty
of the equal protection of the laws is not violated by a
legislation based on reasonable classification. (People v.
Cayat, 68 Phil 12)
2. REQUISITES FOR VALID CLASSIFICATION
(S-G-L-E)
(1) Rest on substantial distinctions;
(2) Germane to the purpose of the law;
(3) Not limited to existing conditions only;
(4) Apply equally to all members of the same class (People
v. Cayat, supra).
SEARCHES AND SEIZURES
1. CONCEPT
• The constitutional guarantee is not a prohibition of all
searches and seizures but only of unreasonable searches
and seizures.
• It is also a guarantee against unlawful arrests and other
forms of restraint on the physical liberty of the person.
General Rule: Searches and seizures are unreasonable
Exception: Unless authorized by a validly issued search
warrant or warrant of arrest.
2. WARRANT REQUIREMENT; REQUISITES FOR A
VALID WARRANT
Conditions for issuance of Search Warrant
(1) It must be issued upon probable cause;
(2) Probable cause must be determined personally by
the judge himself;
(3) Judge must examine, under oath or affirmation, the
complainant and such witnesses as the later may
produce; and
(4) the warrant issued must particularly describe the
place to be searched and the persons or things to be
seized. (Pasion vda. de Garcia v. Locsin, 65 Phil 689)
Procedure to determine probable cause to search
• Mere affidavits of the complainant and his witnesses are
thus not sufficient. The examining Judge has to take
depositions in writing of the complainant and the
witnesses he may produce and attach them to the record.
Such written deposition is necessary in order that the
judge may be able to properly determine the existence or
non-existence of the probable cause, to hold liable for
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perjury the person giving it if it will be found later that
his declarations are false. (Mata v. Bayona, 128 SCRA 388)
• It is axiomatic that the examination must be probing and
exhaustive, not merely routinary or pro-forma, if the
claimed probable cause is to be established. (Roan v.
Gonzales, 145 SCRA 687)
Particular description of the things to be seized
A search warrant may be said to particularly describe the
things to be seized:
(1) when the description therein is as specific as the
circumstances will ordinarily allow;
(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 direct relation to the offense for which
the warrant is being issued. (Bache & Co. v. Ruiz, 37
SCRA 823)
Warrant must be specific in terms of description
A general warrant infringes on the constitutional mandate
requiring particular description of the things to be seized. It
considered null and void. (Nolasco v. Paño, 139 SCRA 152)
Sufficiency of description
A description of the place to be searched is sufficient if the
officer serving the warrant can, with reasonable effort
ascertain and identify the place intended and distinguish it
from other places in the community. A designation or
description that points out the place to be searched to the
exclusion of all others, and on inquiry unerringly leads the
police officers to it, satisfies the constitutional requirement of
definiteness (People v. Tee, 395 SCRA 419).
John Doe warrant
A “John Doe warrant” satisfies the requirement of
particularity of description when it contains a descriptio
personae such as will enable the officer to identify the accused.
(People v. Veloso, 48 Phil. 169)
CONDITIONS FOR Issuance of Arrest Warrant
Conditions that must concur for the issuance of the warrant
of arrest: (Samulde v. Salvani, Jr, 165 SCRA 734)
The investigating judge must:
(1) Have examined in writing and under oath the
complainant and his witnesses by searching
questions and answers;
(2) Be satisfied that a probable cause exists; and
(3) That there is a need to place the respondent under
immediate custody in order not to frustrate the
ends of justice.
NOTE:
• It is not obligatory, but merely discretionary, upon the
investigating judge to issue that warrant for the arrest,
even after having personally examined the complainant
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and his witnesses in the form of searching questions and
answers, for the determination of whether probable
cause exists and whether it is necessary to arrest the
accused in order not to frustrate the ends of justice, is left
to his sound judgment or discretion. (Samulde v. Salvani,
Jr., supra.)
• The evidence offered by the complainant and his
witnesses should be based on their own personal
knowledge and not on mere information or belief.
Hearsay is not allowed. (Cruz, p.148)
Personal knowledge
(1) The person to be arrested must execute an overt act
indicating that he had just committed, is actually
committing, or is attempting to commit a crime;
and
(2) Such overt act is done in the presence or within the
view of the arresting officer.
RTC judges need not personally examine complainant
It does not necessarily mean that the Constitution now
requires the judge to personally examine the complainant and
his witnesses in his determination of probable cause of the
issuance of the warrants. What the Constitution underscores
is the exclusive and personal responsibility of the issuing
judge to satisfy himself of the existence of probable cause. In
satisfying himself of the existence of probable cause for the
issuance of a warrant of arrest, the judge is not required to
personally examine the complainant and his
witnesses.(Soliven v. Makasiar, 167 SCRA 393)
Requisites for proper evaluation of an RTC judge
(1) The judge shall personally evaluate the report and
the 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 he finds no probable cause,
may disregard the fiscal’s report and require the
submission of supporting affidavits of witnesses to
aid him in arriving at a conclusion on the existence
of probable cause.
3. WARRANTLESS SEARCHES & SEIZURES
Exceptions to the requirement of a valid warrant:
(1) Search incident to a lawful arrest
(2) Search of a moving motor vehicle
(3) Seizure of evidence in plain view
(4) Search in violation of customs law (customs
searches)
(5) When the accused waived his rights against
unreasonable searches and seizure
(6) Stop-and-frisk situations
(7) Exigent circumstances
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Warrantless Search
The rule that searches and seizures must be supported by a
valid warrant is NOT AN ABSOLUTE RULE.
Exceptions to the warrant requirement:
(1) Search incident to a lawful arrest
(2) Search of moving vehicles
(3) Seizure of evidence in plain view
(4) Customs searches
(5) Where there is a waiver of right
(6) Stop and frisk situations
(7) Exigent and emergency circumstances
Incident to a Lawful Arrest
It is a general rule that, as an incident of an arrest, the place or
premises where the arrest was made can also be searched
without a search warrant. (Nolasco v. Paño, supra.)
• A lawful arrest must precede the search of a person and
his belongings. (People v. Chua, 396 SCRA 657)
• A warrantless search incidental to a lawful arrest may be
made only within the permissible area of search, or the
place within the immediate control of the person being
arrested.
Search of Moving Vehicles
The rules governing search and seizure have over the years
been steadily liberalized whenever a moving vehicle is the
object of the search on the basis of practicality. (Caballes v. CA,
373 SCRA 221)
Justification:
It is not practicable to secure a warrant because the vehicle can
be quickly moved out of the locality or jurisdiction in which
the warrant must be sought.
Limitations:
Mere mobility of vehicles, however, does not give the police
officers unlimited discretion to conduct indiscriminate
searches without warrants if made within the interior of the
territory and in the absence of probable cause. Still and all,
the important thing is that there was probable cause to
conduct the warrantless search, which must still be present in
such a case. (Caballes v. CA, supra.)
Seizure of Evidence in Plain View
Objects falling in the plain view of an officer who has a right
to be in the position to have that view are subject to seizure
and may be introduced in evidence. (Harris v. United States,
390 U.S. 234)
Requisites of the Plain View Doctrine
(1) the law enforcement officer in search of the
evidence has a prior justification for an intrusion
or is in a position from which he can view a
particular area;
(2) the discovery of evidence in plain view is
inadvertent;
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(3) it is immediately apparent to the officer that the
item he observes may be evidence of a crime,
contraband or otherwise subject to seizure. (People
v. Go, 411 SCRA 81)
Waiver of Right
The right to be secure from unreasonable search may, like
every right, be waived and such waiver may be made either
expressly or impliedly. However, the person must know of
such right an knowingly decide not to invoke it (Bernas).
• No waiver is to be presumed where the person merely
submits to the arresting officer in manifestation of his
respect for authority or where he allows entry into his
home as a sign of hospitality and politeness.
• Where implied acquiescence was not more than passive
conformity given under intimidating or coercive
circumstances, no consent to the illegal search or seizure
can be implied (Cruz).
“Stop-and-frisk”
The act of a police officer to stop a citizen on the street,
interrogate him, and pat him for weapon(s) or contraband.
(People v. Chua, supra.)
When an officer is justified in believing that the individual
whose suspicious behavior he is investigating at close range
is presently dangerous to him or to others, he may conduct a
limited protective search for concealed weapons. (Terry v.
Ohio, supra.)
Probable cause not required, but there must be a genuine
reason
While probable cause is not required to conduct a “stop and
frisk,” it nevertheless holds that mere suspicion or a hunch
will not validate a “stop and frisk” (Malacat v. CA, GR No.
132595). A genuine reason must exist, in light of the police
officer’s experience and surrounding conditions, to warrant
the belief that the person detained has weapons concealed
about him (Bernas).
Purpose: To allow the officer to pursue his investigation
without the risk of violence.
Two-fold interest of “Stop and Frisk” rule
(1) the general interest of effective crime prevention
and detection, which underlies the recognition that
a police officer may, under appropriate
circumstance and in an appropriate manner,
approach a person for purposes of investigating
possible criminal behavior even without probable
cause;
(2) the more pressing interest of safety and self-
preservation which permit the police officer to take
steps to assure himself that the person with whom
he deals is not armed with a deadly weapon that
could unexpectedly and fatally be used against the
police officer.
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4. WARRANTLESS ARRESTS
Instances when warrantless arrest by a peace officer or private
person may be valid: (Rule 113, Section 5, Rules of Court)
 IN FLAGRANTE DELICTO - When, in his presence,
the person to be arrested has committed, is actually
committing, or attempting to commit an offense;
 When an offense has in fact been committed and he
has personal knowledge of facts indicating that the
person to be arrested has committed it; and
The petitioners were not “caught in the act” does not make
the arrest illegal. Petitioners were found with young boys in
their respective rooms, in some cases naked. Under the
circumstances, the CID agents had reasonable ground to
believe that the petitioners had committed pedophilia.
(Harvey v. Defensor-Santiago)
 When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgment or temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another.
FRUIT OF A POISONOUS TREE DOCTRINE
If the arrest without a warrant is unlawful at the time it was
made, generally nothing that happened or was discovered
afterwards can make it lawful. The fruit of the poisonous tree
is necessarily also tainted. The Constitution itself mandates
that any evidence obtained in violation of the right is
inadmissible in evidence. Consequently, testimonies of the
arresting officers as to the admission made by the appellant
cannot be used against him. (People v. Burgos)
NOTE: Illegality of arrest may be cured when accused
voluntarily submitted to the jurisdiction of the court by
pleading not guilty without questioning the illegality of the
arrest. (People v Escordial)
Petitioners effectively waived the inadmissibility of evidence
illegally obtained when he failed to raise the issue during trial.
Issues not raised during trial cannot be pleaded for the first
time on appeal. (Manalili v. CA)
EFFECT OF BAIL
If one posts bail, one is estopped from questioning defects of
one’s arrest. (Velasco v CA)
5. ADMINISTRATIVE ARRESTS
General Rule: The requirement of probable cause
contemplates prosecutions essentially criminal in nature.
• Deportation proceedings are administrative in character.
It is never construed as a punishment. It is preventive,
not a penal process. It need not be conducted strictly in
accordance with ordinary court proceedings. (Harvey v.
Defensor-Santiago, 162 SCRA 840)
What is essential is:
a. there should be a specific charge against the
alien intended to be arrested and deported;
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b. that a fair hearing be conducted with the
assistance of counsel, if desired;
c. that the charge be substantiated by competent
evidence. (Harvey v. Defensor-Santiago, supra.;
Sec. 69, Revised Administrative Code)
Determination of probable cause
Determination of probable cause is to be made “personally by
the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce.”
Sec. 4, Rule 126 of the New Rules of Criminal Procedure
The judge must, before issuing the warrant, personally
examine in the form of searching questions and answers,
in writing and under oath the complainant and the
witnesses he may produce on facts personally known to
them and attach to the record their sworn statements
together with any affidavits submitted.
Probable cause across issuances
The existence of such facts and circumstances as would excite
the belief, in a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person charged was
guilty of the crime for which he was prosecuted (Buchanan v.
Vda. de Esteban, 32 Phil 363, 1915).
Probable cause for an arrest or for the issuance of a warrant
of arrest (Bernas)
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.
Probable cause for a search warrant (Bernas)
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 sought to be searched.
Power of Municipal Trial Judge
“The issuance of a warrant is not a mere ministerial function;
it calls for the exercise of judicial discretion on the part of the
issuing magistrate. x x x The judge must satisfy himself of the
existence of probably cause before issuing a warrant or order
of arrest.” (Placer v. Villanueva, 126 SCRA 463)
Preliminary investigation
 [It] is merely inquisitorial and is often the only means of
discovering whether a person may be reasonably
charged with a crime, to enable the prosecutor to prepare
his complaint or information. It may be waived
expressly, or by silence, or inaction. (Pilapil v.
Sandiganbayan, 221 SCRA 349)
 Preliminary examination is not an essential part of due
process of law. It may be conducted by the municipal
judge, prior to the issuance of the warrant of arrest,
either in the presence, or in the absence of the accused.
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 Preliminary inquiry is made by the judge to determine
probably cause for the issuance of a warrant of arrest.
 Preliminary investigation proper is made by the
prosecutor to ascertain whether the offender should be
held for trial or released.
• Depending on the circumstance of the case, the judge
may or may not rely on the fiscal’s evaluation. (Bernas,
p.181) The fiscal’s certification, however, does not bind
the judge. If on the face of the information the judge finds
no probably cause, he may disregard the fiscal’s
certification and require the submission of the affidavits
of witnesses to aid him in arriving at a conclusion as to
the existence of probably cause. (Placer v. Villanueva,
supra.)
What constitutes searching questions
Such questions as have tendency to show the commission of
a crime and the perpetrator thereof.
• What would be searching questions would depend on
what is sought to be inquired into x x x The points that
are subject of inquiry may differ from case to case. (Luna
v. Plaza, 26 SCRA 310)
Power of the Commissioner of Immigration
The Commissioner of Immigration is also given, by
legislative delegation, the power to issue warrants of arrests.
What May be Seized?
Sec. 3, Rule 126 of the New Rules of Criminal Procedure
Personal property to be seized. - A search warrant may be
issued for the search and seizure of personal property:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or fruits of
the offense; or
3. Used or intended to be used as the means of
committing an offense.
Exclusionary Rule
Sec. 3(2), Art. III, 1987 Constitution
(2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in
any proceeding.
Evidence obtained in violation of Art. III, Sec.2 shall be
inadmissible for any purpose in any proceeding. (Stonehill v.
Diokno, 20 SCRA 383)
4. Seizure is limited to those items particularly
described in a valid search warrant. Searching
officers are without discretion regarding what
articles they shall seize. Evidence seized on the
occasion of such an unreasonable search and
seizure is tainted and excluded for being the
proverbial “fruit of a poisonous tree.” (Del Rosario
v. People, G.R. No. 142295)
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5. To come under the exclusionary rule, however, the
evidence must be obtained by government agents
and not by private individuals acting on their own
(Bernas).
6. A private person or entity, however, may be held
liable for illegal search under Art. 32 of the New
Civil Code.
Civil Action for Damages
Art. 32 of the New Civil Code renders any public officer or
employee or any private individual liable in damages for
violating the Constitutional rights and liberties of another.
 Art. 32 speaks of an officer or employee or person
“directly” or “indirectly” responsible for the
violation of the Constitutional rights and liberties
of another. It is not the actor alone who must
answer for damages under Art. 32; the person
directly responsible has also to answer for the
damages or injury caused to the aggrieved party.
(Aberca v. Ver, 160 SCRA 590)
6. DRUG, ALCOHOL, AND BLOOD TESTS
The Court held that Randomized Drug Testing (RDT) for
students and employees does not violate the right to privacy
in the Constitution. Students do not have rational expectation
of privacy since they are minors and the school is in loco
parentis. Employees and students in universities, on the other
hand, voluntarily subject themselves to the intrusion because
of their contractual relation to the company or university.
But it is unconstitutional to subject criminals to RDT.
Subjecting criminals to RDT would violate their right against
selfincrimination.
It is also unconstitutional to subject public officials whose
qualifications are provided for in the Constitution (e.g.
members of Congress) to RDT. Subjecting them to RDT would
amount to imposing an additional qualification not provided
for in the Constitution. (SJS v. Dangerous Drugs Board, 2008)
PRIVACY OF COMMUNICATIONS AND
CORRESPONDENCE
BASIS
The right to privacy, or the right to be let alone, was
institutionalized in the 1987 Constitution as a facet of the right
protected by the guarantee against unreasonable search and
seizures. (But the Court acknowledged its existence as early as
1968 in Morfe v. Mutuc.)
The right to privacy exists independently of its identification
with liberty; it is in itself fully deserving of constitutional
protection. (Disini v. Secretary of Justice, 2014)
1. PRIVATE AND PUBLIC COMMUNICATIONS
Requisites of Existence of Privacy Right (Test of Reasonable
Expectation Of Privacy)
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(a) Subjective: A person has exhibited an actual expectation
of privacy; and
(b) Objective: The expectation be one that society is prepared
to recognize as reasonable. (Pollo v. Constantino-David, 2011)
What type of communication and correspondence does the
provision cover?
It covers letters, messages, telephone calls, telegrams, and the
like. It covers both tangible and intangible things (Bernas).
2. INTRUSIONS WHEN ALLOWED
(1) Upon lawful order of the Court
a. When public safety or order requires as
otherwise prescribed by law
(2) When the intrusion into the privacy of
communication and correspondence is made
without judicial order, it would have to be based
upon a non-judicial government official’s
assessment that public safety and order demands
such intrusion (Bernas).
RIGHT TO PRIVACY
The right to privacy is not absolute
The right of privacy or "the right to be let alone," like the right
of free expression, is not an absolute right. A limited intrusion
into a person's privacy has long been regarded as permissible
where that person is a public figure and the information
sought to be elicited from him or to be published about him
constitute of a public character. Succinctly put, the right of
privacy cannot be invoked to resist publication and
dissemination of matters of public interest. The interest
sought to be protected by the right of privacy is the right to be
free from unwarranted publicity, from the wrongful
publicizing of the private affairs and activities of an
individual which are outside the realm of legitimate public
concern (Ayer Productions Pty. Ltd. v. Capulong, G.R. No. 82380,
April 29, 1988).
Reasonable expectation of privacy test
This test determines whether a person has a reasonable
expectation of privacy and whether the expectation has been
violated.
In Ople v. Torres, we enunciated that “the reasonableness of
a person’s expectation of privacy depends on a two-part test:
1. Whether, by his conduct, the individual has exhibited an
expectation of privacy; and
2. This expectation is one that society recognizes as
reasonable.”
Customs, community norms, and practices may, therefore,
limit or extend an individual’s “reasonable expectation of
privacy.” Hence, the reasonableness of a person’s expectation
of privacy must be determined on a case-to-case basis since it
depends on the factual circumstances surrounding the case
(Ople v. Torres, G.R. No. 127685, July 23, 1998).
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Right to privacy in social media
A Facebook user who opts to make use of a privacy tool to
grant or deny access to his or her post or profile detail should
not be denied the informational privacy right which
necessarily accompanies said choice. Otherwise, using these
privacy tools would be a feckless exercise, such that if, for
instance, a user uploads a photo or any personal information
to his or her Facebook page and sets its privacy level at “Only
Me” or a custom list so that only the user or a chosen few can
view it, said photo would still be deemed public by the courts
as if the user never chose to limit the photo’s visibility and
accessibility. Such position, if adopted, will not only strip
these privacy tools of their function but it would also
disregard the very intention of the user to keep said photo or
information within the confines of his or her private space
(Vivares v. St. Theresa’s College, G.R. No. 202666, Sept. 29,
2014).
Prohibited Acts under the Anti-Wire Tapping Law (RA
4200) (2009 Bar)
(1) To tap any wire or cable, or by using any other
device or arrangement, to secretly overhear,
intercept, or record such communication or spoken
word by using a device commonly known as a
dictaphone or dictagraph or detectaphone or
walkie-talkie or tape recorder, or however
otherwise described by any person, not being
authorized by all the parties to any private
communication or spoken word
(2) To knowingly possess any tape record, wire record,
disc record, or any other such record, or copies
thereof, of any communication or spoken word
secured either before or after the effective date of
this Act in the manner prohibited by this law; or
(3) To replay the same for any other person or persons;
or
(4) To communicate the contents thereof, either
verbally or in writing, or
(5) To furnish transcriptions thereof, whether
complete or partial, to any other person.
NOTE: The law does not distinguish between a party to the
private communication or a third person. Hence, both a party
and a third person could be held liable under R.A. 4200 if they
commit any of the prohibited acts under R.A. 4200 (Ramirez
v. CA, G.R. No. 93833 Sept. 28, 1995).
Under Sec. 3 of RA 4200, a peace officer, who is authorized by
a written order of the Court, may execute any of the acts
declared to be unlawful in Sec. 1 and Sec. 2 of the said law in
cases involving the crimes of:
(1) Treason
(2) Espionage
(3) Provoking war and disloyalty in case of war
(4) Piracy and mutiny in the high seas
(5) Rebellion (conspiracy and proposal and inciting to
commit included)
(6) Sedition (conspiracy, inciting included)
(7) Kidnapping
(8) Violations of CA 616 (punishing espionage and
other offenses against national security)
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The use of telephone extension is not a violation of RA 4200
(Anti-WireTapping Law). The use of a telephone extension to
overhear a private conversation is neither among those
devices, nor considered as a similar device, prohibited under
the law (Gaanan v. IAC, G.R. No.L-69809 Oct. 16, 1986).
NOTE: Anti-Wiretapping Act only protects letters, messages,
telephone calls, telegrams and the like.
3. WRIT OF HABEAS DATA
Scope Of Writ
The Writ of Habeas Data is a remedy available to any person
whose right to privacy in life, liberty, or security is violated or
threatened by an unlawful act or omission of a public official
or employee, or of a private individual or entity engaged in
the gathering or storing of data or information regarding the
person, family, home, and correspondence of the aggrieved
party. (Section 1)
Who May File
The petition may be filed by:
(1) Any aggrieved party
(2) In cases of extralegal killings and enforced
disappearances, by:
a. Any member of the immediate family of
the aggrieved party, namely: the spouse,
children and parents; or
b. Any ascendant, descendant or collateral
relative of the aggrieved party within the
fourth civil degree of consanguinity or
affinity, in default of those mentioned in
the preceding paragraph;
Effects Of Filing A Criminal Action
(1) No separate petition for the writ shall be filed. The
relief under the writ shall be available to an
aggrieved party by motion in the criminal case.
(2) But the disposition of the reliefs available under the
writ of habeas data is governed by this rule.
Institution Of Separate Action
The filing of a petition for the writ of habeas data does not
preclude the filing of separate criminal, civil or administrative
actions.
Reliefs available in the petition for issuance of writ of
habeas data
(1) Updating, rectification, suppression or destruction
of the database or information or files kept by the
respondent;
(2) In case of threats of the unlawful act, the relief may
include a prayer for an order enjoining the act
complained of.
(3) A general prayer for other reliefs that are just and
equitable under the circumstances is also allowed.
When Writ of Habeas Data is not applicable
A writ of habeas data may not be issued to protect purely
property and commercial concerns nor when the grounds
invoked in support of the petitions therefore are vague or
doubtful.
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NOTE: It bears reiteration that like the writ of amparo, habeas
data was conceived as a response,
Who May File a petition for the writ of habeas data
Any person whose right to privacy in life, liberty or security
is violated or threatened by an unlawful act or omission of a
public official or employee, or of a private individual or entity
engaged in the gathering, collecting or storing of data or
information regarding the person, family, home and
correspondence of the aggrieved party (Sec. 1, The Rule on the
Writ of Habeas Data, A. M. No. 08-1-16-SC, Jan. 22, 2008).
However, in cases of extralegal killings and enforced
disappearances, the petition may be filed by:
(1) Any member of the immediate family of the
aggrieved party, namely: the spouse, children and
parents; or
(2) Any ascendant, descendant or collateral relative of
the aggrieved party within the fourth civil degree
of consanguinity or affinity, in default of those
mentioned in the preceding paragraph (Sec. 2, The
Rule on the Writ of Habeas Data, A. M. No. 08-1-16-
SC, Jan. 22, 2008).
The writ of habeas data is not confined only to extralegal
killings and enforced disappearances
Habeas data, to stress, was designed “to safeguard individual
freedom from abuse in the information age.” As such, it is
erroneous to limit its applicability to extralegal killings and
enforced disappearances only.
The writ of habeas data, however, can be availed of as an
independent remedy to enforce one’s right to privacy, more
specifically the right to informational privacy. The remedies
against the violation of such right can include the updating,
rectification, suppression or destruction of the database or
information or files in possession or in control of respondents.
FREEDOM OF EXPRESSION
SCOPE
 Freedom of speech
 Freedom of the press
 Freedom of assembly
 Freedom of petition
 Freedom of religion
 Right of association
 Right to access to information on matters of public
concern
 Right not to be detained solely by reason of one’s
political beliefs and aspirations
A. FREEDOM OF SPEECH AND PRESS
Speech, expression, and press include every form of
expression whether oral, written, tape or disc recorded. It also
includes movies as well as what is referred to as symbolic
speech such as the wearing of an armband as a symbol of
protest. Peaceful picket has also been included within the
meaning of speech.
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(1) Freedom of expression is available only insofar as it
is exercised for the discussion of matters affecting
the public interest. Purely private matters do not
come within the guaranty (Cruz).
(2) Primarily protects speech which communicates
political, social or religious ideas.
(3) The freedom to speak includes the right to be silent.
This freedom also includes the right to an audience.
(4) The right to listen also includes the right not to
listen.
(5) Commercial speech does not enjoy the same degree
of protection as the “core” speech (i.e. political,
social or religious ideas).
COMMERCIAL SPEECH
Communication which “no more than proposes a commercial
transaction.” (Bernas)
General rule: To enjoy protection from curtailment,
commercial speech:
1. Must not be false and misleading (truthful)
2. Should not propose an illegal transaction
(lawful)
Exceptions
• Government has substantial interest to protect;
• The regulation directly advances that interest;
• It is not more extensive than is necessary to protect their
interest.
PRIVATE VERSUS GOVERNMENT SPEECH
Parliamentary immunity guarantees the members the
freedom of expression without fear of being made responsible
in criminal or civil actions before courts or forum outside of
Congress. But this does not protect them from responsibility
from the legislative body. The members may nevertheless be
questioned in Congress itself for unparliamentary conduct.
Members of the Congress have been, or could be censured,
committed to prison, even expelled by the votes of their
colleagues. (Osmeña v. Pendatun, 1960)
“But a libelous letter of a congressman, published on a
newspaper, does not fall under “speech or debate” protected
by the Constitution. Speech or debate refers to
speeches/statements/votes made within Congress while it is
in session, or duly authorized actions of congressmen in the
discharge of their duties.” (Jimenez v. Cabangbang, 1966)
HECKLER’S VETO
1. an attempt to limit unpopular speech.
For example, an unpopular group wants to hold a
rally and asks for a permit. The government is not
allowed to refuse the permit based upon the beliefs
of the applicants. But the government can deny the
permit, reasoning that it is not because the
government disapproves of the group's message, it
is just afraid that so many people will be outraged
that there might be violent protests. Under the Free
Speech Clause of Sec. 4, Art III, the government
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may not silence speech based on the reaction (or
anticipated reaction) of a hostile audience, unless
there is a "clear and present danger" of grave and
imminent harm, which is not easy to prove.
POLITICAL SPEECH
Political speech is one of the most important expressions
protected by the Fundamental Law. “x x x and have to be
protected at all costs for the sake of democracy." (GMA
Network v. COMELEC, G.R. No. 205357, Sept. 2, 2014).
Political speech is motivated by the desire to be heard and
understood, to move people to action. It is concerned with the
sovereign right to change the contours of power whether
through the election of representatives in a republican
government or the revision of the basic text of the
Constitution. We evaluate restrictions on freedom of
expression from their effects. We protect both speech and
medium because the quality of this freedom in practice will
define the quality of deliberation in our democratic society
(Diocese of Bacolod v. COMELEC, G. R. No. 205728, January 21,
2015).
ELEMENTS OF FREEDOM OF EXPRESSION
• Freedom from previous restraint or censorship
• Freedom from subsequent punishment
FORMS OF ABRIDGMENT
(1) Prior restraint
(2) Subsequent punishment
LIMITATIONS ON FREEDOM OF EXPRESSION (2014
BAR)
It should be exercised within the bounds of laws enacted for
the promotion of social interests and the protection of other
equally important individual rights such as:
(1) Laws against obscenity, libel and slander (contrary
to public policy)
(2) Right to privacy of an individual
(3) Right of state/government to be protected from
seditious attacks
(4) Legislative immunities
(5) Fraudulent matters
(6) Advocacy of imminent lawless conducts
(7) Fighting words
(8) Guarantee implies only the right to reach a willing
audience but not the right to compel others to
listen, see or read
PRIOR RESTRAINT
Official government restrictions on the press or other forms of
expression in advance of actual publication or dissemination.
• The prohibition of “prior restraint” is not absolute.
• Forms of prior restraint includes (but is not limited to):
licensing and permit as prerequisite to publication;
censorship; judicial prior restraint; license taxes; flat
license fees
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PRESUMPTION OF INVALIDITY
Any system of prior restraints of expression bears a heavy CONTENT NETURAL CONTENT BASED
presumption against its constitutional validity. The REGULATION RESTRAINT
Government thus carries the burden of showing justification
for the enforcement of such restraint. (NY Times v. US) Merely concerned with the The restriction is based on
incidents of the speech, or the subject matter of the
LIMITATIONS UPON THE IMMUNITY FROM one that merely controls the utterance or speech. The
PREVIOUS RESTRAINT OF THE PRESS time, place or manner, and cast of the restriction
(W-O-I) under well-defined determines the test by
(1) When a nation is at war standards. which the challenged act is
(2) Obscene publications assailed with.
(3) Incitements to acts of violence and the overthrow
of force of orderly government (Near v. Minnesota, No presumption of There is presumption of
283 U.S. 697) unconstitutionality unconstitutionality

(1) Prior restraint on speech, including religious speech, NOTE: The burden of proof
cannot be justified by hypothetical fears but only by the to overcome the
showing of a substantive and imminent evil which has presumption of
taken the life of a reality already on ground. (INC v. CA, unconstitutionality is with
259 SCRA 529) the government

(2) Any system of prior restraints of expression come to the Test to be used: Clear and Present Danger
Court bearing a heavy presumption against its Intermediate Approach
constitutional validity. (New York Times v. United States,
403 U.S. 713) If unpaid, the business or If unpaid, the business or
activity does not become activity itself can become
SUBSEQUENT PUNISHMENT illegal. illegal

The State imposes punishment after the dissemination or

publication. TESTS AND APPLICATIONS

• Basis: Freedom of speech includes freedom after the
speech (Cruz).
• Tests
(1) Dangerous Tendency – when it creates a
denagerous tendency, which the state has the right
to prevent. There must be rational connection
between the speech and evil apprehended. Ex.
People v. Perez (inciting to sedition)
(2) Clear and Present Danger – In determining WON
a circumstance constitute clear and present danger,
the court must inquire WON in each case the
gravity of the evil, discounted by its improbability,
justifies an invasion of free speech to avoid the
danger.
(3) Balancing of Interests – It is the courts function to
balance public interest and the freedoms affected
by it, and to arrive at a judgment where the greater
weight shall be placed.
CONTENT NEUTRAL AND CONTENT BASED
REGULATION
INTERMEDIATE APPROACH TEST
Used when the speech restraints take the form of a content-
neutral regulation, only a substantial governmental interest is
required for its validity. Because regulations of this type are
not designed to suppress any particular message, they are not
subject to the strictest form of judicial scrutiny but an
intermediate approach—somewhere between the mere
rationality that is required of any other law and the
compelling interest standard applied to content-based
restrictions. The test is called intermediate because the Court
will not merely rubberstamp the validity of a law but also
require that the restrictions be narrowly-tailored to promote
an important or significant governmental interest that is
unrelated to the suppression of expression (Chavez v.
Gonzales, G.R. No. 168338, Feb. 15, 2008).
NOTE: A law is narrowly-tailored if it is for the advancement
of state’s interest, if it does not restrict a significant amount of
speech that does not implicate the government interest and if
it is the least restrictive alternative available to serve such
interest (Eugene Volokh, Freedom of Speech, Permissible
Tailoring and Transcending Strict Scrutiny, 144 U.
Pennsylvania L. Rev. 2417, 1997).

DANGEROUS TENDENCY RULE

Speech may be curtailed or punished when it creates a

dangerous tendency which the State has the right to prevent.

• For speech to be punishable, all it requires it that there

be a rational connection between the speech and the evil
apprehended.

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• If the words uttered create a dangerous tendency which
the State has a right to prevent, then such words are
punishable. (Cabansag v. Fernandez, 102 Phil. 152)
• It is not necessary to create the evil; a mere tendency
towards the evil was enough (Cruz).
CLEAR AND PRESENT DANGER RULE
The question in every case is whether the words used are used
in such circumstances and are of such a nature as to create a
clear and present danger that they will bring about the
substantive evils that the State has a right to prevent. It is a
question of proximity and degree. (Schenk v. United States, 249
U.S. 97)
Requisites in determining clear and present danger
(1) Means that the evil consequence of the comment or
utterance must be extremely serious and the degree
of imminence extremely high before the utterance
can be punished. (Cabansag v. Fernandez, supra.)
(2) The danger must not only be clear but also present.
(Gonzalez v. COMELEC, G.R. No. L-27833)
Clear
A causal connection with the danger of the substantially evil
arising from the utterance questioned.
Present
Refers to a time element; the danger must not only be
probable but very likely inevitable (used to be identified with
imminent and immediate danger).
BALANCING OF INTERESTS TEST
When particular conduct is regulated in the interest of public
order, and the regulation results in an indirect, conditional,
partial abridgment of speech, the duty of the courts is to
determine which of the two conflicting interests demands the
greater protection under the particular circumstances
presented. (American Communications Assocation v. Douds, 339
U.S. 282)
UNPROTECTED SPEECH
Both historically and doctrinally, freedom of expression has
never been understood to be an absolute right (Bernas).
There are certain and narrowly limited classes of speech, the
prevention and punishment of which have never been
thought to raise any Constitutional problem. These include the
lewd and obscene, the profane, the libelous, and the insulting or
“fighting” words - those which, by their very utterance, inflict
injury or tend to incite an immediate breach of the peace.
(Chaplinsky v. New Hampshire, 315 US 568)
LIBEL
• “A libel is a public and malicious imputation of a crime,
or of a vice or a defect, real or imaginary, or any act,
omission, condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of one who is
dead.” (Art. 353, RPC)
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• Publicity means “making the defamatory matter, after it
has been written, known to someone other than the
person to whom it has been written.” (Bernas).
• The evil which the law on libel seeks to punish is its
tendency to injure the person defamed, regardless of its
effect upon the public. (People v. del Rosario, 86 Phil.
163)
• The constitutional guarantees require a rule that
prohibits a public official from recovering damages for a
defamatory falsehood relating to his official conduct
unless he proves that the statement was must with
actual malice - that is, with knowledge that it was false
or with reckless disregard of whether it was false or not.
(NY Times v. Sullivan, 376 US 254)
OBSCENITY
Obscenity is not within the area of protected speech or press.
Obscene material is material which deals with sex in a manner
appealing to prurient interest. (Roth v. United States, 354 US
476)
TEST FOR OBSCENITY, AS ESTABLISHED IN MILLER
V. CALIFORNIA (413 US 15)
(PI-SD-LV)
(1) Whether “the average person, applying contemporary
community standards” would find that the work, taken
as a whole appeals to the prurient interest;
(2) Whether the work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by
the applicable state law; and
(3) Whether the work, taken as a whole, lacks serious
literary, artistic, political, or scientific value.
• “Community standards” x x x does not mean that there
are, or should or can be, fixed uniform national
standards of precisely what appeals to the “prurient
interest” or is “patently offensive. These are essentially
questions of fact. (Miller v. California, supra.)
FACIAL CHALLENGES AND OVERBREADTH
DOCTRINE
Facial Challenge
Facial challenge is a challenge to a statute in court, in which
the plaintiff alleges that the legislation is always, and under
all circumstances, unconstitutional, and therefore void.
Overbreadth
A governmental purpose may not be achieved by means
which sweep unnecessarily broadly and thereby invade the
area of protected freedoms. Ordinances that go beyond what
is reasonably necessary to solve the problems. (Lucena Grand
Central v JAC Liner, 452 SCRA 174
NOTE: Facial challenge to a statute is allowed only when it
operates in the area of freedom of expression. Invalidation of
the statute on its face, rather than as applied, is permitted in
the interest of preventing a chilling effect on freedom of
expression. (Separate opinion of Justice Mendoza in Cruz v.
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Secretary of Environment and Natural Resources, GR. 135385,
Dec. 6, 2000)
STATE REGULATION OF DIFFERENT TYPES OF MASS
MEDIA
Live Media Coverage of Court Proceedings
The propriety of granting or denying permission to the media
to broadcast, record, or photograph court proceedings
involves weighing the constitutional guarantees of freedom
of the press, the right of the public to information and the
right to public trial, on the one hand, and on the other hand,
the due process rights of the defendant and the inherent and
constitutional power of the courts to control their proceedings
in order to permit the fair and impartial administration of
justice. Collaterally, it also raises issues in the nature of media,
particularly television and its role in society, and of the impact
of new technologies on law.
An accused has a right to a public trial but it is a right that
belongs to him, more than anyone else, where his life or
liberty can be held critically in balance. A public trial aims to
ensure that he is fairly dealt with and would not be unjustly
condemned and that his rights are not compromised in secret
conclaves of long ago. A public trial is not synonymous with
publicized trial; it only implies that the court doors must be
open to those who wish to come, sit in the available seats,
conduct themselves with proper decorum and observe the
trial process. (Secretary of Justice v. Estrada, A.M. No. 01-4-03-
SC, Sept. 13, 2001)
PROTECTION OF CHILDRENS’ RIGHTS
The Court , using the balancing of interest test, it ruled that
the government’s interest to protect the and promote the
interests and welfare of the children adequately buttresses the
reasonable curtailment and valid restraint on and offensive or
obscene language uttered on prime-time televeision
broadcast to which children have clear access to. (Soriano v.
MTRCB, GR No. 165636)
NOTE: In his dissenting opinion, Justice Carpio cited Action
for Children's Television v. FCC which establishes the safe
harbor period to be from 10:00 in the evening to 6:00 in the
morning, when the number of children in the audience is at a
minimum. In effect, between the hours of 10:00 p.m. and 6:00
a.m., the broadcasting of material considered indecent is
permitted. Between the hours of 6:00 a.m. and 10:00 p.m., the
broadcast of any indecent material may be sanctioned.
B. FREEDOM OF ASSEMBLY AND PETITION
The right of peaceable assembly is a right cognate to those of
free speech and free press and is equally fundamental. The
standards for allowable impairment of speech and press are
also those for assembly and petition.
The mayor possesses reasonable discretion to determine or
specify the streets or public places to be used for the assembly
in order to secure convenient use thereof by others and
provide adequate and proper policing to minimize the risks
of disorder and maintain public safety and order. (Navarro v.
Villegas, 31 SCRA 721)
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RULES ON ASSEMBLY AND PETITION
(1) Inform the licensing authority of the date, the public
place where and the time it will take place (private place-
only consent of owner required)
(2) Application – filed ahead of time to enable public
officials concerned to appraise WON there may be valid
objections.
(3) (Indispensable condition to refusal or modification that
the CPD test be standard for the decision reached)
(4) If public authority believes that there is an imminent and
grave danger of substantial evil, applicants must be
heard on the matter. Decision must be transmitted at the
earliest opportunity (Reyes v. Bagatsing, G.R. No. L-
65366).
• The applicants for a permit to hold an assembly should
inform the licensing authority of the date, the public
place where and the time when it will take place.
• Application should filed well ahead in time to enable the
public official concerned to appraise whether there may
be valid objections to the grant of the permit or to its
grant but at another public place. It is an indispensable
condition to such refusal or modification that the clear
and present danger test be the standard for the decision
reached.
• The decision of the public official, whether favorable or
adverse, must be transmitted to the applicants at the
earliest opportunity.
BP 880 - THE PUBLIC ASSEMBLY ACT OF 1985
Public assembly
Any rally, demonstration, march, parade, procession or any
other form of mass or concerted action held in a public place
for the purpose of:
(1) presenting a lawful cause; or
(2) expressing an opinion to the general public on any
particular issue; or
(3) protesting or influencing any state of affairs
whether political, economic or social; or
(4) petitioning the government for redress of
grievances.
Permit shall be required for any person or persons to
organized and hold a public assembly in a public place.
NO PERMIT SHALL BE REQUIRED IF:
(1) Public assembly shall be done or made in a freedom park
duly established by law or ordinance
(2) Private property, in which case only the consent of the
owner or the one entitled to its legal possession is
required,
(3) Campus of a government-owned and operated
educational institution which shall be subject to the
rules and regulations of said institution.
APPLICATION REQUIREMENTS
(1) Application shall be in writing and shall include:
a. names of the leaders or organizers;
b. purpose of such public assembly;
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c. date, time and duration;
d. place or streets to be used;
e. probably number of persons participating;
f. transport and public address systems to be used
(2) Must incorporate duties and responsibilities of applicant
(3) Filed at least five (5) working days before the scheduled
public assembly with the office of the city or municipal
mayor in whose jurisdiction the activity is to be held
(4) Upon receipt of the application, office of the municipal
or city mayor shall post the application at a conspicuous
place in the city or municipal building.
DUTIES OF THE MAYOR
(1) Issue or grant a permit unless there is clear and
convincing evidence that the public assembly will create
a clear and present danger to public order, public safety,
public convenience, public morals or public health.
(2) Act on the application within two (2) working days
from the date of filing, failing which, the permit shall be
deemed granted.
(3) If he is of the view that there is imminent and grave
danger of a substantive evil warranting the denial or
modification of the permit, he shall immediately inform
the applicant who must be heard on the matter.
RESPONSIBILITIES OF LEADERS AND ORGANIZERS
(1) Take all reasonable measures and steps to the end that
the intended public assembly shall be conducted
peacefully in accordance with the terms of the permit;
(2) Inform the participants of their responsibility under the
permit;
(3) To police the demonstrators in order to prevent non-
demonstrators from disrupting the lawful activities of
the public assembly;
(4) To confer with local government officials concerned and
law enforcers tot he end that the public assembly may be
held peacefully;
(5) To see to it that the public assembly undertaken shall not
go beyond the time stated in the permit; and
(6) To take positive steps that demonstrators do not molest
any person or do any act unduly interfering with the
rights of other persons not participating in the public
assembly.
FREEDOM OF RELIGION
RELIGION
A profession of faith to an active power that binds and
elevates man to his Creator. (Aglipay v. Ruiz, 64 Phil. 201)
CRITERIA TO QUALIFY AS A RELIGION
(1) There must be belief in God or some parallel belief
that occupies a central place in the believer’s life.
(2) The religion must involve a moral code
transcending individual belief (can’t be purely
subjective).
(3) Demonstrable sincerity in belief is necessary but the
court must not inquire into the truth or
reasonableness of the belief.
(4) There must be associational ties. (U.S. v. Seager)
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Principal parts of Section 5 of Article III:
• Non-establishment clause
• Free exercise clause
A. NON-ESTABLISHMENT CLAUSE
THE STATE CANNOT DO THE FOLLOWING:
a. Setup a church;
b. Pass laws which aid one religion, aid all religion,
or prefer one religion over another;
c. Force nor influence a person to go to or remain
away from church against his will;
d. Force him to profess a belief or disbelief in any
religion;
e. Punish a person for entertaining or professing
religious beliefs or disbeliefs, for church
attendance or non-attendance;
f. Levy tax in any amount to support any religious
activity or institution to teach or practice religion;
g. Openly or secretly participate in the affairs of any
religious organization or group and vice-versa.
(Everson v. Board of Educators, 330 U.S. 1)
(1) What the non-establishment calls for is government
neutrality in religious matters.
(2) The evils against which the Establishment Clause was
intended to afford protection:
a. sponsorship,
b. financial support, and
c. active involvement of the sovereign in
religious activity.
CONSTITUTIONALLY CREATED EXCEPTIONS TO THE
NON-ESTABLISHMENT CLAUSE
a. Art. 6, Sec.29 (prohibition on appropriation of
public money or property for the use, benefit or
support of any religion)
b. Art. 6, Sec. 28 (3) (exemption from taxation of
properties actually, directly and exclusively used
for religious purposes
c. Art. 14, Sect. 3 (3) (optional religious instruction in
public elementary and high schools)
NOTE: Religious instructions in public schools:
(1) At the option of parents/guardians expressed in writing
(2) Within the regular class hours by instructors designated
or approved by religious authorities of the religion to
which the children belong
(3) Without additional costs to the government
(4) Art. 14, Sec. 4 (2) (citizenship requirement of ownership
of educational institutions, except those established by
religious groups and mission boards)
(5) Art. 6, Sec. 29 (2) (appropriation allowed where
ecclesiastic is employed in armed forces, in a penal
institution, or in a government-owned orphanage or
leprosarium)
LEMON TEST
To determine if a law violates the Establishment Clause:
(1) The statute must have a secular legislative purpose;
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(2) Its principal or primary effect must be one that neither
advances nor inhibits religion;
(3) The statute must not foster an excessive government
entanglement with religion. (Lemon v. Kurtzman, 403 U.S.
601)
• The Government should not be
embarrassed in its activities simply because of
incidental results, more or less religious in
character, if the purpose had in view is one which
could legitimately be undertaken by appropriate
legislation. (Aglipay v. Ruiz, 64 Phil 201)
• Not every governmental activity which
involves the expenditure of public funds and which
has some religious tint is violative of the
constitutional provisions regarding separation of
church and state, freedom of worship and banning
the use of public money or property. (Garces v.
Estenzo, 104 SCRA 510)
NOTE:
A violation of the non-establishment clause need not involve
compulsion.
B. FREE EXERCISE CLAUSE
Two-fold aspect:
• Freedom to believe
• Freedom to act on one’s belief
FREEDOM TO BELIEVE
It is absolute as long as the belief is confined within the realm
of thought (Cruz).
• The absoluteness of the freedom to believe carries with
it the corollary that the government, while it may look
into the good faith of a person, cannot inquire into a
person’s religious pretensions (Bernas).
• Man’s relation to his God was made no concern of the
State. He was granted the right to worship as he pleased
and to answer to no man for the verity of his religious
views. (US v. Ballard, 322 US 78)
FREEDOM TO ACT ON ONE’S BELIEF
Subject to regulation where the belief is translated into
external acts that affect the public welfare (Cruz).
a. The moment belief flows over into action, it
becomes subject to government regulation.
b. The Constitutional guaranty of the free exercise and
enjoyment of religious profession and worship
carries with it the right to disseminate religious
information. (American Bible Society v. City of Manila,
101 Phil. 386)
c. Any legislation whose effect or purpose is to
impede the observance of one or all religions, or to
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discriminate invidiously between the religions, is
invalid, even though the burden may be
characterized as being only indirect. (Victoriano v.
Elizalde Rope Workers Union, 49 SCRA 54)
d. But if the state regulates conduct by enacting,
within its power, a general law which has for its
purpose and effect to advance the State’s secular
goals, the statute is valid despite its indirect burden
on religious observance, unless the state can
accomplish its purpose without imposing such
burden. (Victoriano v. Elizalde Rope Workers Union,
supra.)
NOTE:
Every violation of the free exercise clause involves
compulsion.
TESTS
BENEVOLENT NEUTRALITY APPROACH
Benevolent neutrality is an approach that looks further than
the secular purposes of government action and examines the
effect of these actions on religious exercise. It recognizes the
religious nature of the Filipino people and the elevating
influence of religion in society; at the same time, it
acknowledges that government must pursue its secular goals.
In pursuing these goals, however, government might adopt
laws or actions of general applicability which inadvertently
burden religious exercise. Benevolent neutrality gives room
for accommodation of these religious exercises as required by
the Free Exercise Clause.
It allows these breaches in the wall of separation to uphold
religious liberty, which after all is the integral purpose of the
religion clauses (Estrada v. Escritor, A.M. No. P-02-1651, Aug.
4, 2003).
CLEAR AND PRESENT DANGER TEST
The test can be applied with regard to the Freedom of Religion
when what is involved is religious speech as this is often used
in cases of freedom of expression.
COMPELLING STATE INTEREST TEST (2013 BAR)
Used to determine if the interests of the State are compelling
enough to justify infringement of religious freedom. It
involves a three-step process:
(1) Has the statute or government action created a burden
on the free exercise of religion? – Courts often look into
the sincerity of the religious belief, but without inquiring
into the truth of the belief since the free exercise clause
prohibits inquiring about its truth.
(2) Is there a sufficiently compelling state interest to justify
this infringement of religious liberty? – In this step, the
government has to establish that its purposes are
legitimate for the State and that they are compelling.
(3) Has the State in achieving its legitimate purposes used
the least intrusive means possible so that the free
exercise is not infringed any more than necessary to
achieve the legitimate goal of the State? – The analysis
requires the State to show that the means in which it is
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achieving its legitimate State objective is the least
intrusive means, or it has chosen a way to achieve its
legitimate State end that imposes as little as possible
intrusion on religious beliefs.
NOTE: The Compelling State Interest test is used in cases
involving purely conduct based on religious belief.
CONSCIENTIOUS OBJECTOR TEST
CONSCIENTIOUS OBJECTOR
An "individual who has claimed the right to refuse to
perform military service on the grounds of freedom of
thought, conscience, and/or religion (International Covenant
on Civil and Political Rights, Art. 18).
REQUISITES FOR ONE TO BE CONSIDERED A
CONSCIENTIOUS OBJECTOR
(1) The person is opposed to war in any form
(2) He must show that this opposition is based upon
religious training and belief
(3) And he must show that this objection is sincere
(Clay v. United States, 403 U.S.698, 1971).
LIBERTY OF ABODE AND FREEDOM OF
MOVEMENT
(1) A right granted to citizens of the Philippines.
(2) While the right to travel of citizens covers both exit
and entry into the country, aliens cannot claim the
same right.
LIMITATIONS
Freedom of movement includes two rights:
1. LIBERTY OF ABODE
a. It may be impaired only upon lawful order of the court
b. The court itself is to be guided by the limits prescribed
by law
Example: A condition imposed by the court in connection
with the grant of bail.
2. LIBERTY OF TRAVEL
(1) May be impaired even without a lawful order of the
court
(2) But the appropriate executive officer (who may
impair this right) is not granted arbitrary discretion
to impose limitations
(3) He can only do so on the basis of “national security,
public safety, or public health” and “as may be
provided by law” (e.g. Human Security Act,
quarantine)
(4) Impairment of this liberty is subject to judicial
review
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 The liberty of abode may be impaired only upon lawful
of the court, and the court is to be guided by the limits
prescribed by law (Bernas).
 The liberty of travel may be impaired even without court
order BUT limits may be imposed only on the basis of
“national security, public safety, or public health” and
“as may be provided by law (Bernas).
 The city mayor or chief of police has no right to force
citizens of the Philippines to change their domicile from
one city to another locality. Philippine penal law
specifically punishes any public officer who, not being
expressly authorized by law or regulation, compels any
person to change his residence. (Villavicencio v. Lukban,
39 Phil. 778)
 The right to return to one’s country is not among the
rights specifically guaranteed in the Bill of Rights,
which treats only of the liberty of abode and the right to
travel. (Marcos v. Manglapus, 177 SCRA 668)
WATCH-LIST ORDER (WLO)
Order issued to prevent an individual from travelling. It may
be issued by the Secretary of Justice motu proprio or upon
request, under any of the following circumstances:
(1) Against the accused, irrespective of nationality, in
criminal cases pending trial before the RTCs or
before courts below the RTCs.
(2) Against the respondent, irrespective of nationality,
in criminal cases pending preliminary
investigation, petition for review, or motion for
reconsideration before the DOJ or any of its
provincial or city prosecution offices.
The Secretary of Justice may likewise issue a WLO against any
person, either on his own, or upon the request of any
government agency, including commissions, task forces or
similar entities created by the Office of the President,
pursuant to the "Anti-Trafficking in Persons Act of 2003" (R.A.
No. 9208) and/or in connection with any investigation being
conducted by it, or in the interest of national security, public
safety or public health (Sec. 2, DOJ Circ. 41, s.2010).
NOTE: A WLO is good for 60 days (Sec. 4, DOJ Circ. 41, and
s.2010).
The Watch List Order may be lifted or cancelled under any
of the following grounds:
(1) When the validity period of the WLO has already
expired;
(2) When the accused subject of the WLO has been
allowed by the court to leave the country during the
pendency of the case, or has been acquitted of the
charge;
(3) When the preliminary investigation is terminated,
or when the petition for review, or motion for
reconsideration has been denied and/or dismissed.
HOLD DEPARTURE ORDER (HDO)
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An order issued to prevent an individual from travelling. It
may be issued by the Secretary of Justice motu proprio or upon
request, under any of the following circumstances:
(1) Against the accused, irrespective of nationality, in
criminal cases falling within the jurisdiction of
courts below the Regional Trial Courts (RTCs):
1. If the case against the accused is pending trial, the
application under oath of an interested party must be
supported by (a) a certified true copy of the complaint or
information; and (b) a Certification from the Clerk of
Court concerned that criminal case is still pending.
2. If the accused has jumped bail or has become a fugitive
from justice, the application under oath of an interested
party must be supported by (a) a certified true copy of
the complaint or information; (b) a certified true copy of
the warrant/order of arrest; and (c) a Certification from
the Clerk of Court concerned that the warrant/order of
arrest was returned unserved by the peace officer to
whom the same was delivered for service.
(2) Against the alien whose presence is required either
as a defendant, respondent, or witness in a civil or
labor case pending litigation, or any case before a
quasi-judicial or an administrative agency of the
government.
The application under oath of an interested party must be
supported by
(1) a certified true copy of the subpoena or summons
issued against the alien; and
(2) a certified true copy complaint in civil, labor or
administrative case where the presence of the alien
is required.”
The Secretary may likewise issue an HDO against any person,
either on his own, or upon the request by the Head of a
Department of the Government, the head or a constitutional
body or commission, the Chief Justice of the Supreme Court
for the Judiciary, the Senate President or the House Speaker
for the Legislature, when the adverse party is the Government
or any of its agencies or instrumentalities, or in the interest of
national security, public safety or public health.” (Sec. 1, DOJ
Circ. 41, s.2010).
NOTE: A HDO is valid for 5 years from issuance.
The Hold Departure Order can be lifted or cancelled as
follows:
• When the validity period of the HDO has already
expired;
• When the accused subject of the HDO has been allowed
to leave the country during the pendency of the case, or
has been acquitted of the charge, or the case in which the
warrant/order of arrest was issued has been dismissed
or the warrant/order of arrest has been recalled;
• When the civil or labor case or case before an
administrative agency of the government wherein the
presence of the alien subject of the HDO/WLO has been
dismissed by the court or by appropriate government
agency, or the alien has been discharged as a witness
therein, or the alien has been allowed to leave the
country.
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Note: A watch-list order doesn’t totally bar a person from
travelling. A person listed in the WLO must obtain a clearance
to be able to travel. In contrast, a hold-departure order totally
prevents a person from traveling
RETURN TO ONE’S COUNTRY
The right to return to one’s country is not among the rights
specifically guaranteed in the Bill of Rights, which treats only
of the liberty of abode and the right to travel. Nevertheless,
the right to return may be considered as a generally accepted
principle of International law, and under the Constitution, is
part of the law of the land. However, it is distinct and separate
from the right to travel and enjoys a different protection
under the Int’l Covenant of Civil and Political Rights (Marcos
v. Manglapus, G.R. No. 88211, Sept. 15, 1989 & Oct. 27, 1989).
RIGHT TO INFORMATION
RIGHT TO INFORMATION
The right of the people to information on matters of public
concern shall be recognized.
They shall be given access to:
(1) Official records;
(2) Documents; and
(3) Papers pertaining to official acts, transactions, or
decisions, as well as to government research data
used as basis for policy development
Subject to such limitations as may be provided by law. (Section
7, Art. 3, CONST)
FULL PUBLIC DISCLOSURE
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. (Section 28, Art. 2,
CONST)
The State shall provide the policy environment for the full
development of Filipino capability and the emergence of
communication structures suitable to the needs and
aspirations of the nation and the balanced flow of information
into, out of, and across the country in accordance with a policy
that respects the freedom of speech and of the press. (Section
10, Art. 16, CONST)
• Section 7 guarantees only one general right: the right to
information on matters of public concern. It is both the
purpose and the limit of the right of access to public
documents.
• The right to information and access to official records are
subject to such limitations as may be provided by law.
• While access to official records may not be prohibited, it
may be regulated (Bernas).
• The right to information is not absolute. It is limited to
“matters of public concern,” and is further “subject to such
limitations as may be provided by law. (Valmonte v.
Belmonte, Jr., 170 SCRA 256)
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(3) government research data used in formulating policies.

AUTHORITY TO CURTAIL RIGHT TO INFORMATION (Section 7, Article 3, 1987 Constitution).
Standards developed for the regulation of speech, press,
assembly, petition, and association are applicable to the right NOTE: The right only affords access to records, documents
of access to information (Bernas). and papers, which means the opportunity to inspect and copy
them at his expense. The exercise is also subject to reasonable
LIMITATIONS ON THE RIGHT TO INFORMATION regulations to protect the integrity of public records and to
(NS-TS-CD) minimize disruption of government operations.
(1) National Security, matters including sate secrets
on military diplomatic and other national security Publication of regulations
and information on inter-government exchanges Publication is necessary to apprise the public of the contents
prior to conclusion of executive agreements or of penal regulations and make the said penalties binding on
treaties. the persons affected thereby (Pesigan v. Angeles G.R. No. L-
(2) Trade secrets and banking transactions 6427, April 30, 1984).
(3) Criminal matter or classified law enforcement
matters
(4) Other confidential matter (diplomatic affairs) National Security Matters
There is a governmental privilege against public disclosure
REQUIRMENT OF THE PRESIDENTIAL with respect to state secrets regarding military, diplomatic
COMMUNICATION S PRIVILEGE. and other national security matters.
(Q-OP-C)
(1) The communication must relate to a ‘quintessential Court Records and Information
and non-delegable power of the President – the
power to enter into an executive agreement with Canon II Confidentiality Code of Conduct for Court
other countries. Personnel (AM No. 03-06-13-SC)
(2) The communications are “receive” by a close
advisor of the President under the “operational
proximity test”
(3) There is no adequate showing of a compelling need Section 1. Court personnel shall not disclose to any
that would justify the limitation of the privilege and unauthorized person any confidential information acquired
the unavailability of the information elsewhere by by them while employed in the judiciary, whether such
an appropriate investigating authority. information came from authorized or unauthorized sources.
Confidential information means information not yet made a
FULL PUBLIC DISCLOSURE V RIGHT TO INFORMATION matter of public record relating to pending cases, as well as
Full Public Right to Information information not yet made public concerning the work of any
Disclosure (Art. 2 (Art. 3, Sec. 7) justice or judge relating to pending cases, including notes,
Sec. 8) drafts, research papers, internal discussions, internal
memoranda, records of internal deliberations and similar
Matter All Transactions Matters of public papers.
involving public concern; (PUBLIC The notes, drafts, research papers, internal discussions,
interest including CONCERN: Not clearly internal memoranda, records of internal deliberations and
any matter defined, exact definition similar papers that a justice or judge uses in preparing a
contained in and adjudicated by the decision, resolution or order shall remain confidential even
official courts on a case-by- case after the decision, resolution or order is made public.
communications basis, but examples
and public abound in jurisprudence
documents of the (e.g. peace negotiations,
Decisions and opinions of a court are of public concern or
government board exams, PCGG
interest. Pleadings and other documents filed by parties to a
agency compromise
case NEED NOT BE matters of public concern or interest.
agreements, civil service
They are filed for the purpose of establishing the basis upon
matters).]
which the court may issue an order or a judgment affecting
their rights and interests. Access to court records may be
Demand to Demand or request PERMITTED at the discretion and subject to the supervisory
Access necessary to gain access and protective powers of the court, AFTER considering the
actual use or purpose for which the request for access is based
What is Government duty Duty to permit access to
and the obvious prejudice to any of the parties (Hilado, et al. v
Asserted to disclose information on matters
Judge, G.R. No. 163155, July 21, 2006.).
of public concern

Trade secrets and banking transactions

Three categories of information: Trade or industrial secrets (pursuant to the Intellectual
(1) official records; Property Code and other related laws) as well as banking
(2) documents and papers pertaining to official acts, transactions (pursuant to the Secrecy of Bank Deposits Act)
transactions and decisions; and are exempted from compulsory disclosure.

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Criminal Matters
Law enforcement matters, such as those relating to the
apprehension, the prosecution and the detention of criminals,
which courts may not inquire into prior to such arrest,
detention and prosecution.
Other confidential Information
Prohibition of public officials and employees from using or
divulging “confidential or classified information officially
known to them by reason of their office and not made
available to the public. Also, diplomatic correspondence,
closed door cabinet meetings and executive sessions of either
house of Congress, as well as the internal deliberations of the
SC.
Public Concern
Like public interest, it eludes exact definition. Both terms
embrace a broad spectrum of subjects which the public may
want to know, either because these directly affect their lives,
or simply because such matters naturally arouse the interest
of an ordinary citizen. (Legaspi v. Civil Service Commission, 150
SCRA 530)
Government contract negotiations
Information on on-going evaluation or review of bids or
proposals being undertaken by the bidding or review
committee is not immediately accessible under the right to
information. While the evaluation or review is still on-going,
there are no "official acts, transactions, or decisions" on the
bids or proposals. However, once the committee makes its
official recommendation, there arises a "definite proposition"
on the part of the government. From this moment, the public's
right to information attaches, and any citizen can access all the
non-proprietary information leading to such definite
proposition.
The commissioners of the 1986 Constitutional Commission
understood that the right to information "contemplates
inclusion of negotiations leading to the consummation of the
transaction." Certainly, a consummated contract is not a
requirement for the exercise of the right to information.
Otherwise, the people can never exercise the right if no
contract is consummated, and if one is consummated, it may
be too late for the public to expose its defects.
Matters of Public Concern
Other matters of public concern decided in jurisprudence
1. Loanable funds of GSIS (Valmonte v. Belmonte, 1989)
2. Civil service eligibility of sanitarian employees (Legaspi v. CSC,
1987)
 Appointments made to public offices and the
utilization of public property (Gonzales v. Narvasa,
2000)
 National board examinations such as the CPA Board
Exams (Antolin v. Domondon, 2010)
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 Names of nominees of partylists (Bantay Republic v.
COMELEC, 2007)
 Negotiations leading to the consummation of the
transaction (Chavez v. PEA and Amari, 2002)
RIGHT TO ASSOCIATION
RIGHT TO ASSOCIATION; BASIS
The right of the people, including those employed in the
public and private sectors, to form:
(1) unions,
(2) associations, or
(3) societies
for purposes not contrary to law shall not be abridged.
(Section 8, Art. 3, CONST)
The State shall guarantee the rights of all workers to:
(1) self- organization;
(2) collective bargaining and negotiations;
(3) peaceful concerted activities; and
(4) right to strike in accordance with the law. (Section
3, Art. 13, CONST)
The right to self- organization shall not be denied to
government employees. (Section 2(5), Art. 9-B, CONST)
(1) The right is recognized as belonging to people whether
employed or unemployed, and whether employed in the
government or in the private sector.
(2) The provision explicitly recognizes that the right to form
associations includes the right to unionize.
(3) The right to join a union includes the right to abstain
from joining any union. (Victoriano v Elizalde Rope
Workers Union, supra.)
(4) There is no question that the Constitution recognizes the
right of government employees to organize.
Jurisprudence, however, provides that government
employees do not have a constitutional right to strike.
(Manila Public School Teachers Association v. Sec. of
Education, 200 SCRA 323)
FREEDOM OF ASSOCIATION (2000 BAR)
The right to form associations shall not be impaired without
due process of law. It is therefore an aspect of the general right
of liberty. More specifically, it is an aspect of freedom of
contract; and in so far as associations may have for their object
the advancement of beliefs and ideas, freedom of association
is an aspect of freedom of expression and of belief.
NOTE: Freedom of association includes the freedom not to
associate, or, if one is already a member, to disaffiliate from
the association.
The right to strike is not included in the right to form unions
or freedom of assembly by government employees. Their
employment is governed by law. It is the Congress and
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POLITICAL LAW CONSTITUTIONAL LAW 2

administrative agencies which dictate the terms and A. Anything that can come under the
conditions of their employment. The same is fixed by law and dominion of man is subject to
circulars and thus not subject to any collective bargaining expropriation.
agreement. B. It may be real, personal, tangible,
intangible. Except money and choses in
Pursuant to Sec. 4, Rule III of the Rules and Regulations to action (personal right not reduced into
Govern the Exercise of the Right of Government Employees possession but recoverable by a lawful
to Self-Organization, the terms and conditions of employment suit, a right to demand or recover a debt,
in the Government, including any of its instrumentalities, demand or damages on a cause of action
political subdivision and government owned and controlled ex contractu or for a tort or omission of
corporations with original charters, are governed by law and duty.
employees therein shall not strike for the purpose of securing C. May be franchise since this is a property
changes thereof (SSS Employees Association v. CA, GR. No. right and may therefore be expropriated.
85279, July 28, 1989). The only available remedy for them is to D. May be property already used for public
lobby for better terms of employment with Congress. The use provided it is done directly by the
right to unionize is an economic and labor right while the Legislature as specific grant by authority
right to association in general is a civil-political right. to the delegate.

(3) Taking
A. This imports a physical dispossession of
EMINENT DOMAIN the owner
B. A trespass without actual eviction of the
owner.

EMINENT DOMAIN; BASIS REQUISITES OF TAKING IN THE POWER OF EMINENT

Private property cannot be taken for public purpose without DOMAIN
payment of just compensation. (Section 9, Art. 3, CONST) (Republic v. Castellvi, 58 SCRA 336)
(1) The expropriator must enter private property.
• It is the power of the State to forcibly take private a. The entry must be for more than a
property for public use upon payment of just momentary period.
compensation. It is a power inherent in sovereignty. b. The entry must be under warrant or color
of legal authority.
• The right of eminent domain is usually understood to be c. The property must be devoted to public
the ultimate right of the sovereign power to appropriate, use or otherwise informally
not only the public but the private property of all citizens appropriated or injuriously affected.
within the territorial sovereignty, to public purpose. d. The utilization of the property for public
use must be in such a way as to oust the
• Also called the power of expropriation, eminent domain owner and deprive him of beneficial
is described as “the highest and most exact idea of enjoyment of the property.
property remaining in the government” that may be
acquired for some public purpose through a method “in (2) Public use
the nature of a compulsory sale to the State.” (Black’s law a. Any use directly available to the general
dictionary, 4th ed., 616) public as a matter of right and not merely
of forbearance or accommodation.
WHO MAY EXERCISE?
Power of eminent domain is lodged primarily in the national b. EXPANSIVE CONCEPT OF “PUBLIC
legislature, but its exercise may be validly delegate to other USE” – Public use as a requirement for
governmental entities (Cruz, 2007 ed). the valid exercise of the power of
eminent domain is now synonymous
Under existing laws, the following may exercise the power of with public interest, public benefit,
expropriation: public welfare and public convenience. It
(1) The Congress includes the broader notion of indirect
(2) The President of the Philippines public benefit or advantage. Public use as
(3) The various local legislative bodies traditionally understood as “actual use
(4) Certain public corporations, like the Land Authority and by the public” has already been
the National Housing Authority abandoned.
(5) Quasi-public corporations like the Philippine National
Railways, the Philippine Long Distance Telephone Co. (3) Just Compensation
and the MERALCO. a. It is described as the full and fair
equivalent of the property taken from the
REQUISITES OF POWER OF EMINENT DOMAIN private owner by the expropriator.
(1) Necessity of Exercise
A. Improvement for public use b. Determination of just compensation is a
judicial function. (National Power
(2) Private property

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POLITICAL LAW
Corporation v. Sps. Florimon v. Lleto, et al.,
2012)
c. Findings of court appointed
commissioners regarding the
determination of just compensation are
not binding on courts. (Republic v. Santos,
141 SCRA 30; Republic (MECS) v. IAC, 185
SCRA 572)
(1) The court may substitute its own estimate of the value of
the property only for valid reasons: the commissioners
have applied illegal principles to the evidence submitted
to them;
(2) They have disregarded a clear preponderance of
evidence; or
(3) Where the amount allowed is either grossly inadequate
or excessive. (National Power Corporation v. De la Cruz,
G.R. No. 156093, February 2, 2007)
When determined
General rule: At the time of the filing of the case
Exception: If the value of the property increased
because of the use to which the expropriator has
put it, the value is that of the time of the taking.
(NAPOCOR v. CA, 1996)
Legal interest: 6%, time when payment is due to
actual payment
EFFECT OF DELAY
Just compensation means not only the correct
amount to be paid to the owner of the land but also
payment within a reasonable time from its taking
(Eslaban v. De Onorio, G.R. No. 146062, June 28, 2001)
General rule on delay of payment: For non-
payment, the remedy is the demand of payment of
the fair market value of the property and not the
recovery of possession of the expropriated lots.
(Republic of the Philippines v. Court of Appeals, G.R.
No. 146587, July 2, 2002; Reyes v. National Housing
Authority, G.R. No. 147511, January 29, 2003)
NOTES:
 The word “JUST” is used to intensify the meaning of
the word “COMPENSATION,” to convey the idea that
the equivalent to be rendered for the property taken
shall be real, substantial, full, ample.
 Among the factors to be considered in arriving at the
fair market value (FMV) of the property:
o Cost of acquisition
o Current value of like properties
o Actual or potential uses
o And, in lands, their size, shape or
location and the tax declarations.
 Title to the property shall not be transferred until after
actual payment of just compensation is made to the
owner (Visayan Refining Co. V. Camus, 40 Phil. 550).
ABANDONMENT OF INTETDED USE AND RIGHT OF
REPURCHASE
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If the expropriator (government) does not use the
property for a public purpose, the property reverts to the
owner in fee simple. (Heirs of Moreno v. Mactan-Cebu
International Airport, 2005)
CONTRACT CLAUSE
Sec. 10, Art. III, 1987 Constitution
No law impairing the obligation of contracts shall be
passed.
Purpose
To safeguard the integrity of valid contractual agreements
against unwarranted interference by the State.
Contract
Any lawful agreement on property or property rights,
whether real or personal, tangible or intangible.
(1) Agreement may be executed or executor
(2) Parties may be private persons only, natural or
artificial, or private persons on the one hand and
the government or its agencies on the other hand.
Law (as used in this Article)
1. Includes statutes enacted by the national
legislature, executive orders and administrative
regulations promulgated under a valid delegation
of power, and municipal ordinance passed by local
legislative bodies. It does not include judicial
decisions or adjudications made by administrative
bodies in the exercise of their quasi-judicial powers
(Cruz, 207 ed).
Impairment
Anything that diminishes the efficacy of the contract
(Clements v. Nolting, 42 Phil. 702).
General rule: Non-Impairment of Contracts
Exception: A contract valid at the time of its execution may
be legally modified or even completely invalidated by a
subsequent law. IF THE LAW is a proper exercise of the
police power, it will prevail over the contract. Or exercise of
power of eminent domain and taxation (Cruz, 207 ed).
The law impairs the obligation of contracts if
(1) It changes the terms and conditions of a legal
contract either as to the time or mode of
performance
(2) It imposes new conditions or dispenses with those
expressed if it authorizes for its satisfaction
something different from that provided in its terms
NOTE: Mere technical change which does not change the
substance of the contract, and which still leaves an efficacious
remedy for enforcement does NOT impair the obligation of
contracts. A valid exercise of police power is superior to
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obligation of contracts.
Applicability of the provision
This constitutional provision is applicable only if the
obligation of contract is impaired by legislative act (statute,
ordinance, etc.). The act need not be by a legislative office; but
it should be legislative in nature. Furthermore, the
impairment must be substantial (Philippine Rural Electric
Cooperatives Assoc. v. DILG Secretary, G.R. 143076, June 10,
2003).
Inapplicability of the provision
(1) Franchises, privileges, licenses, etc.
NOTE: These are subject to amendment, alteration or repeal
by Congress when the common good so requires.
(2) There is neither public interest involved nor a law
that supports the claim.
NOTE: It can only be invoked if it is against the government
or when the government intervenes in contract between the
parties (Pacific Wide Realty and Development Corp. v Puerto Azul
Land, Inc., G.R. No. 180893, Nov. 25, 2009).
Mutuality of contracts
General Rule: Valid contracts should be respected by the
legislature and not tampered with by subsequent laws that
will change the intention of the parties or modify their rights
and obligations.
NOTE: The will of the parties to a contract must prevail. A
later law which enlarges, abridges, or in any manner changes
the intent of the parties to the contract necessarily impairs the
contract itself and cannot be given retroactive effect without
violating the constitutional prohibition against impairment of
contracts (Sangalang v. IAC, G.R. No. 71169, Dec. 22, 1988).
LEGAL ASSITANCE AND FREE ACCESS
TO COURTS
Sec. 11, Art. III, 1987 Constitution
Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person
by reason of property.
2. The courts of justice should be as available to the
pauper as to the affluent in the protection of their
respective rights (Cruz, 207 ed).
3. The Integrated Bar of the Philippines (IBP) provides
deserving indigents with free legal aid, including
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CONSTITUTIONAL LAW 2
representation in court, and similar services are
available from the Department of Justice to litigants
who cannot afford retained counsel, like the
accused in a criminal case who can ask for the
assistance of counsel de oficio.
Indigent persons
Persons who have no property or sources of income sufficient
for their support aside from their own labor through self-
supporting when able to work and in employment. Those
protected include low paid employees, domestic servants and
laborers (Cruz, 207 ed).
Republic Act 6034 (An Act Providing Transportation and
Other Allowances for Indigent Litigants), has defined the
term "indigent" to refer to a person "who has no visible means
of income or whose income is insufficient for the subsistence
of his family."
Even on the assumption that petitioner owns property, he
may still be an indigent considering his sworn statement that
he had no income. Under the standard set forth in Acar v.
Rosal as well as the recent legislations heretofore adverted to,
it is the income of a litigant that is the determinative factor.
For, really, property may have no income. It may even be a
financial burden (Enaje v. Ramos, G.R. No. L-22109, January 30,
1970).
RIGHTS OF SUSPECTS
RIGHTS OF PERSONS UNDER INVESTIGATION
Any person under investigation for the commission of an
offense shall have the right:
(1) to be informed of his right
(2) to remain silent and
(3) to have competent and independent counsel
preferably of his own choice.
a. If the person cannot afford the services of
counsel, he must be provided with one.
These rights cannot be waived except in writing and in the
presence of counsel.
CRUEL PUNISHMENT IS NOT ALLOWED
(1) torture,
(2) force,
(3) violence,
(4) threat,
(5) intimidation or
(6) any other means which vitiates the free will
shall not be used against him.
UNKNOWN DETENTION CELLS ARE PROHIBITED
Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
CONFESSIONS OR ADMISSION OBTAINED IN
VIOLATION IS INADMISSIBLE AS EVIDENCE
Any confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against
him.
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The law shall provide for penal and civil sanctions for
violation of his section as well as compensation to and
rehabilitation of victims of torture or similar practices, and
their families. (Section 12, Art. 3, CONST)
Custodial investigation
Questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise deprived of
his freedom of action in any significant way. (Miranda v.
Arizona, 384 U.S. 436)
RIGHTS AVAILABLE TO A PERSON UNDER
INVESTIGATION
(1) The right to remain silent;
(2) The right to competent and independent counsel
preferably of his own choice;
(3) The right to be informed of such rights.
a) The rights begin to be available where “the
investigation is no longer a general inquiry into an
unsolved crime but has begun to focus on a
particular suspect, the suspect has been taken into
police custody, the police carry out a process of
interrogation that lends itself to eliciting
incriminating statements.” (Escobedo v. Illinois,
378 U.S. 478)
b) The rights in this section are available to any
person under investigation for the commission of
an offense.
c) Constitutional procedures on custodial
investigation do not apply to a spontaneous
statement not elicited through questioning by
the authorities, but given in an ordinary
manner whereby the accused orally admits
having committed the crime.
RIGHTS ARE NOT AVAILABLE WHEN: (Bernas)
(1) Before government investigators become involved;
(2) The confession or admission is made to a private
individual;
(3) The person is undergoing audit;
A. Right to be informed of his rights
 It must be presumed to contemplate the
transmission of a meaning information rather than
just a ceremonial and perfunctory recitation of an
abstract constitutional principle. (People v. Rojas,
147 SCRA 169)
 RULE:
It is not sufficient for a police officer just to repeat
to the person under investigation the provisions of the
Constitution. He must also explain their effects in practical
terms. (People v. Rojas, supra.)
(1) There must be an effective communication that results in
understanding what is conveyed.
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B. Right to remain silent
A person under investigation has the right to refuse to answer
any question. His silence may not be used against him.
C. Right to counsel
Under the 1987 Constitution, counsel must be “competent and
independent” and “preferably of his own choice”.
(2) If the accused never raises an objection to counsel given
to him, he is deemed to have been properly counseled.
(3) “Preferably of his own choice” does not mean that the
choice of lawyer by a person under investigation is
exclusive as to preclude other equally competent and
independent attorneys from handling the defense
(Bernas).
WHO ARE NOT CONSIDERED AS “IMPARTIAL
COUNSEL”
(1) Special counsel, public or private prosecutor,
counsel of the police, or a municipal attorney
whose interest is adverse to the accused;
(2) A mayor, unless the accused approaches him as
counselor or adviser;
(3) A barangay captain;
(4) Any other whose interest may be adverse to that of
the accused.
NOTE:
(1) Sec. 12(1) guarantees an accused the right to
counsel not only at his trial but at any critical
confrontation by the prosecution at pretrial
proceedings where the results might well
determine his fate and where the absence of counsel
might derogate from his right to a fair trial. (e.g.
post-indictment lineup) (US v. Wade, 388 US 218)
Inapplicability of Miranda Rights:
General Rule: When the inquiry is no longer under the
control of police officers, the Miranda rights no longer apply
(Bernas).
Exception: The Miranda rights may still apply even after
charges are filed when the police might still attempt to extract
confessions or admissions from the accused outside of judicial
supervision (Bernas).
Unavailability of Miranda Rights
(1) During a police line-up, unless admissions or
confessions are being elicited from the suspect
(Gamboa v. Cruz, G.R. No. L-56291, June 27, 1988).
(2) During administrative investigations (Sebastian, Jr.
v Garchitorena, G.R. No 114028).
(3) Confessions made by an accused at the time he
voluntarily surrendered to the police or outside the
context of a formal investigation; (People v Baloloy,
G.R. No 140740, April 12, 2002) and
(4) Statements made to a private person (People v
Tawat, G.R. No 62871, May 25, 1985).
(5) Forensic investigation is not tantamount to
custodial investigation, therefore Miranda rights is
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not applicable (People v. Tranca, 235 SCRA 455,
1994).
Exclusionary Rule (Sec. 12(3), Art. III)
Covers every form of confession tainted with involuntariness.
It is a manifestation of the care with which the law wishes to
insure the voluntariness of confessions.
(2) The protection covers confessions and admissions.
Confession
Declaration of an accused acknowledging his guilt of the
offense charged, or of any offense necessarily included
therein. (Rule 130, Sec. 33, ROC)
Admission
Act, declaration or omission of party as to a relevant fact.
(Rule 130, Sec. 26, ROC)
(3) Illegally obtained confessions and admissions are
inadmissible against the source of the confession or
admission.
Rights that may be waived
(1) Right to remain silent
(2) Right to counsel
NOTE: However, the right of the accused to be informed of
these rights is not subject to waiver; and
Requisites for valid waiver
(1) Made voluntarily, knowingly and intelligently
(2) In writing
(3) With the presence of counsel (People v. Galit, GR. No.
L-51770, Mar. 20, 1985).
Admissibility as evidence of confessions given to news
reporters and/or media and videotaped confessions
Confessions given in response to a question by news
reporters, not policemen, are admissible. Where the suspect
gave spontaneous answers to a televised interview by several
press reporters, his answers are deemed to be voluntary and
are admissible.
Videotaped confessions are admissible, where it is shown that
the accused unburdened his guilt willingly, openly and
publicly in the presence of the newsmen. Such confessions do
not form part of confessions in custodial investigations as it
was not given to policemen but to media in attempt to solicit
sympathy and forgiveness from the public.
However, due to inherent danger of these videotaped
confessions, they must be accepted with extreme caution.
They should be presumed involuntary, as there may be
connivance between the police and media men (People v.
Endino, G.R. No. 133026, Feb. 20, 2001).
NOTE: What the Constitution bars is the compulsory
disclosure of the incriminating facts or confessions. The rights
under Sec. 12 are guarantees to preclude the slightest use of
coercion by the State, and not to prevent the suspect from
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CONSTITUTIONAL LAW 2
freely and voluntarily telling the truth (People v. Andan, G.R.
No. 116437, Mar. 3, 1997).
RIGHTS OF THE ACCUSED
RIGHTS OF THE ACCUSED
ACCUSED’S RIGHTS
GENERAL RULE: All persons are
(1) Entitled to bail, provided that they give sufficient
securities and be made before conviction; or
(2) Be released on recognizance as may be provided
by law.
EXCEPTION: Those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong.
NOTE: The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required. (Section 13, Art. 3,
CONST)
1. CRIMINAL DUE PROCESS
DUE PROCESS REQUIREMENT IN CRIMINAL
PROCEDURES
No person shall be held to answer for a criminal offense
without due process of law. (Section 14, Art. 3, CONST)
OTHER RIGHTS
In all criminal prosecutions, the accused shall be:
(1) Presumed innocent until the contrary is proved,
and
(2) Shall enjoy the right to be heard by himself and
counsel,
(3) to be informed of the nature and cause of the
accusation against him,
(4) to have a speedy, impartial, and public trial,
(5) to meet the witnesses face to face, and
(6) to have compulsory process to secure the
attendance of witnesses and
(7) the production of evidence in his behalf. (Section
14, Art. 3, CONST)
TRIAL MAY PROCEED EVEN WITHOUT ACCUSED
AFTER HE HAS BEEN ARRAIGNED
However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided, that he
has been duly notified and his failure to appear is
unjustifiable. (Section 14, Art. 3, CONST)
• Sec. 14(1) is restricted to criminal cases only and purely
to their procedural requirements (Cruz, 2007 ed).
• Criminal due process requires that the accused be tried
by an impartial and competent court in accordance with
the procedure prescribed by law and with the proper
observance of all the rights accorded him under the
Constitution and the applicable statutes.
• The basic ingredient of criminal due process is a trial
conducted in accordance with the rudiments of fair play.
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Hence, the accused has a right to complain if the judge
has a personal or pecuniary interest in the outcome of the
case.
• The rights enumerated in Sec. 14 (2), including the right
to impartiality, are protected only during the trial.
Rights of the Accused
Under the Rules of Criminal Procedure. the following are the
rights accorded the accused:
(1) To be presumed innocent until the contrary is
proved beyond reasonable doubt.
(2) To be informed of the nature and cause of the
accusation against him.
(3) To be present and defend in person and by counsel
at every stage of the proceedings, from arraignment
to promulgation of the judgment.
(4) To testify as a witness in his own behalf but subject
to cross-examination on matters covered by direct
examination. His silence shall not in any manner
prejudice him.
(5) To be exempt from being compelled to be a witness
against himself.
(6) To confront and cross-examine the witnesses
against him at the trial. Either party may utilize as
part of its evidence the testimony of a witness
who is deceased, out of or can not with due
diligence be found in the Philippines, unavailable,
or otherwise unable to testify, given in another
case or proceeding, judicial or administrative,
involving the same parties and subject matter,
the adverse party having the opportunity to
cross-examine him.
(7) To have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf.
(8) To have speedy, impartial and public trial.
(9) To appeal in all cases allowed and in the manner
prescribed by law. (Sec. 1, Rule 115, Rules of Court)
2. PRESUMPTION OF INNOCENCE
PRESUMPTION OF INNOCENCE
• It is the responsibility of the prosecution to establish the
defendant’s guilt beyond reasonable doubt; otherwise,
he is entitled to acquittal. Conviction will depend not on
the weakness of his defense but on the strength of the
prosecution.
• The presumption of innocence must be fully adhered to,
requiring that there be evidence sufficient to remove
every vestige of reasonable doubt (People v. Malilay, 63
SCRA 420).
• The presumption of innocence is overcome only by proof
beyond reasonable doubt.
Reasonable doubt
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CONSTITUTIONAL LAW 2
It is that doubt engendered by an investigation of the whole
proof and an inability after such investigation to let the mind
rest upon the certainty of guilt. Absolute certainty of guilt is
not demanded by the law to convict a criminal charge, but
moral certainty is required as to every proposition of proof
requisite to constitute the offense (Mupas v. People, 172834,
2008).
Equipoise rule
Related to presumption of innocence is what is called the
EQUIPOISE RULE which says:
That where the evidence of the parties in a criminal case is
evenly balanced, the constitutional presumption of innocence
should tilt the scales in favor of the accused.
Clearly, however, there is no equipoise if the evidence is not
evenly balanced. The equipoise rule cannot be invoked where
the evidence of the prosecution is overwhelming (Malana v.
People, 173612, 2008).
3. BAIL
Bail
Security given for the release of a person in custody of law,
furnished by him or a bondsman, conditioned upon his
appearance before any court as may be required (Rule 114, Sec.
1, ROC).
It is a mode short of confinement which would, with
reasonable certainty insure the attendance of the accused (De
la Camara v. Enage, 41 SCRA 1, 1971).
General rule: Only persons under detention may petition for
bail, for the purpose of such bail is to secure their provisional
release.
Exception: Any offenses which under the law existing at the
time of its commission and at the time of the application for
bail may be punished by reclusion perpetua, even if a lesser
penalty may be imposed upon conviction.
Exception to Exception: However, even if the crime imputed
to the accused is punishable by reclusion perpetua, he is still
entitled to bail if the evidence of guilt is not strong (Cruz, 2007
ed).
Form of bail
(1) Corporate surety
(2) Property bond
(3) Cash deposit
(4) Recognizance
Because of the importance of the right to bail both for the
accused and for the prosecution, certain duties are imposed
upon the Judge. As reiterated in the case of Basco v. Rapatalo:
(1) Notify the prosecutor of the hearing of the application
for bail or require him to submit his recommendation
(Section 18, Rule 114 of the Rules of Court as amended);
(2) Conduct a hearing of the application for bail
regardless of whether or not the prosecution refuses to
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present evidence to show that the guilt of the accused

is strong for the purpose of enabling the court to
exercise its sound discretion (Sections 7 and 8, supra);
(3) Decide whether the evidence of guilt of the accused is
strong based on the summary of evidence of the
prosecution (Baylon v. Sison);
(4) If the guilt of the accused is not strong, discharge the
accused upon the approval of the bailbond. (Section
19, supra). Otherwise, petition should be denied.

Factors which must be considered in determining bail (Bernas)

a. Ability to post bail
b. Nature of the offense
c. Penalty imposed by law
d. Character and reputation of the accused
e. Health of the accused
f. Strength of the evidence
g. Probability of appearing for trial
h. Prior forfeiture of bonds
i. Whether the accused was a fugitive from
justice when arrested
j. Whether under bond in other cases
(1) Since bail is constitutionally available to all persons, it
must be available to one who is detained even before
formal charges are filed (Herras Teehanke v. Rovira, 75
Phil. 634 , 1945).
(2) But of course, the person claiming the right must be
under actual detention or custody of the law. One is
under the custody of the laweither when he has been
arrested or has surrendered himself to the jurisdiction
of the court.

The following are entitled to bail

(1) Persons charged with offenses punishable by death,
reclusion perpetua or life imprisonment, when evidence
of guilt is not strong
(2) Persons convicted by the trial court pending their
appeal
(3) Persons who are members of the AFP facing a court
martial

Hearing
(1) The constitutional right to bail necessarily includes the
right to a hearing. When bail is denied without a
hearing, a fundamental right is violated (Beltran v.
Diaz, 77 Phil. 484, 1946). The hearing need not be
separate and distinct from the trial itself. And it need
only be summary. The right to a prompt hearing is
waived by agreeing to postponements (Munoz v.
Rilloraza, 83 Phil. 609, 1949).

(2) Hearing on the petition for bail is required to satisfy

due process, but this may be summary in nature or
held in the course of the trial itself. A separate hearing
is not indispensable (Gerardo v. CFI, 86 Phil. 504).

Excessive Bail
The right to bail can be rendered useless by a bail bond set at
an exorbitant amount. Hence, the Constitution prohibits
“EXCESSIVE BAIL.” (Bernas)

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Political Law
BAIL AS A MATTER OF RIGHT v. BAIL AS A MATTER OF
DISCRETION [comparative table]
Bail as a right
Bail is a matter of right if a
person is charged with an
offense not punishable by
reclusion perpetua, life
imprisonment or death.
All persons in custody shall
be admitted to bail as a
matter of right, with
sufficient sureties, or
released on recognizance as
prescribed by law or this
Rule:
(a) before or after conviction
by the Metropolitan Trial
Court, Municipal Trial
Court, Municipal Trial Court
in Cities, or Municipal
Circuit Trial Court, and
(b) before conviction by the
Regional Trial court of an
offense not punishable by
death, reclusion perpetua, or
life imprisonment. (Sec.
4. Rule 114, ROC)
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Bail, when discretionary
Bail is discretionary when a
person is charged with an
offense
Upon conviction by the
Regional Trial Court of an
offense not punishable by
death, reclusion perpetua, or
life imprisonment, admission
to bail is discretionary. The
application for bail may be
filed and acted upon by the
trial court despite the filing of
a notice of appeal, provided it
has not transmitted the
original record to the
appellate court. However, if
the decision of the trial court
conviction the accused
changed the nature of the
offense from non-bailable to
bailable, the application for
bail can only be filed with and
resolved by the appellate
court.
Should the court grant
the application, the accused
may be allowed to continue
on provisional liberty during
the pendency of the appeal
under the same bail subject to
the consent of the bondsman.
If the penalty imposed by
the trial court is
imprisonment exceeding six
(6) years, the accused shall be
denied bail, or his bail shall be
cancelled upon a showing by
the prosecution, with notice
to the accuse, of the following
or other similar
circumstances:
• That he is a
recidivist, quasi-recidivist,
or habitual delinquent, or
has committed the crime
aggravated by the
circumstance of
reiteration;
• That he has
previously escaped from
legal confinement, evaded
sentence, or violated the
conditions of his bail
without valid justification;
Constitutional Law I
• That he committed
the offense while under
probation, parole, or
conditional pardon;
• That the
circumstances of his case
indicate the probability of
flight if released on bail; or
• That there is undue
risk that he may commit
another crime during the
pendency of the appeal.
The appellate court
may, motu proprio or on
motion of any party, review
the resolution of the Regional
Trial Court after notice to the
adverse party in either case.
(Sec. 5, Rule 114, ROC)
4. RIGHT TO BE HEARD
(1) In a very broad sense, it can be understood to mean
the totality of the rights embodied in an adequate
criminal procedural system (Bernas).
(2) The qualities demanded of the hearer are fairness and
impartiality. Lit is demanded that judge may not play
the double role od prosecutor and judge in one and
the same case. He must maintain an attitude of
neutrality in regard to the prosecution and the
accused (People v. Castaneda, 63 Phil. 480, 1936).
The more active role of the accused in expressing the right to be
heard includes:
(1) The right to present evidence and to be present at the trial
a. Includes the right to testify in one’s favor and
b. The right to be given time to call witnesses (US v.
Chueco, 37 Phil. 53, 1917)
(2) The right to be assisted by counsel
a. The right of the accused to counsel in criminal
proceedings has never been considered subject to
waiver (Florez v. Ruiz, 90 SCRA 429).
b. The right to be assisted by counsel is deemed so
important that it has become a constitutional right and
it is so implemented that under our rules of procedure
it is not enough for the Court to apprise an accused of
his right to have an attorney, it is not enough to ask
him whether he desires the aid of an attorney, but it is
essential that the court should assign one de oficio if he
so desires and he is poor grant him a reasonable time
to procure an attorney of his own (People v. Holgado, 86
Phil. 752).
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(3) [W]hen a defendant appears without attorney, the court
has four important duties to comply with:
a. It must inform the defendant that it is his right to have
attorney before being arraigned;
b. After giving him such information the court must ask
him if he desires the aid of an attorney;
c. If he desires and is unable to employ attorney, the
court must assign counsel de oficio to defend him;
d. If the accused desires to procure an attorney of his own
the court must grant him a reasonable time therefor.
Where duly authorized members of the bar are not available,
the court may appoint any person resident of the province and
of good repute for probity and ability.
The right to compulsory process to compel the attendance of
witnesses in his behalf.
5. RIGHT TO BE INFORMED
Purpose and requirements:
(US v. Karelsen, 3 Phil. 223, 1904)
• to furnish the accused with such a description of the charge
against him as will enable him to make his defense;
• to avail himself of his conviction or acquittal for protection
against a further prosecution for the same cause; and
• to inform the court of the facts alleged, so that it may
decide whether they are sufficient in law to support a
conviction if one should be had. (United
States vs. Cruikshank, 92 U. S., 542.)
Requisites for properly informing the accused of the nature
and cause of accusation
(1) Information must state the name of the accused
(2) Designation given to the offense by statute
(3) Statement of the acts or omission so complained of as
constituting the offense
(4) Name of the offended party
(5) Approximate time and date of commission of the
offense
(6) Place where offense was committed
(7) Every element of the offense must be alleged in the
complaint or information
 In order that this requirement may be satisfied, facts must
be stated; not conclusions of law. Every crime is made up
of certain acts and intent; these must be set forth in the
complaint with reasonable particularity of time, place,
names (plaintiff and defendant), and circumstances. In
short, the complaint must contain a specific allegation of
every fact and circumstance necessary to constitute the
crime charged.
 The defendant is entitled to know the nature and cause of
the accusation against him so he can adequately prepare
for his defense (Cruz, 2007 ed).
 The description and not the designation of the offense is
controlling.
 The defendant is also denied the right to be informed of the
charge against him, and to due process as well, where the
statute itself is couched in such indefinite language that it
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Constitutional Law I
is not possible for men of ordinary intelligence to
determine therefrom what acts or omissions are punished
and hence, should be avoided. This is the void-for-
vagueness rule.
Variance doctrine
In spite of the difference between the crime that was charged
and that which was eventually proved, the accused may still be
convicted of whatever offense that was proved even if not
specifically set out in the information provided it is necessarily
included in the crime charged (Teves v. Sandiganbayan, G.R. No.
154182, Dec. 17, 2004).
6. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
Right to a Speedy Disposition of the Case
Sec. 16, Art. III, 1987 Constitution
All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or
administrative bodies.
Scope
 The right covers all periods before, during, and after trial.
 It applies to civil, criminal, and administrative cases.
 Any party to a case may demand expeditious action on all
officials.
Section 16 Section 14
Applies to all phases in all Applies only to trial phase in
judicial, quasi-judicial, criminal proceedings.
administrative proceedings.
Speedy trial
One free from vexatious, capricious and oppressive delays And
is intended to relieve the accused of needless anxieties and
inconveniences before sentence is pronounced upon him (Flores
v. People, 61 SCRA 331).
Factors may be considered in determining whether the accused
has been deprived of his right to speedy trial and disposition of
case: (Corpuz v. Sandiganbayan)
 Length of delay;
 Reason for the delay;
 Defendant’s assertion of his right; and
 Prejudice to the defendant.
NOTE: The denial of the right to speedy trial is a ground for
acquittal.
Remedy for Violation: Dismissal through mandamus.
The right to speedy trial [Sec. 14 (2)] particularly refers to
criminal prosecutions which are at the trial stage, while the right
to speedy disposition of cases (Sec. 16) applies to all cases before
judicial, quasi-judicial or administrative bodies.
Impartial trial
Accused is entitled to cold and neutrality of an impartial judge
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Public trial
General rule: A trial is public when anyone interested in Requirements for the exercise of the right to secure attendance
observing the manner a judge conducts the proceedings in his of witness
courtroom may do so. There is no ban on such attendance. His
being a stranger to the litigants is of no moment. No relationship (1) The witness is really material
to the parties need be shown (Garcia v. Domingo, L-30104, 1973). (2) The attendance of the witness was previously
obtained
Exception: The general public may be excluded when the (3) The witness will be available at the time desired
evidence to be presented in the proceeding may be (4) No similar evidence could be obtained
characterized as offensive to decency or public morals (Rule 119,
Sec. 13, ROC). NOTE: Right to cross-examine is demandable only during trials.
Thus, it cannot be availed of during preliminary investigations.
The issue was whether the trial held in the judge’s chambers
without, however, any evidence of an attempt to exclude the Principal exceptions to the right of confrontation
public was violative of the constitutional command.
(1) Admissibility of dying declarations and all exceptions
to the hearsay rule
(2) Trial in absentia under Sec.14 (2) of Art. III of the
RIGHT OF CONFRONTATION Constitution
(3) With respect to child testimony
Two- fold Purpose:
(1) To afford the accused an opportunity to test the
testimony of the witness by cross-examination, and TRIAL IN ABSENTIA
(2) To allow the judge to observe the deportment of the
witness (US v. Anastacio, 6 Phil. 413, 1906).
Requisites:
Right of confrontation is recognized during preliminary
investigation proper but not during preliminary examination. A (1) The accused has already been arraigned;
preliminary examination is generally a proceeding ex parte in (2) He has been duly notified of the trial; and
which the person charged has no right to participate or be (3) His failure to appear is unjustified (People v. Salas, 143
present (Marinas v. Siochi, 104 SCRA 423, 1981). SCRA 163).

This is mandatory upon the court whenever the accused has

COMPULSORY PROCESS
(1) The accused is entitled under the Constitution to the
issuance of subpoena and subpoena duces tecum for the
purpose of compelling the attendance of witnesses
and the production of evidence that he may need for
his defense. Failure to obey then subject to contempt
of court or may be arrested so needed evidence will
be given.
(2) The right to compulsory process must be invoked
during the trial. Failure to do so constitutes a waiver
that cannot be rectified or undone on appeal (US v.
Garcia, 10 Phil. 384).
been arraigned, notified of the dates of the hearing, and his
absence is unjustified.
Trial in absentia can also take place when the accused
voluntarily waives his right to be present. This right may be
waived PROVIDED that
(1) After arraignment he may be compelled to appear for
the purpose of identification by the witnesses of the
prosecution, or
(2) He unqualifiedly admits in open court after his
arraignment that he is the person named as defendant
in the case on trial (Carredo v. People, 77542, 1990).

AD TESTIFICANDUM DECUS TECUM

A process directed to a The person is also required

person requiring him to to bring with him any books,
attend and to testify at the documents, or other things
hearing or trial of an action, under his control.
or at any investigation
conducted by competent
authority, or for the taking of
his deposition.

NOTE: The subpoena duces tecum shall contain a reasonable

description of the books, documents or things demanded which
must appear to the court as prima facie relevant.

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WRIT OF HABES CORPUS
WRIT OF HABEAS CORPUS
Sec. 15, Art. III, 1987 Constitution
The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the
public safety requires it.
A. PRIVILEGE
Directed to the person detaining another, commanding him to
produce the body of the prisoner at a designated time and place,
with the day and cause of his caption and detention, to do,
submit to, and receive whatever the court or judge awarding the
writ shall consider in that behalf.
Functions as the most immediately available safeguard of
personal liberty.
Object and Purpose
(1) To achieve immediate determination of the legality of
a detention.
(2) “To inquire into all manner of involuntary restraint as
distinguished from voluntary, and to relieve a person
therefrom if such restraint is illegal.”
(3) “To provide a speedy and effectual remedy to relieve
persons from unlawful restraint,
(4) “To set the individual at liberty”
 Habeas Corpus is not the proper mode to question
conditions of confinement.
Personal Liberty
Actual deprivation of personal liberty is a requisite to the
availability of the writ.
 A prime specification of an application for a writ of habeas
corpus is restraint of liberty. The essential object and
purpose of the writ of habeas corpus is to inquire into all
manner of involuntary restraint as distinguished from
voluntary, and to relieve a person therefrom if such
restraint is illegal. Any restraint which will preclude
freedom of action is sufficient. (Villavicencio vs Lukban,
1919)
Personal liberty can be lost through:
- Physical compulsion
- External Moral compulsion
- Founded or groundless fear
- Belief in existence of imaginary
- power to cause harm
- Other psychological curtailment of mental faculty.
B. SUSPENSION
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Power to Suspend
The power to suspend the privilege of the writ is vested in
both the President and the Legislative.
The President
(1) May suspend the privilege for not exceeding 60
days.
(2) May initiate extension of the suspension.
Congress
(1) Has the power to revoke the suspension and the
President may not set aside the revocation.
(2) May, upon the President’s initiative, extend the
suspension.
 The Court ruled that “what is suspended is not the writ,
but the privilege of the writ.”
Conditions for Validity
(1) There is invasion, or rebellion; and
(2) That public safety requires the suspension.
(3) Person is judicially charged with rebellion or offenses
connected directly or indirectly with invasion
(4) Person detained, during suspension, be judicially
charged within 3 days. Otherwise, he will be arrested.
 Two conditions must concur for the valid exercise of the
authority to suspend the privilege to the writ (a) there
must be "invasion, insurrection, or rebellion" or "imminent
danger thereof," and (b) "public safety" must require the
suspension of the privilege. President has three
(3) courses of action: (a) to call out the armed forces; (b) to
suspend the privilege of the writ of habeas corpus; and (c)
to place the Philippines or any part thereof under martial
law. He had, already, called out the armed forces, proved
inadequate. Of the two other alternatives, the suspension
of the privilege is the least harsh (Lansang vs Garcia, 1971).
Effect of Suspension
Temporarily prevents the courts from enquiring into the
legality of the detention.
Power to Review Suspension
The Supreme Court, upon initiative of any citizen, may review
the “sufficiency of the factual basis of the suspension” and
must promulgate its decision within 30 days from the filing
(Art. VII, Sec. 18, CONST).
Powers of the Supreme Court:
(1) Determine if there is in fact actual invasion, or
rebellion;
(2) Determine whether public safety requires the
suspension
Problems upon Suspension
(1) Whether the accused under an offense during the
suspension is entitled to release on bail
(2) Lack of procedure after an accused is detained for a
crime during the suspension despite receiving
evidence to establish probable cause or reasonable
belief
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 Because the privilege of the writ of habeas
corpus remains suspended "with respect to persons at
present detained as well as other who may hereafter be
similarly detained for the crimes of insurrection or
rebellion, subversion, conspiracy or proposal to commit
such crimes, and for all other crimes and offenses
committed by them in furtherance of or on the occasion
thereof, or incident thereto, or in connection therewith,"
the natural consequence is that the right to bail for the
commission of anyone of the said offenses is also
suspended. To hold otherwise would defeat the very
purpose of the suspension. Therefore, where the offense for
which the detainee was arrested is anyone of the said
offenses he has no right to bail even after the charges are
filed in court. (Moncupa vs Ponce Enrile, 1983)
C. REMEDIES
which shall, among other things, contain his defenses. A general
denial is not allowed. (Sec. 9)
Hearing
Summary or court may call for a preliminary conference; given
same priority as petition for habeas corpus. (Sec. 13)
Proof required: Substantial evidence
Defense:
(1) Private individual – ordinary diligence
(2) Public official – extraordinary diligence, no presumption of
regularity of duties. (Sec. 17)
WRIT OF HABEAS DATA
The writ of habeas data is an independent and summary remedy
designed to protect the image, privacy, honor, information, and
freedom of information of an individual, and to provide a forum
to enforce one’s right to the truth and to informational privacy.

 Suggested remedy to lack of entitlement to right to bail is There must be a nexus between right to privacy and right to life,
to have the executive file a formal charge against the liberty and security.
detainee. Because the moment a formal charge is filed, the
executive submits the legalities of the case to the Right To Informational Privacy v. Legitimate State Interest
jurisdiction of the courts, thus opening the case to inquiries
of the legality of the detention and waiving the effects of The determination of whether the privilege of the writ of habeas
executive suspension of the privilege (Bernas). data, being an extraordinary remedy, may be granted in this
case entails a delicate balancing of the alleged intrusion upon
Prior to 1987 the private life of Gamboa and the relevant state interest
1987 Constitution involved. (Gamboa v. P/Supt. Marlou C. Chan, et al., 2012)
Constitution
Vested in both
Power to Vested in the
executive and the
Suspend Executive WRIT OF KALIKASAN
President
Should be SC may review,
“within proper upon initiative of Remedy against violation or threat of violation of constitutional
bounds”; any citizen, right to a balanced and healthful ecology by an unlawful act or
Power of Judicial meaning by sufficiency of the omission of a public official or employee, or private individual
Review over the asking if the factual basis, and or entity, involving environmental damage of such magnitude
factual bases of Executive has determine as to prejudice the life, health or property of inhabitants in two
the suspension gone beyond the Executive or more cities or provinces
constitutional arbitrariness in
limits of its arriving at the Who may file: Natural or juridical persons, NGO or public
jurisdiction suspension interest groups in behalf of persons whose right is violated.
Invasion,
Conditions for Who has jurisdiction: Supreme Court or Court of Appeals.
insurrection, Invasion, or
validity of
rebellion, or rebellion
suspension
imminent danger

WRIT OF AMPARO, HABEAS DATA, AND

KALIKASAN

WRIT OF AMPARO

Sec. 1, The Rule on the Writ of Amparo. The petition for a writ
of amparo is a remedy available to any person whose right to life,
liberty and security is violated or threatened with violation by
an unlawful act or omission of a public official or employee, or
of a private individual or entity.

Within 72 hours after service of the writ, the respondent shall

file a verified written return together with supporting affidavits

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SELF-INCRIMINATION CLAUSE
SELF-INCRIMINATION CLAUSE
Sec. 17, Art. III, 1987 Constitution
No person shall be compelled to be a witness against himself.
1. SCOPE AND COVERAGE
Purpose of the provision is to prohibit compulsory oral
examination of prisoners before the trial, or upon trial to extort
unwilling confessions or declarations (Bernas).
What is prohibited is the use of physical or moral torture to
extort information from the witness, not inclusion of his body
or substances from it, in evidence.
Not prohibited: Physical Examination
Us vs. Tan Teng
23 Phil 145, GR 7081, (1912)
Facts:
The defendant was accused of raping his 7yr old neighbor.
She later contracted gonorrhea. The investigation revealed
him as the suspect after they examined substances from his
body and found he had gonorrhea. He alleged his right
against self-incrimination was violated because of the
physical examination.
Issue:
Was the physical examination violating his right against self-
incrimination?
Held:
No. The taking of a substance from his body was not a violation of
the said right. He was neither compelled to make any
admissions or to answer any questions. The substance was
taken from his body without his objection and was examined
by competent medical authority.
The prohibition of self-incrimination in the Bill of Rights is a
prohibition of the use of physical or moral compulsion to
extort communications from him, and not an exclusion of his
body as evidence, when it may be material. It would be the
same as if the offender apprehended was a thief and the
object stolen by him may be used as evidence against him.
• Hand writing
• Since witnesses in a preliminary investigation
are protected by the prohibition, they may not be
compelled to take a dictation to compare their
handwriting with that found in a supposedly
falsified document (Beltran vs. Samson. 1929).
• Mere denial of the witness that the documents
were in her handwriting does not constitute a
waiver of the right because such denial discloses
nothing (Bermudez vs. Castillo, 1937).
• Documents and Records
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A compulsory production of the private books and
papers of the owner is compelling him to be a witness
against himself.
Exception
Shapiro vs. United States
335 US 1, (1948)
Facts:
A prosecution arose from alleged violations of the
Emergency Price Control Act of 1942. The defendant was
required by law to keep certain records. When these records
were ordered produced, he claimed protection under this
privilege.
Issue:
Is the defendant entitled to invoke the right?
Held:
No. The privilege which exists as to private papers cannot
be maintained in relation to ‘records required by law to be
kept in order that there may be suitable information of
transactions which are the appropriate subjects of
governmental regulations and the enforcement of
restrictions validly established.
Incriminating question
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.
NOTE: The privilege against self-incrimination is not self-
executing or automatically operational. It must be claimed. It
follows that the right may be waived, expressly, or impliedly, as
by a failure to claim it at the appropriate time.
The privilege against self-incrimination can be claimed only
when the specific question, incriminatory in character, is
actually addressed to the witness. It cannot be claimed at any
other time. It does not give a witness the right to disregard a
subpoena, to decline to appear before the court at the time
appointed (Rosete v. Lim, G.R. No. 136051, June 8, 2006).
2. APPLICATION
To Persons
(1) The right applies only to natural persons. The accused, a
witness, and a witness who is also an accused, may avail
of this right.
a. Accused may refuse to be a witness altogether.
b. Witness cannot refuse to take the stand. He may
invoke the right when an incriminating question is
asked.
Incriminating Questions are those that tend to establish a fact
necessary in linking the evidence to prove the commission of
crime by the accused or the witness.
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• The right includes a right to refuse to testify to a fact
which would be a necessary link in a chain of
evidence to prove the commission of a crime by a
witness (Fernando vs. Maglanoc, 1954).
To Proceedings
• The right may be invoked in criminal proceedings
and administrative investigations in the nature of or
analogous to a criminal proceeding.
Pascual Jr. v. Board of Medical Examiner
GR L-25018 (1969)
Facts:
The petitioner filed an action for prohibition and preliminary
injunction in a proceeding for his alleged malpractice. He
claims the counsel for the respondent violated his right
against self-incrimination after he expressly stated he
refused to be a witness for them. This was in record. The
respondents said he would be called again to the witness
stand unless he can obtain a restraining order.
Issue:
Was compelling the accused to be the respondent’s first
witness in violation of his right?
Held:
The Court found for the petitioner in accordance with the
well-settled principle that "the accused in a criminal
case may refuse, not only to answer incriminatory
questions, but, also, to take the witness stand." If petitioner
would be compelled to testify against himself, he could
suffer not the forfeiture of property but the revocation of
his license as a medical practitioner. The constitutional
guarantee protects as well the right to silence: "The accused
has a perfect right to remain silent and his silence cannot be
used as a presumption of his guilt." It is the right of a
defendant "to forego testimony, to remain silent, unless he
chooses to take the witness stand — with undiluted,
unfettered exercise of his own free genuine will."
3. IMMUNITY STATUTES
 Use Immunity
 Transactional Immunity
 Exclusionary Rule
USE IMMUNITY
Section 18(8), Article XIII, 1987 Constitution: Use
Immunity
The Commission on Human Rights shall have the following
powers and functions:
(8) Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
evidence is necessary or convenient to determine the
truth in any investigation conducted by it or under its
authority;
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• The provision on use immunity prohibits the use of the
witness’ compelled testimony and its fruits in any manner
connected with the criminal prosecution of the witness.
The witness may still be prosecuted but his compelled
testimony is dispensed with.
• The provision grants the CHR the right to grant this
immunity to persons whose documents were compelled to
be submitted in evidence.
TRANSACTIONAL IMMUNITY
RA 1379: An Act Providing for Forfeiture In Favor of the
State any Property found to have been Unlawfully
Acquired by any Public Officer or Employee
(8) Protection against self-incrimination. Neither the
respondent nor any other person shall be excused from
attending and testifying or from producing books,
papers, correspondence, memoranda and other records
on the ground that the testimony or evidence,
documentary or otherwise, required of him may tend to
incriminate him or subject him to prosecution; but no
individual shall be prosecuted criminally for or on
account of any transaction, matter or thing concerning
which he is compelled, after having claimed his
privilege against self-incrimination, to testify or
produce evidence, documentary or otherwise, except
that such individual so testifying shall not be exempt
from prosecution and conviction for perjury or false
testimony committed in so testifying or from
administrative proceedings.
(9) Immunity. The Solicitor General may grant immunity
from criminal prosecution to any person who testifies
to the unlawful manner in which the respondent has
acquired any of the property in question in cases where
such testimony is necessary to prove violations of this
Act.
• Such immunity is granted to the witness from prosecution
for an offense to which his compelled testimony relates to.
The witness cannot be prosecuted at all.
• The respondent cannot excuse himself from producing the
documentary evidence required by invoking the right
against self-incrimination.
• But he cannot be criminally prosecuted for transactions he
was compelled into after he has invoked this right.
However, he can still be prosecuted for perjury or false
testimony for testifying as such, and for administrative
proceedings.
EXCLUSIONARY RULE
Section 12(2), Article III, 1987 Constitution
No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited
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INVOLUNTARY SERVITUDE AND

POLITICAL PRISONERS

INVOLUNTARY SERVITUDE AND POLITICAL

PRISONERS

Sec. 18, Art. III, 1987 Constitution

 No person shall be detained solely by reason of his
political beliefs and aspirations.

 No involuntary servitude in any form shall exist except

as a punishment for a crime whereof the party shall
have been duly convicted.

A. ILLEGAL DETENTION

Illegal detention
The provision on illegal detention is an added security to the
due process clause, and to the guarantee of freedom of speech,
press and expression in Section 4.

B. INVOLUNTARY SERVITUDE

Involuntary Servitude
A condition of enforced or compulsory service of one to another
(Rubi vs. Provincial Board, 39 Phil 660, 708, 1919) no matter
under what form such servitude may be disguised (Bailey vs.
Alabama, 219 U.S. 219, 1910).

• Domestic services are always to be renumerated, an

no agreement may subsist in law in which it is
stipulated that any domestic service shall be
absolutely gratuitous, unless it be admitted that
slavery may be established in this country through a
covenant entered into between interested parties. (de
los Reyes vs. Alojado, 1910)

Exceptions
• Punishment for a crime for which the party has been
duly convicted.
• Personal military or civil service in the interest of
national defense.
• In naval enlistment: a person who enlists in a
merchant ship may be compelled to remain in service
until the end of the voyage.
• Posse comitatus for the apprehension of criminals
• Return to work order issued by the DOLE Secretary
or the President.
• Minors under patria potestas are obliged to obey their
parents.

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SECTION 19: Rights under Conviction and Death Penalty
LIMITATIONS ON PENALTIES
(1) No excessive fines to be imposed
(2) No cruel, degrading, or inhuman punishment shall be
inflicted.
DEATH PENALTY
GENERAL RULE: Death penalty not allowed
EXCEPT: unless, for compelling reasons involving heinous
crimes
NOTE: the Congress hereafter provides guidelines for
imposition of death penalty. And any death penalty already
imposed shall be reduced to reclusion perpetua.
CONSEQUENCE FOR SUBSTANDARD FACILITIES
The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.
EXCESSIVE FINES AND CRUEL AND
INHUMAN PUNISHMENTS
EXCESSIVE FINES AND CRUEL AND INHUMAN
PUNISHMENTS
Cruel, Degrading, and Inhumane Punishments
• Punishment is cruel and inhumane if it involves torture
or lingering death; but the punishment of death is not
cruel. The constitutional limit is based on the mode
and nature of the punishment in terms of the physical
pain (Legarda vs. Valdez 1 Phil 146, 1902).
• A penalty is cruel and unusual if it is flagrantly
disproportionate to the offense no matter under what
circumstances the offense may be committed. The
punishment imposed by the Legislature exceeded the
limits of its discretionary power (Bernas).
• Punishment is degrading if it exposes a person to
public humiliation.
• Unconstitutional punishments imply something
inhuman and barbarous, something more than the
mere extinguishment of life (People vs. Mercado, GR
No. 116239, November 29, 2000).
Four Basic Principles for judging Severe Punishment
(J. Brennan, Furman vs. Georgia, 408 U.S. 238, 1972)
 The punishment must not be so severe as to be
degrading to the dignity of human beings.
 It must not be applied arbitrarily.
 It must not be unacceptable to contemporary society
 It must not be excessive, or it must serve a penal
purpose more effectively than a less severe
punishment would.
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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. The reason
for this is without a valid penalty, the law is not a penal law.
Excessive Fines
• A fine is excessive when it is disproportionate to the
offense or crime committed.
DEATH PENALTY
RA 7659, Death Penalty Law
RA 9346, Suspending Death Penalty Law
• The penalty was abolished altogether, but left the matter
open for Congress to revive capital punishment at its
discretion “for compelling reasons involving heinous
crimes”
• The Constitution prohibits imposing capital punishment,
But Congress has discretion to revive it under
circumstances of heinous crimes
Heinous Crimes
• RA 7659 provides that crimes are heinous “for being
grievous, odious, and hateful offenses and which, by
reason of their inherent or manifest wickedness,
viciousness, atrocity and perversity are repugnant
and outrageous to the common standards and norms
of decency and morality in a just, civilized and
ordered society”. The Court finds this definition or
descriptions “to be a sufficient criterion of what is to
be considered a heinous crime”. (People v. Echagaray,
G.R. No. 117472, Feb. 7, 1997.)
Requirements for Restoring Death Penalty
• That Congress define or describe what is meant by heinous
crimes;
• That Congress specify and penalize death only crimes that
qualify as heinous as defined or described, and/or designate
crimes punishable by reclusion perpetua to death in which
the latter case, death can only be imposed upon attendance of
circumstances duly proven in court;
• That Congress, in enacting the death penalty bill, be
singularly motivated by “compelling reasons involving
heinous crimes”.
CUSTODIAL CRUELTIES AND INADEQUATE PENAL
FACILITIES
Unless facilities of the penitentiary are brought up to a level of
constitutional tolerability, they should not be used for the
confinement of prisoners at all (Bernas).
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NON-IMPRISONMENT FOR DEBTS
NON-IMPRISONMENT FOR DEBTS
Sec. 20, Art. III, 1987 Constitution
No person shall be imprisoned for debt or non-payment of a
poll tax.
Debt
Refers to any civil obligation arising from contract, expressed or
implied (Cruz, 2007 ed).
• As long as the obligation to pay arises ex contractu, it is
considered a private matter between the creditor and the
debtor and the punitive arm of the State cannot be
employed in a criminal action to enforce the former’s right.
The remedy in this case is a civil action only for the
recovery of the unpaid debt.
• In the Ganaway case, debt includes even debts obtained
through fraud since no distinction is made in the
Constitution.
NON-PAYMENT OF POLL-TAX
A poll tax or cedula tax
It is a tax imposed on all persons of a certain age. At present it
is the tax one pays for his or her residence certificate which
generally serves as a personal identification instrument (Benras).
• A specific fixed sum levied upon every person belonging
to a certain class without regard to his property or
occupation (Cruz, 2007 ed).
• Poll tax is not progressive and antiquated.
General rule: Since a tax is not a debt but arises from the
obligation of the person to contribute his share in the
maintenance of the government, failure to pay the same can be
validly punished with imprisonment.
Exception: Failure to pay poll tax. This exception is adopted
pursuant to the social justice policy (Cruz, 2007 ed).
DOUBLE JEOPARDY
DOUBLE JEOPARDY
Sec. 21, Art. III, 1987 Constitution
No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
(1) The right against double jeopardy prohibits the
prosecution of any person for a crime of which he has
previously been acquitted or convicted.
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(2) The rule protects the accused not against the peril of
second punishment, but against being again tried for the
same offense. (People v. Ylagan, 58 Phil 851)
Purpose:
To set the effects of the first prosecution forever at rest, assuring
the accused that he shall not thereafter be subjected to the
dangers and anxiety of a second charge against him for the same
offense (Cruz).
REQUISITES:
 A first jeopardy must have attached prior to the
second;
 He first jeopardy must have terminated;
 The second jeopardy must be for the same offense as
that in the first.
When does first jeopardy terminate
(1) By acquittal;
(2) By final conviction;
(3) By dismissal without express consent of the accused;
(4) By dismissal on merits.
When does double jeopardy attach
(1) In a court of competent jurisdiction;
(2) upon a valid complaint or information;
(3) after he has been arraigned; and
(4) after he has pleaded to the complaint of information.
(People v. Ylagan, supra.)
Crimes covered by the rule against double jeopardy
The accused may not be prosecuted anew:
(1) For the original offense charged, or
(2) For any attempt to commit the same or frustration
thereof, or
(3) For any offense which necessarily includes or is
necessarily included in the offense charged in the
original complaint or information (Cruz).
• The protection against double jeopardy may be waived by
the accused. Thus, when the accused himself files or
consents to the filing of a motion for reconsideration or
modification, double jeopardy cannot be invoked because
the accused waived his right not to be place therein by
filing such motion. (People v. Astudillo, 401 SCRA 723)
• A motion for reconsideration or modification filed by or
with consent of the accused renders the entire evidence
open for the review of the trial court without, however,
conducting further proceedings, such as the taking of
additional proof. (People v. Astudillo, supra.)
Supervening Event
The accused may be prosecuted for another offense if a
subsequent development changes the character of the first
indictment under which he may have already been charged or
convicted.
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• Where after the first prosecution a new fact supervenes for
which the defendant is responsible, which changes the
character of the offense and, together with the facts
existing at the time, constitutes a new and distinct offense,
the accused cannot be said to be in second jeopardy if
indicted for the new offense. (People v. City Court of Manila,
Br. XI, 121 SCRA 637)
Double jeopardy for the same act
The constitutional protection against double jeopardy is
available only where an identity is shown to exist between the
earlier the subsequent offense charged.
• The identity of offenses does not require on-to-one
correspondence between the facts and law involved in one
offense is completely included in the other (Bernas).
• An offense penalized by municipal ordinance, is by
definition, different from an offense under a statute. The
two offenses would never constitute the same offense
having been promulgated by different rule-making
authorities and the plea of double jeopardy would never
lie. (People v. Relova, 148 SCRA 292)
Motion to quash
Dismissal on motion to quash prevents jeopardy
Reason:
It does not amount to acquittal on merits because it is directed
at the insufficiency of the first information. The defendant is
deemed not to have been charged. (Cañiza v. People, 159 SCRA
16)
Dismissal on demurrer
The Court has held a dismissal equivalent to an acquittal on the
merits, and consequently, a bar to a subsequent prosecution for
the same offense or an offense which necessarily includes or is
necessarily included in the offense charged in the former
complaint but dismissal was predicated either on the failure of
the prosecution to prove the guilt of the accuse beyond
reasonable doubt, or on the right of the accused to a speedy
trial. (People v. Mogol, 131 SCRA 296)
Absence of jurisdiction prevents jeopardy
A court without jurisdiction cannot render a valid judgment;
hence, a person charged before it cannot plead double jeopardy
when tried anew for the same offense by a competent court, as
the first prosecution never placed him in jeopardy (Cruz).
EX POST FACTO LAWS AND BILLS OF
ATTAINDER
EX POST FACTO LAWS AND BILLS OF
ATTAINDER
Sec. 22, Art. III, 1987 Constitution
No ex-post facto law or bill of attainder shall be enacted.
EX-POST FACTO LAW
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• Makes an action done before the passing of the law
and which was innocent when done criminal, and
punishes the action; or
• Aggravates a crime or makes it greater than when it
was committed; or
• Changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
it was committed; or
• Alters the legal rules of evidence and receives less or
different testimony than the law required at the time
of the commission of the offense in order to convict
the defendant.
• Assumes to regulate civil rights and remedies only
but in effect imposes a penalty or deprivation of a
right which when done was lawful;
• Deprives a person accused of a crime of some lawful
protection to which he has become entitled, such as
the protection of a former conviction or acquittal, or a
proclamation of amnesty (Bernas).
NOTES:
• The ex-post facto clause only prohibits retrospective penal
laws.
• A law on criminal procedure can be an ex-post facto law
when it alters the legal rules of evidence or mode of trial
UNLESS the changes operate only in a limited and
unsubstantial manner to the disadvantage of the accused.
• A law shortening the prescriptive period for a crime is ex-
post facto law.
BILL OF ATTAINDER
A legislative act that inflicts punishment without trial, its
essence being the substitution of legislative fiat for a judicial
determination of guilt (Cruz).
Elements
(1) There must be a law;
(2) The law imposes a penal burden on a named individual
or easily ascertainable members of a group;
(3) The penal burden is imposed directly by the law without
judicial trial.
Two kinds of bill of attainder
(1) Bill of attainder proper (legislative imposition of the
death penalty)
(2) Bill of pains and penalties (imposition of a lesser penalty)
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GENERAL PRINCIPLES

DEFINITION

A public office is the right, authority, and duty, created and

conferred by law, by which, for a given period, either fixed by
law or enduring at the pleasure of the creating power, an
individual is invested with some portion of the sovereign

LAW ON
functions of the government, to be exercised by him for the
benefit of the public. The individual so invested is a public
officer. (Laurel v. Desierto, 381 SCRA 48)

PUBLIC OFFICERS A public office is a public trust. A public servant is expected to

exhibit, at all times, the highest degree of honesty and integrity,
and is accountable to all those he or she serves. [Hallasgo v.
Commission on Audit, G.R. No. 171340 (2009)]

Law on Public Officers

This branch of law deals with public office, its creation,
modification, and dissolution, as well as the eligibility of public
officers, the manner of their election or appointment and
assumption of office, their rights, duties, powers, inhibitions,
and liabilities and the modes of terminating their official
relations.

ESSENTIAL ELEMENTS OF A PUBLIC OFFICE

(1) Created by the Constitution, law, or by authority of law

(2) A delegation of some portion of the sovereign power
(3) Powers and functions are defined by the Constitution,
law, or legislative authority
(4) Duties pertaining thereto are performed independently,
without control of a superior power
(5) Continuing and permanent in nature.
(De Leon)

A public office must be created by the (1) Constitution, (2)

national legislation, or (3) municipal or subordinate legislation,
via authority conferred by the Legislature.

The delegation of a portion of the sovereign powers of

government necessarily means that the powers are to be
exercised for the benefit of the public.

Powers conferred and duties imposed upon the office must be

defined, directly or impliedly.

General Rule: Duties must be performed independently and

without the control of a superior power other than the law.

Exception: Duties of an inferior subordinate office that was

created or authorized by the Legislature and which inferior or
subordinate office is placed under the general control of a
superior office or body.

CLASSIFICATIONS OF PUBLIC OFFICERS

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ELECTIVE Created by the Constitution, including depart therefrom without

NATIONAL the President, Vice President, the consent of the other.
Senators, House of Representatives Scope
ELECTIVE Local officials Duties are generally Duties are very specific to
LOCAL continuing and permanent. the contract.
APPOINTIVE Created by Constitution: Chief Justice Where duties are defined
and Associate Justices, Chairman and The law. Contract.
Members of Constitutional
Commissions, and Ombudsman and Public office is not property.
his deputies A public office is
- Presidential Appointees: Not (1) A public trust
subject to approval by the Civil - Which requires that all government officials and
Service Commission employees must at all times be accountable to the
- Non-Presidential Appointees: people, serve them with utmost responsibility,
Subject to approval by the Civil integrity, loyalty, and efficiency, with patriotism and
Service Commission lead modest lives
EXECUTIVE Tasked with the execution and (2) Not property
enforcement of laws, like President, - One cannot acquire a vested right to public office but
Governors, City Mayors it is nevertheless a protected right subject to due
LEGISLATIVE Primary function is to enact the laws or process
ordinances, like Members of Congress, (3) Personal to the public officer
local sangguniang panlalawigan, - Not a property transmissible to his heirs upon his
panlungsod, and pangbayan death. (Santos v. Secretary of Labor, 22 SCRA 848)
JUDICIARY Exercise judicial power
There is no vested right in a public office.
General Rule: Public office is not property under the due
CHARACTERISTICS OF A PUBLIC OFFICE process clause. There is no vested right to a public office.

Public office can be characterized as follows: Exception: Public office is analogous to property in a limited
(1) It is a public trust; it is merely entrusted to the public context and due process may be invoked when the dispute
officer concerns one’s constitutional right to security of tenure.
(2) It is not a property; it is not protected or guaranteed [Lumiqued v. Exevea, G.R. No. 117565 (1997)]
by the due process clause
(3) It is not a heritable possession
(4) It is outside the commerce of man. It cannot be the CREATION OF PUBLIC OFFICE
subject of a valid contract; otherwise, the contract is
void (1) By the Constitution
(2) By statute or law
Public Office v. Public Employment (3) By a tribunal or body to which the power to create the
Public employment is broader than public office. All public office has been delegated
office is public employment, but not all public employment is a
public office. Public employment as a position lacks either one
or more of the foregoing elements of a public office. It is created HOW A PUBLIC OFFICE IS CREATED
by contract rather than by force of law. (De Leon)
General Rule: The creation of a public office is primarily a
Public Office v. Contract legislative function.
PUBLIC OFFICE CONTRACT
How Created Exception: Where the office is created by the Constitution itself.
Incident of sovereignty. Originates from will of
Sovereignty is contracting parties. The Sandiganbayan is not a constitutional court (or public
omnipresent. office) but a constitutionally-mandated court. It was created by
Object statute and not the Constitution, hence Congress may limit its
To carry out the sovereign Obligations imposed only powers and jurisdiction. [Garcia v. Sandiganbayan, G.R. No.
as well as governmental upon the persons who 114135 (1994)]
functions affecting even entered into the contract.
persons not bound by the
contract. WHO ARE PUBLIC OFFICERS
Subject Matter
A public office embraces Limited duration and Generally, one who holds a public office. (De Leon)
the idea of tenure, duration, specific in its object. Its terms
continuity, and the duties define and limit the rights RA 3019 (Anti- Public officer includes elective and
connected therewith are and obligations of the Graft and appointive officials and employees,
generally continuing and parties, and neither may Corrupt permanent or temporary, whether in
permanent. Practices Act) the classified or unclassified or exempt

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service receiving compensation, even
nominal, from the government.
Revised Penal Any person who, by direct provision of
Code the law, popular election or
appointment by competent authority,
shall take part in the performance of
public functions in the Government of
the Philippine Islands, of shall perform
in said Government or in any of its
branches public duties as an employee,
agent or subordinate official, of any
rank or class, shall be deemed to be a
public officer.
Revised A person whose duties, not being of a
Administrative clerical or manual nature, involves the
Code of 1987 exercise of discretion in the
performance of the functions of the
government. When used with reference
to a person having authority to do a
particular act or perform a particular
function in the exercise of
governmental power, “officer” includes
any government employee, agent or
body having authority to do the act or
exercise that function.
MODES OF ACQUIRING TITLE TO
PUBLIC OFICE
Election
The choice or selection of candidates to public office by popular
vote through the use of the ballot. [Rulloda v. COMELEC, G.R.
No. 154198 (2003)]
Appointment
The selection by the authority vested with the power of an
individual who is to exercise the functions of a given office.
(Binamira v. Garrucho, 188 SCRA 154)
Succession by Operation of Law
When the office to which one succeeds is legally vacated.
Direct Provision of Law
Such as when the office is validly held in an ex-officio capacity
by a public officer.
MODES AND KINDS OF
APPOINTMENT
NATURE AND CHARACTERISTICS
Appointment, which is essentially within the discretionary
power of whosoever it is vested, is subject only to the condition
that the appointee should possess the qualifications required by
law. (Umoso v. CSC, 234 SCRA 617) If he does, then the
appointment cannot be faulted on the ground that there are
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Constitutional Law I
others better qualified who should have been preferred. (Luego
v. CSC, 143 SCRA 327)
Requisites of a Valid Appointment
(1) The position is vacant;
(2) The appointing authority must be vested with the
power to appoint at the time appointment is made;
(3) The appointment has been approved by the CSC or
confirmed by Commission on Appointments;
(4) The appointee should possess all the qualifications
including appropriate civil service eligibility and
none of the disqualifications;
(5) The appointee accepts the appointment by taking the
oath and entering into discharge of duty
Scope of Discretion
The discretion of the appointing authority is not only in the
choice of the person who is to be appointed but also in the
nature and character of the appointment intended.
General Rule: Appointment is generally a political question
involving considerations of wisdom which only the appointing
authority can decide.
Exception: Appointments requiring confirmation by the
Commission on Appointments. In such cases, the Commission
on Appointments may review the wisdom of the appointment
and has the power to refuse to concur with it even if the
President’s choice possessed all the qualifications prescribed by
law. (Luego v. CSC, 143 SCRA 327)
Power of CSC to recall appointments does not include control
of discretion.
The Civil Service Commission is not empowered to determine
the kind or nature of appointment extended by the appointing
officer, its authority is limited to approving and reviewing the
appointment in light of the requirements of the Civil Service
Law. This approval is more appropriately called attestation.
The Civil Service Commission’s authority to recall an
appointment which has been initially approved when it is
shown that the same was issued in disregard of pertinent laws,
rules and regulations. However, it does not have the power to
recall an appointment on the ground that another person is
better qualified. (Luego v. CSC, 143 SCRA 327)
The promotion of the “next-in-rank” is not mandatory.
While there is a preference for the next-in-rank in the Civil
Service Law [Sec. 21(1)-(6), Book V, Civil Service Law], it does
not impose a “rigid or mechanistic formula” that requires the
appointing power to select the more senior officer. Unless the
law speaks in the most mandatory and peremptory tone, there
should be full recognition of the wide scope of the discretionary
authority to appoint. [Reyes v. Abeleda, G.R. No. 25491 (1968)]
There is no requirement that vacancies must be filled by
promotion, transfer, reinstatement, reemployment or
certification, in that order. That would be to construe the
provision not merely as a legislative prescription of
qualifications but as a legislative appointment, repugnant to the
Constitution. What [the law] does purport to say is that as far as
practicable the person next in rank should be promoted,
otherwise the vacancy may be filled by transfer, reinstatement,
reemployment or certification, as the appointing power sees fit,
provided the appointee is certified to be qualified and eligible.
[Pineda v. Claudio, G.R. No. 29661 (1967)]
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Political Law Constitutional Law I

occupies in acting capacity

Mandamus as a Remedy and the designation may be
General Rule: As regards the power of appointment, courts will revoked at will
act with restraint. Hence, mandamus will not lie to require the May be replaced at will by
appointment of a particular applicant or nominee. appointing authority or his
designation lapses upon the
Exceptions: appointment of another
(1) When there is grave abuse of discretion, prohibition person in his place
or mandamus will lie. [Aytona v. Castillo, G.R. No. Comprehensive extent of Limited extent of powers
19313 (1962)] powers
(2) Where the palpable excess of authority or abuse of A public officer who later While assuming the
discretion in refusing to issue promotional accepts even a temporary designated functions or if
appointment would lead to manifest injustice, appointment terminates his the designation is revoked,
mandamus will lie to compel the appointing relationship with his the public officer may
authority to issue said appointments. [Pineda v. former office perform the functions of the
Claudio, G.R. No. 29661 (1967)] (Abandonment of “Prior” “prior” office
Office)

APPOINTMENT IS GENERALLY AN EXECUTIVE Where the person is merely designated and not appointed, the
FUNCTION implication is that he shall hold the office only in a temporary
capacity and may be replaced at will by the appointing
General Rule: Power to appoint is essentially executive in authority. (Binamira v. Garrucho, 188 SCRA 154)
nature and the legislature may not interfere with the exercise of
the executive powers. (Pimentel v. Ermita, 472 SCRA 587)
PERMANENT v. TEMPORARY
Exceptions:
(1) When the Constitution expressly allows it to interfere. PERMANENT TEMPORARY
(Pimentel v. Ermita, 472 SCRA 587) Includes (if appointment is by the President
(2) Congress may appoint its own officials and staff.
(1) Regular appointments Acting appointments
[Spinger v. Government (1928)]
(2) Ad interim
(3) When the Constitution vests the powers in another
appointments
branch of the State or an independent office.
Eligibility Requirements
Permanent appointees Generally, required.
The power of local chief executives to appoint local government
must be (1) eligible and (2) However, in the absence of
employees under the Local Government Code is separately
qualified. appropriate eligible, a
sanctioned in the power of Congress to “provide for the
person otherwise ineligible
qualifications, election, appointment and removal, term,
may be appointed to it
salaries, powers and functions and duties of local officials, and
merely in a temporary
all other matters relating to the organization and operation of
capacity.
the local units. (Sec. 3, Art. X, 1987 Constitution)
Subject to confirmation by the Commission on Appointments
Yes, if confirmation by the No, even when
Legislative Appointments
Legislative appointments are repugnant to the Constitution. CA is required for the confirmation by the CA is
[Pineda v. Claudio, G.R. No. 29661 (1967)] When Congress clothes office. required for the office.
the President with the power to appoint an officer, it cannot at Constitutional Protection
the same time limit the choice of the President to only on No officer or employee of Temporary employees of
candidate and effectively eliminate the discretion of the the civil service shall be the Government shall be
appointing power, i.e. when the qualifications prescribed by removed or suspended given such protection as
Congress can only be met by one individual. [Flores v. Drilon except for cause provided may be provided by law.
(1993)] by law.
Security of Tenure
Yes. No.
APPOINTMENT v. DESIGNATION Duration
Until lawful termination (1) Until a permanent
APPOINTMENT DESIGNATION appointment is issued
The selection by the Assignment of a public to the same or different
authority vested with the officer to perform certain person; or
power, of an individual functions different from (2) Until the appointee
who is to exercise the those of his position to removed by the
functions of a given office which he has been appointing power
appointed
Permanent Temporary Exception: Fixed-Period
Confers security of tenure Does not confer upon Temporary Appointments,
designee security of tenure which may be revoked
in the position which he

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prior to the end of the term provides that “such (3) Ombudsman and his
only for valid cause appointments require deputies
no confirmation”)
Rationale for temporary appointments.
Such a temporary appointment is not made for the benefit of the The list of appointments requiring confirmation is exclusive.
appointee. Rather, an acting or temporary appointment seeks to Congress cannot, by law, require confirmation by the CA for a
prevent a hiatus in the discharge of official functions by public office created by statute. This would be unconstitutional
authorizing a person to discharge the same pending the as it expands the powers of the CA. [Calderon v. Carale, G.R. No.
selection of a permanent appointee. [CSC v. Daragina (2007)] 91636 (1992)]

When temporary appointments not allowed. The President does not have the prerogative to voluntarily
In no case shall any Member (or Chair) of the (1) Civil Service submit an appointment for confirmation by the CA. [Bautista v.
Commission, (2) Commission on Elections, or (3) Commission Salonga, G.R. No. 86439 (1989)]
on Audit be appointed or designated in a temporary or acting
capacity. [Sec. 1(2), Art. IX-B; Sec. 1(2), Art. IX-C; Sec. 1(2), Art.
IX-D, 1987 Constitution]

PRESIDENTIAL APPOINTMENTS
(Sec. 16, Art. VII, 1987 Constitution) REGULAR v. AD INTERIM

General Rule: The appointing power is the exclusive REGULAR AD INTERIM

prerogative of the President, upon which no limitations may be Definition and Constitutional Basis
imposed by Congress. Appointments made while Appointments made
Congress is in session. during the recess of the
Exception: Those resulting from the need of securing the Congress, whether
concurrence of the Commission on Appointments and from the voluntary or compulsory.
exercise of the limited power to prescribe the qualification or Nature of the Appointment
disqualifications to a given appointive office. Permanent Permanent
Steps in the Appointment Process
Four Groups of Officers the President is Authorized to (1) President nominates. (1) President nominates.
Appoint (2) CA confirms. (2) Commission is
(1) Specifically enumerated under Sec. 16. Art. VII of the (3) Commission is issued.
Constitution: issued. (3) Appointee accepts,
A. Heads of executive departments; (4) Appointee accepts, qualifies for office,
B. Ambassadors; qualifies for office, and assumes his
C. Other public ministers and consuls; and assumes his duties.
D. Officers of the armed forces from the rank duties. (4) CA confirms.
of colonel or naval captain; When the appointee may take oath and assume office
E. Other officers whose appointments are Upon confirmation by the Immediately after
vested in him by the Constitution CA appointment, subject to (1)
(2) All other officers of the Government whose disapproval by the CA or
appointments are not otherwise provided for by law; (2) “bypass” by the CA
(3) Officers whom the President may be authorized by
law to appoint;
Ad interim appointments to the Constitutional Commissions are
(4) Officers lower in rank whose appointments the
permanent and irrevocable appointments. Such do not violate
Congress may by law vest in the President alone.
the Constitutional prohibition against acting appointments to
these commissions.
APPOINTMENTS APPOINTMENTS NOT
REQUIRING CA REQUIRING CA
Termination of ad interim appointments:
CONFIRMATION CONFIRMATION
(1) Disapproval by the CA
(1) Heads of the executive All other presidential (2) By-pass by the CA
departments; appointments. When the CA does not act on the ad interim
(2) Ambassadors; appointment prior to the next adjournment of
(3) Other public ministers Appointments explicitly Congress
and consuls; exempted from the (3) Revocation of the appointment by the President,
(4) Officers of the armed confirmation requirement unless prohibited by the Constitution
forces from the rank of under the Constitution:
colonel or naval (1) Vice President as a Disapproval v. By-Pass
captain; member of the An ad interim appointee disapproved by the CA cannot be
(5) Other officers whose cabinet reappointed. But a by-passed appointee, or one whose
appointments are (2) Members of the appointment was not acted upon the merits by the CA, may be
vested in him by the Supreme Court and appointed again by the President, because failure by the CA to
Constitution (unless judges of lower
the Constitution courts

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Political Law
confirm an ad interim appointment is not disapproval. [Matibag
v. Benipayo (2002)]
Renewal of by-passed appointment
A by-passed appointment is one that has not been finally acted
upon on the merits by the CA at the close of the session of
Congress. There is no final decision by the CA to give or
withhold its consent to the appointment as required by the
Constitution. Absent such decision, the President is free to
renew the ad interim appointment of a by-passed appointee.
[Matibag v. Benipayo (2002)]
Commission
A document serving as the written evidence of the appointment.
It is the warrant for the exercise of the powers and duties of the
office to which the officer is commissioned. (De Leon)
SPECIAL RULES AND DOCTRINES ON PRESIDENTIAL
APPOINTMENTS
Prohibition on Midnight Appointments
General Rule: 2 months immediately before the next
presidential elections up to end of the term of the President
Exception: All elements must concur:
(1) Temporary appointments;
(2) To executive positions; and
(3) When continued vacancies will (a) prejudice public
service or (b) endanger public safety
The outgoing President is prevented from continuing to rule the
country indirectly after the end of his term. [Velicaria-Garafil v.
Office of the President, G.R. No. 203372 (2015)]
Appointments are banned prior to the elections to ensure that
partisan loyalties will not be a factor in the appointment process,
and to prevent incumbents from gaining any undue advantage
during the elections. The exception is when it will be shown that
the appointments have undergone the regular screening
process, that the appointee is qualified, that there is a need to fill
up the vacancy immediately, and that the appointments are not
in bulk. [Nazareno, et al. v. City of Dumaguete, G.R. No. 181559
(2009)]
Inapplicability to the Judiciary
The midnight appointments ban in the Constitution does not
apply to the Judiciary. The applicable provisions on the periods
to fill up vacancies in the judiciary in Art. VIII will prevail over
the midnight appointments prohibition in Art. VII of the
Constitution. [De Castro v. JBC, G.R. No. 191002 (2010)]
Limited Application to Presidential Appointments
The Constitutional prohibition on midnight appointments only
applies to the President. [De Rama v. CA, G.R. No. 131136 (2001)]
RULES ON ACCEPTANCE AND REVOCATION
Four Elements of a Valid, Effective, and Completed
Appointment
(1) Authority to appoint and evidence of the exercise of
the authority;
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Constitutional Law I
(2) Transmittal of the appointment paper and evidence
of the transmittal;
(3) A vacant position at the time of appointment; and
(4) Receipt of the appointment paper and acceptance of
the appointment by the appointee who possesses all
the qualifications and none of the disqualifications.
The elements should always concur in the making of a valid
appointment. The concurrence of all these elements should
always apply. These steps in the appointment process should
always concur and operate as a single process. There is no valid
appointment if the process lacks even one step. [Velicaria-Garafil
v. Office of the President, G.R. No. 203372 (2015)]
Appointment is not final without transmittal.
It is not enough that the President signs the appointment paper.
There should be evidence that the President intended the
appointment paper to be issued. Release of the appointment
paper through the Malacañang Records Office is an unequivocal
act that signifies the President’s intent of its issuance. [Velicaria-
Garafil v. Office of the President, G.R. No. 203372 (2015)]
Rule on Acceptance
General Rule: A person cannot be compelled to accept a public
office.
Exception: When citizens are required, under conditions
provided by law, to render personal military or civil service.
(Sec. 4, Art. II, 1987 Constitution)
Irrevocability of a Valid, Effective, and Completed
Appointment
General Rule: An appointment, once made, is irrevocable and
not subject to reconsideration.
The appointee enjoys security of tenure and may only be
removed (1) for cause and (2) with due process.
Exceptions:
(1) The appointment is an absolute nullity
(2) There is fraud on the part of the appointee
ELIGIBILITY AND QUALIFICATION
REQUIREMENTS
DEFINITIONS
Eligibility
The state or quality of being legally fitted or qualified to be
chosen. Eligibility to an office should be construed as of a
continuing nature and must exist at the commencement of the
term and during occupancy of the office. (Aguila v. Genato, G.R.
No. L-55151 (1981)]
Eligibles
They are persons who obtain a passing grade in a civil service
examination and whose names are entered in the register of
eligible from which appointments must be made.
Qualification
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Political Law
Endowment or act which a person must do before he can occupy
a public office.
- Endowment refers to the qualities or attributes which
make an individual eligible for public office. It must
be possessed at the time of appointment or election
and continuously for as long as the official
relationship continues.
- Act refers to the act of entering into the performance
of the functions of the office.
Failure to perform an act required by law could affect the
officer’s title to the given office.
An oath of office is a qualifying requirement for a public office.
Only when the public officer has satisfied this prerequisite can
his right to enter into the position be considered plenary and
complete. Until then, he has none at all, and for as long as he has
not qualified, the holdover officer is the rightful occupant.
[Lecaroz v. Sandiganbayan, G.R. No. 130872 (1999)]
Once proclaimed and duly sworn in office, a public officer is
entitled to assume office and to exercise the functions thereof.
The pendency of an election protest is not sufficient basis to
enjoin him from assuming office or from discharging his
functions. [Mendoza v. Laxina (2003)]
SCOPE OF QUALIFICATIONS
In general, to entitle a public officer to hold a public office, he
must possess all the qualifications and none of the
disqualifications prescribed by law for the position not only at
the time of his election or appointment but also during his
incumbency.
Qualification for Office
The possession of the qualities or circumstances which are
inherently or legally necessary to render him eligible to fill an
office or to perform a public duty or function. (Black’s Law
Dictionary)
Qualifications are continuing in nature and must exist at the
commencement of the term and during the occupancy of the
office, if, during the continuance of his incumbency he ceases to
be qualified, he forfeits his office. (Aguila v. Genato, 103 SCRA
380)
The question of eligibility of persons seeking public office must
exist to qualify him for the position is a matter of legislative
intent.
WHO MAY PRESCRIBE QUALIFICATIONS
(1) Constitution
When the qualifications are prescribed by the Constitution, they
are generally exclusive, except where the Constitution itself
provides otherwise
(2) Congress
In the absence of constitutional inhibition, Congress has the
same right to provide disqualifications that it has to provide
qualifications for office. (De Leon)
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RESTRICTIONS ON THE POWER OF CONGRESS TO
PRESCRIBE QUALIFICATIONS
(1) Congress cannot exceed its constitutional powers
(2) Congress cannot impose conditions of eligibility
inconsistent with constitutional provisions
(3) The qualifications must be germane to the position
(“Reasonable Relation” Rule)
(4) Where the Constitution establishes specific eligibility
requirements for a particular constitutional office, the
constitutional criteria are exclusive, and Congress
cannot add to them except if the Constitution
expressly or impliedly gives the power to set
qualifications
(5) Congress cannot prescribe qualifications so detailed
as to practically amount to making a legislative
appointment: it is unconstitutional and therefore void
for being a usurpation of executive power
TIME OF POSSESSION OF QUALIFICATIONS
(1) If law specifies: At the time specified by the
Constitution or law
(2) If law does not specify, there are two views:
(a) Qualification during commencement of term or
induction into office: the word “eligible” as used in
constitutions and statutes, has reference to the
capacity not of being elected or appointed to office,
but of holding office, and that, therefore, if qualified
at the time of commencement of the term or induction
into office, disqualification of the candidate or
appointee at the time of election or appointment is
immaterial
(b) Qualification or eligibility during election or
appointment: conditions of eligibility must exist at
the time of the election must exist at the time of the
election or appointment, and that their existence only
at the time of the commencement of the term of office
or induction of the candidate or appointee into office
is not sufficient to qualify him to office
Reconciliation of the Two Views
If the provision refers to “holding of office,” rather than to
eligibility to office, in defining the qualifications, the courts are
inclined to hold that the qualifications are to be determined at
the time of the commencement of the term. (De Leon)
This is consistent with the rule on liberal interpretation of eligibility
requirements for public office.
Qualifications are of a continuing nature.
Qualification is of a continuing nature and it must exist
throughout the holding of the public office. Once the
qualifications are lost, the public officer forfeits the office.
No estoppel in ineligibility.
Knowledge of ineligibility of a candidate and failure to question
such ineligibility before or during the election is not a bar to
questioning such eligibility after such ineligible candidate has
won and been proclaimed. Estoppel will not apply in such a
case. [Castañeda v. Yap (1952)]
Citizenship requirement should be possessed at start of term.
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The Local Government Code does not specify any particular (2) At least 40 years old
date or time when the candidate must possess the required (3) 15 years or more as a judge or engaged in law practice
citizenship, unlike for residence and age. The requirement is to (4) Of proven Competence, Integrity, Probity, and
ensure that no alien shall govern our people and country or a Independence
unit of territory thereof. An official begins to govern or
discharge his functions only upon proclamation and on start of For Members of the Constitutional Commissions
his term. This liberal interpretation gives spirit, life and
meaning to our law on qualifications consistent with its CSC COMELEC COA
purpose. [Frivaldo v. COMELEC (1996)] Citizenship
Natural-born citizen
Only natural-born Filipinos who owe total and undivided Age
allegiance to the Republic of the Philippines could run for and 35 years old at the time of appointment
hold elective public office. For those who avail themselves of RA Competence
9225 and intend to run for public office, Sec. 5(2) thereof With proven College (a) CPA with at
provides the additional requirement of making a personal and capacity for degree holder least 10 years
sworn renunciation of any and all foreign citizenships prior to public of auditing
or at the time of filing of their Certificate of Candidacy. [Arnado administration experience;
v. COMELEC, G.R. No. 210164 (2015)] OR
(b) Member of the
Bar engaged
in practice of
Presumption of Eligibility law for at least
Doubts as to the eligibility of a candidate are presumed in favor 10 years
of one who has been elected or appointed to public office. Composition Rules
None Chairman and At no time shall all
The right to public office should be strictly construed against majority Members of the
ineligibility. The right of a citizen to hold office is the general should be Commission
rule, ineligibility the exception, and therefore, a citizen may not members of belong to the same
be deprived of this right without proof of some disqualification the Bar who profession
specifically declared by law. (De Leon) have been
engaged in
the practice of
QUALIFICATIONS PRESCRIBED BY THE law for at least
CONSTITUTION 10 years
Legal Basis
For President and Vice President (Sec. 2-3, Art. VII)
Sec. 1(1), Art. IV Sec. 1(1), Art. Sec. 1(1), Art. IX-D
(1) Natural-born citizen
B IX-C
(2) Registered voter
(3) Able to read and write
Practice of Law
(4) 40 years old on day of election
Any activity, in or out of court, which requires the application
(5) Resident of the Philippines for at least 10 years
of law, legal procedure, knowledge, training and experience.
immediately preceding election day
Generally, to practice law is to give notice or render any kind of
service which requires the use in any degree of legal knowledge
For Senator (Sec. 3, Art. VI)
or skill. [Cayetano v. Monsod (1991)]
(1) Natural-born citizen
(2) 35 years old on election day
Residency
(3) Able to read and write In election law, refers to domicile, the place where a party
(4) Registered voter actually or constructively has his permanent home, where he
(5) Resident of the Philippines for at least 2 years intends to return. To successfully effect a change of domicile, the
immediately preceding election day candidate must prove an actual removal or an actual change of
domicile. (Aquino v. COMELEC)
For Members of the House of Representatives (Sec. 6, Art. VI)
(1) Natural-born citizen There is a presumption in favor of domicile of origin. Domicile
(2) 25 years old on election day requires the twin elements of actual habitual residence and
(3) Able to read and write animus manendi (intent to permanently remain). Domicile of
(4) Registered voter in district in which he shall be origin is not easily lost; it is deemed to continue absent a clear
elected and positive proof of a successful change of domicile.
(5) Resident therefor for not less than one year [Romualdez-Marcos v. COMELEC (1995)]
immediately preceding election day
Residency and registration in the district are not required
for partylist representatives.
DURATION OF QUALIFICATION
For Members of the Supreme Court and Lower Collegiate
Courts [Sec. 7(1), Art. VIII]
(1) Natural-born citizen

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The Constitution or the statute usually fixes the time when the
qualifications must be possessed by the appointee or elective
candidate for office, either expressly or impliedly.
The reckoning point in determining the qualifications of an
appointee is the date of issuance of the appointment and not the
date of its approval by the CSC or the date of resolution of the
protest against it. (Civil Service Commission v. De la Cruz, 437
SCRA 403)
RELIGIOUS TEST OR QUALIFICATION IS NOT
REQUIRED
No religious test shall be required for the exercise of civil or
political rights. (Sec. 5, Art. III, 1987 Constitution)
QUALIFICATION STANDARDS AND REQUIREMENTS
UNDER THE CIVIL SERVICE LAW
Qualification standards enumerate the minimum requirements
for a class of positions in terms of education, training and
experience, civil service eligibility, physical fitness, and other
qualities required for successful performance. (Sec. 22, Book V,
Revised Administrative Code)
The Departments and Agencies are responsible for
continuously establishing, administering and maintaining the
qualification standards as an incentive to career advancement.
(Sec. 7, Rule IV, Omnibus Rules)
Such establishment, administration, and maintenance shall be
assisted and approved by the CSC and shall be in consultation
with the Wage and Position Classification Office.
It shall be established for all positions in the 1st and 2nd levels.
(Sec. 1, Rule IV, Omnibus Rules)
POLITICAL QUALIFICATION FOR OFFICE
Political Qualifications
It refers to membership in political parties, including those
registered in the party-list system.
General Rule: Political qualifications are not required for public
office.
Exceptions:
(1) Membership in the electoral tribunals of either the
House of Representatives or Senate, which requires
proportional representation
(2) Party-list representation
(3) Commission on Appointments, which requires
proportional representation
(4) Vacancies in local Sanggunians, except the
Sangguniang Barangay, which requires that the
appointee come from the same political party as that
of the sanggunian member who caused the vacancy
EFFECT OF PARDON UPON THE DISQUALIFICATION
TO HOLD PUBLIC OFFICE
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Constitutional Law I
Traditional Rule
General Rule: Pardon will not restore the right to hold public
office. (Art. 36, Revised Penal Code)
Exception: When the pardon’s terms expressly restores such.
(Art. 36, Revised Penal Code)
Pardon does not erase the fact of the commission for the crime
and conviction. (Monsanto v. Factoran, 170 SCRA 190) When a
person is given pardon because he did not truly commit the
offense, the pardon relieves the party from all punitive
consequences of his criminal act, thereby restoring to him his
clean name, good reputation and unstained character prior to
the finding of guilt. (Garcia v. Commission on Audit, 226 SCRA
356)
Under Risos-Vidal (2015), if the wording of the pardon is
“complete, unambiguous, and unqualified,” it includes the
restoration of civil and political rights because it is “unfettered
by Articles 36 and 41 of the Revised Penal Code.”
DISABILITIES AND INHIBITIONS OF
PUBLIC OFFICERS
Disqualifications to Hold Public Office
Individuals who lack any of the qualifications prescribed by the
Constitution or by law for a public office are ineligible.
Authority to Prescribe Disqualifications
The legislature has the right to prescribe disqualifications in the
same manner that it can prescribe qualifications, provided the
prescribed disqualifications do not violate the Constitution.
CONSTITUTIONAL DISQUALIFICATIONS
In General
(1) Losing candidates cannot be appointed to any
governmental office within 1 year after such election.
(2) Elective officials during their tenure are ineligible for
appointment or designation in any capacity to any
public office or position unless they forfeit their seat.
(3) Appointive officials shall not hold any other
governmental position, unless otherwise allowed by
law or his position’s primary functions.
o This is the general Constitutional
prohibition on holding multiple offices.
There is a specific provision applicable to
high-ranking officials of the executive
department as explained in Civil Liberties
Union v. Executive Secretary.
o There is no violation of the constitutional
provision when another office is held by a
public officer in an ex officio capacity (where
on cannot receive compensation or other
honoraria anyway), as provided by law and
as required by the primary functions of his
office. [National Amnesty Commission v.
COA (2004)]
(4) Impeachment: “Judgment in cases of impeachment
shall not extend further than removal from office and
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disqualification to hold any office under the Republic Members of the (1) Shall not hold any other office or
of the Philippines.” Constitutional employment [during the
Commission tenure]. (Art. IX-A, Sec. 2) (Art.
On the holding of multiple offices by high-ranking executive IX, Sec. 8); plus
department officials (2) Shall not be qualified to run for
The prohibition in Sec. 13, Art. VII is a special rule in relation to any office in the election
Sec. 7, Art. IX of the Constitution. immediately succeeding their
cessation from office. (Sec. 11,
Covered Officials Art. XI)
(1) President Ombudsman and (1) Same disqualifications and
(2) Vice President his Deputies prohibitions as members of the
(3) Members of the Cabinet, and their deputies and Constitutional Commission (Sec.
assistants 8, Art. XI); plus
(2) Shall not be qualified to run for
General Rule: The holding of any other office or employment is any office in the election
prohibited for the covered officials in Sec. 13, Art. VII. immediately succeeding their
cessation from office (Sec. 11,
Exceptions: Art. XI)
(1) Unless otherwise provided in the Constitution; or The President’s Shall not be appointed during
(2) Ex Officio positions spouse and President’s tenure as:
relatives by (1) Members of the Constitutional
Requirements for Valid Ex-Officio Holding consanguinity or Commissions, or
(1) The holding of the ex-officio office is provided by law; affinity within (2) Office of the Ombudsman, or
(2) The holding is required by the primary functions of the fourth civil (3) (a) Secretaries, (b)
their position; and degree Undersecretaries. (c) Chairmen
(3) The position is held without additional or Heads of Bureaus or Offices,
compensation. including Government-Owned-
or-Controlled Corporations (Sec.
13, Art. VII)
SPECIFIC CONSTITUTIONAL DISQUALIFICATIONS
PUBLIC DISQUALIFICATIONS
OFFICER OTHER DISQUALIFICATIONS AND PROHIBITIONS
The President, Shall not hold any other office or
Vice President, employment during their tenure, In General
the Members of unless otherwise provided in the (1) Mental or physical incapacity;
the Cabinet, and Constitution. (Art. VII, Sec. 13) (2) Misconduct or crime: Persons convicted of crimes
their Deputies or involving moral turpitude are usually disqualified
Assistants from holding public office;
Senator or (1) Incompatible Office (3) Removal or suspension from office: This
Member of the - May not hold during his term disqualification is not presumed, and cannot be
House of any other office or employment imposed when not provided in the Constitution or in
Representatives in the Government, or any statutes;
subdivision, agency or (4) Previous tenure of office: Prohibitions on
instrumentality thereof, reappointment for specific Constitutional offices;
including government-owned or (5) Consecutive term limit:
-controlled corporations or their A. Vice President: 2 consecutive terms
subsidiaries; B. Senator: 2 consecutive terms
(2) Prohibited Office C. Representative: 3 consecutive terms
- Shall also not be appointed to D. Elective local officials: 3 consecutive terms (Sec.
any office when such was 8, Art. X, Constitution)
created or its emoluments were (6) Holding more than one office: To prevent offices of
increased during his term. (Sec. public trust from accumulating in a single person,
13, Art. VI) and to prevent individuals from deriving, directly or
Members of the Shall not be designated to any agency indirectly, any pecuniary benefit by virtue of their
Supreme Court performing quasi-judicial or holding of dual positions.
and Other Courts administrative functions. (Sec. 12, Art.
Established by VIII)
Law
PROHIBITION ON HOLDING OFFICES IN THE PRIVATE
Rationale: Anathema to judicial SECTOR
independence, since this would
subject members of the judiciary to Sec. 7(b)(1) of RA 6713 considers unlawful for public officials and
the power of control of executive employees during their incumbency to own, control, manage,
officials. or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee, or nominee in any private enterprise

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Political Law
regulated, supervised, or licensed by their office unless
expressly allowed by law.
Private Practice of the Profession
General Rule: Sec. 7, RA 6713 provides for the prohibited acts
and transactions of public officials and employees. Subsection
(b)(2) prohibits them from engaging in the private practice of
their profession during their incumbency.
Exception: A public official or employee can engage in the
practice of his or her profession under the following conditions:
(1) The private practice is authorized by the Constitution
or by the law; and
(2) The practice will not conflict, or tend to conflict, with
his or her official functions.
PROHIBITION ON NEPOTIC APPOINTMENTS
Nepotism
Nepotism is favoritism towards relatives by the appointing
authority. The Supreme Court said that nepotism is one
pernicious evil impeding the civil service and the efficiency of
its personnel. It is a form of corruption. (Galeos v. People, G.R. No.
174730-37, (2011)]
General Rule: The Civil Service Law prohibits all appointments
in the national and local governments or any branch or
instrumentality thereof made in favor of the relative of:
(1) Appointing authority;
(2) Recommending authority;
(3) Chief of the bureau or office; or
(4) Person exercising immediate supervision over the
appointee
In (3) and (4), it is immaterial who the appointing or
recommending authority is. To constitute a violation of the law,
it suffices that an appointment is extended or issued in favor of
a relative of the chief of the bureau or office, or the person
exercising immediate supervision over the appointee. [CSC v.
Dacoycoy (1999)]
Relative is one who is related within the third degree of either
consanguinity or of affinity.
Exceptions: The prohibition on nepotic appointments in the
Civil Service Law does not apply if the appointee is:
(1) A person employed in a confidential capacity;
(2) A teacher;
(3) A physician; or
(4) A member of the Armed Forces of the Philippines
DISQUALIFICATIONS IN THE LOCAL GOVERNMENT
CODE
The following persons are disqualified from running from any
elective local position:
(1) Sentenced by final judgment for an offense involving
moral turpitude or for an offense punishable by 1 year
or more of imprisonment, within 2 years after serving
sentence;
(2) Removed from office as a result of an administrative
case;
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Constitutional Law I
(3) Convicted by final judgment for violating the oath of
allegiance to the Republic;
(4) Dual citizenship;
(5) Fugitive from justice in criminal or non-political cases
here or abroad;
(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 after the effectivity
of the Local Government Code; or
(7) Insane or feeble-minded.
Dual citizenship is different from dual allegiance.
Dual citizenship arises when, as a result of the concurrent
application of the different laws of two or more states, a person
is simultaneously considered a national by the said states.
Dual allegiance, on the other hand, refers to the situation in
which a person simultaneously owes, by some positive act,
loyalty to two or more states.
While dual citizenship is involuntary, dual allegiance is the
result of an individual’s volition. The Constitutional
Commission was not with dual citizens per se but with
naturalized citizens who maintain their allegiance to their
countries of origin even after their naturalization. [Mercado v.
Manzano (1999)]
POWERS AND DUTIES OF PUBLIC
OFFICERS
CLASSIFICATION OF POWERS AND DUTIES
Ministerial
Official duty is ministerial when it is absolute, certain, and
imperative involving merely execution of a specific duty arising
from fixed and designed facts. Where the officer or official body
has no judicial power or discretion as to the interpretation of the
law, and the course to be pursued is fixed by law, their acts are
ministerial only.
General Rule: Performance of duties of this nature may be
properly delegated to another.
Exceptions:
(1) Delegation is expressly prohibited by law; or
(2) The law expressly states that the act be performed by
the officer in person.
Discretionary
Acts which necessarily require the exercise of reason in the
adaptation of means to an end, and discretion in determining
how or whether the act shall be done or the course pursued.
When the law commits to any officer the duty of looking into
facts and acting upon them, not in a way which it specifically
directs, but after a discretion in its nature, the function is
discretionary.
General Rule: A public officer cannot delegate his discretionary
duties to another.
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Exception: The power to substitute another in his place has been
expressly granted by law.
Mandatory
Powers conferred on public officers are generally construed as
mandatory although the language may be permissive, where
they are for the benefit of the public or individuals.
Permissive
Statutory provisions define the time and mode in which public
officers will discharge their duties, and those which are
obviously designed merely to secure order, uniformity, system,
and dispatch in public business are generally deemed directory.
If the act does not affect third persons and is not clearly
beneficial to the public, permissive words will not be construed
as mandatory.
Power of Control
It implies the power of an officer to manage, direct, or govern,
including the power to alter or modify or set aside what a
subordinate had done in the performance of his duties and to
substitute his judgment for that of the latter.
Power of Supervision
Supervisory power is the power of mere oversight over an
inferior body which does not include any restraining authority
over such body.
A supervising officer merely sees to it that the rules are
followed, but he himself does not lay down such rules, nor does
he have the discretion to modify or replace them.
AUTHORITY OF PUBLIC OFFICERS
Authority of public officers consists of those which are:
(1) Expressly conferred by law;
(2) Incidental to the exercise of the powers granted; and
(3) Necessarily implied
Doctrine of Necessary Implication
All powers necessary for the effective exercise of the express
powers are deemed impliedly granted. (Nachura, 2015)
Authority can be exercised only during the term when the
public officer is, by law, invested with the rights and duties of
the office.
Source of Powers and Authority
The source of governmental authority is found in the People.
Directly or indirectly through their chosen representatives, they
create such offices and agencies as they deem to be desirable for
the administration of the public functions and declare in what
manner and by what persons they shall be exercised.
In the absence of a valid grant, public officials are devoid of
power. A public official exercises power, not rights. The
Government itself is merely an agency through which the will
of the State is expressed and enforced. Its officers therefore are
likewise agents entrusted with the responsibility of discharging
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Constitutional Law I
its functions. As such there is no presumption that they are
empowered to act. There must be a delegation of such authority,
either express or implied. [Villegas v. Subido (1969)]
But once the power is expressly granted, it will be broadly
construed in line with the Doctrine of Necessary Implication.
Scope of Authority of Public Officers
(1) Expressly conferred upon him by the act appointing
him;
(2) Expressly annexed to the office by law; or
(3) Attached to the office by common law as incidents to
it
DUTIES OF PUBLIC OFFICERS
General (Constitutional) Duties
(1) To be accountable to the people; to serve them with
utmost responsibility, integrity, loyalty, and
efficiency; to act with patriotism and justice; and to
lead modest lives
(2) To submit a declaration under oath of his assets,
liabilities, and net worth upon assumption of office
and as often thereafter as may be required by law
(3) To owe the State and the Constitution allegiance at all
times
Obligations under the Code of Conduct and Ethical Standards
for Public Officials and Employees
(1) Act promptly on letters and requests
All public officials shall, within fifteen (15) working
days from receipt, respond to letters, telegrams, or
other means of communication sent by the public.
The reply must contain the answer taken on the
request.
(2) Submit annual performance reports
All heads or other responsible officers of agencies of
the government or of GOCCs shall, within forty-five
(45) working days from the end of the year, render a
full and complete report of performance and
accomplishments, as prescribed by existing rules and
regulations of the agency, office, or corporation
concerned.
(3) Process documents and papers expeditiously
All official papers and documents must be processed
and completed within a reasonable time from the
preparation thereof and must contain, as far as
practicable, not more than three (3) signatories
therein.
(4) Act immediately on the public’s personal transactions
All public officials and employees must attend to
anyone who wants to avail himself of the services of
their offices, and must, at all times, act promptly and
expeditiously.
(5) Make documents accessible to the public
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All public documents must be made accessible to, and
readily available for inspection by, the public within
reasonable working hours.
form of a fixed salary or wages, per diems, fees, commissions, or
prerequisites of whatsoever character.
Distinguished from honorarium which is something given not
as a matter of obligation but in appreciation for services
rendered.

RIGHTS OF PUBLIC OFFICERS Salary

Personal compensation to be paid to the public officer for his
services, and it is generally a fixed annual or periodical payment
IN GENERAL depending on the time and not on the amount of the services he
may render.
Rights Incident to Public Office
The rights of one elected or appointed to office are, in general, Distinguished from wages in that salary is given to officer of
measured by the Constitution or the law under which he was higher degree of employment than those to whom wages are
elected or appointed. given.

Rights of Public Officers

(1) Right to office CONSTITUTIONAL PROVISIONS REGARDING
(2) Right to salary COMPENSATION OF PUBLIC OFFICERS
(3) Right to self-organization
(4) Right to vacation leave and sick leave with pay Senators and Members of Determined by law.
(5) Right to retirement pay the House of
(6) Right not to be removed or suspended except for Representatives No increase in said
cause provided by law (Sec. 10, Art. VI) compensation shall take
effect until after the
expiration of the full term
of all the Members of the
RIGHT TO OFFICE Senate and the HoR
approving such increase.
Right of Office is the just and legal claim to exercise the powers
President and Vice President shall have an
and the responsibilities of the public office.
President official residence.
(Sec. 6, Art. VII)
Rights as a Citizen
Determined by law and
(1) Protection from publication commenting on his
shall not be decreased
fitness and the like
during their tenure.
The mere fact that one occupies a public office does
No increase in said
not deprive him of the protection accorded to citizens
compensation shall take
by the Constitution and the laws.
effect until after the
expiration of the term of the
However, by reason of the public character of his
incumbent during which
employment or office, a public officer is, in general,
such increase was
held not entitled to the same protection from
approved.
publications commenting on his fitness and the like,
as is accorded to the ordinary citizen.
They shall not receive
during their tenure any
(2) Engaging in certain political and business activities
other emolument from the
Government or any other
The governmental interest in maintaining a high level
source.
service by assuring the efficiency of its employees in
Chief Justice and Fixed by law.
the performance of their tasks may require public
Associate Justices of the
employees to suspend or refrain from certain political
Supreme Court During their continuance in
or business activities that are embraced within the
(Sec. 10, Art. VIII) office, their salary shall not
constitutional rights of others, when such activities
be decreased.
are reasonably deemed inconsistent with their public
status and duties. Elective or Appointive Shall not receive additional,
Public Officer or double, or indirect
Employee and GOCCs compensation, unless
(Secs. 8 and 5, Art. IX-B) specifically authorized by
RIGHT TO COMPENSATION
law, nor accept without the
Compensation consent of the Congress,
In reference to the remuneration of public officers means pay for any present, emolument,
doing all that may be required of the official, whether it is in the office, or title of any kind
from any foreign
government.

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Political Law
Congress shall provide the
standardization of
compensation of
government officials and
employees, including those
in GOCCs with original
charters, taking into
account the nature of the
responsibilities pertaining
to, and the qualifications
required for their positions.
Basis of Right
The relation between an officer and the public is not the creation
of contract, nor is the office itself a contract. The right to
compensation grows out of the services rendered. After services
have been rendered, the compensation thus earned cannot be
taken away by a subsequent law. As a general proposition, a
public official is not entitled to any compensation if he has not
rendered any service. [Acosta v. CA (2000)]
Salary Not Subject to Garnishment
The salary of a public officer may not, by garnishment,
attachment, or order of execution, be seized before being paid
to him and, appropriated for the payment of his debts.
The salary check of a government officer or employee does not
belong to him before it is physically delivered to him. Until that
time, the check belongs to the government as public fund and
may not be garnished. [De la Victoria v. Burgos (1995)]
Right of a De Facto Officer to Salary
Where there is no de jure officer, a de facto officer, who in good
faith has had possession of the office and has discharged the
duties pertaining thereto, is legally entitled to the emoluments
of the office, and may in an appropriate action recover the
salary, fees, and other compensations attached to the office.
Rights under the Civil Service Decree and the New
Administrative Code
(1) Right to preference in promotion
(2) Right to present complaints and grievances
(3) Right not to be suspended or dismissed except for
cause as provided by law and after due process
(4) Right to organize
Next-in-Rank Rule
It applies only in cases of promotion. It neither grants a vested
right to the holder nor imposes a ministerial duty on the
appointing authority to promote such person to the next higher
position.
The rule means that old employees should be considered first
on the assumption that they have gained not only superior skills
but also greater dedication to the public service.
However, the law does not preclude the infusion of new blood,
younger dynamism, or necessary talents into the government
service provided that the acts of the appointing power are
bonafide for the best interest of the public service and the person
chosen has the needed qualifications. [Corazon Cabagnot v. Civil
Service Commission (1993)]
Personnel Actions
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Constitutional Law I
Any action denoting the movement or progress of personnel in
the civil service is known as personnel action. It includes:
(1) Appointment through certification
(2) Promotion
(3) Transfer
(4) Reinstatement
(5) Reemployment
(6) Detail
(7) Reassignment
(8) Demotion and Separation
A reorganization is valid provided that it is done in good faith.
A demotion in office is tantamount to removal, if no cause is
shown for it. Thus, before a demotion may be affected pursuant
to a reorganization, the observance of the rules on bona fide
abolition of public office is essential. [Bautista v. Civil Service
Commission, G.R. No. 185215 (2010)]
There is demotion when an employee is appointed to a position
resulting to a diminution in duties, responsibilities, status, or
rank which may or may not involve a reduction in salary. Where
an employee is appointed to a position with the same duties and
responsibilities but a rank and salary higher than those enjoyed
in his previous position, there is no demotion and the
appointment is valid. (Bautista v. Civil Service Commission)
Rights under the Revised Government Service Insurance Act
Covered employees are entitled to retirement benefits,
separation benefits, unemployment or involuntary separation
benefits, disability benefits, survivorship benefits, funeral
benefits, and life insurance benefits.
RIGHT TO RETIREMENT PAY
Given to government employees to reward them for giving the
best years of their lives in the service of their country.
Retirement laws are liberally construed in favor of the retiree. It
may not be withheld and applied to his indebtedness to the
government. [Tantuico v. Domingo (1994)]
RIGHT TO REIMBURSEMENT AND INDEMNITY
When a public officer, in the due performance of his duties, has
been expressly or impliedly required by law to incur expenses
on the public account, not covered by his salary or commission
and no attributable to his own neglect or default, the reasonable
and proper amount thereof forms a legitimate charge against
the public for which he should be reimbursed.
Within the same limits, the officer is entitled to be indemnified
by the public against the consequences of acts which he has been
expressly or impliedly required to perform upon the public
account, and which are not manifestly illegal and which he does
not know to be wrong.
RIGHT TO REINSTATEMENT AND BACK SALARY
Reinstatement means the restoration to a state or condition
from which one had been removed or separated. One who is
reinstated assumes the position he had occupied prior to the
dismissal. Back salary or wages is a form of relief that restores
the income that was lost by reason of unlawful dismissal.
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It is characterized by want of even the slightest care, or by

An officer who has been lawfully separated or suspended from
his office is not entitled to compensation for the period during
which he was so suspended. Where an officer was unlawfully
removed and was prevented for a time by no fault of his own
from performing the duties of his office, he may recover
backwages, and the amount that he had earned in other
employment during his unlawful removal should not be
deducted from his unpaid salary.
RIGHTS TO PROPERTY, DEVICES, AND INVENTIONS
Title to a public office carries with it the right, during the
incumbency of the officer, to the insignia and property thereof.
conscious indifference to the consequences, or by flagrant and
palpable breach of duty.
Misconduct
It is a transgression of some established and definite rule of
action, more particularly, unlawful behavior or gross negligence
by the public officer.
Dishonesty
It is defined as a disposition to lie, cheat, deceive, or defraud;
unworthiness; lack of integrity; lack of honesty, probity, or
integrity in principle; lack of fairness and straightforwardness;
disposition to defraud, deceive, or betray. [GSIS v. Manalo, G.R.
No. 208979 (2016)]

The question whether records, discoveries, inventions, devices,

data, and the like, made or prepared by an officer while he is
occupying the office, belong to the public, must be determined
with reference to the facts of each case.
(1) Where such are indispensable in the proper conduct
of the office, the officer may not take them as his own
property.
(2) If, not being required by law, they are prepared by the
officer apart from his official duties and are not
indispensable in the proper conduct of the office, the
officer may acquire a property right therein.
LIABILITIES OF PUBLIC OFFICERS
THREE-FOLD RESPONSIBILITY OF PUBLIC OFFICERS
A public officer is under a three-fold responsibility for violation
of duty or for wrongful act or omission:
(1) Civil Liability – if the individual is damaged by such
violation, the official shall, in some cases, be held
liable civilly to reimburse the injured party
(2) Criminal Liability – if the law has attached a penal
sanction, the officer may be punished criminally. The
mere fact that an officer is acting in an official capacity
will not relieve him from criminal liability.
(3) Administrative Liability – such violation may also
lead to imposition of fine, reprimand, suspension, or
removal from office, as the case may be.

IN GENERAL Liability of Ministerial Officers

(1) Nonfeasance – neglect or refusal to perform an act
The liability of a public officer to an individual or the public is which is the officer’s legal obligation to perform
based upon and is co-extensive with his duty to the individual (2) Misfeasance – failure to use that degree of care, skill,
or the public. Public officers in respect of the persons to whom and diligence required in the performance of official
their duty is owing, are divided into 2 classes: duty
(1) Those whose duty is owed solely to the public (3) Malfeasance – the doing, through ignorance,
(2) Those whose duty is owed in some degree to the inattention or malice, of an act which he had no legal
individuals right to perform
An individual has no cause of action against a public officer for
a breach of duty owed solely to the public. Statutory Liability
Art. 32, Civil Code Liability for failure or
A public officer is not liable for the injuries sustained by another neglect to perform official
as a consequence of official acts done within the scope of his duty
authority, except as otherwise provided by law. Art. 33, Civil Code Liability for violating rights
and liberties of private
A public officer shall not be civilly liable for acts done in the individuals
performance of his official duties, unless there is a clear showing Art. 34, Civil Code Liability of peace officers
of bad faith, malice, or negligence. for render aid or protection
to a person; subsidiary
However, under Sec. 24, LGC, local governments and their liability of municipal
officials are expressly not exempt from liability for death or corporations in such case
injury to persons or damage to property. Sec. 38(2), Chapter 9, Book Liability for neglecting to
I, Revised Administrative perform a duty without just
Administrative Offense Code cause within (1) a period
Conduct prejudicial to the best interest of the service is an fixed by law or regulation;
administrative offense which need not be related to or (2) a reasonable period, if
respondent’s official functions. [Balasbas v. Monayao, G.R. No. no period is fixed
190524 (2014)]
Liability on Contracts
Gross Neglect of Duty The public officer shall be personally liable on contracts he
enters into if he acted without, or exceeded his authority

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Liability on Tort - No compensation is due for the period of preventive

The public officer shall be personally liable if he goes beyond
the scope of his authority, or exceeds the powers conferred upon
him by law
Liability of Superior Officers for Acts of Subordinate Officers
A head of a department or a superior officer shall not be civilly
liable for the wrongful acts, omissions of duty, negligence or
misfeasance of his subordinates, unless he has actually
authorized by written order the specific act or misconduct
complained of.
Liability of Subordinate Officers
No subordinate officer or employee shall be civilly liable for acts
done by him in good faith in the performance of his duties.
However, he shall be liable for willful or negligent acts done by
him which are contrary to law, morals, public policy, and good
customs even if he acted under orders or instructions of his
superiors.
suspension pending investigation. Such preventive
suspension is authorized by the Civil Service Law and
cannot, therefore, be considered “unjustified” even if
later the charges are dismissed. It is one of those
sacrifices which holding a public office requires for
the public food. For this reason, it is limited to 90 days
unless the delay in the conclusion of the investigation
is due to the employee concerned.
(2) Preventive suspension pending appeal
- An appeal (from the decision of the disciplinary
authority) shall not stop the decision from being
executory, and in case the penalty is suspension or
removal, the respondent shall be considered as
having been under preventive suspension during the
pendency of the appeal in the event he wins the
appeal. [Sec. 47(4), Chapter 6, Subtitle A, Title I, Book V,
Revised Administrative Code]

Non-Applicability of the Doctrine of Command Employees are entitled to compensation for the period of their
Responsibility and the Principle of Respondeat Superior to suspension pending appeal if they are found innocent. It would
Public Officers be unjust to deprive him of his pay as a result of immediate
Neither the principle of command responsibility (in military or execution of the decision against him and continue to do so even
political structural dynamics) nor the Doctrine of respondeat after it is shown that he is innocent of the charges for which he
superior (in quasi delicts) applies in the law of public officers. was suspended.
The negligence of the subordinate cannot be ascribed to his
superior in the absence of evidence of the latter’s own PENDING PENDING APPEAL
negligence. [Reyes v. Rural Bank of San Miguel (2004)] INVESTIGATION
Not a penalty but only a Punitive in character
Exception: The President, being the commander-in-chief of all means of enabling the
armed forces, necessarily possesses control over the military disciplining authority to
that qualifies him as a superior within the purview of the conduct unhampered
command responsibility doctrine. [In the Matter of the Petition for investigation
Writ of Amparo and Habeas Data in favor of Noriel H. Rodriguez; No backwages due for the If exonerated – reinstated
Rodriguez v. Macapagal-Arroyo (2011)] period of suspension even with full pay for the period
if found innocent unless of suspension
suspension is unjustified
PREVENTIVE SUSPENSION AND BACK SALARIES If reprimanded – cannot
claim backwages. Penalty is
Preventive Suspension commuted.
It is a disciplinary measure which is intended to enable the
disciplinary authority to investigate charges against the
RULES ON PREVENTIVE SUSPENSION
respondent by preventing the latter from using his position or
office to influence witnesses, to intimidate them, or to tamper
ELECTIVE
with the records which may be vital in the prosecution of the APPOINTIVE OFFICIALS
OFFICIALS
case against him.
Not a
Presidential
Presidential
Preventive suspension of the accused is mandatory upon Appointee
Appointee
finding that the Information is valid. Court possesses no
President –
discretion to determine whether one is necessary. [Dela Cruz v.
elective
Sandiganbayan, G.R. No. 161929 (2009)]
official of a
province,
Kinds of Preventive Suspension
HUC, or ICC
(1) Preventive suspension pending investigation
- The proper disciplining authority may preventively
Governor –
suspend any subordinate officer under his authority The proper The proper
elective
pending an investigation, if the charge against such By disciplining disciplining
official of CC
officer involves dishonesty, oppression or grave authority authority
or
misconduct, or neglect in the performance of duty or
municipality
if there are reasons to believe that the respondent is
guilty of the charges which would warrant his
Mayor –
removal from service. (Sec. 51, Chapter 6, Subtitle A,
elective
Title I, Book V, Revised Administrative Code)
official of a
barangay

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President – delay in the within a

elective disposition of single year
official of a the case is due on the
province, to the fault, same
HUC, or ICC negligence, or ground or
Any Any petition of the grounds
subordinate subordinate Governor – respondent, in existing
officer or officer or elective which case the and
Against
employee employee official of CC period of known at
under such under such or delay shall not the time of
authority authority municipality be counted the first
suspension
Mayor – Preventive
elective suspension of
official of a an elective
barangay local official is
Notes
Pending an At any time not an
Pending an
When investigatio after the issues interruption of
investigation
n are joined the 3-term
(1) After the limit rule
issues are
joined;
(1) Charge (2) Evidence ILLEGAL DISMISSAL, REINSTATEMENT, AND BACK
involves of guilt is SALARIES
dishonesty strong;
, and Reinstatement
oppressio (3) Given the It means the restoration to a state or condition from which one
n or grave gravity of had been removed or separated. One who is reinstated assumes
misconduc the the position he had occupied prior to the dismissal. Back salary
t, neglect May initially offense, or wages is a form of relief that restores the income that was lost
in the be justified there is by reason of unlawful dismissal
performan under the great
ce of duty; circumstanc probabilit
or e may raise y that the
(2) There are a due continuan Duty of Plaintiff to Prove His Right to Office
Grounds reasons to process ce in office For a plaintiff to succeed in seeking reinstatement to an office,
believe question if of the he must prove his right to the office. In a quo warranto
that continued responden proceeding, the person suing must show that he has a clear right
responden for an t could: to the office allegedly held unlawfully by another. Absent that
t is guilty unreasonabl (a) Influence right, the lack of qualification or eligibility of the supposed
of the e period of of the usurper is immaterial.
charges time witnesses;
which or Where Removal or Suspension Lawful
would (b) Pose a An officer who has been lawfully separated or suspended from
warrant threat to his office is not entitled to compensation for the period during
his the safety which he was so suspended, even if it be subsequently
removal and determined that the cause for which he was suspended was
from the integrity unjustified (so long as the preventive suspension was within the
service of the periods provided by law).
records
and other Where Removal or Suspension Unlawful
evidence When an officer was unlawfully removed and was prevented
Administrativ (1) Single for a time by no fault of his own from performing the duties of
e investigation administra his office, he may recover backwages, and the amount that he
must be tive case – had earned in other employment during his unlawful removal
terminated not to should not be deducted from his unpaid salary.
within 90 exceed 60
days, days Other Rules
Period The award for backwages is limited to a maximum period of 5
otherwise the (2) Several
respondent administra years and not to full back salaries from illegal dismissal up to
shall be tive cases – reinstatement.
automatically not more
reinstated than 90 A petition for quo warranto and mandamus affecting title to
unless the days public office must be filed within 1 year from the date the

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petitioner is ousted from his position. The claim for back salaries
and damages is also subject to the 1-year prescriptive period.
NOTE: Prescription does not lie against the State. It is the
general rule that laches, acquiescence, or unreasonable delay in
the performance of duty on the part of the officers of the state,
is not imputable to the state when acting in its character as a
sovereign. [Republic v. Sereno, G.R. No. 237428 (2018)]
Official immunity serves as a protective aegis for public officials
from tort liability for damages arising from discretionary acts or
functions in the performance of their official duties.
Presidential Immunity from Suit
General Rule: The President shall be immune from suit during
his tenure.
Exception: Impeachment complaint

While the President is immune from suit, she may not be

IMMUNITY OF PUBLIC OFFICERS prevented from instituting a suit.

A non-sitting President does not enjoy immunity from suit, even

General Rule: The Doctrine of Official Immunity applies to for acts committed during the latter’s tenure.
complaints filed against public officials for acts done in the
performance of their duties.

Exceptions:
(1) Where the public official is charged in his official
capacity for acts that are unlawful and injurious to the DE FACTO OFFICERS
rights of others
(2) Where the public official is clearly being sued not in
his official capacity but in his personal capacity,
although the acts complained of may have been
De Facto Doctrine
committed while he occupied a public position
It is the doctrine that a person who is admitted and sworn into
(3) Suit to compel performance of official duty or restrain
office by the proper authority is deemed to be rightfully in such
performance of an act
office until:
(1) He is ousted by judicial declaration in a proper
Rationale
proceeding; or
The Doctrine of Official Immunity promotes fearless, vigorous,
(2) His admission thereto is declared void.
and effective administration of policies of government. It is
generally recognized that public officers and employees would
Purpose: To ensure the orderly functioning of government. The
be unduly hampered, deterred, and intimidated in the
public cannot afford to check the validity of the officer’s title
discharge of their duties, if those who act improperly, or even
each time they transact with him.
exceed the authority given them, were not protected to some
reasonable degree by being relieved from private liability. The
De Facto Officer
threat of suit could also deter competent people from accepting
One who has the reputation of being the officer that he assumes
public office.
to be, and yet is not a good officer in point of law. [Torres v. Ribo
(1948)]
Acts of a public officer are protected by the presumption of good
faith. Even mistakes concededly committed by such a public
Elements of a De Facto Officership
officer in the discharge of his official duties are not actionable as
(1) A validly existing public office
long as it is not shown that they were motivated by malice or
(2) Actual physical possession of the office in good faith
gross negligence amounting to bad faith.
(3) Color of title to the office or general acquiescence by
the public
Other Public Policy Considerations
(1) Loss of valuable time cause by such actions
There is color of title to the office in ANY of the following
(2) Unfairness of subjecting officials to personal liability
circumstances:
for the acts of their subordinates
(1) There is no known appointment or election, but
(3) A feeling that the ballot and removal procedures are
people are induced by circumstances of reputation or
more appropriate methods of dealing with the
acquiescence to suppose that he is the officer he
misconduct in public office
assumes to be. Consequently, people do not to inquire
into his authority, and they submit to him or invoke
Official Immunity v. State Immunity
his action;
The immunity of public official is a more limited principle than
(2) He possessed public office under color of a known
state immunity since its purpose is not directly to protect the
and valid appointment or election, but he failed to
sovereign, but rather to do so only collaterally, by protecting the
conform to some precedent requirement or condition;
public official in the performance of his government function.
(3) He possessed public office under color of a known
election or appointment, but such is VOID because:
The Doctrine of Sovereign Immunity is principally rested upon
A. He is ineligible;
the tenuous ground that the king could do no wrong. It served
B. The electing or appointing body is not
to protect the impersonal body politic or government itself from
empowered to do such;
tort liability.
C. His exercise of his function was defective or
irregular; and

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D. The public DOES NOT KNOW of such Basis of Color of right or None. Neither
ineligibility, want of authority, or irregularity. Authority title to office lawful title nor
color of right to
He possessed public office under color of an election or an office
appointment by or pursuant to a public, unconstitutional law, Validity of Valid as to the Absolutely void;
before the same is adjudged to be such. “Official” Acts public until his his acts can be
title to the office impeached at
OFFICER DE JURE v. OFFICER DE FACTO is adjudged any time in any
DE JURE DE FACTO insufficient proceeding
Requisites A de jure office De jure office; Rule on Entitled to Not entitled to
exists; He assumed Compensation receive compensation at
He is legally office under compensation all
qualified for the color of right or only when no de
office; general jure officer is
He is lawfully acquiescence by declared and
chosen to such the public; only for actual
office; He actually and services
He undertakes to physically rendered
perform the possessed the
duties of such office in good An intruder or usurper may grow into a de facto officer if his
office according faith. assumption of office is acquiesced in, as when he continues to
to law’s act for so long a time as to afford a strong presumption that he
prescribed mode. has been duly appointed or elected.
Basis of Right: He has the Reputation: He
Authority lawful right or possesses office Office Created Under an Unconstitutional Statute
title to the office and performs its The prevalent view is that a person appointed or elected in
duties under accordance with a law later declared to be unconstitutional may
color of right, but be considered de facto at least before the declaration of
he is not unconstitutionality.
technically
qualified to act in Legal Effects of Acts of De Facto Officers
all points of law (1) As regards the officers themselves: A party suing or
How Ousted Cannot be In a direct defending in his own right as a public officer must
ousted even in a proceeding (quo show that he is an officer de jure. It is not sufficient
direct warranto); that he be merely a de facto officer.
proceeding Cannot be ousted (2) As regards the public and third persons: The acts of a de
collaterally facto officer are valid as to third persons and the
Validity of Valid, subject to Valid as to the public until his title to office is adjudged insufficient.
Official Acts exceptions public until his
title to the office Rationale: The doctrine is intended not for the protection of the
is adjudged public officer, but for the protection of the public and
insufficient individuals who get involved in the official acts of persons
Rule on Rightfully Conditionally discharging the duties of a public office.
Compensation entitled to entitled to
compensation; receive De Facto Officer’s Official Acts are Not Subject to Collateral
The principle compensation: Attack
“No work, no only when no de A de facto officer’s and his acts’ validity cannot be collaterally
pay” is jure officer is questioned in proceedings where he is not a party, or which
inapplicable to declared; were not instituted to determine the very question.
him. He is paid only
for actual Remedy: Quo warranto proceedings filed by:
services (1) The person claiming entitlement to the office;
rendered. (2) The Republic of the Philippines (represented by the
Solicitor-General or a public prosecutor)

DE FACTO USURPER Liability of De Facto Officer

Nature He becomes He possesses A de facto officer generally has the same degree of liability and
officer with color office and accountability for official acts as a de jure officer.
of title under the performs official
circumstances acts without The de facto officer may be liable for all imposable penalties for
discussed above actual or ANY of the following acts:
apparent (1) Usurping or unlawfully holding office;
authority (2) Exercising the functions of public office without
lawful right;
(3) Ineligibility for the public office as required by law

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The officer cannot excuse responsibility for crimes committed in
his official capacity by asserting his de facto status.
Right to Compensation of De Facto Officer
General Rule: A de facto officer cannot sue for the recovery of
salary, fees, or other emoluments attached to the office, for the
duties he has performed. His acts, as far as he himself is
concerned, are void.
Exception: Where there is no de jure officer, a de facto officer, who
in good faith has had possession of the office and has discharged
the duties pertaining thereto, is legally entitled to the
emoluments of the office, and may in an appropriate action
recover the salary, fees, and other compensations attached to the
office.
TERMINATION OF OFFICIAL
RELATION
EXPIRATION OF THE TERM OR TENURE OF OFFICE
General Rule: Upon the expiration of the officer’s term, his
rights, duties, and authority as a public officer must ipso facto
cease.
Exception: Unless he is authorized by law to hold over.
Where an office is created, or an officer is appointed, for the
purpose of performing a single act or the accomplishment of a
given result, the office terminates and the officer’s authority
ceases with the accomplishment of the purposes which called it
into being.
Term of Office
The time during which the officer may claim to hold the office
as of right and fixes the interval after which the several
incumbents shall succeed one another. It is a fixed and definite
period of time to hold office, perform its functions and, enjoy its
privileges and emoluments until the expiration of said period.
Tenure of Office
The period during which the incumbent actually holds office.
REACHING THE AGE LIMIT
(RETIREMENT)
This mode of termination results in the compulsory and
automatic retirement of a public officer.
Compulsory Retirement Age
(1) Members of the Judiciary: 70 years old
(2) Other government officers and employees: 65 years
old
(3) Optional retirement age: after rendition of the
minimum number of years of service
DEATH OR PERMANENT DISABILITY
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Constitutional Law I
The death of the incumbent of an office, which is by law to be
filled by one person only, necessarily renders the office vacant.
The public official cease to hold office upon his death and all his
rights, duties, and obligations pertinent to the office are
extinguished.
Permanent disability covers both physical or mental disability.
RESIGNATION
The act of giving up or the act of a public officer by which he
declines his office and renounces the further right to use it. It is
an expression of the incumbent in some form, express or
implied, of the intention to surrender, renounce, and relinquish
the office and the acceptance thereof by competent lawful
authority. [Ortiz v. COMELEC (1988)]
Requisites:
(1) Intention to relinquish a part of the term
(2) Act of relinquishment
(3) Acceptance by the proper authority, either expressly
or impliedly
Forms of Resignation
(1) Where a law requires that resignation is to be made in
any particular form, that form must be substantially
complied with.
(2) Where no such form is prescribed, no particular mode
is required, but the resignation may be made by any
method indicative of the purpose. It need not be in
writing, unless so required by law. A written
resignation, delivered to the board or officer
authorized to receive it and fill the vacancy thereby
created, is prima facie, but not conclusive evidence of
the intention to relinquish the office.
Courtesy resignation cannot properly be interpreted as a
resignation in the legal sense for it is not necessarily a reflection
of a public official’s intention to surrender his position. Rather,
it manifests his submission to the will of the political authority
and the appointing power.
When Resignation is Effective.
(1) Date specified in the tender
(2) If no such date is specified, resignation shall be
effective when the public officer receives notice of the
acceptance of his resignation, NOT the date of the
letter or notice of acceptance
Revocation of Resignation
A resignation can be validly withdrawn before the public
official is notified of its acceptance. [Republic v. Singuin (2008)]
It is an offense for any public officer who, before acceptance of
his resignation, abandons his office to the detriment of the
public service. (Art. 238, RPC)
Acceptance of Resignation
(1) As provided by law
(2) If the law is silent on who shall accept and the public
officer is an appointive officer, tender to the
appointing authority. If elective, tender to those
authorized by law.
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Political Law Constitutional Law I

RESIGNING PUBLIC ACCEPTING (1) Intention to abandon

OFFICER
President and Vice
President
Members of Congress
Governor, Vice Governor,
Mayor, Vice Mayor of
Highly Urbanized Cities
and Independent
Component Cities
City Mayors and Vice
Mayors of Component
Cities, Municipal Mayors
and Vice Mayors
Sanggunian Members
Elective Barangay Officials
Appointive Public Officers
ACCEPTANCE OF AN INCOMPATIBLE OFFICE
AUTHORITY (2) Overt act by which the intention is carried into effect
Congress
Distinguished from Resignation
Respective Houses While resignation in general is a formal relinquishment,
President abandonment is a voluntary relinquishment through non-user.
Non-user refers to a neglect to use a privilege or a right or to
exercise an easement or an office. [Municipality of San Andres,
Catanduanes v. CA (1998)]
Governor What May Constitute as Abandonment
(1) Abandonment may result from acquiescence from the
officer in his wrongful removal.
(2) An officer or employee shall be automatically
Sanggunian concerned separated from the service if he fails to return to the
Municipal or City Mayors service after the expiration of one-year leave of
Appointing Authority absence without pay. Also, officers and employees
who are absent for at least 30 days without approved
leave (AWOL) shall be dropped from the service after
due notice.

General Rule: One who, while occupying one office, accepts

PRESCRIPTION OF RIGHT TO OFFICE
another office incomplete with the first ipso facto vacates the first
office.
Under the Rules of Court, quo warranto is the proper remedy
against a public officer for his ouster from office. The petition
Exceptions:
should be filed within one (1) year after the cause of such ouster
(1) Where the public officer is authorized by law to
or the right of the plaintiff to hold such office or position arose;
accept the other office (ex officio capacity).
otherwise, the action will be barred. The filing of an
(2) If the public officer accepts a forbidden office, the
administrative action does not suspend the period for filing the
holding of the second office is absolutely void.
appropriate judicial proceeding.
Rationale: It is contrary to the policy of the law that the same
Rationale for the one-year period: Title to public office should
individual should undertake to perform inconsistent and
not be subjected to uncertainties but should be determined as
incompatible duties.
speedily as possible.
When Incompatible
Incompatibility is to be found in the character of the offices and
their relation to each other, in the subordination of one to the
other and in the nature of the functions and duties which attach REMOVAL
to them.
Removal
Ouster of an incumbent public officer before the expiration of
It Exists Where:
his term. It implies that the office exists after the ouster. Another
(1) There is conflict in such duties and functions, so that
term used is dismissal.
the performance of the duties of one interferes with
the performance of the duties of the other as to render
It is the forcible and permanent separation of the incumbent
it improper from consideration of public policy for
from office before the expiration of his term.
one person to retain both.
(2) One is subordinate to the other and is subject in some
Modes of Removal
degree to its supervisory power for obviously in such
Removal from office may be express or implied.
a situation, the design that one acts as a check on the
(1) Appointment of another officer in the place of the
other would be frustrated.
incumbent operates as a removal if the latter was
(3) The Constitution or the law itself declares the
notified.
incompatibility even though there is no inconsistency
(2) The transfer of an officer or employee without his
in the nature and functions of the offices.
consent from one office to another, whether it results
in promotion or demotion, advancement or reduction
in salary, is equivalent to his illegal removal or
ABANDONMENT OF OFFICE
separation from the first office.
(3) Demotion to a lower position with a lower rate of
Abandonment
compensation is also equivalent to removal if no
It is the voluntary relinquishment of an office by the holder of
cause is shown for it.
all right, title, or claim thereto with the intention of not
reclaiming it or terminating his possession and control thereof.
Limitations
(1) Constitutional guarantee of security of tenure. No
Requisites
officer or employee of the civil service shall be

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Political Law
removed or suspended except for cause provided by
law. [Sec. 2(3), Art. IX-B, 1987 Constitution]
(2) Removal or resignation from office is not a bar to a
finding of administrative liability [Office of the
President v. Cataquiz (2011)]
(3) Removal not for a just cause, or non-compliance with
the prescribed procedure constitutes a reversible
error and entitles the officer or employee to
reinstatement with back salaries and without loss of
seniority rights.
Elements of Removal for Cause
(1) The cause is a legal cause
(2) As a general rule, the cause must be connected to the
functions and duties of the office
(3) The cause must be of a substantial nature as to
directly affect the interest of the public
(4) The removal must be after due process
Extent of President’s Removal Power
(1) With respect to non-career officers exercising purely
executive functions whose tenure is not fixed by law,
the President may remove them with or without
cause and Congress may not restrict such power.
(2) With respect to officers exercising quasi-legislative or
quasi-judicial functions, they may be removed only
on grounds provided by law to protect their
independence.
(3) With respect to constitutional officers removable only
by means of impeachment, and judges of lower
courts, they are not subject to the removal of the
President.
ABOLITION
Requisites
(1) Abolition must be done in good faith
(2) Clear intent to do away with the office
(3) Not for personal or political reasons
(4) Cannot be implemented in a manner contrary to law
Limitations
(1) Except when restrained by the Constitution, the
Congress has the right to abolish an office, even
during the term for which an existing incumbent may
have been elected. Valid abolition of office does not
constitute removal of the incumbent.
(2) No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of its
members.
(3) The fundamental principle afforded to civil service
employees against removal “except for cause as
provided by law” does not protect them against
abolition of the positions held by them in the absence
of any other provision expressly or impliedly
prohibiting abolition thereof.
Reorganization
It is the reduction of personnel, consolidation of offices, or
abolition thereof by reason of economy or redundancy of
functions. It could result in the loss of one’s position through
removal or abolition of an office. However, for a reorganization
for the purpose of economy or to make the bureaucracy more
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efficient to be valid, it must pass the test of good faith;
otherwise, it is void ab initio.
Reorganization is valid provided they are pursued in good faith.
Attrition
It is the reduction of personnel as a result of resignation,
retirement, dismissal in accordance with existing laws, death, or
transfer to another office.
CONVICTION OF A CRIME
When the penalties of perpetual or temporary absolute
disqualification or penalties of perpetual or temporary special
disqualification are imposed upon conviction of a crime,
termination of official relation results, for one of the effects of
the imposition of said penalties is the deprivation of the public
office which the offender may have held.
Conviction means conviction in a trial court. It contemplates a
court finding guilt beyond reasonable doubt followed by a
judgment upholding and implementing such finding. The
judgment must be final and executory.
NON-USER
The office of any official elected who fails or refuses to take his
oath of office within six (6) months from his proclamation shall
be considered vacant, unless said failure is for a cause or causes
beyond his control.
RECALL
It is a method of removal prior to the expiration of the term of a
public officer on account of loss of confidence exercised directly
by the registered voters of a local government unit.
FILING OF A CERTIFICATE OF CANDIDACY BY AN
APPOINTIVE OFFICIAL
An appointive official is ipso facto resigned from his office upon
the filing of a certificate of candidacy. An elective official who
files a certificate of candidacy is not deemed resigned from his
position. [Quinto v. COMELEC (2010)]
Rationale: Substantial distinctions exist between elective
officials and appointive officials. The former occupy their office
by virtue of the mandate of the electorate. On the other hand,
appointive officials hold their office by virtue of their
designation thereto by an appointing authority. Also, under the
Revised Administrative Code, appointive officials, as officers
and employees in the civil service, are strictly prohibited from
engaging in any partisan political activity or take part in any
election except to vote. Elective officials, by the very nature of
their positions, may engage in partisan political activities.
THE CIVIL SERVICE
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SCOPE
It embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned and
controlled corporations with original charters.
JURISDICTION OF THE CIVIL SERVICE COMMISSION
Exclusive Jurisdiction
(1) Disciplinary cases
(2) Cases involving “personnel action” affecting the Civil
Service employees:
A. Appointment through certification
B. Promotion
C. Transfer
D. Reinstatement
E. Reemployment
F. Detail
G. Reassignment
H. Demotion
I. Separation
(3) Employment status
(4) Qualification standards
Power of the CSC to Review an Appointee’s Qualifications
The only function of the CSC is to review the appointment in the
light of the requirements of the Civil Service Law, and when it
finds the appointee to be qualified and all other legal
requirements have been otherwise satisfied, it has no choice but
to attest to the appointment. [Lapinid v. CSC (1991)]
Limitations
(1) It cannot order the replacement of the appointee
simply because it considers another employee to be
better qualified.
(2) The CSC cannot co-manage or be a surrogate
administrator of government offices and agencies.
(3) It cannot change the nature of the appointment
extended by the appointing officer.
The authority of city or municipal mayors to exercise
administrative supervision over city or municipal civil
registrars is not exclusive, but concurrent with the CSC. The
Civil Service Commission, as the central personnel agency of the
government, has the power to appoint and discipline its officials
and employees and to hear and decide administrative cases
instituted by or brought before it directly or on appeal.
APPOINTMENTS TO THE CIVIL SERVICE
Classification of Positions in the Civil Service
(1) Career Service – characterized by
A. Entrance based on merit and fitness to be
determined as far as practicable by competitive
examinations, or based on highly technical
qualifications,
B. Opportunity for advancement to higher career
positions, and
C. Security of tenure
General Rule: Appointments to the Career Service is
to be determined as far as practicable by competitive
examination.
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Exceptions: Appointments to the following positions
are exempt from the competitive examination
requirement
(i) Policy determining – where the officer is vested
with the power of formulating policies for the
government or any of its agencies, subdivisions,
or instrumentalities
(ii) Primarily confidential – the officer enjoys
primarily such close intimacy with the
appointing authority which insures freedom
intercourse without embarrassment or freedom
of misgiving of betrayal or personal trust on
confidential matters of the state. [De Los Santos v.
Mallare (1950)] The position characterized by the
close proximity of positions of the appointee as
well as the high degree of trust and confidence
inherent in their relationship. [Civil Service
Commission v. Javier (2008)]
It is the nature of the position which determines
whether a position is policy determining, primarily
confidential, or highly technical.
(2) Non-Career Service – Entrance on bases other than
those of the usual tests. Tenure limited to a period
specified by law or which is coterminous with the
appointing authority or the duration of a particular
project.
Recall of Appointments
Grounds
(1) Non-compliance with the procedures or criteria
provided by the agency’s Merit Promotion Plan
(2) Failure to pass through the agency’s Selection or
Promotion Board
(3) Violation of existing collective agreement between
management and employees relative to promotion
(4) Violation of other existing civil service laws, rules,
and regulations
The above grounds are available despite initial approval by the
CSC of the appointment.
Distinguished from recall under the Local Government Code.
The CSC has the power to recall an appointment which has been
initially approved when it is shown that the same was issued in
disregard of pertinent CSC laws, rules, and regulations. In
contrast, under the LGC, recall is a mode of removal of a public
official by the people before the end of his term of office.
Appointments Not Requiring CSC Approval
(1) Presidential appointments
(2) Members of the AFP
(3) Police forces
(4) Firemen
(5) Jail guards
Limitations on Power to Appoint
(1) Constitutional limitations
A. Prohibition on nepotic appointments by the
President
B. Midnight appointments ban
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C. Grant of power of appointment to officers and
bodies other than the President
D. Grant of exclusive power to appoint officials and
employees of the judiciary to the SC
E. Recommendation of the JBC for appointments to
the SC and lower courts
F. Grant of exclusive power to appoint officials and
employees of the Constitutional Commissions to
the same
G. One-year appointments ban for losing
candidates
H. Non-appointment or designation of elective
officials
I. Prohibition on holding multiple offices for
appointive officials
J. Grant of exclusive power to appoint officials and
employees of the Ombudsman ot the same
K. Recommendation of the JBC for appointments of
the Ombudsman and his deputies
(2) Limitations found in statutes
(3) Restrictions as developed under jurisprudence
A. Appointing authority cannot preempt
appointing power of successor
B. Appointing authority cannot appoint himself to
a vacancy
C. No appointment to a post which is not vacant
PERSONNEL ACTION
Promotion
It is the movement from one position to another with increase
in duties and responsibilities as authorized by law and is
usually accompanied by an increase in pay.
(1) Next-in-Rank Rule
The person next in rank shall be given preference in
promotion when the position immediately above his
is vacated.
BUT the appointing authority still exercises discretion
and is not bound by this rule, although he is required
to specify the “special reason or reasons” for not
appointing the officer next-in-rank.
(2) Automatic Reversion Rule
All appointments involved in a chain of promotions
must be submitted simultaneously for approval by
the Commission.
The disapproval of the appointment of a person
proposed to a higher position invalidates the
promotion of those in the lower positions and
automatically restores them to their former positions.
However, the affected persons are entitled to
payment of salaries for service actually rendered at a
rate fixed in their promotional appointments.
Requisites
A. Series of promotions
B. All promotional appointments are
simultaneously submitted to the Commission
for approval
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C. The Commission disapproves the appointment
of a person to a higher position
Transfer
It is a movement from one position to another which is of
equivalent rank, level, or salary without break in service.
This may be imposed as an administrative remedy.
General Rule: If transfer is without consent, it violates security
of tenure.
Exceptions:
(1) Temporary appointee
(2) Career Executive Service Personnel whose status and
salaries are based on ranks, not on position
Reinstatement
It is technically the issuance of a new appointment and is
discretionary on the part of the appointing power.
It cannot be the subject of an application for a writ of
mandamus.
Requisites for Validity
(1) Any permanent appointee of a career service position
(2) No commission of delinquency or misconduct, and is
not separated
(3) The reinstatement is to a position in the same level for
which the officer is qualified
Reinstatement has the same effect as executive clemency, which
completely obliterates the adverse effects of the administrative
decision which found him guilty of dishonesty. He is restored
ipso facto upon grant of such. Application for reinstatement is
unnecessary.
Detail
It is the movement of an employee from one agency to another
without the issuance of an appointment.
Requisites for Validity
(1) Only for a limited period
(2) Only for employees occupying professional,
technical, and scientific positions
(3) Temporary in nature
An Employee May Be Reassigned from One Organizational
Unit to Another in the Same Agency
It is a management prerogative of the CSC and any department
or agency embraced in the Civil Service and does not constitute
removal without cause.
Requisites for Validity
(1) No reduction in rank, status, or salary.
(2) The reassignment is from one organizational unit to
another in the same agency.
(3) Should have a definite date or duration. Otherwise, a
floating assignment would be tantamount to a
diminution in status or rank.
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Reemployment
Names of persons who have been appointed permanently to
positions in the career service and who have been separated as
a result of reduction in force and/or reorganization, shall be
entered in a list from which selection for reemployment shall be
made.
ACCOUNTABILITY OF PUBLIC
OFFICERS
IMPEACHMENT
A method of national inquest into the conduct of public men.
It is the power of Congress to remove a public official for serious
crimes or misconduct as provided in the Constitution (Corona
v. Senate, 2012).
Purpose
To protect the people from official delinquencies or
malfeasances. It is primarily intended for the protection of the
State, not for the punishment of the offender.
Impeachable Officers
(1) President
(2) Vice President
(3) Members of the Supreme Court
(4) Members of the Constitutional Commissions
(5) Ombudsman
All other public officers and employees may be removed from
office as provided by law but not by impeachment (Sec. 2, Art.
XI, Constitution).
NOTE: Impeachment is not an exclusive remedy by which an
invalidly appointed or invalidly elected impeachable official
may be removed from office. The language of Sec. 2, Art. XI,
1987 Constitution does not foreclose a quo warranto action
against impeachable officers. The provision uses the permissive
term “may” which denotes discretion and cannot be construed
as having a mandatory effect, indicative of a mere possibility,
an opportunity, or an option.
Quo warranto as a remedy to oust an ineligible public official
may be availed of when the subject act or omission was
committed prior to or at the time of appointment or election
relating to an official’s qualifications to hold office as to render
such appointment or election invalid acts.
Quo warranto proceedings are essentially judicial in character –
it calls for the exercise of the Supreme Court’s constitutional
duty and power to decide cases and settle actual controversies.
This constitutional duty cannot be abdicated or transferred in
favor of, or in deference to, any other branch of the government
including the Congress, even as it acts as an impeachment court
through the Senate. [Republic v. Sereno, G.R. No. 237428 (2018)]
Grounds for Impeachment
(1) Culpable violation of the Constitution
(2) Treason
(3) Bribery
(4) Graft and corruption
(5) Other high crimes, or
(6) Betrayal of public trust
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Procedure
The House of Representatives has the sole power to initiate all
cases of impeachment while the Senate sits as a court for the trial
of impeachment cases.
No impeachment proceedings shall be initiated against the
same official more than once within a period of one year (Sec. 3,
Art. XI, Constitution).
The term “to initiate” refers to:
(1) The filing of the impeachment complaint, coupled
with
(2) Congress’ taking initial action of said complaint (i.e.
referral to the House Committee on Justice) [Francisco
v. House of Representatives (2003)].
Judgment
Judgment in cases of impeachment shall not extend further than
removal from office and disqualification to hold any office
under the Republic of the Philippines, but the party convicted
shall nevertheless be liable and subject to prosecution, trial, and
punishment, according to law (Sec. 3, Art. XI, Constitution).
OMBUDSMAN
The Ombudsman is a constitutional officer duty-bound to
investigate on its own or on complaint by “any person, any act
or omission of a public officer or employee when such act or
omission appears to be illegal, unjust, improper, or inefficient.”
[Antonio King v. Francisco Robles, G.R. No. 197096-97 (2013)]
Functions under the Constitution (Sec. 13, Art. XI, Constitution)
(1) Investigate any act or omission of any public official,
employee, office, or agency which appears to be
illegal, unjust, improper, or inefficient. This may be
done by the Ombudsman on its own or upon
complaint.
(2) Direct any public official or employee, or any
government subdivision, agency or instrumentality,
as well as of any government-owned or controlled
corporation with original charter:
A. To perform and expedite any act or duty
required by law, or
B. To stop, prevent, and correct any abuse or
impropriety in the performance of duties.
(3) Direct the officer concerned:
A. To take appropriate action against a public
official or employee at fault, and
B. To recommend the latter’s removal, suspension,
demotion, fine, censure, or prosecution, and
C. To ensure compliance therewith.
(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 or
properties. The Ombudsman can also report any
irregularity to the Commission on Audit 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.
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(6) Publicize matters covered by its investigation when
circumstances so warrant and with due prudence.
(7) Determine the causes 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.
Functions under R.A. No. 6770 (Sec. 15, RA 6770)
(1) Administer oaths, issue subpoena and subpoena
duces tecum, and take testimony in any investigation
or inquiry, including the power to examine and have
access to bank accounts and records.
(2) Punish for contempt in accordance with the Rules of
Court and under the same procedure and with the
same penalties provided therein.
(3) Delegate to Deputies, or its investigators or
representatives such authority or duty as shall ensure
the effective exercise or performance of the powers,
functions, and duties herein or hereinafter provided.
(4) Investigate and initiate the proper action for the
recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the prosecution
of the parties involved therein
Judicial Review in Administrative Proceedings
Remedy
Petition for review under Rule 43 of the Rules of Court with the
Court of Appeals.
The second paragraph of Sec. 14, RA 6770, which states that “no
court shall hear any appeal or application for remedy against
the decision or findings of the Ombudsman, except the Supreme
Court, on pure question of law” is unconstitutional. Effectively,
Congress increased the appellate jurisdiction of the Supreme
Court without its advice and concurrence. By confining the
remedy to a Rule 45 Appeal, the provision takes away the
remedy of Certiorari, grounded on errors of jurisdiction, in
denigration of the judicial power constitutionally vested in
courts [Carpio-Morales v. Court of Appeals, G.R. No. 217126-27
(2015)].
Decisions on resolutions of the Ombudsman in administrative
cases absolving the respondent of the charge or imposing upon
him the penalty of public censure or reprimand, suspension of
not more than one month, or a fine equivalent to one-month
salary, is final and unappealable (Agpalo, 2005).
Judicial Review in Penal Proceedings
General Rule: Courts cannot review the exercise of discretion
of the Ombudsman in prosecuting or dismissing a criminal
complaint filed before it [Loquias v. Ombudsman, G.R. No. 139396
(2000)].
Exception: When the Ombudsman’s findings are tainted with
grave abuse of discretion. [Carpio-Morales v. Court of Appeals,
G.R. No. 217126-27 (2015)].
SANDIGANBAYAN
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Nature and Composition
The Sandiganbayan is created under PD 1606, as amended by RA
8249. It is a special court, of the same level as the Court of
Appeals and possessing all the inherent power of a court of
justice.
It is composed of a presiding justice and 20 associate justices,
They sit in 7 divisions of 3 members each. (RA No. 10660)
Exclusive Original Jurisdiction
(1) Over the following crimes, when committed by
public officials and employees classified as Salary
Grade 27 or higher:
A. Violations of R.A. No. 3019 and No. 1379;
B. Crime committed by public officers and
employees embraces in Chapter II, Sec. 2, Title
VII, Book II of the Revised Penal Code;
C. Other offenses or felonies, whether simple or
complexed with other crimes, committed in
relation to their office.
(2) Civil and criminal cases filed pursuant to and in
connection with Executive Orders No. 1, 2, 14, and 14-
a issued in 1986
Provided that the Regional Trial Court shall have exclusive
original jurisdiction where the information:
(1) Does not allege any damage to the government or any
bribery; or
(2) Alleges damage to the government or bribery arising
from the same or closely related transactions or acts
in an amount not exceeding One Million Pesos (Php
1,000,000). [RA 10660 (2015)]
In the absence of any allegation that the offense charges were
necessarily connected with the discharge of the duties or
functions of a public officer, the ordinary court, not the
Sandiganbayan has jurisdiction to hear and decide the case.
What is controlling is not whether the phrase “committed in
relation to public office” appears in the Information. What
determined the jurisdiction of the Sandiganbayan is the specific
factual allegation in the Information that would indicate close
intimacy between the discharge of the accused’s official duties
and the commission of the offense charged in order to qualify
the crime as having been committed in relation to public office.
The relation between the crime and the office must be direct and
not accidental, that is, the relation has to be such that, in the legal
sense, the offense cannot exist without the office.
Officials and Private Individuals Subject to its Jurisdiction
Under Section 4(a, b) of PD 1606, as amended, the Sandiganbayan
shall exercise exclusive original jurisdiction over the cases
mentioned in (1) above where one or more of the accused are
officials occupying the following positions in government,
whether permanent, acting or interim capacity at the time of the
commission of the offense:
(1) Officials of the executive branch occupying the
positions of regional director and higher, otherwise
classified as Grade 27 and higher, of the
Compensation and Position Classification Act of 1989
(RA 6758), specifically including:
A. Provincial governors, vice-governors, members
of the sangguniang panlalawigan, and provincial
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treasurers, assessors, engineers, and other
provincial department heads;
B. City mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurers,
assessors, engineers, and other city department
heads;
C. Officials of the diplomatic service occupying the
position of consul and higher;
D. Philippine army and air force colonels, naval
captains, and all officers of higher rank;
E. Officers of the Philippines National Police while
occupying the position of provincial director
and those holding the rank of senior
superintendent or higher;
F. City and provincial prosecutors and their
assistants, and officials and prosecutors in the
Office of the Ombudsman and special
prosecutor;
(2) Presidents, directors or trustees, or managers of
government-owned or controlled corporations, state
universities or educational institutions or
foundations;
(3) Members of Congress and officials thereof classified
as Grade 27 and up under the Compensation and
Position Classification Act of 1989;
(4) Members of the judiciary without prejudice to the
provisions of the Constitution;
(5) Chairpersons and members of Constitutional
Commissions, without prejudice to the provisions of
the Constitution; and
(6) All other national and local officials classified as
Grade 27 and higher under the Compensation and
Position Classification Act of 1989.
In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or
employees, including those employed in government-owned or
controlled corporations, they shall be tried jointly with said
public officers and employees in the proper courts which shall
exercise exclusive jurisdiction over them.
Exclusive Appellate Jurisdiction
The Sandiganbayan shall exercise exclusive appellate
jurisdiction over final judgments, resolutions or orders of
regional trial courts whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction.
Appellate Jurisdiction of the Supreme Court
The appellate jurisdiction of the Supreme Court is limited to
questions of law over decisions and final orders of the
Sandiganbayan. [Republic v. Sandiganbayan (2002)]
ILL-GOTTEN WEALTH
Ill-Gotten Wealth
Any asset, property, business enterprise or material possession
of any person acquired by himself directly or indirectly through
dummies, nominees, agents, subordinates and/or business
associates by any combination or series of the following means
or similar schemes:
(1) Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public
treasurer;
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(2) By receiving, directly or indirectly, any commission,
gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in
connection with any government contract or project
or by reason of the office or position of the public
officer;
(3) By the illegal and fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions, agencies or
instrumentalities or government-owned or controlled
corporations and their subsidiaries;
(4) By obtaining, receiving, or accepting directly or
indirectly any shares of stock, equity or any other
form of interest or participation including the
promise of future employment in any business
enterprise or undertaking;
(5) By establishing agricultural, industrial, or
commercial monopolies or other combinations
and/or implementation of decrees and orders
intended to benefit particular persons or special
interests; or
(6) By taking undue advantage of official position,
authority, relationship, connection of influence to
unjustly enrich himself or themselves at the expense
and to the damage and prejudice of the Filipino
people and the Republic of the Philippines. (Sec. 1, RA
7080).
Recovery of Ill-Gotten Wealth
The right of the State to recover properties unlawfully acquired
by public officials or employees, from them or from their
nominees or transferees, shall not be barred by prescription,
laches or estoppel. (Sec. 15, Art. XI, Constitution)
The provision applies only to civil actions for recovery of ill-
gotten wealth and not to criminal cases. Thus, prosecution of
offenses arising from, relating or incident to, or involving ill-
gotten wealth in the said provision may be barred by
prescription (Presidential Ad-Hoc Fact Finding Committee on
Behest Loans v. Desierto).
Plunder (Sec. 2, RA 7080)
Punishable Acts
(1) Any public officer who, by himself or in connivance
with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or
other person, amasses, accumulates, or acquired ill-
gotten wealth through a combination or series of
overt or criminal acts in the aggregate amount or total
value of at least P50,000,000.00 (as amended by Sec.
12 or RA 7659).
(2) Any person who participated with the said officer in
the commission of plunder shall likewise be
punished.
Penalty
Life imprisonment with perpetual absolute disqualification
from holding any public office. The court shall declare any and
all ill-gotten wealth and their interests and other incomes and
assets including the properties and shares of stocks derived
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from the deposit or investment thereof forfeited in favor of the

State. [Agpalo]

TERM LIMITS

ALL ELECTIVE LOCAL OFFICIALS

(Sec. 8, Art. X, Constitution; Sec. 43, LGC)

Term of Office
3 years from noon of June 30, 1992 or the date provided by law.

All local officials first elected during the local elections

immediately following the ratification of the 1987 Constitution
shall serve until noon of June 30, 1992;
(1) No official shall serve for more than 3 consecutive
terms for the same position;
(2) Voluntary renunciation of the office for any length of
time is not an interruption in the continuity of his
service for the full term for which he was elected.

BARANGAY AND SANGGUNIANG KABATAAN

OFFICIALS

Term of Office
3 years

No barangay elective officials shall serve for more than 3

consecutive terms in the same position
(1) Reckoned from the 1994 Barangay elections;
(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.

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GENERAL PRINCIPLES

ADMINISTRATIVE LAW

It is the branch of modern law under which the executive

department acting in a quasi-legislative or quasi-judicial
capacity interferes with the conduct of the individual for the
purpose of promoting the well-being of the community.

It is the branch of public law which fixes the organization,

determines the competence, of administrative authorities, and
indicates the remedies for violations of an individual’s rights.

SOURCES OF ADMINISTRATIVE LAW

1. Constitution;
2. Statutes creating administrative bodies;
3. Court Decisions interpreting the charters of
administrative bodies;
4. Rules, Regulations, and Orders issued by
administrative agencies.

SCOPE OF ADMINISTRATIVE LAW

ADMINISTRATIVE 1. Fix the administrative structure and organization of

government;

LAW 2. Execution or enforcement of those matters entrusted

to administrative bodies;
3. Covers public officers including their competence,
rights, duties, election, appointment, etc.
4. Create administrative agencies;
5. Define their powers and functions;
6. Prescribes their procedures;
7. Provide remedies to those aggrieved by
administrative actions or decisions;
8. Covers rules, regulations, decisions and orders
made by administrative bodies;
9. Covers judicial decisions and doctrines dealing with
any of the above matters.

CLASSIFICATIONS OF ADMINISTRATIVE LAW

1. AS TO SOURCE
a. Law that controls administrative bodies
b. Law made by administrative bodies
2. AS TO PURPOSE
a. Procedural
b. Substantive
3. AS TO APPLICABILITY
a. General
b. Special or particular

ADMINISTRATIVE BODIES OR AGENCIES

ADMINISTRATIVE AGENCY – it is a body endowed with
quasi-legislative or quasi-judicial powers or both for the

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Political Law
purpose of enabling it to carry out laws entrusted to it for
enforcement or execution.
CREATION OF ADMINISTRATIVE AGENCIES
GENERAL RULE: It is primarily a legislative function.
EXCEPTION: Offices created by the Constitution. (Eugenio v.
CS, G.R. No. 115863, March 31, 1995)
DIFFERENT WAYS OF CREATING PUBLIC OFFICE
1. Constitutional provision;
2. Legislative enactment;
3. Authority of law; (Sec. of DOTC v. Mabalot, G.R. No.
138200, February 27, 2002)
4. Power of the President to create public office by valid
delegation from Congress;
5. Power of the President to create public office under
the faithful-execution clause. (CONST. Art. VII, Sec.
17)
FAITHFUL-EXECUTION CLAUSE
SECTION 17. The President shall have control of all the
executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.
ADMINISTRATIVE AGENCIES DIRECTLY CREATED BY
THE 1987 CONSTITUTION
1. Civil Service Commission (Art. IX-B)
2. Commission on Elections (Art. IX-C)
3. Commission on Audit (Art. IX-D)
4. Office of the Ombudsman and his Deputies (Art. XI,
Sec. 5)
5. Commission on Human Rights (Art. XIII, Sec. 17)
ORDINANCE POWER OF THE PRESIDENT – it is the
executive’s rule-making authority in implementing or
executing constitutional or statutory powers. (ABAKADA
GURO Party List, et al. v. Purisima, G.R. No. 166715, August 14,
2008)
HOW THE PRESIDENT’S ORDINANCE POWER IS
EXERCISED
1. PROCLAMATIONS – acts of the President fixing a
date or declaring a status or condition of public
moment or interest, upon the existence of which the
operation of a specific law or regulation is made to
depend. They have the force of an executive order.
2. GENERAL or SPECIAL ORDERS – acts and
commands of the President in his capacity as
Commander-in-Chief of the AFP.
3. ADMINISTRATIVE ORDERS – acts of the
President which relate to particular aspects of
governmental operations in pursuance of his duties
as administrative head.
4. MEMORANDUM ORDERS – acts of the President
on matters of administrative detail or of subordinate
or temporary interest which only concern a particular
officer or office of the Government.
5. MEMORANDUM CIRCULARS – acts of the
President on matters relating to internal
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administration which the President desires to bring to
the attention of all or some of the departments,
agencies, bureaus, or offices of the Government for
information or compliance.
6. EXECUTIVE ORDERS – acts of the President
providing for rules of general or permanent character
in the implementation or execution of constitutional
or statutory powers.
EXTENT OF PRESIDENT’S POWERS
Extent of President’s Powers
As to Executive As to LGUs
departments, bureaus,
and offices
Control and supervision. Only general
supervision.
KINDS OF ADMINISTRATIVE AGENCIES
A. AS TO FUNCTION
1. Those that grant privileges; (e.g. Bureau of Lands)
2. Those that carry out the actual business of the
Government; (e.g. BIR)
3. Those that perform some business service to the
public; (e.g. Bureau of Posts which is now defunct)
4. Those that regulate businesses affected with public
interest; (e.g. LTFRB)
5. Those that regulate private businesses and
individuals under police power; (e.g. SEC)
6. Those that adjudicate individual controversies
because of some strong social policy involved such
as labor; (e.g. NLRC, NCMB)
7. Those that make the government a private party; (e.g.
GSIS)
8. Those that adjudicate and decide election cases. (e.g.
COMELEC)
B. AS TO TITLE OR DESIGNATION
1. AGENCY – refers to any of the various units of the
Government including departments, bureaus, offices,
instrumentalities, GOCCs, local government unit or a
distinct unit therein.
2. DEPARTMENT – an executive department created
by law. It includes any instrumentality as having the
rank of a department, regardless of its designation.
3. BUREAU – it is a principal subdivision of a
department. It includes any instrumentality as having
the rank of a bureau, regardless of its designation.
4. OFFICE – refers to any major functional unit of a
department or bureau, including regional offices. It
may also refer to any position held or occupied by
individual persons, whose functions are defined by
law or regulation.
5. INSTRUMENTALITY – any agency of the National
government not integrated within the department
framework with special functions or jurisdiction by
law, endowed with corporate powers, with special
funds, and enjoying operational autonomy usually
through a charter. It includes regulatory agencies,
chartered institutions, and GOCCs.
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a. REGULATORY AGENCY – any agency
expressly vested with jurisdiction to regulate,
administer, or adjudicate matters affecting the
substantial rights and interests of private
persons. Its principal powers are exercised by a
collective body such as a commission, board, or
council.
b. GOVERNMENT OWNED or CONTROLLED
CORPORATION – any agency organized as a
stock or non-stock corporation vested with
functions related to public needs, whether
governmental or proprietary in nature, and
owned by the government directly or through its
instrumentalities either wholly or, in the case of
stock corporations, at least a majority (51%) of its
capital stock must be owned by the government.
(People v. Morales, G.R. No. 166355, May 30, 2011)
POWERS OF ADMINISTRATIVE AGENCIES
Power vs. Function
Power Function
Means by which a That which one is bound
function is fulfilled. or is one’s business to
do.
ADMINISTRATIVE FUNCTION – those functions which
involve the regulation and control over the conduct and affairs
of individuals for their own welfare, and the promulgation of
rules and regulations to better carry out the policy of the
legislature or the policies that devolve upon administrative
agencies by the laws creating them. (In re: Rodolfo U. Manzano,
Adm. Matter No. 88-7-1861-RTC, October 5, 1988)
EXPRESS AND IMPLIED POWERS
Express vs. Implied Powers
Express Implied
Jurisdiction and powers Jurisdiction and powers
conferred expressly by necessary for the
the Constitution or by effective exercise of
law. express powers.
DOCTRINE OF NECESSARY IMPLICATION – All powers
necessary for the effective exercise of express powers are
deemed impliedly granted.
An express grant of power to formulate implementing rules and
regulations carries with it the implied power to amend, modify,
alter, or repeal them. (Yazaki Torres Manufacturing v. CA, G.R.
No. 130584, June 27, 2006)
POWERS OF ADMINISTRATIVE AGENCIES
1. Quasi-legislative or rule-making powers;
2. Quasi-judicial or adjudicatory powers;
3. Investigatory or inquisitorial powers.
QUASI-LEGISLATIVE POWERS
QUASI-LEGISLATIVE POWERS – it is also known as the
power of subordinate legislation. It is the power of
administrative agencies to issue rules and regulations intended
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to implement the law and legislative policy fixed by the
legislature. It necessarily includes the power to amend, revise,
alter, or repeal such rules and regulations.
DOCTRINE OF SUBORDINATE LEGISLATION – the power
of administrative officials to promulgate rules and regulations
in the implementation of a statute is necessarily limited only to
carrying into effect what is provided in the legislative
enactment. A regulation that goes beyond the source of the
statute may be declared as void. (Fort Bonifacio Development
Corporation v. CIR, G.R. Nos. 158885 and 170680, October 2, 2009)
LEGISLATIVE vs. QUASI-LEGISLATIVE POWER
Legislative Power vs. Quasi-legislative Power
Legislative Quasi-legislative
Power of the legislative Power of administrative
body to make laws and agencies to issue rules
to fix a legislative policy. and regulations
It cannot be delegated by intended to implement
the legislature to the the law and legislative
administrative agencies. policy fixed by the
legislature.
KINDS OF ADMINISTRATIVE RULES AND
REGULATIONS
1. LEGISLATIVE RULES – are in the nature of
subordinate legislation and are designed to
implement a primary legislation by providing the
details thereof. They usually implement an existing
law, imposing general or extra-statutory obligations
pursuant to the authority delegated to it by Congress.
2. INTERPRETATIVE RULES – are intended to
interpret, clarify, or explain existing statutory
regulations under which the administrative body
operates. Their purpose is merely to construe the
statute being administered.
3. CONTINGENT RULES – those issued by an
administrative authority based on the existence of
certain facts or things upon which the enforcement of
a law depends.
LEGISLATIVE vs. INTERPRETATIVE RULES
Legislative vs. Interpretative Rules
Legislative Interpretative
As to purpose
Implement and provide Merely clarifies the
details in the law. statute being
administered.
As to effect
Have the force and effect Only advisory because
of law. the courts have the final
say in interpreting the
statute.
As to nature
It is an express power It is an implied power
because it is issued because it is issued as an
pursuant to a valid incident of the
delegation of legislative administrative body’s
power.
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power to enforce the
law.
As to the publication requirement
Must be published. Need not be published.
REQUISITES FOR A VALID ADMINISTRATIVE
REGULATION
1. Issued under authority of law.
There must be a valid delegation of legislative power.
TESTS OF VALID DELEGATION
a. COMPLETENESS TEST – the law must be complete
in all its terms and conditions when it leaves the
legislature so that when it reaches the delegate, the
delegate will have nothing to do but enforce it. (U.S.
v. Ang Tang Ho, G.R. No. 17122, February 27, 1922)
b. SUFFICIENT STANDARD TEST – the law must
offer a sufficient standard to specify the limits of the
delegate’s authority, announce the legislative policy,
and specify the conditions under which it is to be
implemented.
2. Within the scope and purview of legislative
authority.
The regulation must be germane to the purposes of the law.
It must not contradict but must conform to the standards
prescribed by law. (Public Schools District Supervisors
Association v. De Jesus, G.R. No. 157299, June 19, 2006)
3. Promulgated in accordance with the prescribed
procedure.
There must be notice, hearing, and publication.
AS TO NOTICE AND HEARING
GENERAL RULE: Notice and hearing is not required.
EXCEPTIONS:
a. When the legislature itself requires it and mandates
that the regulation shall first require the
ascertainment of facts as determined from an
appropriate investigation;
b. When the regulation is a settlement of a controversy
between specific parties since it is considered as
administrative adjudication;
c. The administrative regulation is in the nature of a
subordinate legislation designed to implement a law
by providing its details; (CIR v. CA, G.R. No. 119761,
August 29, 1996)
d. When the administrative rule substantially increases
the burden of the governed; (CIR v. M.J. Lhuillier
Pawnshop Inc., G.R. No. 150947)
e. If the regulations are prescribed in the exercise of
quasi-judicial functions. (Philippine Consumers
Foundation v. Sec. of Education, Culture, and Sports, G.R.
No. 78385, August 31, 1987)
AS TO PUBLICATION
GENERAL RULE: Administrative rules and regulations
must be published in order to be effective. (Tañada v.
Tuvera, G.R. No. L-63915, December 29, 1986)
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EXCEPTIONS:
a. Interpretative rules and regulations;
b. When the regulation is merely internal in nature;
c. Letters of instruction issued by an administrative
agency concerning rules and guidelines to be
followed by subordinates in the performance of their
duties. (Association of Southern Tagalog Electric
Cooperatives, Inc. v. Energy Regulatory Commission, G.R.
No. 192117, September 18, 2012)
d. Department orders addressed only to institutions
under their supervision. (Balbuna v. Sec. of Education,
G.R. No. L-14283, November 29, 1960)
ADDITIONAL PUBLICATION REQUIREMENTS
a. Administrative issuances which are not published or
filed with the Office of the National Administrative
Register at the UP Law Center are ineffective and may
not be enforced.
b. The effectivity of administrative rules and regulations
is 15 days after publication and not 15 days from the
date of filing with the UP Law Center. (Republic v.
Express Telecommunications, G.R. No. 147096, January
15, 2002)
4. It must be reasonable.
It must not be arbitrary and capricious. Reasonableness
depends on the reason or the purpose for which a
regulation is issued.
STANDARDS OF REASONABLENESS:
a. Lawful subject – must involve public welfare;
b. Lawful means – must not be arbitrary.
REQUISITES FOR A VALID ADMINISTRATIVE
REGULATION WITH PENAL SANCTIONS
1. The law itself must declare as punishable the
violation of an administrative rule or regulation;
2. The law itself must fix a penalty therefore;
3. The administrative rule and regulation must be
published in full.
QUASI-JUDICIAL POWERS
QUASI-JUDICIAL POWERS – it is the power of the
administrative agency to hear, determine questions of fact,
make findings of facts, and to resolve cases presented to it on
the basis of such findings of facts to which the legislative policy
is to apply, in accordance with the standards laid down by the
law itself.
REASON FOR GRANT OF QUASI-JUDICIAL POWERS
It is justified by the expediency or the need of the government
to respond swiftly and competently to the pressing problems of
the modern world. (C.T. Torres Enterprises, Inc. v. Hibionada, G.R.
No. 80916, November 9, 1990)
REQUISITES FOR THE VALID EXERCISE OF QUASI-
JUDICIAL POWER
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1. Jurisdiction over the subject matter must be
conferred by the law or by the Constitution.
2. Jurisdiction over the person must be properly
acquired by the administrative body.
3. Due process must be observed in the conduct of the
proceeding.
DOCTRINE OF ADHERENCE OF JURISDICTION – also
called the doctrine of continuity of jurisdiction. It means that
when judicial or quasi-judicial body has acquired jurisdiction,
that jurisdiction continues until the judicial or quasi-judicial
body has done all that it can do in the exercise of that jurisdiction
When an administrative body is conferred quasi-judicial
functions, all controversies relating to the subject matter
pertaining to its specialization are deemed to be included within
its jurisdiction. (Tejada v. Homestead Property Corporation, G.R.
No. 79622, September 29, 1989)
SCOPE OF QUASI-JUDICIAL POWER
1. PRESCRIBE RULES OF PROCEDURE – power to
prescribe rules of procedure which are effective until
disapproved by the Supreme Court. (CONST. Art.
VIII, Sec. 5, par. 5)
2. SUBPOENA POWER – power to issue subpoena ad
testificandum and subpoena duces tecum may only be
exercised if allowed by law and only in connection
with the matter the administrative body is authorized
to investigate.
3. CONTEMPT POWER – power to cite in contempt
may only be exercised if expressly granted by law and
only in relation to quasi-judicial functions and not
ministerial functions. (Masangcay v. COMELEC, G.R.
No. L-13827, September 28, 1962)
4. DETERMINATIVE POWER – power of
administrative agencies to better enable them to
exercise their quasi-judicial authority.
a. ENABLING POWERS – powers that permit the
doing of an act which the law undertakes to
regulate and which would be unlawful without
government approval. (e.g. issuance of a driver’s
license by the LTO)
b. DIRECTING POWERS – powers that order the
doing or performance of particular acts to ensure
compliance with the law. They are often
exercised for corrective purposes. (e.g. order of
reinstatement by the NLRC)
i. DISPENSING POWER – allows the
administrative officer to relax the
general operation of a law to an
individual or corporation. (e.g.
exemptions granted by the BIR)
ii. EXAMINING POWER – power to
require the production of books,
papers, the attendance of witnesses,
compelling their testimony, etc. Also
called investigatory power.
iii. SUMMARY POWERS – power to
apply compulsion or force against
persons or property to effectuate a
legal purpose without judicial
warrants to authorize such actions.
(e.g. summary abatement of nuisance per
se)
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c. EQUITABLE POWERS – permits the
administrative tribunal to consider and make a
proper application of the rules of equity. (Cariño
v. CHR, G.R. No. 96681, December 2, 1991)
ADMINISTRATIVE DUE PROCESS
The essence of due process in administrative proceedings is the
opportunity to explain one’s side or seek a reconsideration of
the action or ruling complained of, and to submit any evidence
a party may have in support of his defense. The demands of due
process are sufficiently met when the parties are given the
opportunity to be heard before judgement is rendered. (Lacson
v. Executive Secretaty, G.R. No. 165399, May 30, 2011)
RIGHT TO BE HEARD - “To be heard” does not mean only
verbal arguments in court; one may also be heard through
pleadings. (Casimiro v. Tandog, G.R. 146137, June 8, 2005)
REQUISITES OF ADMINISTRATIVE DUE PROCESS
(RIPE-De-De-know)
1. Right to hearing;
2. Tribunal, body, or any of its judges must act on its
own Independent consideration of the law and the
facts of the controversy and not simply accept the
views of its subordinate;
3. Tribunal must consider the evidence Presented;
4. Evidence must be substantial which means relevant
evidence that a reasonable mind might accept as
adequate to support a conclusion;
5. Decision must have something to support itself;
6. Decision must be based on evidence presented
during hearing or at least contained in the record and
disclose to the parties;
7. Decision must be rendered in a manner that the
parties can know the various issues involved and the
reason for the decision rendered. (Ang Tibay v. CIR,
G.R. No. L-46496, February 27, 1940)
RIGHT AGAISNT SELF-INCRIMINATION – applicable in
administrative proceedings. (Pascual v. Board of Medical
Examiners, G.R. No. L-25018, May 26, 1969)
NOTICE AND HEARING
GENERAL RULE: Notice and hearing is necessary in
administrative proceedings.
EXCEPTIONS:
a. Summary proceedings of distraint and levy upon the
property of a delinquent taxpayer;
b. Grant of provisional authority for increase of rates or
to engage in a particular line of business;
c. Cancellation of passport where no abuse of discretion
is committed;
d. Summary abatement of nuisance per se which affects
safety of persons or property;
e. Preventive suspension of an officer or employee
pending investigation;
f. Grant or revocation of licenses or permits to operate
certain businesses affecting public order or morals;
g. Where the right of notice and hearing has been
previously offered but the right to exercise them had
not been claimed;
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h. Removal of acting or temporary employees; and
i. Application for installation, establishment, or
operation of a radio system.
RULES IN ADMINISTRATIVE APPEAL AND REVIEW
1. Where provided by law, appeal from an
administrative determination may be made to a
higher or superior administrative officer or body.
2. Unless otherwise provided by law or executive order,
an appeal from a final decision of an administrative
agency may be taken to the Department head.
3. If the law that created the agency provides for an
appeal as well as the procedure and the requisites for
taking that appeal, the specific relief provided for in
the law itself can be obtained.
4. If the law does not provide for an appeal or for
judicial relief or review, the questioned decision can
be the subject of judicial review under Rule 65 of the
Rules of Court.
5. By virtue of the President’s power of control, the
President himself or through the Department Head
may affirm, modify, alter, or revers the administrative
decision of a subordinate. (Administrative Order No.
18, Series of 1987)
6. An appellate administrative agency may conduct an
additional hearing in appealed cases if deemed
necessary. (Reyes v. Zamora, G.R. No. L-46732, May 5,
1979)
ADMINISTRATIVE RES JUDICATA – forbids the reopening
of a matter that has already been determined by competent
authority. Decisions and orders of administrative agencies,
rendered pursuant to their quasi-judicial authority, have the
force and binding effect of a final judgement upon their finality.
(Brillantes v. Castro, G.R. No. L-9223, July 30, 1956)
GENERAL RULE: Administrative res judicata only applies to
judicial and quasi-judicial proceedings, not in the exercise of
purely administrative functions. (Montemayor v. Bundalian, G.R.
No. 149335, July 30, 1956)
EXCEPTIONS:
a. Res judicata may not be invoked in labor relations
proceedings. (Nasipit Lumber Company v. NLRC, G.R.
No. 54424, August 31, 1989)
b. When judgement is rendered upon a null contract.
(B.F. Goodrich Philippines, Inc. v. Workmen’s
Compensation Commission, G.R. No. L-38569, March 28,
1988)
INVESTIGATORY POWERS
INVESTIGATORY POWERS – it is the power of an
administrative body to inspect the records and premises and
investigate the activities of persons or entities coming under its
jurisdiction, or to secure or to require the disclosure of
information by means of accounts, records, reports, statements,
testimony of witnesses, production of documents, etc.
SCOPE OF INVESTIGATORY POWERS
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1. Conduct inspection of accounts, records, documents,
and other papers relative to its investigation;
2. Obtain other information which it finds relevant to a
matter being investigated;
3. Issue subpoena and notices;
4. Swear and interrogate witnesses;
5. Inspect premises;
6. Require written answers to questionnaires;
7. Require periodic or special reports;
8. Require the filing of statements.
BASIC PRINCIPLES IN ADMINISTRATIVE
INVESTIGATIONS INITIATED BY COMPLAINT
1. The burden is on the complainant to prove his
allegations which must be supported by substantial
evidence;
2. Findings of facts made therein are to be respected as
long as they are supported by substantial evidence;
3. The administrative decisions/findings can only be set
aside on proof of grave abuse of discretion, fraud, or
error of law.
RIGHT TO COUNSEL IN ADMINISTRATIVE
INVESTIGATIONS IS NOT MANDATORY
The right to counsel in administrative investigations is not
mandatory in because the hearing conducted by the
investigating administrative authority is not part of a criminal
prosecution. (Remolona v. CSC, G.R. No. 137473, August 2, 2001)
TEST TO DETERMINE WHETHER EXERCISE OF POWER
IS INVESTIGATIVE OR ADJUDICATIVE
If the only purpose for investigation is to evaluate the evidence
submitted based on the facts and circumstances presented, and
if the administrative agency is not authorized to make a final
pronouncement affecting the parties, then the exercise of power
is merely investigatory.
The power to investigate does not carry with it the power to
adjudicate. (Cariño v. CHR, G.R. No. 96681, December 2, 1991)
JUDICIAL RECOURSE AND REVIEW
JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS –
an administrative decision may be appealed to the courts of
justice only if the Constitution or the law permits it or if the
issues to be reviewed involve questions of law.
REQUISITES OF JUDICIAL REVIEW OF
ADMINISTRATIVE DECISIONS
1. Finality of the Administrative Action.
The administrative action has already been fully
completed and therefore has become final.
2. Exhaustion of Administrative Remedies.
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE
REMEDIES – where the enabling statute indicates a
procedure for administrative review and provides a
system of administrative appeal or reconsideration, the
courts for reasons of law, comity, and convenience will not
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entertain a case unless available administrative remedies

have been resorted to and the appropriate authorities have
been given the opportunity to act and correct errors
committed in the administrative forum. (Teotics v. Ageda Jr.
G.R. No. 87437, May 29, 1991)

DOCTRINE OF PRIMARY JURISDICTION – courts will

not determine a controversy where the issues for
resolution demand the exercise of sound administrative
discretion requiring the special knowledge, experience,
and services of the administrative tribunal to determine
technical and intricate matters of fact. (Nestle Philippines v.
Uniwide Sales Inc., G.R. No. 87437, May 29, 1991)

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE

REMEDIES vs. DOCTRINE OF PRIMARY JURISDICTION

Doctrine of Exhaustion of Administrative

Remedies vs. Doctrine of Primary Jurisdiction
Exhaustion of Primary Jurisdiction
Administrative
Remedies
As to issues that can be passed upon
It is the administrative Both the court and the
agency that has administrative agency
authority to pass upon has authority to pass
the question raised by upon the question raised
the person resorting to by the person resorting
judicial relief. to judicial relief as an
original matter.

As to jurisdiction to take cognizance of the case

The matter is cognizable The matter is cognizable
in the first instance by in the first instance by
the administrative both the court and the
agency alone. administrative agency.
As to purpose
Control the timing of Determine the proper
judicial relief. tribunal to take
cognizance of the
matter.

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Political Law Constitutional Law I

SUFFRAGE
DEFINITION

The right to vote in the election of officers chosen by the people

and in determination of questions submitted to the people; it
includes election, plebiscite, referendum, initiative and recall.

SCOPE OF SUFFRAGE

(1) ELECTION – the means by which people choose their

officials for definite and fixed periods and to whom they
entrust, for the time being as their representatives, the
exercise of powers of government.
(2) PLEBISCITE – the electoral process by which an initiative
on the Constitution is approved or rejected by the People.
(3) REFERENDUM – the power of the electorate to approve
or reject legislation through an election called for the
purpose.

CLASSES OF REFERENDUM
i. Referendum on statutes
A petition to approve or reject an act or law, or
part thereof, passed by Congress; and

ELECTION LAW ii. Referendum on local law

A petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and
local legislative bodies
(4) INITIATIVE – the process whereby the people directly
propose and enact laws.
(5) RECALL – method by which a public officer may be
removed from office during his tenure or before the
expiration of his term by a vote of the people after
registration of a petition signed by a required percentage
of voters.

KINDS OF ELECTION

(1) REGULAR/GENERAL – one provided by law for election

of officers either nationwide or in certain subdivisions
thereof, after the expiration of the full term of the former
members; participated in by those who possess the right
of suffrage, are not otherwise disqualified by law, and
who are registered voters.
There is a simultaneous conduct of elections for national
and local officials once every 3 years. Under R.A. 7166,
regular elections are held on the 2nd Monday of May.

(2) SPECIAL – one held to fill a vacancy in office before the

expiration of the full term for which the incumbent was
elected.

QUALIFICATION AND DISQUALIFICATION

OF VOTERS
QUALIFICATIONS OF VOTERS

ALL citizens of the Philippines not otherwise disqualified by

law who are:
a. At least eighteen (18) years of age;

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 Political Law
b. Resided in the Philippines for at least one (1) year;
c. Resided in the place wherein they propose to vote for
at least six (6) months immediately preceding the
election.
There is no literacy, property, or other substantive requirement
shall be imposed on the exercise of suffrage (1987 Constitution,
Art. V, Sec. 1).
The age and residence requisites must be complied with on the
day of the election. Any person, who, on the day of registration
may not have reached the required age or period of residence
but who, on the day of the election shall possess such
qualifications, may register as a voter (R.A. 8189, Sec. 9).
In election cases, the Court treats domicile and residence as
synonymous terms. Both import not only an intention to reside
in a fixed place but also personal presence in that place, coupled
with conduct indicative of such intention [Pundaodaya v.
COMELEC (2009)].
DISQUALIFICATIONS OF VOTERS
The following shall be disqualified from voting:
a. Any person who has been sentenced by final judgment to
suffer imprisonment for not less than one year, such
disability not having been removed by plenary pardon or
granted amnesty.
Note: Any person disqualified to vote under this paragraph
shall automatically reacquire the right to vote upon
expiration of five (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, sedition, violation of the anti-subversion
and firearms laws, or any crime against national security,
unless restored to his full civil and political rights in
accordance with law.
Note: Any person disqualified to vote under this
paragraph shall automatically reacquire the right to vote
upon expiration of five (5) years after service of sentence.
c. Insane or incompetent persons as declared by competent
authority. (Sec. 118, B.P. 881, Omnibus Election Code)
REGISTRATION OF VOTERS
REGISTRATION, DEFINITION
The act of accomplishing and filing of a sworn application for
registration by a qualified voter before the election officer of the
city or municipality wherein he resides and including the same
in the book of registered voters upon approval by the Election
Registration Board [Sec. 3a, RA. 8189].
Registration does not confer the right to vote but is a condition
precedent to the exercise of the right [Yra v. Abano (1928)].
REGISTERED VOTER
In order that a qualified elector may vote in any election,
plebiscite or referendum, he must be registered in the
Permanent List of Voters for the city or municipality in which
he resides [Sec. 115, B.P. 881].
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The right to vote is not a natural right but is a right created by
law. Suffrage is a privilege granted by the State to such person
or classes as are most likely to exercise it for the public good
[People v. Corral (1936)].
The State, in the exercise of its inherent police power, may enact
laws to safeguard and regulate the act of voter’s registration for
the ultimate purpose of conducting honest, orderly, and
peaceful election [Akbayan Youth v. COMELEC (2001)].
Biometrics validation requirement is not an unconstitutional
substantive requirement: Even if there is failure to comply
with the biometrics validation of the voter’s registration (under
RA 10367 or the Biometrics Law of 2013), it is not
unconstitutional. The requirement is a “mere aspect of the
registration procedure, of which the State has the right to
reasonable regulate.” [Kabataan Partylist v. COMELEC (2015)].
EFFECT OF TRANSFER OF RESIDENCE
Any person who transfers residence solely by reason of his
occupation, profession or employment in private or public
service, education, etc. shall not be deemed to have lost his
original residence [Asistio v. Aguirre (2010)].
SYSTEM OF CONTINUING REGISTRATION OF VOTERS
PERIOD OF REGISTRATION
GENERAL RULE
Daily. COMELEC allows a continuing system of registration,
conducted daily in the office of the Election Officer during
regular office hours.
EXCEPTION
No registration shall be conducted within:
a. 120 days before a regular election
b. 90 days before a special election [Sec. 8, RA 8189].
A party can file a petition to extend the deadline of the voter’s
registration, provided it is within the 120-day prohibitive period
for the conduct of voter registration under Section 8 of RA 8189.
[Akbayan vs COMELEC (2001)].
MANNER OF REGISTRATION FOR ILLITERATE OR
DISABLED VOTERS
ILLITERATE PERSONS
Registration is with the assistance of the Election Officer or any
member of an accredited citizen’s arms.
PHYSICALLY DISABLED PERSONS
Application for registration may be prepared by:
a. Any relative within the 4th civil degree of
consanguinity or affinity;
b. By the Election Officer; or
c. Any member of an accredited citizen’s arm [Sec. 14,
RA 8189]
ELECTION REGISTRATION BOARDS
There shall be in each city and municipality as many Election
Registration Boards (“ERB”) as there are election officers therein
[Sec. 15, RA 8189].
CHANGE OF RESIDENCE OR ADDRESS
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Change of residence to another city or municipality - The
registered voter may apply with the Election Officer of his new
residence for the transfer of his resignation records. [Sec. 12, RA
8189].
Change of address in the same municipality or city - Voter
shall immediately notify the Election Officer in writing [Sec. 13,
RA 8189].
The trial court has no power to order the change or transfer of
registration from one place of residence to another for it is the
function of the election Registration Board as provided under
Section 12 of R.A. No. 8189 [Domino v. COMELEC (1999)].
REMEDY IN CASE OF APPROVAL/DISAPPROVAL OF
APPLICATION FOR REGISTRATION
A petition for Exclusion or Inclusion, whichever is applicable,
may be filed by the aggrieved party with the MTC of their
respective city or municipality.
DEACTIVATION OF REGISTRATION
DEFINITION
Process of deactivating the registration of certain persons,
removing their registration records from the corresponding
precinct book of voters and placing the same in the inactive file,
properly marked “deactivated” and dated in indelible ink. [R.A.
8189, Sec. 27].
GROUNDS OF DEACTIVATION
(1) Sentenced by final judgment to suffer imprisonment for not
less than 1 year (unless granted a plenary pardon or an
amnesty)
Note: The right to vote is reactivated automatically upon the
expiration of 5 years after the service of sentence as certified
by the clerk of court
(2) Adjudged by final judgment for having committed any
crime involving disloyalty to the duly constituted
government (e.g. rebellion, sedition, violation of the
firearms law) or any crime against national security (unless
restored to full civil and political rights in accordance with
law)
Note: The right to vote is reactivated automatically upon the
expiration of 5 years after the service of sentence as certified
by the clerk of court.
(3) Insane or incompetent persons as declared by competent
authority
(4) Did not vote in 2 successive preceding regular elections
(excluding SK elections)
(5) Registration has been ordered excluded by the Court
(6) Loss of Filipino citizenship [Sec. 27, R.A. 8189]
REACTIVATION OF REGISTRATION
PROCEDURE
Any voter whose registration has been deactivated may file
with the Election Officer a sworn application for reactivation of
his registration in the form of an affidavit stating that the
grounds for the deactivation no longer exist.
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PERIOD
Any time not later than 120 days before a regular election and
90 days before a special election. [R.A. 8189 Sec. 28]
OVERSEAS ABSENTEE VOTER
ABSENTEE VOTING
Process by which qualified citizens of the Philippines abroad
exercise their right to vote. [Sec. 3a, R.A. 9189, The Overseas
Absentee Voting Act]
OVERSEAS ABSENTEE VOTER, DEFINITION
Citizen of the Philippines who is qualified to register and vote
under this Act, not otherwise disqualified by law, who is
abroad on the day of elections. [Sec. 3f, R.A. 9189]
COVERAGE OF THE RIGHT TO VOTE
Elections for president, vice-president, senators and party-list
representatives [Sec. 3f, R.A. 9189]
Note: Registration as an overseas absentee voter shall be done
in person in the Philippine Consulate of Embassy nearest to the
place of residence of the voter. [Sec.5, R.A. 9189]
INCLUSION AND EXCLUSION
PROCEEDINGS
PERIOD FOR FILING THE PETITION FOR INCLUSION
OR EXCLUSION PROCEEDING
The petition for inclusion of voters in the list shall be filed:
 any time
o except one hundred five (105) days prior to a
regular election or seventy-five (75) days prior to
a special election,
 and shall be decided within fifteen (15) days after its
filing. (Sec. 34, R.A. No. 8189)
The petition for exclusion of voters in the list shall be filed:
 any time
o except one hundred (100) days prior to a regular
election or sixty-five (65) days before a special
election,
 and shall be decided within ten (10) days from its
filing. (Sec. 35 R.A. No. 8189)
A challenge to the right to register as a voter may be instituted
by any voter, candidate or representative of a registered
political party. The challenge must be:
a. in writing;
b. specifying the grounds for the objection to register;
c. under oath; and
d. attached to the application, together with the proof of
notice of hearing to the challenger and the applicant.
COURT WITH JURISDICTION OVER INCLUSION AND
EXCLUSION PROCEEDING
ORIGINAL AND EXCLUSIVE JURISDICTION over all cases
of inclusion and exclusion of voters is vested in the Municipal
and Metropolitan Trial Courts (MTC) of their respective cities
or municipalities.
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APPELLATE JURISDICTION is vested with the Regional Trial
Court (RTC). Decisions of the Municipal or Metropolitan Trial
Courts may be appealed by the aggrieved party to the Regional
Trial Court within five (5) days from receipt of notice thereof.
Otherwise, said decision shall become final and executory.
i) The RTC shall decide the appeal within 10 days from
the time it is received
ii) The decision shall immediately become final and
executory
iii) No motion for reconsideration shall be entertained.
(Sec. 33, R.A. 8189)
NO RES JUDICATA
A decision in an exclusion or inclusion proceeding, even if final
and unappealable, does not acquire the nature of res judicata.
Exception: The decision is res judicata as to the right to remain
in the list of voters or for being excluded therefrom for the
particular election in relation to which the proceedings had been
held [Domino v. COMELEC (1999)].
COMMON RULES GOVERNING JUDICIAL
PROCEEDINGS IN MATTER OF INCLUSION,
EXCLUSION AND CORRECTION OF NAMES OF VOTERS
a) It should be filed during office hours
b) Notice of the place date and time of the hearing of the
petition shall be served upon the members of the Board
and the challenged voter upon filing of the petition, using
any of the modes of service:
i. Personal delivery
ii. Registered mail, or
iii. Posting in the bulletin board of city or municipal
hall and in 2 other conspicuous places within the
city of municipality
c) A petition shall refer only to one (1) precinct and implead
the Board as respondents
d) Generally, no costs shall be assessed against any party.
However, the court may order a party to pay the costs and
incidental expenses of the suit should it find that the
application was filed solely to harass the adverse party and
to cause him to incur expenses
e) Any voter, candidate or political party who may be
affected by the proceedings may intervene and present his
evidence
f) The decision shall be based on the evidence presented and
in no case rendered upon a stipulation of facts.
i. If the question is whether or not the voter is real or
fictitious, his non-appearance on the day set for
hearing shall be prima facie evidence that the
challenged voter is fictitious
g) The petition shall be heard and decided:
i. Within ten (10) days from the date of its filing
ii. Within ten (10) days from receipt of the appeal
iii. In all cases, the court shall decide these petitions not
later than fifteen (15) days before the election and
the decision shall become final and executor (Sec.
32, R.A. No. 8189)
POLITICAL PARTIES
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POLITICAL PARTY; DEFINITION
An organized group of citizens advocating an ideology or
platform, principles and policies for the general conduct of
government and which, as the most immediate means of
securing their adoption, regularly nominates certain of its
leaders and members as candidates for public office [Sec. 60, BP
881 and Sec. 3(c) of RA 7941].
PARTY
Either a political party or a sectoral party or a coalition of
parties [Sec. 3(b), RA 7941, Party-List System Act].
KINDS OF POLITICAL PARTIES
(1) NATIONAL PARTY - constituency is spread over the
geographical territory of at least a majority of the regions.
(2) REGIONAL PARTY - constituency is spread over the
geographical territory of at least a majority of the cities
and provinces comprising the region.
(3) SECTORAL PARTY – organized group of citizens
belonging to any of the following sectors: labor, peasant,
fisherfolk, urban poor, indigenous cultural communities,
elderly, handicapped, women, youth, veterans, overseas
workers and professionals whose principal advocacy
pertains to the special interests and concerns of their
sector.
Note: The enumeration of marginalized and under-
represented sectors is not exclusive. The crucial element is
not whether a sector is specifically enumerated, but
whether a particular organization complies with the
requirements of the Constitution and RA 7941 [Ang Ladlad
LGBT Party v. COMELEC (2010)].
PARTY-LIST SYSTEM
Mechanism of proportional representation in the election of
representatives to the House of Representatives from national,
regional and sectoral parties or organizations or coalitions
registered with the COMELEC [Sec. 3(a), RA 7941].
SECTORAL ORGANIZATION
Group of citizens or a coalition of groups of citizens who share
similar physical attributes or characteristics, employment,
interests or concerns.
COALITION
An aggrupation of duly registered national, regional, sectoral
parties or organizations for political and/or election purposes
[Sec. 3, R.A. 7941, Party-List System Act].
JURISDICTION OF THE COMELEC OVER POLITICAL
PARTIES
(1) Registration:

a. Of Political Parties as provided in Sec. 60, BP 881
b. Of party-lists as provided in Secs. 5-7, R.A. 7941
(Party-List System Act,).
(2) Resolution of Intra-Party Disputes:
“[T]he COMELEC’s powers and functions under
Section 2, Article IX-C of the Constitution, "include
the ascertainment of the identity of the political party
and its legitimate officers responsible for its acts."
[T]he COMELEC’s power to register political parties
necessarily involved the determination of the persons
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who must act on its behalf. Thus, the COMELEC may
resolve an intra-party leadership dispute, in a proper
case brought before it, as an incident of its power to
register political parties.” [Atienza v. COMELEC,
(2010)].
ENTITIES WHICH CANNOT BE REGISTERED AS
POLITICAL PARTIES
(1) Religious denominations and sects
(2) Groups which seek to achieve their goals through
violence or unlawful means
(3) Entities which refuse to uphold and adhere to the
Constitution
(4) Associations supported by foreign governments [Art.
IX-C, Sec. 2 (5), Constitution]
PURPOSE OF REGISTRATION
(1) To acquire juridical personality
(2) To entitle it to rights and privileges granted to
political parties
(3) To participate in the party-list system
GROUNDS FOR REFUSAL/CANCELLATION OF
REGISTRATION
The COMELEC may, motu propio or upon verified complaint of
any interested party, refuse or cancel, after due notice and
hearing, the registration of any national, regional or sectoral
party, organization or coalition on any of the following grounds:
a. Religious sect or denomination, organization or
association, organized for religious purposes
b. Those advocating violence or unlawful means to seek
its goal
c. Foreign party or organization
d. Those receiving support from any foreign government,
foreign political party, foundation, organization,
whether directly or through any of its officers or
members or indirectly through third parties for partisan
election purposes
e. Those which violate or fail to comply with laws, rules
or regulations relating to elections
f. Those which declare untruthful statements in its
petition
g. Those which ceased to exist for at least one (1) year
h. Those which fail to participate in the last two (2)
preceding elections or
i. Those which fails to obtain at least 2% of the votes cast
under the party-list system in the two (2) preceding
elections for the constituency in which it has registered
[Sec. 6, R.A. 7941]
EFFECT OF CHANGE OF PARTY LIST AFFILIATION
Any elected party-list representative who changes his political
party or sectoral affiliation during his term of office shall forfeit
his seat within six (6) months before an election shall not be
eligible for nomination as party-list representative under his
new party or organization [Sec. 15, R.A. 7941].
SEAT ALLOCATION
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The combined number of all party-list congressmen shall not
exceed 20% of the total membership of the House of
Representatives, including those elected under the party-list.
Only those parties garnering a minimum of 2% of the total votes
cast for the party-list system shall be entitled to one guaranteed
seat each.
Each party, regardless of the number of votes it actually
obtained, is entitled to a maximum of three (3) seats [Banat v.
COMELEC {2009)].
RULES ON THE COMPUTATION OF THE SEATS
Step 1: Compute the total number of seats allocated for
party-list representatives

Step 2: Rank all party-list candidates based on the
number of votes they garnered from highest to lowest
Step 3: Compute for each party-list candidate’s
percentage of votes garnered in relation to the total
number of votes cast for party-list candidates.
Step 4: First – Allocate 1 seat each for party-list that
garnered at least 2% of the total number of votes.

Step 5: Second – Assign additional seats from the
balance by: (a) Allocating 1 seat for every whole integer
then (b) Allocating the remaining seats (i.e. total seats
minus Round 1 and Round 2a allocations) to those next
in rank until all seats are completely distributed.
Step 6: A maximum of 3 seats per political party is
allowed. Apply if necessary.
[BANAT v. COMELEC, supra]
CANDIDACY
CANDIDATE, DEFINITION
Any person who files his certificate of candidacy within
prescribed period shall only be considered as a candidate at the
start of the campaign period for which he filed his certificate of
candidacy [Sec. 15, R.A. 9369].
A. QUALIFICATIONS OF CANDIDATES
Qualifications prescribed by law are continuing requirements
and must be possessed for the duration of the officer's active
tenure [Labo v. COMELEC (1989)].
QUALIFICATIONS TO RUN FOR PRESIDENT AND VICE-
PRESIDENT
(1) Natural-born citizen of the Philippines
(2) Registered voter
(3) Able to read and writer
(4) At least 40 years of age at the day of election
(5) Resident of the Philippines for at least 10 years
immediately preceding such election (Sec. 63,
Omnibus Election Code)
QUALIFICATIONS TO RUN FOR SENATOR
(1) Natural-born citizen of the Philippines
(2) Registered voter
(3) Able to read and write
(4) At least 35 years of age at the day of election
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(5) Resident of the Philippines for at least 2 years
immediately preceding such election
QUALIFICATIONS TO RUN TO BE A MEMBER OF THE
HOUSE OF REPRESENTATIVES
(1) Natural-born citizen of the Philippines
(2) Registered Voter
(3) Able to read and write
(4) At least 25 years of age at the day of the election
(5) Resident of the same district for a period of not less
than 1 year immediately preceding such election.
QUALIFICATIONS TO RUN TO BE A LOCAL ELECTIVE
OFFICIAL
(1) Must be a citizen of the Philippines
(2) A registered voter in the barangay, municipality, city,
or province, or in the case of a member of the
sangguniang panlalawigan, panglungsod or bayan, the
district where he intends to be elected
(3) Able to read and write Filipino or any other local
language or dialect (Sec. 39, R.A. No. 7160 Local
Government Code)
(4) On the day of the election must at least be:
a. 23 years of age for Governors, Vice Governors,
Members of the Sangguniang Panlalawigan,
mayor, vice mayor and member of the
sangguniang panglungsod ng Highly
Urbanized City
b. 21 years of age for mayors or vice mayors of
ICC, CC or municipalities
c. 18 years of age for members of the
sangguniang panlungsod, or bayan or punong
baranggay or members of the sangguniang
d. 15 but not more than 18 years of age for
Sangguniang Kabataan
(5) Resident therein for at least 1 year immediately
preceding the day of election.
A. FILING OF CERTIFICATES OF CANDIDACY
EFFECT OF FILING
FOR APPOINTIVE OFFICIALS
Any person holding an appointive office or position, including
active members of the Armed Forces of the Philippines, and
officers and employees in GOCCs, shall be considered ipso facto
resigned from his office upon the filing of his certificate of
candidacy. Such resignation is irrevocable. (Sec. 66, Omnibus
Election Code)
FOR ELECTIVE OFFICIALS
Elective officials, upon the filing of his certificate of candidacy,
shall not be considered resigned for the same or any other
elective office or position. (Sec. 4, Comelec Resolution No. 8678,
Guidelines on the Filing of Certificates of Candidacy and Nomination
of Official Candidates of Registered Political Parties in Connection
with the May 10, 2010 National and Local Elections)
SUBSTITUTION IN CASE OF DEATH, WITHDRAWAL
AND DISQUALIFICATION
GROUNDS
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Constitutional Law I
If after the last day for filing of candidacy, an official candidate
of a registered political party
(a) dies,
(b) withdraws or
(c) is disqualified for any cause,
He may be substituted by a candidate belonging to and
nominated by the same political party.
LIMITATION
If candidate belongs to a political party:
 ONLY a person belonging to, and certified by, the same
political party may file a certificate of candidacy to
replace the candidate who died, withdrew or was
disqualified.
 The substitute candidate nominated by the political
party concerned may file his certificate of candidacy for
the office affected in accordance with the preceding
sections not later than mid-day of the day of the
election.
 If candidate does not belong to a political party.
PERIOD
Before the election and mid-day of Election Day:
Certificate may be filed:
1. with any board of election inspectors in the political
subdivision where he is a candidate, or,
2. With the COMELEC, in the case of candidates to be
voted for by the entire electorate of the country.
MINISTERIAL DUTY OF COMELEC TO RECEIVE
CERTIFICATE
GENERAL RULE
The COMELEC shall have the ministerial duty to receive and
acknowledge receipt of the certificates of candidacy provided
said certificates are:
(1) under oath;
(2) contains all the required data and
(3) in the form prescribed by the Commission.
EXCEPTION
COMELEC may go beyond the face of the certificate of
candidacy of –
(1) Nuisance candidates
(2) Petition to deny due course to or cancel a certificate of
candidacy
Note:
 While the COMELEC may look into patent defects in the
certificate, it may not go into matters not appearing on
their face [Abcede v. Imperial, (1958)].
 Even without a petition to deny course to or cancel a
certificate of candidacy, the COMELEC is under a legal
duty to cancel the CoC of anyone suffering from the
accessory penalty of perpetual special disqualification to
run for public office by virtue of a final judgment of
conviction. [Jalosjos v. COMELEC,(2012)].
 The final judgment of conviction is notice to the
COMELEC of the disqualification of the convict from
running for public office. [Ibid].
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NUISANCE CANDIDATE
DEFINITION
A nuisance candidate is one who:
a. Puts the election process in mockery or disrepute; or
b. Causes confusion among the voters by the similarity of
the names of the registered candidates, or
c. Clearly demonstrates that he/she has no bona fide
intention to run for the office which the certificate of
candidacy has been filed, and thus prevents a faithful
determination of the true will of the electorate. (Sec.69,
Omnibus Election Code)
WHO can file - Candidate for the same elective position.
WHEN to file - within five (5) days from deadline/last day of
filing Certificate of Candidacy
GROUND FOR DENYING AND CANCELLING A
CERTIFICATE OF CANDIDACY
A verified petition seeking to deny due course or to cancel a
certificate of candidacy may be filed by the person exclusively
on the ground of falsity in any material representation
contained therein (Sec 78, Omnibus Election Code)
FILING OF PETITION FOR DENIAL AND
CANCELLATION OF CERTIFICATE OF CANDIDACY
The petition may be filed at any time not later than 25 days from
the time of the filing of the certificate of candidacy and shall be
decided, after due notice and hearing, not later than 15 days
before the election.
DISQUALIFICATIONS OF CANDIDATES
The following shall be disqualified from registering:
(1) Sentenced by final judgment to suffer imprisonment for
not less than 1 year (unless granted a plenary pardon or
an amnesty) shall automatically reacquire right to vote
upon the expiration of 5 years after the service of sentence;
(2) Adjudged by final judgment for having committed any
crime involving disloyalty to the duly constituted
government (e.g. rebellion, sedition, violation of the
firearms law) or any crime against national security
(unless restored to full civil and political rights in
accordance with law) shall automatically reacquire the
right to vote upon the expiration of 5 years after the
service of sentence; or 
 EXCEPTION
(3) Insane or incompetent persons as declared by competent
authority. [Sec. 11, R.A. 8189, Voter’s Registration Act of
1996] 
 commencement of the campaign period and 45 days for
EFFECTS OF DISQUALIFICATION
Judgement Before Election - Any candidate who has been
declared by final judgment to be disqualified shall not be voted
for, and all votes cast for him shall not be counted. (Section 72,
Omnibus Election Code)
Judgement After Election - A candidate who is not declared by
final judgment before an election to be disqualified may be
voted for and may receive the winning number of votes in such
election and his violation of the provisions of the preceding
sections shall not prevent his proclamation and assumption to
office.
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WITHDRAWAL OF CANDIDACY
A person who has filed a certificate of candidacy may, prior to
the election, withdraw the same by submitting to the office
concerned a written declaration under oath. (Section 73, Omnibus
Election Code)
EFFECT OF WITHDRAWAL
(1) If a candidate files a certificate of candidacy for more than
1 office, he shall not be eligible for any of them. However,
he may declare under oath the office for which he desires
to be eligible and cancel the certificate of candidacy for the
other office or offices provided that this is done before the
expiration of the period for the filing of certificates of
candidacy. (Sec. 73, BP 881)
(2) The filing of the withdrawal shall not affect whatever
civil, criminal, or administrative liabilities which a
candidate may have incurred. (Sec. 73, BP 881)
CAMPAIGN
PREMATURE CAMPAIGN
“Any person who files his certificate of candidacy within this
period shall only be considered as a candidate at the start of the
campaign period for which he filed his certificate of candidacy:
Provided, that, unlawful acts or omissions applicable to a
candidate shall take effect only upon that start of the aforesaid
campaign period.” [Panera v. COMELEC (2009)].
Note:
 Simple RULE: NO Certificate of Candidacy filed, NOT yet
a candidate – THUS NO premature campaigning.
 A candidate is liable for an election offense only for acts
done during the campaign period, not before. [Panera v.
COMELEC (2009)].
GENERAL RULE
It shall be unlawful for any person, whether or not a voter or
candidate, or for any party, or association of persons, to engage
in an election campaign or partisan political activity except
during the campaign period.
Political parties may hold political conventions or meetings to
nominate their official candidates within 30 days before the
Presidential and Vice Presidential election.
PROHIBITED CONTRIBUTIONS
No contribution for purposes of partisan political activity shall
be made directly or indirectly by any of the following (Sec. 95,
Omnibus Election Code) :
i. General Rule: Public or private financial institutions
Exception: public or private financial institutions legally
in the business of lending money are not prohibited from
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making any loan to a candidate or political party by any
such, if the same is made in accordance with laws and
regulations and in the ordinary course of business;
ii. Natural and juridical persons operating a public utility or
in possession of or exploiting any natural resources of the
nation;
iii. Natural and juridical persons who hold contracts or sub-
contracts to supply the government or any of its
divisions, subdivisions or instrumentalities, with goods
or services or to perform construction or other works;
iv. Natural and juridical persons who have been granted
franchises, incentives, exemptions, allocations or similar
privileges or concessions by the government or any of its
divisions, subdivisions or instrumentalities, including
government-owned or controlled corporations;
v. Natural and juridical persons who:
a. within one year prior to the date of the election,
b. have been granted loans or accommodations in
excess of P100,000 by the government or any of its
divisions, subdivisions or instrumentalities
including government-owned or controlled
corporations;
vi. Educational institutions which have received grants of
public funds amounting to no less than P100,000.00;
vii. Officials or employees in the Civil Service, or members of
the Armed Forces of the Philippines; and
viii. Foreigners and foreign corporations
PROHIBITED DONATIONS
4.
For any person or organization, civic or religious, directly or
indirectly, to solicit and/or accept from any candidate or from
his campaign manager, agent or representative, or any person
acting in their behalf, any gift, food, transportation, contribution
or donation in cash or in kind from the start of the election
period up to and including election day
REQUISITES OF A PROHIBITED DONATION
1. Who: By candidate, spouse, relative within 2nd civil
degree of consanguinity or affinity, campaign manager,
agent or representative; treasurers, agents or
representatives of political party
2. When: During campaign period, day before and day of
the election
Directly or indirectly:
1. Donation, contribution or gift in cash or in kind; or
2. Undertake or contribute to the construction or
repair of roads, bridges, school buses, puericulture
(health) centers, medical clinics and hospitals,
churches or chapels cement pavements, or any
structure for public use or for the use of any
religious or civic organization.
Exceptions:
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1. Normal and customary religious dues or
contributions; or
2. Periodic payments for legitimate scholarships
established and school contributions [Sec. 97, B.P.
881]
LAWFUL ELECTION PROPAGANDA
Includes:
1. Pamphlets, leaflets, cards, decals, stickers or other written
or printed materials
Allowable size: Not more than eight and one-half inches
in width and fourteen inches in length
2. Handwritten or printed letters urging voters to vote for or
against any particular candidate:
3. Cloth, paper or cardboard posters, whether framed or
posted,
Allowable size:
General Rule: area not exceeding two feet by three feet.
Exception: not exceeding three feet by eight feet in size
at the site and on the occasion of a public meeting or
rally, or in announcing the holding of said meeting or
rally, streamers
Note: Said streamers may not be displayed except 1 week
before the date of the meeting or rally and that it shall be
removed within 72 hours after said meeting or rally.
Paid advertisements in print or broadcast media. Such
advertisements must comply with the following
requirements:
a. Any published or printed political matter and any
broadcast of election propaganda by TV or radio for
or against a candidate or group of candidates to any
public office shall bear and be identified by the
reasonably legible or audible words “political
advertisement paid for” followed by the true and
correct name and address of the candidate or party
for whose benefit the election propaganda was
printed or aired. (Sec. 4.1, R.A. 9006)
b. If the broadcast is given free of charge by the radio
or TV station, it shall be identified by the words
"airtime for this broadcast was provided free of
charge by" followed by the true and correct name
and address of the broadcast entity. (Sec. 4.2, R.A.
9006)
c. Print, broadcast or outdoor advertisements donated
to the candidate or political party shall not be
printed, published, broadcast or exhibited without
the written acceptance by the said candidate or
political party. Such written acceptance must be
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attached to the advertising contract and submitted
to the COMELEC within 5 days after its signing.
5. All other forms of election propaganda not prohibited by
this Code as the Commission may authorize after due
notice to all interested parties and hearing where all the
interested parties were given an equal opportunity to be
heard:
Requirement: That the Commission's authorization
shall be published in two newspapers of general
circulation throughout the nation for at least twice
within one week after the authorization has been
granted. (Sec. 92, Omnibus Election Code)
Any published or printed political matter for or against a
candidate or group of candidates to any public office shall bear
and be identified by the words "paid for by" followed by the true
and correct name and address of the payor and by the words
"printed by" followed by the true and correct name and address
of the printer. (Sec. 84, Omnibus Election Code)
UNLAWFUL ELECTION PROPAGANDA
It shall be unlawful:
1. To print, publish, post or distribute any poster, pamphlet,
circular, handbill, or printed matter urging voters to vote
for or against any candidate unless they bear the names
and addresses of the printer and payor as required in
Section 84 hereof;
2. To erect, put up, make use of, attach, float or display any
billboard, tinplate-poster, balloons and the like, of
whatever size, shape, form or kind, advertising for or
against any candidate or political party;
3. To purchase, manufacture, request, distribute or accept
electoral propaganda gadgets, such as pens, lighters, fans
of whatever nature, flashlights, athletic goods or
materials, wallets, shirts, hats, bandanas, matches,
cigarettes and the like, except that campaign supporters
accompanying a candidate shall be allowed to wear hats
and/or shirts or T-shirts advertising a candidate;
To show or display publicly any advertisement or
4.
propaganda for or against any candidate by means of
cinematography, audio-visual units or other screen
projections except telecasts which may be allowed as
hereinafter provided; and
5. For any radio broadcasting or television station to sell or
give free of charge airtime for campaign and other
political purposes except as authorized in this Code under
the rules and regulations promulgated by the
Commission pursuant thereto. (Sec. 85,BP 881)
LIMITATIONS ON EXPENSES
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Constitutional Law I
The aggregate amount that a candidate or registered political
party may spend for an election campaign shall be as follows:
For Candidates
1. President and Vice-President
- P10 for every voter currently registered
2. Other Candidates
- P3 for every voter current registered in the
constituency where he filed his certificate of
candidacy
3. Candidates Without a Political Party
- P5 for every voter
For Political Parties
- P5 for every voter currently registered in the
constituency or constituencies where it has official
candidates (Sec. 13, R.A. 7166)
STATEMENT OF CONTRIBUTIONS
DUTY TO FILE
Every candidate and the treasurer of the political party must file
with the COMELEC:
1. duplicate copies of the full, true and itemized statement
of all contributions and expenditures
2. within 30 days after election day
DUTY OF ELECTION REGISTRAR
It is the duty of the city or municipal election registrar to advise
in writing, either by personal delivery or by registered mail,
within 5 days from the election date, all candidates to comply
with the obligation to file their statements. (Sec 14, RA 7166)
FORMS OF STATEMENT
The statement shall be:
1. in writing, subscribed and
2. sworn to by the candidate or by the treasurer of the
party,
3. complete as of the date next preceding the date of
filing (Sec. 109, Omnibus Election Code)
CONTENTS OF STATEMENT
It shall set forth in detail the following:
1. the amount of contribution, date of receipt, and the
full name and exact address of the person from whom
the contribution was received
2. the amount of every expenditure, the date thereof, the
full name and exact address of the person to whom
payment was made, and the purpose of the
expenditure
3. any unpaid obligation, its nature and amount, and to
whom said obligation is owing; and
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4. such other particulars which the COMELEC may
require.
5. If the candidate or treasurer of the party has received
no contribution, made no expenditure, or has no
pending obligation, the statement shall reflect such
fact (Sec. 109, Omnibus Election Code)
PLACE OF FILING STATEMENT
Statements of contributions and expenditures shall be filed as
follows:
1. With the COMELEC: Presidential and Vice-Presidential
candidates
General Rule: Provincial Election Supervisor: for
candidates of being Members of the Batasang Pambansa
Exception: Regional Election Director of said region: for
candidates in the National Capital Region.
2. Provincial Election Supervisor: for candidates of
provincial offices.
EFFECT OF FAILURE TO FILE
GENERAL RULE
No person elected to any public office shall enter upon the
duties of his office until he has filed the statement of
contributions and expenditures. (Sec. 14, R.A. 7166) The same
prohibition also applies if the political party of the winning
candidate fails to file the statement within the required period
ADMINISTRATIVE FINES
Failure to file the required statements or reports constitutes an
administrative offense.
Offenders are liable to pay an administrative fine ranging from
P 1,000.00 to P 30,000.00 to be paid within 30 days from receipt
of notice of such failure; otherwise, the COMELEC shall enforce
the same by issuing a writ of execution against the properties of
the offender.
The commission of a second or subsequent offense under this
section subjects the offender to an increased fine ranging from P
2,000.00 to P 60,000.00, and to a perpetual disqualification to
hold office. (Sec. 14, RA 7166)
EXCEPTION
Candidates for elective barangay office.
BOARD OF ELECTION INSPECTORS AND
BOARD
At least 30 days OFdate
before the CANVASSERS
when the voters list is to be
prepared, in the case of a regular election or 15 days before a
special election, the COMELEC shall, directly or through its
duly authorized representatives, constitute a board of election
inspectors for each precinct.
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Constitutional Law I
COMPOSITION OF ELECTION INSPECTORS
The Board of Election Inspectors is composed of three (3)
persons, namely:
1. Chairman
2. Poll clerk
3. Member
GENERAL RULE
The entire Board shall be composed of public school teachers,
priority to be given to those with permanent appointments. (Sec.
164, BP 881, as amended by Sec. 13, R.A. 6646)
EXCEPTION
In case there are not enough public school teachers, the
following may be appointed for election duty:
(1) Teachers in private schools;
(2) Employees in the civil service; or
(3) Other citizens of known probity and competence who are
registered voters of the city or municipality.
QUALIFICATIONS
(1) Public school teachers
(2) Be of good moral character and irreproachable reputation
(3) A registered voter of the city or municipality
(4) Never been convicted of any election offense or any other
crime punishable by more than 6-month imprisonment
(5) Able to speak and write English or the local dialect
DISQUALIFICATIONS
(1) Must not be related within the 4th civil degree by
consanguinity or affinity to any member of the BEI or to
any candidate to be voted for in the polling places
(2) Must not engage in any partisan political activity
POWERS OF THE BOARD OF ELECTION INSPECTORS
(1) Conduct the voting and counting of votes in their
respective polling places;
(2) Act as deputies of the Commission in the supervision and
control of the election in the polling places wherein they
are assigned, to assure the holding of the same in a free,
orderly and honest manner;
(3) Perform such other functions prescribed by the Omnibus
Election Code or by the rules and regulations
promulgated by the COMELEC
BOARD OF CANVASSERS
COMPOSITION OF BOARD OF CANVASSERS
a. Commission on Elections as National Board of Canvassers.
- For Senators and Party-List Representatives
i. he chairman and members of the Commission on
Election sitting en banc.
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Political Law
ii. It shall canvass the results by consolidating the
certificates of canvass electronically transmitted.
iii. Thereafter, the national board shall proclaim the
winning candidates for senators and party-list
representatives.
b. Congress as National Board of Canvassers.
- President and Vice President
i. The Senate and the House of Representatives in joint
public session shall compose the national board of
canvassers for president and vice-president.
ii. The certificate of canvass for president and vice-
president duly certified by the board of canvassers of
each province or city, shall be
electronically transmitted to the Congress, directed to
the president of the Senate.
iii. Upon receipt of the certificates of canvass, the
President of the Senate shall:
a. open all certificates in the presence of the Senate
and House of Congress upon determination of
the authenticity and due execution, in the
manner provided by law,
b. canvass all the results for president
and vice-president and thereafter
c. proclaim the winning candidates.
d. Period for opening certificates of canvass: not
later than thirty (30) days after the day of the
election,
c. Provincial Board of Canvassers.
i. Chairman- Provincial Election Supervisor or a
senior lawyer in the regional office of the
Commission,
ii. Vice Chairman- Provincial Fiscal
iii. Members
- provincial superintendent of schools, and
- one representative from each of the ruling
party and the dominant opposition political
party in the constituency concerned entitled to
be represented
d. City board of canvassers.
i. Chairman-city election registrar or a lawyer of the
Commission
ii. Members
- the city fiscal and the city superintendent of
schools, and
- one representative from each of the ruling
party and
- the dominant opposition political party
entitled to be represented, as members.
e. District board of canvassers of Metropolitan Manila
i. Chairman- lawyer of the Commission and
ii. Members
- a ranking fiscal in the district and
- the most senior district school supervisor in the
district to be appointed upon consultation with
the Ministry of Justice and the Ministry of
Education, Culture and Sports, respectively, &
- one representative from each of the ruling party
and
- the dominant opposition political party in the
constituency concerned
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Constitutional Law I
f. Municipal board of canvassers.
i. Chairman- the election registrar or a representative
of the Commission
ii. Members
- the municipal treasurer,
- the district supervisor
- or in his absence any public school principal in the
municipality and
- one representative from each of the ruling party
and the dominant opposition political party
entitled to be represented
g. Board of canvassers for newly created political
subdivisions
- the Commission shall constitute a board of
canvassers and appoint the members thereof for
the first election in a newly created province, city
or municipality in case the officials who shall act
as members thereof have not yet assumed their
duties and functions
JURISDICTION OF THE COMELEC OVER BOARD OF
CANVASSERS
(1) COMELEC has direct control and supervision over the
board of canvassers. Any member of the Board may, at
any time, be relieved for cause and substituted motu propio
by the COMELEC. (Sec. 227, B.P. 881)
(2) COMELEC has the power to investigate and act on the
propriety or legality of the canvass of election returns
made by the board of canvassers.
DUTIES OF THE BOARD OF CANVASSERS
(1) To compile and add the results as they appear in the
election returns transmitted to it (Guiao v. COMELEC, 137
SCRA 366).
(2) During the canvass, the Board of Canvassers prepares the
Statement of Voters, which is tabulation per precinct of
the votes obtained by the candidates as reflected in the
election returns.
The Statement of Votes forges the basis of the certificate of
canvass and of the proclamation.
MINISTERIAL DUTIES OF THE BOARD OF CANVASSERS
No irregularities in the election returns: The duty of the Board
in canvassing the votes on the election returns submitted to it
consists in the simple matter of arithmetic. And once the
COMELEC or the board of canvassers is satisfied in the
authenticity of the returns, it has no power to look beyond the
face thereof, and its task of tallying is merely ministerial.
With error in the computation discovered after proclamation:
the board of canvassers can simply correct the error; the remedy
being purely administrative.
QUASI-JUDICIAL DUTIES OF THE BAORD OF
CANVASSERS
The board of canvassers must be satisfied that the election
returns submitted to it are genuine and authentic. Thus, the
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Political Law Constitutional Law I

board of canvassers will not be compelled to canvass the

returns when they are found to be: (1) The Commission may motu proprio or upon a verified
(1) Obviously manufactured; petition of an interested party, refuse to give due course
(2) Contrary to probabilities; to or cancel a certificate of candidacy if the following
(3) Clearly falsified; or situations are extant:
(4) Not legible if it is shown that said certificate has been filed to put the
election process in mockery or disrepute; or
(2) if said certificate was filed to cause confusion among the
PERIOD TO COMPLETE CANVASS voters by the similarity of the names of the registered
candidate; or
(3) if there are other circumstances or acts which clearly
Subject to reasonable exceptions, the Board of Canvassers is demonstrate that the candidate has no bona fide intention
required to complete their canvass within the following to run for the office for which the certificate of candidacy
periods: has been and thus prevent a faithful determination of the
Period to Complete Canvass true will of the electorate
Municipa
36 hours
lities B. DISQUALIFICATION CASES
Cities not
comprisi Procedure for Cancellation of certificate of candidacy
ng at 36 hours Any citizen of voting age, or a duly
least 1 Who may file registered political party, organization, or
legislativ coalition of political parties
e district Any day after the last day for filing of
Cities When filed certificates of candidacy, but not later than
comprisi the date of proclamation
ng at 48 hours With the Law Department of the
least 1 Where filed
COMELEC
legislativ
e district
Provinces 72 hours
EFFECTS OF DISQUALIFICATION

AFTER FINAL JUDGMENT

Any candidate declared by final judgment to be disqualified
REMEDIES AND JURISDICTION IN shall not be voted for, and the votes cast for him shall not be
ELECTION LAW counted.
A. PETITION NOT TO GIVE DUE COURSE TO CANCEL
A CERTIFICATE OF CANDIDACY BEFORE FINAL JUDGMENT
If a candidate is not declared by final judgment before an
election to be disqualified and he is voted for and receives the
GROUNDS FOR FILING winning number of votes in such election, the Court or
Commission shall continue with the trial and hearing of the
action, inquiry, or protest and, upon motion of the complaint or
(1) False material representation in the CoC on any of the any intervenor, may, during the pendency thereof, order the
contents required under Section 74 of the Omnibus suspension of the proclamation of such candidate whenever the
Election Code. evidence of his guilt is strong.
(2) If the certificate filed is a substitute CoC, and it is not a
proper case of substitution under Sec. 77 of BP 881 (Sec. 2, Suspension of proclamation/continuation of hearing: the
Rule 24, COMELEC Rules of Procedure) Commission may legally suspend the proclamation of the
winning candidate even if he received the winning number of
Procedure for Cancellation of certificate of candidacy votes [Labo, Jr. v. COMELEC (1989)].
Any citizen of voting age, or a duly
Who may file registered political party, organization, or Note: The use of the word “may” indicates that the suspension
coalition of political parties is merely permissive. What is mandatory though, under this
Within 25 days from the last day for the provision is the continuation of the trial and hearing of the
When filed filing of certificates of candidacy (Sec. 79, action, inquiry or protest.
Omnibus Election Code)
With the Law Department of the PURPOSE OF DISQUALIFICATION PROCEEDING
Where filed
COMELEC To prevent the candidate from running or, if elected, from
serving, or to prosecute him for violation of the election laws.

CANCELLATION OF CERTIFICATE OF CANDIDACY BY PRINCIPLE OF REJECTION OF SECOND PLACER

THE COMELEC
(NUISANCE CANDIDATE) The fact that the candidate who obtained the highest number of

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Political Law
votes is later declared to be disqualified or not eligible for the
office to which he was elected, does not necessarily entitle the
candidate who obtained the second highest number of votes to
be declared the winner of the elective office.
The candidate obtaining the second highest number of votes for
the contested office could not assume the office despite the
disqualification of the first placer because the second placer was
“not the choice of the sovereign will.” Surely, a minority or
defeated candidate could not be deemed elected to the office.
[Talaga vs. Commission on Elections (2012)]
EXCEPTION TO SECOND-PLACER DOCTRINE
The only time that a second placer is allowed to take the place
of a disqualified winning candidate is when 2 requisites concur,
namely:
(a) the candidate who obtained the highest number of
votes is disqualified; and
(b) the electorate was fully aware in fact and in law of
that candidate’s disqualification as to bring such
awareness within the realm of notoriety but the
electorate still cast the plurality of the votes in favor
of the ineligible candidate.
C. FAILURE OF ELECTION
A special action and the declaration of which falls under the
exclusive jurisdiction of the COMELEC sitting En Banc.
WHEN MAY FAILURE OF ELECTION BE DECLARED
(1) When election in any polling place has not been held on
the date fixed;
(2) When election has been suspended before the hour fixed
by law for the closing of the voting; or
(3) When after the voting and during the preparation
and the transmission of the election returns or in the
custody, or canvass thereof, the same results in a failure
in the election on account of:
b. force majeure,
c. violence,
d. terrorism,
e. fraud or
f. other analogous causes.
(Sec.6, Omnibus Election Code)
REQUISITES FOR DECLARATION OF FAILURE OF
ELECTION
1. No voting has taken place in the precincts concerned on
the date fixed by law, or even if there was voting, the
election nonetheless resulted in a failure to elect; and
2. The votes cast would affect the results of the election.
(Mitmug v. COMELEC, 230 SCRA 54)
CALL OF SPECIAL ELECTION
 For vacancies in the Batasang Pambansa eighteen months
or more before a regular election: the Commission shall call
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Constitutional Law I
a special election to be held within sixty days after the
vacancy occurs to elect the Member to serve the unexpired
term.
 Dissolution of the Batasang Pambansa: The President shall
call an election which shall not be held earlier than forty-
five nor later than sixty days from the date of such
dissolution then the Commission shall send sufficient
copies of its resolution for the holding of the election to its
provincial election supervisors and election registrars for
dissemination, who shall post copies thereof in at least
three conspicuous places preferably where public
meetings are held in each city or municipality affected.
(Sec. 7, Omnibus Election Code)
PROCEDURE FOR FILLING A PETITION TO DECLARE
FAILURE OF ELECTIONS
Petitioner files verified petition with the Law
Department of the COMELEC.
Unless a shorter period is deemed necessary by
circumstances, within 24 hours, the Clerk of Court
concerned serves notices to all interested parties,
indicating therein the date of hearing, through the
fastest means available.
Unless a shorter period is deemed necessary by the
circumstances, within 2 days from receipt of the
notice of hearing, any interested party may file an
opposition with the Law Department of the
COMELEC.
The COMELEC proceeds to hear the petition. The
COMELEC may delegate the hearing of the case and
the reception of evidence to any of its officials who
are members of the Philippine Bar.
The COMELEC then decides whether to grant or
deny the petition. This lies within the exclusive
prerogative of the COMELEC.
D. PRE-PROCLAMATION CONTROVERSY
Refers to any question or matter pertaining to or affecting the
proceedings of the board of canvassers, or any matter raised
under Sec. 233-236 of BP 881 in relation to the preparation,
transmission, receipt, custody and appreciation of the election
returns. [Sec. 241, BP 881].
(1) Delayed, lost or destroyed election returns
(2) Material defects in election returns
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 Political Law
(3) Tampered with, altered or falsified election returns
(4) Discrepancies in election returns
POSITIONS NOT ALLOWED
(1) President
(2) Vice President
(3) Senator
(4) Member of the House of Representatives
(Sec. 15, R.A. 7166)
Note: However, this does not preclude the authority of the
appropriate canvassing body motu propio or upon written
complaint of an interested person to correct manifest errors in
the certificate of canvass or election returns before it.
NATURE OF THE PROCEEDINGS
Summary Proceeding heard summarily by the COMELEC after
due notice and hearing.
Reason: This is because canvass and proclamation should be
delayed as little as possible. Questions which require more
deliberate and necessarily longer consideration are left for
examination in the corresponding election protest [Sison v.
COMELEC (1999)].
Remedy: Parties adversely affected by a ruling of the board of
canvassers may appeal the matter to the Commission within 3
days from a ruling thereon. The Commission shall summarily
decide the case within 5 days from the filling thereof (Sec 19 RA
7166)
ISSUES THAT MAY BE RAISED
Illegal composition or proceedings of the board of election
canvassers
(1) Canvassed election returns are either:
a. incomplete
b. contain material defects
c. appear to be tampered with or falsified
d. contain discrepancies in the same returns or in other
authentic copies
(2) The election returns were:
a. prepared under duress, threats, coercion,
intimidation or
b. obviously manufactured or not authentic
(3) Substituted or fraudulent returns in controverted polling
places were canvassed, the results of which materially
affected the standing of the aggrieved candidate(s)
(4) Manifest errors in the Certificates of Canvass or Election
Returns [Sec. 15, R.A. 7166; Chavez v. COMELEC, 211 SCRA
315].
Note: The enumeration is restrictive and exclusive. The
complete election returns whose authenticity is not questioned
must be prima facie considered valid for purposes of canvass and
proclamation. To allow a re-count or a re-appreciation of the
votes in every instance would paralyze canvass and
Lasallian Commission on Bar Operations 2018
Constitutional Law I
proclamation.
ISSUES THAT CANNOT BE RAISED
Jurisprudence has held that the following issues are not proper
in a pre-proclamation controversy:
(1) Appreciation of ballots, as this is performed by the Board
of Election Inspectors at the precinct level and is not part
of the proceedings of the Board of Canvassers [Sanchez v.
COMELEC, 153 SCRA 67]
(2) Technical examination of the signatures and thumb marks
of voters [Balindong v. COMELEC, 260 SCRA 494; Matalam
v. COMELEC, 271 SCRA 733].
(3) Prayer for re-opening of ballot boxes [Alfonso v. COMELEC
(1994)].
(4) Padding of the Registry List of Voters of a municipality,
massive fraud and terrorism [Ututalum v. COMELEC, 181
SCRA 335].
(5) Challenges directed against the Board of Election
Inspectors [Ututalum v. COMELEC, 181 SCRA 335].
(6) Fraud, terrorism and other illegal electoral practices.
These are properly within the office of election contests
over which electoral tribunals have sole, exclusive
jurisdiction [Loong v. COMELEC].
PROCEDURE
Procedure for filing a pre-proclamation controversy
(a) Questions involving the composition or proceedings of
the board of canvassers, or correction of manifest errors
Where The controversy may be initiated either in the
Board of Canvassers or directly with the
COMELEC [Sec. 17, R.A. 7166].
When It depends
1. If petition involves the illegal composition or
proceedings of the board, it must be filed
immediately when the board begins to act as
such, or at the time of the appointment of the
member whose capacity to sit as such is
objected to if it comes after the canvassing of
the board, or immediately at the point where
the proceedings are or begin to be illegal
[Laodeno v. COMELEC, 276 SCRA 705].
Otherwise, by participating in the
proceedings, the petitioner is deemed to have
acquiesced in the composition of the Board of
Canvassers.
2. If the petition is for correction, it must be filed
not later than 5 days following the date of
proclamation, and must implead all
candidates who may be adversely affected
thereby [Sec. 5(b), Rule 27, COMELEC Rules of
Procedure].
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Political Law
PROCEDURE
If filed with the Board first:
1. Petitioner submits his / her objection to the
chairman of the board of canvassers.
2. The Board makes its ruling.
3. Within 3 days from the ruling, the parties
adversely affected may appeal the matter to the
COMELEC.
4. Upon appeal, the COMELEC shall summarily
decide the case within 5 days from the filing
thereof [Sec. 19, R.A. 7166].
If initiated directly with the COMELEC
1. Petitioner files petition with the COMELEC.
2. Upon the docketing of such petition, the Clerk of
Court concerned shall issue summons with a copy
of the petition to respondents.
3. The Clerk of Court concerned shall immediately
set the petition for hearing. The COMELEC shall
hear and decide the petition en banc.
 The Board of Canvassers shall not commence, proceed
or resume canvass unless otherwise ordered by
COMELEC [Sec. 5, Rule 27, COMELEC Rules of
Procedure].
(b) Matters relating to the preparation, transmission,
receipt, custody and appreciation of the election returns and
certificates of canvass
Where Only with the Board of Canvassers
When At the time the questioned return is presented for
inclusion in the canvass.
Who Any candidate, political party or coalition of
political parties
Procedure
1. The contesting party makes an oral objection to the
chairman of the Board of Canvassers at the time the
questioned return is presented for inclusion in the
canvass. Such objection is recorded in the minutes of
canvass. Simultaneous with the oral objection, the
objecting party enters his objection in the form for
written objections prescribed by the COMELEC.
2. Upon receipt of such objection, the Board automatically
defers the canvass of the contested returns and proceeds
to canvass the returns, which are not contested by any
party.
3. Within 24 hours from and after the presentation of such
objection, the objecting party submits the evidence in
support of the objection, which shall be attached to the
form for written objections.
Within the same 24-hour period, any party may file a
written and verified opposition to the objection in the
prescribed COMELEC form, attaching supporting
evidence, if any. The Board shall not entertain any
objection or opposition unless reduced to writing in the
prescribed forms.
4. The Board chairman immediately and formally admits
the evidence attached to the objection or opposition by
affixing his signature at the back of each and every page
thereof.
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Constitutional Law I
5. Upon receipt of the evidence, the Board considers the
objection and the opposition, and summarily rules on
the objection. The Board then enters its ruling on the
prescribed form and authenticates the same by entering
the signatures of all its members.
6. The parties adversely affected by the ruling
immediately inform the Board if they intend to appeal
the ruling. Such information is then entered in the
minutes of canvass.
7. The Board then sets aside the returns and proceeds to
consider the other returns. The Board then suspends
the canvass after all the uncontested returns have been
canvassed and the contested return ruled upon by it.
8. Within 48 hours from the ruling, the party adversely
affected files a written and verified notice of appeal with
the Board. The party then files an appeal with the
COMELEC within a non-extendible period of 5 days
thereafter.
9. Immediately upon receipt of the notice of appeal, the
Board makes an appropriate report to the COMELEC,
elevating therewith the complete records and evidence
submitted in the canvass, and furnishing the parties
with copies of the report.
10. The COMELEC summarily decides the appeal within 7
days from receipt of the record and evidence elevated
to it by the Board.
11. The COMELEC's decision becomes executory after the
lapse of 7 days from receipt thereof by the losing party.
12. The COMELEC then authorizes the Board of
Canvassers to proceed with the proclamation of the
winner. Any proclamation made without COMELEC
authorization is void ab initio, unless the contested
returns do not adversely affect the results of the
election. (Sec. 20, R.A. 7166)
Note: Mandatory procedure and non-compliance would be
fatal to the pre-proclamation petition.
EFFECT OF FILING PRE-PROCLAMATION
CONTROVERSIES
The period to file an election contest shall be SUSPENDED
during the pendency of the pre-proclamation contest in the
COMELEC or the Supreme Court [Sec. 248, Omnibus Election
Code].
EFFECT OF THE PROCLAMATION OF WINNING
CANDIDATE
 A pre-proclamation controversy shall no longer be viable
after the proclamation and assumption into office by the
candidate whose election is contested. The remedy is an
election protest before the proper forum [Mayor v.
COMELEC (1989)].
 The prevailing candidate may still be unseated
even though he has been proclaimed and installed in
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office if: 4. HRET – over election contests involving members of

i. The opponent is adjudged the true winner of
the election by final judgment of court in an
election contest;
ii. The prevailing party is declared ineligible or
disqualified by final judgment of a court in a
quo warranto case; or
iii. The incumbent is removed from office for
(1)
cause.
E. ELECTION PROTEST
Adversarial proceedings by which matters involving the title or
claim to an elective office, made before or after proclamation of
the winner, is settled whether or not the contestant is claiming
the office in dispute [Javier vs. COMELES (1986)].
(2) Electoral Tribunals of the Senate and House of
Purpose: To ascertain the candidate lawfully elected to office.
NATURE OF THE PROCEEDING
 It is an ordinary action governed by Rule 20 of the Rules of
Procedure of the Comelec [Banaga, Jr. v. COMELEC (2000)].
Note: An En banc decision of the COMELEC in an ordinary
action becomes final and executory after 30 days from its
promulgation.
 An election contest is imbued with public interest.
 The election contest must be liberally construed to favor
the will of the people. An election contest may not be
defeated by mere technical objections.
 Until and unless the election protest is decided against
him, a person who has been proclaimed as duly elected has
the lawful right to assume and perform the duties and
functions of the office.
PRE-PROCLAMATION CONTROVERSIES and ELECTION
PROTEST [Comparative table]
the House of Representatives
5. SET – over election contests involving members of the
Senate
6. PET – over election contests involving presidential and
vice-presidential candidates
Supreme Court sitting as the Presidential Electoral
Tribunal
The Supreme Court, sitting en banc, shall be the sole judge
of all contests relating to the election, returns, and
disqualifications of the President, Vice-President, and may
promulgate its rules for such purpose. (Art. VII, Sec. 4, 1987
Constitution)
Representatives
The Senate and the House of Representatives have their
own electoral tribunals.
COMPOSITION OF SENATE OR HOUSE OF
REPRESENTATIVE ELECTORAL TRIBUNAL
Each electoral tribunal has 9 members:
a. 3 Supreme Court Justices,
b. 6 members of the Senate or House of
Representatives, as the case may be,
c. chosen on the basis of proportional representation
from the political parties and the parties or
organizations registered under the party-list
system represented therein.
(Art. VI, Sec. 17, 1987 Constitution)
For purposes of election contests cognizable by the
Electoral Tribunals, the rules of procedure of such
tribunals shall prevail over the provisions of the
Omnibus Election Code. (Lazatin v. HRET, 168 SCRA
39)

Pre-Proclamation Election Contest (3) COMELEC

Controversy
Before proclamation of After proclamation of Exclusive Original Jurisdiction
candidate candidate Over all election contests relating to the elections, returns, and
Jurisdiction of COMELEC is Jurisdiction of COMELEC is qualifications of all elective:
administrative/quasi- judicial (1) Regional Officials;
judicial (2) Provincial Officials; and
It is governed by the It is governed by the (3) City Officials
requirements of requirements of judicial
administrative due process process Note: General Rule: Appeal for decisions in these cases may be
taken to the Supreme Court [Section 7, Article IX of the 1987
Constitution].
JURISDICTION OVER ELECTION CONTESTS
Exception: Section 7, Article IX of the 1987 Constitution,
although it confers on the Court the power to review any
decision, order or ruling of the COMELEC, limits such power to
a final decision or resolution of the COMELEC en banc, and does
1. MeTC or MTC – over election contests involving not extend to an interlocutory order or even a final resolution
barangay officials [Sec. 252. BP 881] issued by a Division of the COMELEC [Cagas vs. COMELEC].
2. RTC - over contests involving municipal officials [Sec.
251. BP 881] Appellate Jurisdiction
3. COMELEC – over all contests relating to the elections, Over all contests involving elective municipal officials decided
by trial courts of general jurisdiction (i.e., RTC) or involving
returns and qualifications of all elective regional,
elective barangay officials decided by trial courts of limited
provincial and city officials [Sec. 250. BP 881]
jurisdiction (i.e., the MTC)

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WHEN APPEAL IS NOT ALLOWED
Decisions, final orders, or rulings of the COMELEC on election
contests involving elective municipal and barangay offices shall
be final, executory and not appealable [1987 Constitution, Sec. 2,
Art. IX-C].
Note: This, however, does not preclude a recourse to the
Supreme Court by way of a special civil action for certiorari
[Galido v. COMELEC, 193 SCFA 78].
(4) Regional and Municipal Trial Courts
Exclusive original jurisdiction
Over election contests involving municipal and barangay
officials, respectively.
Note: Cases involving qualifications of candidates for the
Sangguniang Kabataan filed before the election are decided by the
Election Officer, while those filed after the election are decided
by the MTCs. (Nachura, p. 389)
POWER OF COMELEC OVER ELECTION CONTESTS
 The power includes the power to determine the validity or
nullity of votes.
 The COMELEC has the power to issue writs of certiorari,
prohibition, and mandamus. However, this power can only
be exercised in aid of its appellate jurisdiction. [Relampagos
v. Cumba, 243 SCRA 690].
PROCEDURE FOR ELECTION CONTESTS
Election Contest
Who may Any candidate who has filed a certificate of
file candidacy and has been voted upon for the
same office, and who has not himself caused
or contributed to the irregularities or frauds
of which he complains
Grounds Fraud, terrorism, irregularities or illegal acts
committed before, during or after the
casting and counting of votes
Period for Within 10 days from proclamation of the
filing results of the election
Where, after 5 days from the proclamation
of the winning candidate, the loser files a
motion for reconsideration in the pre-
proclamation controversy, there are only 5
days which remain of the period within
which to file an election protest [Roquero v.
COMELEC, 289 SCRA 150].
Procedure
a. For protests filed with the COMELEC
1. Protestant files a verified petition with the COMELEC
within 10 days from proclamation and pays the
required docket fees. Failure to pay the basic docket
fee will result in the dismissal of the protest [Gatchalian
v. COMELEC, 245 SCRA 208].
2. The Clerk of Court of the COMELEC or the division
concerned issues the corresponding summons to the
protestee within 3 days from the filing of the petition
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3. Protestee must file an answer within 5 days from
service of summons and a copy of the petition. The
protestee may incorporate in his answer a counter-
protest or counterclaim.
The COMELEC may not entertain a counter-protest
filed beyond the reglementary period to file the same.
[Kho v. COMELEC (1997)].
4. Protestant has 5 days from receipt of the answer or
answer with counterclaim or counter-protest to file his
reply or answer to counter-protest or counterclaim,
respectively.
If no answer is filed to the protest or counter-protest, a
general denial is deemed to have been entered.
5. After the issues have been joined, the case shall be set
for hearing and presentation and reception of
evidence.
6. After the case has been submitted for decision, the
COMELEC shall render its decision. If the case is
being heard by a Division, the case shall be decided
within 10 days. If it is being heard by the COMELEC
en banc, it shall be decided within 30 days.
7. The decision of a division becomes final and executory
after the lapse of 15 days following its promulgation.
The aggrieved party may file a timely motion for
reconsideration within 5 days from promulgation of
the decision on the grounds that the evidence is
insufficient to justify the decision; or that the said
decision is contrary to law.
For the COMELEC en banc, the decision becomes final
and executory 30 days from its promulgation.
b. For protests filed with the Regional Trial Court
(Rule 35, COMELEC Rules of Procedure)
1. Protestant files a verified petition with the RTC within
10 days from proclamation.
2. Filing of answer: Protestee must file an answer within 5
days after receipt of notice of the filing of the petition
and a copy of the petition.
Should the protestee desire to impugn the votes
received by the protestant in other precincts, he may
file a verified counter-protest within the same period
fixed for the filing of the answer.
3. Filing of Counter-Protest: Protestant has 5 days from
receipt of the counter-protest to file his answer to such
counter-protest.
4. Filing of Intervention: Any other candidate for the same
office may intervene in the case within 5 days from
filing of the protest by filing a verified petition-in-
intervention.
5. Filing of answer to protest-in-intervention: The protestant
or protestee shall answer the protest-in-intervention
within 5 days after notice.
6. If no answer is filed to the protest, counter-protest or
protest-in-intervention within the specified time
limits, a general denial is deemed to have been
entered.
7. After the issues have been joined, the case shall be set
for hearing.
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Period for presentation of evidence: Presentation and
reception of evidence shall be completed within 30
days from the date of the commencement thereof.
8. Rendition of decision: The Court shall decide the election
contest within 30 days from the date it is submitted for
decision, but in every case within 6 months after its
filing. Such decision shall declare who among the
parties has been elected, or in a proper case, that none
of them has been legally elected.
9. Finality of decision: The decision becomes final 5 days
after its promulgation. No motion for reconsideration
shall be entertained.
10. Filing of Appeal: The aggrieved party may appeal the
decision to the COMELEC, by filing a notice of appeal
within 5 days from promulgation of the decision.
E. QUO WARRANTO
Quo Warranto (Sec. 253, Omnibus Election Code)
Who may Any registered voter in the constituency
file
Grounds Ineligibility or disloyalty to the Republic of
the Philippines
Period for Within 10 days from proclamation of the
filing results of the election
AWARD OF DAMAGES
Actual or compensatory damages may be granted in all election
contests or in quo warranto proceedings in accordance with law
[Sec. 259, Omnibus Election Code].
PREFERENTIAL DISPOSITION OF CONTESTS
GENERAL RULE
Courts shall give preference to election contests over all other
cases.
EXCEPTION
Habeas corpus cases.
PERIOD TO DECIDE
Court shall without delay, hear and, within thirty days (30)
from the date of their submission for decision, but in every
case within six months after filing, decide the same.
PROSECUTION OF ELECTION OFFENSES
ELECTION OFFENSES
The various election offenses are enumerated primarily under
Sec. 261 of B.P. 881. However, other election laws provide for
other election offenses. Some of the more significant offenses
include the following:
ELECTION OFFENSES
Registration
1. Failure of the Board of Election Inspectors to post the
list of voters in each precinct. (Sec. 9, R.A. 7166)
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2. Change or alteration or transfer of a voter's precinct
assignment in the permanent list of voters without the
express written consent of the voter (Sec. 4, R.A. 8189)
Certificate of Candidacy
1. Continued misrepresentation or holding out as a
candidate of a disqualified candidate or one declared by
final and executory judgment to be a nuisance candidate
(Sec. 27f, R.A. 6646)
2. Knowingly inducing or abetting such misrepresentation
of a disqualified or nuisance candidate (Sec. 27f, R.A.
6646)
3. Coercing, bribing, threatening, harassing, intimidating,
terrorizing, or actually causing, inflicting or producing
violence, injury, punishment, torture, damage, loss or
disadvantage to discourage any other person or persons
from filing a certificate of candidacy in order to eliminate
all other potential candidates from running in a special
election (Sec. 5, R.A. 8295)
Election Campaign
1. Appointment or use of special policemen, special
agents or the like during the campaign period (Sec.
261m, B.P. 881)
2. Use of armored land, water or aircraft during the
campaign period (Sec. 261r, B.P. 881)
3. Unlawful electioneering (Sec. 261k, B.P. 881)
4. Acting as bodyguards or security in the case of
policemen and provincial guards during the campaign
period (Sec. 261t, B.P. 881)
5. Removal, destruction, obliteration, or tampering of
lawful election propaganda, or preventing the
distribution thereof (Sec. 83, vis-à-vis Sec. 262, B.P. 881)
Voting
1. Vote-buying and vote-selling (Sec. 261a, B.P. 881)
2. Conspiracy to bribe voters (Sec. 261b, B.P. 881)
A disputable presumption of a conspiracy to bribe
voters is created when there is proof that at least 1
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's
relatives, leaders and/or sympathizers for the purpose
of promoting the election of such candidate. (Sec. 28,
R.A. 6646)
3. Coercion of subordinates to vote for or against any
candidate (Sec. 261d, B.P. 881)
4. Dismissal of employees, laborers, or tenants for
refusing or failing to vote for any candidate (Sec.
261d(2), B.P. 881)
5. Being a flying voter (Sec. 261z (2), B.P. 881)
Counting of Votes
1. Tampering, increasing, decreasing votes, or refusal to
correct tampered votes after proper verification and
hearing by any member of the board of election
inspectors (Sec. 27b, R.A. 6646)
2. Refusal to issue to duly accredited watchers the
certificate of votes cast and the announcement of the
election, by any member of the board of election
inspectors (Sec. 27c, R.A. 6646)
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Canvassing
Any chairperson of the board of canvassers who fails to
give notice of meeting to other members of the board,
candidate or political party as required (Sec. 27e, R.A. 6646)
Acts of government or public officers
1. Appointment of new employees, creation of new
positions, promotion, or giving salary increases within
the election period (Sec. 261g, B.P. 881)
2. Transfer of officers and employees in the civil service
within the election period without the prior approval of
the COMELEC (Sec. 261h, B.P. 881)
Other prohibitions
1. Unauthorized printing of official ballots and election
returns with printing establishments that are not under
contract with the COMELEC (Sec. 27a, R.A. 6646)
2. Wagering upon the results of elections (Sec. 261c, B.P.
881)
3. Sale, etc. of intoxicating liquor on the day fixed by law
for the registration of voters in the polling place, or the
day before the election or on election day (Sec. 261dd (1),
B.P. 881)
4. Opening booths or stalls within 30 meters of any polling
place (Sec, 261dd (2), B.P. 881)
5. Holding fairs, cockfights, etc. on election day (Sec. 261dd
(3), B.P. 881)
6. Refusal to carry election mail during the election period
(Sec. 261dd (4), B.P. 881). In addition to the prescribed
penalty, such refusal constitutes a ground for
cancellation or revocation of certificate of public
convenience or franchise.
7. Discrimination in the sale of air time (Sec. 261dd (5), B.P.
881) In addition to the prescribed penalty, such refusal
constitutes a ground for cancellation or revocation of
the franchise.
OTHER ELECTION OFFENSES UNDER RA 6646
JURISDICTION
GENERAL RULE
Regional trial court shall have the exclusive original jurisdiction
to try and decide any criminal action or proceedings for
violation of this Code
EXCEPTION
Metropolitan or Municipal Trial Code for offenses relating to
the failure to register or failure to vote which shall be under the
jurisdiction of the metropolitan or municipal trial courts.
From the decision of the courts, appeal will lie as in other
criminal cases (Sec. 268, Omnibus Election Code)
Note:
COMELEC has exclusive jurisdiction to investigate and
prosecute cases involving violation of election laws [1987
Constitution, Sec. 2 (6), Art. IX-C].
However, it may validly delegate the power to the Provincial
Prosecutor or to the Ombudsman.

THE POLICY OF NON-INTERFERENCE
GENERAL RULE
The COMELEC, as the body tasked by no less than the 1987
Constitution to investigate and prosecute violations of election
laws, has the full discretion to determine whether or not an
election case is to be filed against a person and, consequently,
its findings as to the existence of probable cause are not subject
to review by courts. [Guzman vs COMELEC (2009)].
EXCEPTION
This policy of non-interference does not apply where the
COMELEC, as the prosecuting or investigating body, was acting
arbitrarily and capriciously, like herein, in reaching a different
but patently erroneous result (Ibid).

(1) Person who violated provisions against prohibited forms

of election propaganda

(2) 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
Five years from the date of their commission.

If the discovery of the offense is made in an election contest

proceeding, the period of prescription commences on the date
on which the judgment in such proceedings becomes final and
executory [Sec. 267, Omnibus Election Code].

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ADDITIONAL NOTES

(Not Included
SOURCES OF in SC Syllabus)
ELECTION LAW
1. 1987 Constitution
2. BP 881 (Omnibus Election Code)
3. RA 6646 (Electoral Reforms Law of 1987)
4. RA 6679 (Barangay Elections)
5. RA 6735 (Law Providing for Initiative and Referendum)
6. RA 7166 (1991 Synchronized Elections Law)
7. RA 7941 (Election of Party-List Representatives)
8. RA 8189 (Continuing Registration)
9. RA 8436 (Automated Election System)
10. RA 8524
11. RA 9006 (Fair Election Act of 2001)

INTERPRETATION OF ELECTION LAWS

Liberally construed in favor of right of suffrage.

POWERS AND FUNCTIONS OF THE COMELEC

1. Enforcement and administration of election laws and
regulations
2. Quasi-judicial powers
3. Decide all questions affecting elections

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Political Law
4. Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government for the exclusive purpose of ensuring free,
orderly, honest, peaceful and credible elections
5. Register political parties, etc.
6. Accredit citizens' arms
7. Investigation and prosecution of cases of violation of
election laws
8. Filing of petitions in court for inclusion or exclusion of
voters
9. Recommendatory:
a. To Congress
Effective measures to minimize election spending,
including limitation of places where propaganda
materials shall be posted, and to prevent and penalize
all forms of election frauds, offenses, malpractices,
and nuisance candidates. (Art. IX-C, Sec. 2, 1987
Constitution)
b. To the President
For removal of any officer or employee it has
deputized (Sec. 52a, Omnibus Election Code
10. Supervision / Regulation, for the duration of the election
period, of use of all franchises or permits for operation of:
a. transportation and other public utilities;
b. media of communication or information;
c. all grants, special privileges, or concessions granted
by the Government or any instrumentality thereof.
DATE OF ELECTION
There is a simultaneous conduct of elections for national and
local officials once every 3 years. Under R.A. 7166, elections
shall be held on the 2nd Monday of May.
1. President and Vice-President
elected on the same day every 6 years.
2. Senators, Elective Members of the House of Representatives, and
Elective Provincial, City and Municipal Officials
same day every 3 years, except with respect to the
Senators, only 12 of whom shall be elected every 3 years.
3. Barangay Elections
Barangay and sangguniang kabataan elections shall be
held on the last Monday of October and every three (3)
years thereafter and the term of office of all barangay and
sangguniang kabataan officials after the effectivity of this
Act shall be three (3) years.
Provided that, no barangay elective official shall serve for
more than three (3) consecutive terms in the same
position (RA 9164)
TIME OF ELECTION
Must be fixed by the authoritative power. (i.e. the Constitution;
laws in the case of regular elections; the executive or other
designated power in the case of special elections).
PLACE OF ELECTION
Shall be fixed by general law or by a proclamation or by the
notice by which the election is called. Such designated place
shall be mandatory. In case of emergencies which necessitate the
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changing of a polling place, adequate general notice must be
given.
PRE-ELECTION REQUIREMENTS
1. Establishment of Precincts
The COMELEC shall establish all election precincts. Each
barangay shall have at least 1 such precinct. (Sec. 149,
Omnibus Election Code)
The COMELEC may introduce adjustments, changes or
new divisions or abolish precincts if necessary. But no
changes shall be introduced within 45 days before a
regular election and 30 days before a special election or
referendum or plebiscite. (Sec. 149, Omnibus Election Code)
Where it is not practicable to divide a precinct by
territory, the COMELEC may adjust or split the precinct
by assigning the registered voters alphabetically and
equitably among the adjusted or split precinct. The
polling places of the said precincts must be in the same
building. (Sec. 8, R.A. 7166)
2. Publication of Maps of Precincts
At least 5 days before the first registration day and until
after the election, referendum, or plebiscite, the
COMELEC shall post in the city or municipal hall and in
3 other conspicuous places and on the door of each
polling place, a map of the city or municipality showing
its division into precincts. Such maps shall be kept posted
until after the election, referendum or plebiscite. (Sec.
151, BP 881)
3. Designation of polling places
The COMELEC may introduce changes in the location of
polling places when necessary after notice to the
registered political parties and candidates affected if any,
and hearing. No location shall be changed within 45 days
before a regular election and 30 days before a special
election, referendum or plebiscite except when it is
destroyed or it cannot be used. (Sec. 153, BP 881)
4. Arrangements and Contents of Polling Places
Each polling place shall have at least 10 voting booths of
such size, specifications and materials as the COMELEC
may provide to enable the voters to fill out their ballots
secretly. (Sec. 158, BP 881)
The polling place shall be so arranged that the booths, the
table, the ballot boxes and the whole polling place, except
what is being written within the booths, shall be in plain
view of the board of election inspectors, the watchers and
other persons who may be within the polling place. (Sec.
159 (d), BP 881)
The COMELEC shall post inside each voting booth and
elsewhere in the polling place on the day before the
election, referendum, or plebiscite and during the voting
period a list containing the names of all candidates or the
issues or questions to be voted for. (Sec. 158; BP 881)
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There shall be a guard rail between the voting booths and
the table for the Board of Election Inspectors. (Sec. 159;
BP 881)
5. Inspection of polling places
Before the day of the election, referendum or plebiscite,
the Chairman of the COMELEC shall, through its
authorized representatives, see to it that all polling places
are inspected and such omissions and defects as may be
found are corrected. (Sec. 163, BP 881)
POLITICAL PARTIES
RIGHTS OF POLITICAL PARTIES
i. To be voted upon as a party, provided that it is
registered under the party-list system (Art. IX-C, Sec. 7,
1987 Constitution)
ii. To have a watcher in every Election Registration
Board (Sec. 15, R.A. 8189)
iii. To inspect and/or copy at its expense the
accountable registration forms and/or the list of
registered voters in the precincts constituting the
constituency at which the political party is fielding
candidates (Sec. 42, R.A. 8189)
iv. To have a watcher and/or representative in the
procurement and watermarking of papers to be used
in the printing of election returns and official ballots
and in the printing, numbering, storage and
distribution thereof (Sec. 8, R.A. 6646)
v. To have watchers who shall verify the contents of the
boxes containing the shipment of official ballots,
election returns and sample official ballots received
by the provincial, city and municipal treasurers
Sec. 189, BP 881. Note that this privilege is only
available to the ruling party and the dominant opposition
party.
vi. To have one watcher in every polling place and
canvassing center (Sec. 26, R.A. 71660)
vii. To be present and to have counsel during the canvass
of the election returns (Sec. 25, R.A. 6646)
viii. To receive the 4th copy (if the dominant majority party)
or the 5th copy (if the dominant minority party) of the
election returns (Sec. 27, R.A. 7166 as amended by
R.A. 8045 and R.A. 8173)
FORFEITURE OF STATUS
Any registered political party that, 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
or candidates in the election next following its registration
shall, after notice and hearing be deemed to have forfeited
such status as a registered political party in such constituency.
(Sec. 60, BP 881)
CANCELLATION OF REGISTRATION
The following are grounds for cancellation of registration of a
political party:
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(1) Accepting financial contributions from foreign
governments or their agencies (Art. IX-C, Sec. 2 (5), 1987
Constitution)
(2) The party is a religious sect or denomination, organization
or association organized for religious purposes
(3) The party advocates violence or unlawful means to seek its
goal
(4) The party is a foreign party or organization
(5) The party is receiving support from any foreign
government, foreign political party, foundation,
organization, whether directly or through any of its
officers or members or indirectly through third parties for
partisan election purposes
(6) The party violates or fails to comply with laws, rules or
regulations relating to elections
(7) The party declares untruthful statements in its petition for
registration
(8) The party has ceased to exist for at least 1 year
(9) The party fails to participate in the last 2 preceding elections
(10) If registered under the party-list system, the party fails to
obtain at least 2% of the votes in the 2 preceding elections
for the constituency in which it has registered. (Sec. 6 (1),
R.A. 7941)
(11) Under the party-list system, the COMELEC may refuse or
cancel registration either motu propio or upon verified
complaint of any interested party, after due notice and
hearing.
PROCEDURE
PETITION
Petition verified by the party/ organization/ coalition's
president or secretary. The petition must state its desire to
participate in the party-list system as a national, regional or
sectoral party or organization or a coalition of such parties or
organizations.
WHEN
Not later than 90 days before the election
ATTACHMENTS:
1. Constitution
2. By-laws;
3. Platform or program of government
4. List of officers
5. Coalition agreement (as applicable)
6. Other relevant information as may be required by the
COMELEC
After due notice and hearing, the COMELEC shall resolve the
petition within 15 days from the date it was submitted for
decision, but not later than 60 days before election. (Sec. 5, R.A.
7941)
NOMINATION OF PARTY-LIST REPRESENTATIVES
Each registered party, organization or coalition shall submit to
the COMELEC a list of not more than 5 names from which
party-list representatives shall be chosen in case it obtains the
required number of votes. This list must be submitted not later
than 45 days before the election. (Sec. 8, R.A. 794)
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The nomination of party-list representatives is subject to the
following limitations:
1. The nominee must have all of the qualifications and none
of the disqualifications for the exercise of the right of
suffrage. Moreover, he/she must be a registered voter,
able to read and write, and at least 25 years on the day of
the election.
In case of youth sector nominees, such nominees must be
at least 25 but not more than 30 yrs. old on the day of the
election. (Sec. 9, RA. 7941)
2. The nominee must be a bona fide member of the party or
organization which he/she seeks to represent for at least
90 days preceding the day of the election.
3. An elected party-list representative who changes his
political party or sectoral affiliation within 6 months
before an election is not eligible for nomination as party-
list representative under his new party or organization.
4. A person may be nominated in 1 list only.
5. Only persons who have given their consent in writing
may be named in the list.
6. The list cannot include any candidate for any elective
office or any person who has lost his bid for an elective
office in the immediately preceding election.
7. Changes of name or alterations in the order of nominees
are generally not allowed after the list has been submitted
to the COMELEC. However, these may be allowed when
the nominee either:
a. Dies
b. Withdraws his nomination in writing
c. Becomes incapacitated in which case the substitute
nominee shall be placed last in the list
VOTING PROPER
i. Voter must vote in person.
The voter must personally deposit his ballot.
By the principle that what is done in one’s presence and by
his express direction is, in law, his act, an infirm or aged voter
may undoubtedly employ another to perform the mechanical
act of depositing in the voter’s presence the ballot which the
latter has himself selected.
ii. Voter must vote but once.
Each voter shall vote but once, at any election, for each office
or measure to be voted for.
iii. Voter need not vote the whole ticket.
It is entirely optional with the voter whether he will vote at
all or not, and he may vote for such offices as he chooses and
for such of the several persons to be chosen to the same office
as he prefers.
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ABSENTEE VOTING
Under RA 7166, absentee voting as provided for in EO 157
shall apply to the elections for President, Vice-President, and
Senators ONLY and shall be limited to:
1 Members of the AFP
2 Members of the PNP
3 Other government officers and employees
Who are duly registered voters and who, on election day, may
temporarily be assigned in connection with the performance of
their election duties to places where they are not registered
voters.
BLOCK VOTING
 There is no longer block voting under current Philippine
Election Laws, having been expressly prohibited by Art.
IX-C, Sec. 7 of the 1987 Constitution.
 However, it must be noted that under the party-list system,
votes may be counted in favor of political parties,
organizations or coalitions rendered under said system.
This, in a way, may be construed as the exception to the
prohibition on block voting.
VOTING HOURS
General rule: The casting of votes shall be at 7 a.m. and shall
end at 3 p.m.
Exception: When there are voters present within 30 meters in
front of the polling place who have not yet cast their votes, in
which case the voting shall continue but only to allow said
voters to cast their votes without interruption.
The poll clerk shall prepare a complete list containing the
names of said voters consecutively numbered, and the voters
so listed shall be called to vote by announcing each name
repeatedly three times in the order in which they are listed.
Any voter in the list who is not present when his name is
called out shall not be permitted to vote.
QUALIFICATION OF WATCHERS
1. Qualified voter of the city or municipality
2. Good reputation
3. Never been convicted of any election offence or any
crime
4. Knows how to read and write English, Pilipino or any
of the prevailing local dialects
5. Not related within the 4th civil degree by
consanguinity or affinity to any member of the BEI in
the polling place where he seeks appointment as
watcher.
RIGHTS AND DUTIES OF WATCHERS:
1. Stay in the space reserved for then inside the polling
place
2. Witness and inform themselves of the proceedings of
the BEI
3. Take notes, photographs of proceedings
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4. File protests against any irregularities or violation of
law
5. Be furnished with a certificate of the number of votes
cat for each candidate, duly signed and thumb
marked by the members of the BEI.
CASTING OF VOTES
 In every case, before delivering an official ballot to the
voter, the chairman of the Board of Election Inspectors
shall affix his signature at the back of the ballot in the
presence of the voter. (Sec. 24, R.A. 7166)
 Failure to authenticate shall be noted in the minutes of the
Board of Election Inspectors and shall constitute an
election offense.
BALLOT AND VOTING
1. The voter, upon receiving his folded ballot, shall
forthwith proceed to one of the empty voting booths and
shall there fill his ballot by writing in the proper space
for each office the name of the individual candidate for
whom he desires to vote.
Voters are not allowed to:
a. To enter a booth occupied by another, nor enter
the same accompanied by somebody, except as
provided for in the succeeding section hereof;
b. To stay therein for a longer time than necessary
c. To speak with anyone other than as herein
provided while inside the polling place.
Unlawful Acts:
a. To prepare the ballot outside the voting booth
b. To exhibit its contents to any person
c. To erase any printing from the ballot
d. To intentionally tear or deface the same or put
thereon any distinguishing mark
e. To use carbon paper, paraffin paper, or other
means for making a copy of the contents of the
ballot;
f. To make use of any other means to identify the
vote of the voter.
Preparation of Ballots for Illiterates and Disabled
Persons (Sec. 196, B.P. 881)
 No voter shall be allowed to vote as an illiterate or as
a physically disabled unless it is so indicated in his
registration record.
 A voter who is illiterate or physically unable to
prepare the ballot by himself may be assisted in the
preparation of his ballot by the following:
a. a relative by affinity or consanguinity within the
fourth civil degree, or
b. If (a) is not available, then any person of his
confidence who belongs to the same household;
or
c. Any member of the board of election inspectors.
In no case shall an assistor assist more than 3 times.
The person assisting shall:
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1. prepare the ballot for the illiterate or disabled voter
inside the voting booth;
2. bind himself in a formal document under oath to fill
out the ballot strictly in accordance with the
instructions of the voter and not to reveal the contents
of the ballot prepared by him.
 A violation of these 2 duties shall constitute an
election offense.
SPOILED BALLOTS
If a voter should accidentally spoil or deface a ballot in
such a way that it cannot lawfully be used, he shall
surrender it folded to the chairman who shall note in the
corresponding space in the voting record that said ballot
is spoiled. The voter shall then be entitled to another
ballot which the chairman shall give him after
announcing the serial number of the second ballot and
recording the serial number in the corresponding spaces
in the voting record.
 No voter shall change his ballot more than once. (Sec.
14, R.A. 8436)
 The spoiled ballot shall, without being unfolded and
without removing the detachable coupon, be
distinctly marked with the word "spoiled" and signed
by the board of election inspectors on the
endorsement fold thereof and immediately placed in
the compartment for spoiled ballots.
2. After the voter has filled his ballot he shall fold it in
the same manner as when he received it and return it
to the chairman.
3. In the presence of all the members of the board of
election inspectors, he shall affix his thumbmark on
the corresponding space in the coupon, and deliver
the folded ballot to the chairman.
4. The chairman, in the presence and view of the voter
and all the members of the board of election
inspectors, without unfolding the ballot or seeing its
contents, shall verify its number from the voting
record where it was previously entered.
 Any ballot whose number does not coincide
with the number of the ballot delivered to the
voter, as entered in the voting record, shall be
considered as spoiled and shall be so marked
and signed by the members of the board of
election inspectors.
5. The voter shall affix his thumbmark by the side of his
signature in the space intended for that purpose in the
voting record and the chairman shall apply silver
nitrate and commassie blue on the right forefinger
nail or on any other available finger nail, if there be
no forefinger nail.
6. The chairman shall sign in the proper space beside the
thumbmark of the voter.
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 Note that the absence of the signature of the
chairman in the ballot given to a voter as proof
of the authenticity of the ballot, is fatal.
7. The chairman, after finding everything to be in order,
shall then detach the coupon in the presence of the
board of election inspectors and of the voter and shall
deposit the folded ballot in the compartment for valid
ballots, and the detached coupon in the compartment
for spoiled ballots.
 Any ballot returned to the chairman whose
detachable coupon has been removed not in the
presence of the board of election inspectors and
of the voter, shall be considered as spoiled and
shall be so marked and signed by the members
of the board of election inspectors.
8. The voter shall then depart.
NON-CONCLUSIVENESS OF ADMISSION OF
CHALLENGED VOTE
It must be noted that the admission of the challenged vote shall
not be conclusive upon any court as to the legality of the
registration of the voter challenged or his vote in a criminal
action against such person for illegal registration or voting [Sec.
201, B.P. 881].
COUNTING OF VOTES
The counting of votes is conducted by the Board of Election
Inspectors, which shall not adjourn or postpone or delay the
count until it has been fully completed, unless otherwise
ordered by the COMELEC.
COUNTING MUST BE IN PUBLIC AND WITHOUT
INTERRUPTION
As soon as the voting is finished, the board of election inspectors
shall publicly count in the polling place the votes cast and
ascertain the results. The Board shall not adjourn or postpone
or delay the count until it has been fully completed, unless
otherwise ordered by the COMELEC.
VENUE FOR COUNTING
The COMELEC in the interest of free, orderly, and honest
elections, may order the board of election inspectors to count the
votes and to accomplish the election returns and other forms
prescribed under the Omnibus Election Code in any other place
within a public building in the same municipality or city.
 The public building shall not be located within the
perimeter of or inside a military or police camp or
reservation nor inside a prison compound.
 If it becomes necessary to transfer the counting of votes to
a safer place on account of imminent danger of violence,
terrorism, disorder or similar causes, the Board of Election
Inspectors may effect such transfer by unanimous
approval by the Board and concurrence by the majority of
the watchers present. (Sec. 18, R.A. 6646)
MANNER OF COUNTING VOTES
1. The board of election inspectors shall unfold the ballots
and form separate piles of one hundred ballots each, which
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shall be held together with rubber bands, with cardboard
of the size of the ballots to serve as folders.
2. The chairman of the board of election inspectors shall take
the ballots of the first pile one by one and read the names
of candidates voted for and the offices for which they were
voted in the order in which they appear thereon, assuming
such a position as to enable all of the watchers to read such
names.
3. The chairman shall sign and affix his right hand thumb
mark at the back of the ballot immediately after it is
counted.
4. The poll clerk, and the third member, respectively, shall
record on the election returns and the tally board or sheet
each vote as the names voted for each office are read. (The
election returns are mandated by law to be prepared
simultaneously with the counting of the votes.)
5. After finishing the first pile of ballots, the board of election
inspectors shall determine the total number of votes
recorded for each candidate, the sum being noted on the
tally board or sheet and on the election returns. In case of
discrepancy such recount as may be necessary shall be
made. The ballots shall then be grouped together again as
before the reading. Thereafter, the same procedure shall be
followed with the second pile of ballots and so on
successively.
6. After all the ballots have been read, the board of election
inspectors shall sum up the totals recorded for each
candidate, and the aggregate sum shall be recorded both
on the tally board or sheet and on the election returns.
7. It shall then place the counted ballots in an envelope
provided for the purpose, which shall be closed signed and
deposited in the compartment for valid ballots.
8. The tally board or sheet as accomplished and certified by
the board of election inspectors shall not be changed or
destroyed but shall be kept in the compartment for valid
ballots.
MARKED BALLOTS, DEFINITION
Marked ballots are ballots containing a distinguishing mark
which would tend to identify the voter who cast such ballot.
PURPOSE OF DISALLOWING MARKED BALLOTS
 Some unscrupulous persons taking advantage of their
influence or political prestige may require voters to place a
distinguishing “mark” on their ballot, in consideration of
some promise, reward or other valuable consideration and
to which the voters would have no escape because of the
distinguishing marks required of them to place on their
ballots.
 This threatens the independence of the voters in the
exercise of their right to vote. Hence, the prohibition on
marked ballots.
EFFECTS OF MARKED BALLOTS
 Marked ballots are invalidated in their entirety, and none of
the votes therein are counted.
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DETERMINTAION OF MARKED BALLOTS
 In discounting marked ballots, great care should be used
in rejecting them. Election laws are designed to effectuate
the will of the electorate. Only in an unmistakable case
where the ballot appeared to be marked, should it be
rejected.
 The determinative factor in the nullification of ballots for
being marked as following a design or pattern, is the
existence of evidence aliunde tending to show the intention
or purpose in the use of the contested manner or means of
voting, which is to identify the ballots. In the absence of
evidence aliunde clearly showing the intention or plan was
for purposes of identification, signs on ballots are
presumed accidental.
 A majority vote of the board of election inspectors shall be
sufficient to determine whether a ballot is marked or not.
 All marked ballots shall be placed in an envelope labeled
"marked ballots" which shall be sealed and signed by the
members of the board of election inspectors and placed in
the compartment for valid ballots and shall not be counted.
APPLICABLE INSTANCES
Non-official ballots which the board of election inspectors may
find, EXCEPT those which have been used as emergency
ballots, are considered as marked ballots. Other examples of
marked ballots include the following:
1. Where 170 ballots were voted for in the same manner and
there is evidence aliunde to prove that such manner of
voting was planned.
2. Where the name of 1 candidate is clearly and markedly
indented to the right to make the ballot easily
distinguishable.
3. Use of two or more kinds of writing deliberately put by the
voter to serve as identification marks.
4. Writing the name of a person who is not a candidate 3
times on 3 spaces provided for in different offices.
5. Expressions opposite the space for candidates written for
the purpose of identification.
6. The inclusion of the names of 2 well-known movie stars
who were not candidates.
7. Writing the name of a registered voter who is not a
candidate.
8. The placing, without explanation of initials, after the
corrected names of candidates for mayor and vice-mayor.
9. Placing a big letter “X” immediately after the name of a
candidate for councilor.
10. The capital letter “N” opposite the printed words for
senators.
11. Writing the word “sinador” in a place far and separate
from the proper spaces for candidates.
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12. Writing impertinent, irrelevant and unnecessary
expression
13. Placing the fingerprint of the voter without reason.
14. The presence of an arrow together with the words “and
party”.
15. Instances when Ballot is not Considered Marked
16. Writing the word “sorry” after the name of a candidate as
an expression of regret for committing a mistake.
17. Canceling names and re-writing them to conform with a
sample ballot.
18. Misspelling the name of a candidate.
19. Illegible writings, being imprints of other names written on
the ballot caused by the folding of the same.
20. Writing crosses and circles signifying the desistance of the
voter to write any other name.
21. Writing a word before the name of a candidate as an
appellation of affection or friendship.
22. Affixing the nickname of a candidate.
23. Innocent erasures in the spaces for the candidates.
24. Corrected name written over the canceled one on the space
for councilor although he is a candidate for mayor.
25. Mistakes in writing names of local candidates in spaces for
senators and writing again the names of his candidates for
councilors in the proper spaces.
26. Unintentional, accidental, unintelligible marks or words.
27. Accidental placing of a stain.
28. Voting names of non-candidates in the absence of evidence
that these names were used as identifying marks.
APPRECIATION OF BALLOTS
GUIDELINES FOR APPRECIATION OF BALLOTS
 DOUBTS are to be resolved in FAVOR of the validity of
ballots. The purpose is of election laws is to give effect and
not to frustrate the WILL of the voter.
 LIBERAL CONSTRUCTION in reading the ballots, and
intendments should be in favor of a reading which render
the ballot EFFECTIVE rather than in favor of a conclusion
which on some technical grounds would render it
ineffective.
 Minor blemishes should not affect the validity of the ballot
where the intention of the voter to vote for certain persons
is discernible in the ballot.
 Errors in spelling, honest mistakes due to ignorance or
illiteracy should not defeat the intention of the voter.
However, if the ballot is so defective as to fail to show any
intention, it must be disregarded.
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GENERAL RULE
Every ballot shall be PRESUMED VALID
EXCEPTION
UNLESS there is clear and good reason to reject it.
ELECTION RETURNS, DEFINITION
The official document containing the date of the election, the
province, municipality and the precinct in which it is held, and
the votes received by each candidate written in figures and in
words.
It is the document on which the Certificates of Canvass are
based, and is the only document that constitutes sufficient
evidence of the true and genuine results of the elections.
ANNOUNCEMENT OF RESULTS
The chairman of the Board of Election Inspectors shall make an
ORAL and PUBLIC ANNOUNCEMENT of the TOTAL number
of votes in the polling place for EACH candidate by the upon
the completion of the election returns
ISSUANCE OF CERTIFICATES OF VOTES
CERTIFICATE OF VOTES, DEFINITION
The certificate of votes is a document which contains the
number of votes obtained by each candidate written in words
and figures, the number of the precinct, the name of the city or
municipality and province, the total number of voters who
voted in the precinct, and the date and time issued.
 It must be signed and thumb marked by each member of
the Board. (Sec. 16, R.A. 6646)
DUTY OF BOARD TO ISSUE CERTIFICATE
 It is the duty of the board of election inspectors to issue a
certificate of the number of the votes received by a
candidate upon request of the duly-accredited watchers.
(Sec. 16, R.A. 6646)
 Refusal to do so constitutes an election offense. (Sec. 27,
R.A. 6646)
CANVASSING
PRINCIPLES GOVERNING CANVASS PROCEEDINGS
1. There must be a strong prima facie case backed up by a
specific offer of evidence, and an indication of its nature
and importance has to be made out to warrant the
reception of evidence aliunde, for the presentation of
witnesses and the delays necessarily entailed thereby.
2. When COMELEC has determined after investigation and
examination of the voting and registration records that
ACTUAL VOTING and ELECTION took place in the
questioned precincts, election returns cannot be
disregarded but are accorded prima facie status as bona
fide reports of the result of voting for canvassing and
proclamation purposes.
3. COMELEC should guard against PROCLAMATION
GRABBING and against attempts to paralyze the
canvassing and proclamation.
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4. To allow a respondent to raise belated questions before the
COMELEC as to the returns during the review of a case
before the COMELEC, which question has not been raised
before the board of canvassers, would mean undue delays
in the pre-proclamation proceedings.
5. The Supreme Court can review the decisions of COMELEC
ONLY in cases of grave abuse of discretion in the discharge
of QUASI-JUDICIAL POWERS and not in the exercise of
its administrative duties.
CONCLUSIVENESS OF FINDINGS
 The findings of the board of canvassers and the certificate
of election issued by them are not conclusive but are
merely PRIMA FACIE evidence of the result and title to the
office of those declared elected.
 As to all other collateral matters, the findings of the board
are conclusive. However, such findings are not conclusive
in a direct proceeding to try title to the office.
 The fact of having a plurality of votes lawfully cast is what
confers title to the office UNLESS one is allowed to go
behind the certificate or returns to establish title to the
office before the appropriate tribunal.
PREPARATION OF CANVASS AND STATEMENT OF
VOTES
CERTIFICATE OF CANVASS
 The respective board of canvassers shall prepare a
certificate of canvass duly signed and affixed with the
imprint of the thumb of the right hand of each member,
supported by a statement of the votes received by each
candidate in each polling place and, on the basis thereof,
shall proclaim as elected the candidates who obtained the
highest number of votes cast in the province, city,
municipality or barangay. (Sec. 231, B.P. 881)
 Failure to comply with this requirement shall constitute an
election offense.
STATEMENTS OF VOTES, DEFINITION
The statement of votes is a tabulation per precinct of votes
garnered by candidates as reflected in the election returns; its
preparation is an administrative function of the board, purely a
mechanical act over which COMELEC has direct control and
supervision.
 The Statement of Votes supports the certificate of canvass
and is the basis of proclamation. Consequently, any error
in the Statement of Votes would affect the proclamation
made on the basis thereof.
 Failure to object to the Statement of Votes before the Board
of Canvassers does not constitute a bar to raising the issue
for the first time before the COMELEC, as the law is silent
as to when such objection may be raised.
PROCLAMATION
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DUTIES OF THE BOARD OF CANVASSERS
 After the canvass of election returns, in the absence of a
perfected appeal to the COMELEC, the Board of
Canvassers shall proclaim the candidates who obtained
the highest number of votes cast in the province, city,
municipality or barangay, on the basis of the certificates of
canvass. Failure to comply with this duty constitutes an
election offense. (Sec. 231, B.P. 881)
 The board of canvassers shall forthwith make a certificate
stating the name of the candidate who had been favored by
luck and his proclamation on the basis thereof.
 Nothing in the above shall be construed as depriving a
candidate of his right to contest the election.
PROCLAMATION OF A LONE CANDIDATE (RA 8295)

 The Board of Canvassers shall not proclaim any candidate
as winner unless authorized by the COMELEC after the
latter has ruled on any objections brought to it on appeal
by a losing party.
Any proclamation made in violation hereof shall be void
ab initio, unless the contested returns will not adversely
affect the results of the election.
 Once the Board of Canvassers has completed its duty, the
board cannot meet again and re-canvass the votes or
reverse their prior decision and announce different results.
VOID PROCLAMATION
A proclamation is void when it is:
1. Based on incomplete returns (Castromayor v.
COMELEC, 250 SCRA 298) or
2. When there is yet no complete canvass (Jamil v.
COMELEC, G.R. No. 123648, Dec. 15, 1997).
 Upon the expiration of the deadline for the filing of
certificates of candidacy in a special election called to fill
a vacancy in an elective position other than for President
and Vice-President, when there is only one (1) qualified
candidate for such position, the lone candidate shall be
proclaimed elected to the position by proper proclaiming
body of the COMELEC without holding the special
election upon certification by the COMELEC that he is the
only candidate for the office and is therefore deemed
elected.
 In the absence of any lawful ground to deny due course or
cancel the certificate of candidacy in order to prevent such
proclamation, as provided for under Sec. 69 and 78 of the
Omnibus Election Code, the lone candidate shall assume
office not earlier than the scheduled election day. (Sec. 3)
 The COMELEC shall decide petitions for disqualification
not later than election day. Otherwise, such petitions shall
be deemed dismissed. (Sec. 3)

 A void proclamation is no proclamation at all, and the

proclaimed candidate’s assumption into office cannot
deprive the COMELEC of its power to annul the
proclamation.

PARTIAL PROCLAMATION
Notwithstanding the pendency of any pre-proclamation
controversy, the COMELEC may summarily order the
proclamation of other winning candidates whose election will
not be affected by the outcome of the controversy. (Sec. 21, R.A.
7166)

ELECTION RESULTING TO A TIE

A tie occurs when:
1. 2 or more candidates receive an equal and highest
number of votes; or
2. 2 or more candidates are to be elected for the same
position and 2 or more candidates received the same
number of votes for the LAST PLACE in the number
to be elected [Sec. 240, B.P. 881].

 The board of canvassers, by resolution, upon 5 days notice

to all tied candidates, shall hold a special PUBLIC
MEETING at which the board shall proceed to the
DRAWING OF LOTS of the candidates who have tied and
shall proclaim as elected the candidates who may be
favored by luck.

 The candidates so proclaimed shall have the right to

assume office in the same manner as if he had been elected
by plurality of vote.

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PUBLIC CORPORATIONS

General Principles

Corporation
It is an artificial being created by operation of law, having the
right of succession and the powers, attributes and properties
expressly authorized by law or incident to its existence.

public corporations
(1) Corporations formed and organized for governing a
portion of a State
(2) Those formed or organized by the State to accomplish
part of its public functions

LOCAL
(3) Instruments of the government subject to the control
of the legislative
(4) Formed for political purposes connected with public

GOVERNMENT (5)
good for administration
They are governed by charters enacted by legislature

AND Test to determine whether it is a public or private

PUBLIC Corporation
Totality of the relation of the corporation to the State. If the [1]

CORPORATIONS corporation is created by the State as the latter’s [2] own agency
or instrumentality to [3] help it in carrying out its governmental
functions, then that corporation is considered public; otherwise,
it is private.

 Applying the above test, provinces, chartered cities,

and barangays can best exemplify public
corporations. They are created by the State as its own
device and agency for the accomplishment of parts of its
own public works. (Philippine Society for the Prevention
of Cruelty to Animals vs COA, G.R. No. 169752, September
25, 2007)

Public Corporation Private Corporation

Definition created by the state, by

formed for private
a general or special act,
for purposes of purposes, profit or
administration of local
advantage
government or
rendering service in
the public interest.

Purpose Established for Created for private

of purposes connected aim, gain, or benefits
creation with the for its members
administration of civil
or local governments

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Public Corporation Private Corporation Governed by the legislative Governed by the special
charters creating them laws creating them and
the Corporation Code
Creators Creations of the State Created by the will of
either by general or the incorporators with Government control through Government control
special act recognizance of State. legislative charters through stock ownership
(stock) or membership
(non-stock)
Nature Involuntary Constitutes a
consequence of voluntary agreement
legislation by and among its
members
Test to determine whether it is a GOCC or a Private
Corporation
 Is it created by its own charter for the exercise of a public
 In the case of Boy Scouts of the Philippines vs COA,
function, or by incorporation under the general
BSP is a public corporation; thus, subject to the CoA’s
corporation law?
audit jurisdiction. The purpose of the BSP as stated in
its amended charter shows that it was created for a
Those with special charters are government
public purpose - in order to inculcate in the youth
corporations subject to its provisions, and its employees
“patriotism and nationalism” as declared in Section
are under the jurisdiction of the Civil Service
13, Article II of the Constitution.
Commission, and are compulsory members of the
 Article XII, Section 16 of the 1987 Constitution Government Service Insurance System. (Baluyot vs
prohibits the creation of private corporations except Holganza, G.R. No. 136374. February 9, 2000, citing
by a general law applicable to all citizens but a public Camporedondo v. National Labor Relations
corporation intended for a public purpose is not Commission)
prohibited. As a public corporation, it is not subject to
the test of ownership or control and economic Exception: In a legal regime where the charter test
viability but to a different criteria relating to their doctrine cannot be applied, the mere fact that a
public purpose or constitutional policies and corporation has been created by virtue of a special law
objectives and their administrative relationship to the does not necessarily qualify it as a public corporation.
government or any of its offices. (Boy Scouts of the (Philippine Society vs COA, supra)
Philippines vs. Commission on Audit, G.R. No.
177131, June 7, 2011)

Public Corporations as Distinguished from government-

owned or controlled corporations Classifications

GOCCs are private corporations, either stock or non-stock, QUASI-PUBLIC

performing governmental or propriety functions. They may be Corporations are private corporations that render public service
formed either through the Corporation Code of the Philippines or supplies public wants. They may be organized for gains, but
(CCP) or special laws. they are required to execute public-benefit functions. Examples
are water districts and utility companies.
When formed under the CCP, the government would have
control through ownership of at least majority of the A quasi-public corporation is a specie of private corporations,
outstanding capital stock. but the qualifying factor is the type of service the former renders
to the public: if it performs a public service, then it becomes a
PUBLIC CORPORATION GOCC (Government- quasi-public corporation. (Philippine Society for the Prevention
Owned or Controlled of Cruelty to Animals vs COA, supra)
Corp)

Formed by the State Formed under either the

through charters by the Corporation Code or
legislature – special act or special charter
general act
Formation under special
charters in the interest of
common good and subject
to economic viability
Public entity Private entity
Quasi-corporations
Public corporations created as agencies of State for narrow and
limited purpose.
Municipal corporations
Political and corporate bodies constituted by incorporation of
inhabitants of city or town for purposes of local government or

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as agency of State to assist in civil government of the country. It
is one formed and organized for the government of a portion of
the State.
MUNICIPAL CORPORATIONS
CONCEPT
A “body politic and corporate constituted by the incorporation
of the inhabitants for purposes of local government thereof; it is
established by law partly as an agency of the state to assist in
the civil government of the country, but chiefly to regulate and
administer the local or internal affairs of the city, town or district
which is incorporated.” (Rodriguez, The Local Government Code
of 1991 Annotated., p 4 , citing Dillon, Mun. Corp., Vol. 2, pp 58-
59)
The term municipal corporation has gradually given way to the
more recent term, local government. (Rodriguez, The Local
Government Code of 1991 Annotated., p. 4)
(Rodriguez, pp 4--8, 55-56)
 The mere change of the sovereign authority governing
a country does not necessarily dissolve the municipal
corporation organized under the former sovereign.
 The argument that by the change of sovereignty the
old city was extinguished in the same manner as the
agent dies upon the death of the principal, loses sight
of the dual character of municipal corporations,
corporate and governmental. Only such governmental
functions as are compatible with the present
sovereignty may be considered suspended. (Villas vs.
City of Manila, 42 Phil 935, April 3, 2011)
 The Municipal Laws of such country continue to be in
force until abrogated or changed by a new
government. A Municipal Corporation is not totally
dissolved as a mere consequence of military
occupation or territorial cessation. (Villas vs City of
Manila, supra)

 A municipality, as a juridical person, may acquire

Elements OF A MUNICIPAL CORPORATION
(1) A legal creation or incorporation;
(2) A corporate name by which the artificial personality
or legal entity is known and in which all corporate
acts are done;
(3) Inhabitants constituting the population who are
invested with the political and corporate power
which are executed through duly constituted officers;
(4) A place or territory within which the Local Civil
Government and corporate functions are exercised.
(Rodriguez, The Local Government Code of 1991
Annotated., p. 4)
Nature (dual nature) and ITS functions
patrimonial property under its own independent
personality and not as a mere agent of the Central
Government. (Municipality of Catbalogan vs Director
of Lands, 17 Phil 216, October 17, 2010)
AUTHORITY TO CREATE LOCAL GOVERNMENT
Who has the power to create LGU?
1. Congress – It has the power to create or abolish a province
municipality, or any other political subdivision.
2. Sangguniang Panlalawigan or Sangguniang Panlungsod –
It has the power to create and abolish barangays located
within its territorial jurisdiction. (Rodriguez, p 44.)

Public or Private or Corporate  The Province of Shariff Kabunsuan, created by ARMM

Governmental (Proprietary) Regional Assembly is invalid for only the Congress can
(Political) create a province. (Bai Sema vs COMELEC, supra)
Definition An agent of the state Acts in a similar
for the government category as a Delegation of power to create LGUs
of the territory and business Under its plenary legislative powers, Congress can delegate to
the inhabitants corporation, local legislative bodies the power to create local government
within the local performing units, subject to reasonable standards and provided no conflict
government limits. functions not strictly arises with any provision of the constitution and it is subject to
governmental or the criteria established by the LGC (Income, Population, Land
political. Area) (Bai Sema vs COMELEC, supra)
Purpose To exercise a part of For the special  In the case of the creation of barangays by the
the sovereignty of benefit and Sangguniang Panlalawigan, the recommendation of
the state through advantage of the the Sangguniang Bayan concerned shall be necessary.
delegation community
(executive,
legislative, judiciary)
Example Establishment and Establishment of Authority Means Unit created or abolished
operation of schools; markets and
regulations against slaughter houses; Congress By law Province, municipality,
fire and diseases; operation of or any other political
Preservation of telephone system; subdivision
public peace operation of ferry
service

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Political Law Constitutional Law I

Sangguniang By Barangays located within DE JURE MUNICIPAL CORPORATIONS

Panlalawigan ordinance its territorial jurisdiction
or De Jure Municipal Corporation are those created or recognized
Panlungsod under operation of law.

TYPES OF MUNICIPAL CORPORATIONS MUNICIPAL CORPORATION BY PRESCRIPTION

(1) De Jure Municipal Corporation Municipal Corporations by prescription are those that exercised
(2) Municipal Corporation by Prescription powers from time immemorial, with a charter which is
(3) De Facto Municipal Corporations presumed to have been lost or destroyed.

CREATION
ESSENTIAL REQUISITES
(1) Law or Ordinance
(2) Income
(3) Population Indicators
(4) Land Area
(5) Attestation from DOF, NSO, LMB & DENR
(6) Plebiscite
The central policy considerations in the creation of local
government units are economic viability, efficient
administration, and capability to deliver basic services to their
constituents. The criteria prescribed by the LGC (income,
population and land area) are all designed to accomplish this
results. (Navarro vs. Ermita, 648 SCRA 400, April 12, 2011.)
Exception: When the local government unit to be created
consists of one or more island, it is exempt from the land
area requirement if the local government unit to be
created is a municipality or a component city.
Indicators:
(1) Community has claimed and exercised corporate
functions
(2) Knowledge and acquiescence of legislature
(3) Without objection or interruption for a period long
enough to afford title by prescription
DE FACTO MUNICIPAL CORPORATION
De facto municipal corporations are those organized under
color of law, with the rights of its inhabitants dependent on the
acquiescence as much as on the regularity of origin.
Requisites:
(1) Valid law authorizing incorporation
(2) Attempt in good faith to organize under said law
(3) Colorable compliance with the law
(4) Assumption of corporate powers
ATTACK AGAINST VALIDITY OF INCORPORATIONS

Essential Requisites Attested by: A De facto Municipal Corporation’s validity of incorporation

cannot be questioned only through a quo warranto proceeding
Law or ordinance By Congress or and cannot be collaterally attacked.
Sanggunian
Verifiable Indicators By law BEGINNING OF CORPORATE EXISTENCE OF
Attestation By DOF, NSO, LMB, MUNICIPAL CORPORATIONS
DENR
Plebiscite By affected political unit General Rule: Corporate Existence starts upon the election and
qualification of its chief executive, majority of Sanggunian
VERFIABLE INDICATORS OF VIABILITY (PROJECTED members.
CAPACITY TO PROVIDE SERVICES)
Exception: Commencement is provided in the law creating it.
Verifiable Qualifications Exception
Indicators
Sufficient for essential
Income government
facilities/services
commensurate with Division and Merger
population size
Total number of
Population inhabitants in the Requirements for division and merger of LGUs are the same
territory with Creation, provided that: (Sec. 8 of the LGC)
a. Must be a. Comprised
Land Area contiguous with 2 or more (1) Division shall not reduce the income, population or
b. Must identify islands land area to less than the minimum requirement;
metes and  Must not fall below its current income classification;
bounds b. Separated - income classification shall be updated
c. Must be by another every 6 months.
sufficient to LGU
provide basic (2) Plebiscite
services and  Conducted by the COMELEC within 120 days from the
facilities date of the effectivity of the law or ordinance effecting

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Verifiable
such action, unless said law or ordinance fixes another Qualifications Provided
Indicators
date (Sec. 10, LGC).
Income Sufficient for a. Shall not be
(3) Equitable distribution of assets and liabilities; or essential government reduced to less
turnover of all property rights to the local facilities/services than minimum
government in case of fusion. commensurate with requirement
population size after division
b. Must not fall
below current
income
Methods Congress may alter or dissolve municipal classification
corporations: c. Classification be
(1) Fixing, altering, changing its boundaries; updated every 6
(2) Dividing a municipal corporation into two or more months
separate municipalities;
(3) Merging or consolidating two or more municipalities
into one; Population Total number of Shall not be reduced
(4) Annexing one municipal corporation to another; or inhabitants in the to less than minimum
(5) Repealing its charter. territory requirement after
division
DISSOLUTION

When: Income population, or land area has been irreversibly

Land Area a. Must be Shall not be reduced
reduced to less than the minimum standards.
contiguous to less than minimum
b. Must identify requirement after
1. The law abolishing it must specify which LGUs will
metes and division
be incorporated or merged (Sec. 9, LGC).
bounds
c. * Must be
sufficient to
provide basic
services and
facilities
Verifiable reduced to less abolishing the LGU
Qualifications Provided
Indicators than the minimum shall specify which
standards unit the one sought
Income Has been The law or prescribed for its to be abolished will
irreversibly ordinance creation be incorporated or
reduced to less than abolishing the LGU merged with
the minimum shall specify which
standards unit the one sought
prescribed for its to be abolished will
creation be incorporated or
merged with
Plebiscite Requirement

Population Has been The law or

irreversibly ordinance  While the Constitution mandates that the creation of local
reduced to less abolishing the LGU government units must comply with the criteria laid down
than the minimum shall specify which in the LGC, it cannot be justified to insist that the
standards unit the one sought Constitution must have to yield every amendment to the
prescribed for its to be abolished will LGC despite such amendment imminently producing
creation be incorporated or effects contrary to the original thrusts of the LGC to
merged with promote autonomy, decentralization, countryside
development, and the concomitant national growth.
(League of Cities of the Philippines vs COMELEC, GR No.
Land Area Has been The law or 176951, February 15, 2011)
irreversibly ordinance
 No conflict between the power of the President to merge
Essential Requisites administrative regions with the constitutional provision,
requiring plebiscite in the merger of local government
Law or ordinance By Congress units because the requirement of the plebiscite in a merger
Verifiable Indicators By law expressly applies only to provinces, cities, municipalities
Attestation By DOF, NSO, LMB, DENR or barangays, not to administrative regions. (Abbas vs
Plebiscite By affected political unit COMELEC, 179 SCRA 287, November 10, 1989)

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MANNER OF CREATION
Barangays
Barangay may be –
(1) Created
(2) Divided
(3) Merged
(4) Abolished
(5) Substantially alter its boundaries
How: By law or Ordinance promulgated by the Sangguniang
Panlalawigan/Panglungsod
 Recommendation by Sangguniang Bayan is necessary for
those created by the Sangguniang Panlalawigan
 Subject to plebiscite conducted by COMELEC to those
LGUs or units directly affected
“It is clear that in granting autonomy, priority is to be accorded
the smallest unit, the barangay. That enables its residents the
fullest development as a self-reliant community, with a distinct
personality of its own. Adherence to such a philosophy compels
the conclusion that when there are indications that the
inhabitants of several barangays are inclined to separate from a
parent municipality they should be allowed to so. What is more
logical than to ascertain their will in a plebiscite called for that
purpose. It is they, and they alone, who shall constitute the new
unit.” (Paredes vs Executive Secretary, 126 SCRA 6, March, 2,
1984)
 Submit to Sangguniang
Panlalawigan/Panglungsod
 Submit to Sangguniang Bayan for Metro
Manila/ other Metropolitan subdivisions
(Section 386, Local Government Code)
MUNICIPALITIES
Municipality may be –
(1) Created
(2) Divided
(3) Merged
(4) Abolished
(5) Substantially alter its boundaries
How: By an Act of Congress
 Subject to plebiscite conducted by COMELEC to those
LGUs or units directly affected
 Plebiscite shall be held within 120 days from the Act’s
effectivity.
Exception: A different period provided in the Act.
The absence of the Local Government Code at the time of its
enactment was not intended to cripple legislative competence to
create municipal corporations. Section 3, Article XI of the 1973
Constitution does not proscribe nor prohibit the modification of
territorial and political subdivisions before the enactment of the
Local Government Code. What the Constitutional provision
means is that once said Code is enacted, the creation,
modification or dissolution of local government units should
conform with the criteria thus laid down. (Torralba vs
Municipality of Sibagat, 147 SCRA 390, January 29, 1987)
Requisites for Creation

Requisites for Creation

(1) Annual Income – 2, 500,000 pesos for the last 2
consecutive years based on the 1991 constant prices.
(1) Population - 2,000 To be certified by the provincial treasurer;
To be certified by the NSO Shall include the income accruing to the general
fund of the municipality concerned, exclusive of
Exceptions: special funds, transfers and non-recurring income.
a. Cities and Municipalities in Metro
Manila/other Metropolitan political (2) Population – 25,000
subdivisions Certified by NSO
b. Highly urbanized cities – at least 5,000
inhabitants (3) Land Area – at least 50 sq. km; contiguous
c. Provided – population of the original Certified by Lands Management Bureau
barangay shall not be less than 2,000
d. Barangays in Indigenous Cultural Provided: These three requisites shall not be reduced to less
Communities than the minimum requirements at the time of creation.
e. This will be created by an act of Congress
to enhance the delivery of basic needs to Territorial Jurisdiction
them. Identified by metes and bounds; out of contiguous territories

(2) Territorial Jurisdiction Exceptions:

Identified by metes and bounds/permanent natural a. It need not be contiguous if comprised by 2 or
boundaries; out of contiguous territories. more islands
Exception: it need not be contiguous if comprised b. It need not comply with the Land Area
by 2/ more islands requirement if comprised by 1 or more islands

(3) Consolidation Plan  Existing municipalities shall continue to operate and

Prepared by the mayor/governor; exist as such.

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 Those organized pursuant to presidential (3) Population – 150, 000

issuances/executive orders shall be considered regular
municipalities. (Section 442, Local Government Code)
 Section 442(d) of the Local Government Code converted
municipal districts organized pursuant to presidential
issuances or executive orders into regular municipalities.
CITIES
City may be –
(1) Created
(2) Divided
(3) Merged
(4) Abolished
(5) Substantially alter its boundaries
How: By an Act of Congress
a. Subject to plebiscite conducted by COMELEC to
those LGUs or units directly affected
b. Plebiscite shall be held within 120 days from the Act’s
effectivity.
Certified by NSO
Provided: These three requisites shall not be reduced
to less than the minimum requirements at the time
of creation.
 Territorial Jurisdiction – identified by metes
and bounds; out of contiguous territories.
Exception: it need not be contiguous if
comprised by 2/more islands
 It need not comply with the Land Area
requirement if comprised by 1/more islands.
(Section 450, Local Government Code)
Requisites to be classified as Highly Urbanized City
(1) Annual Income – 50,000,000 pesos (latest) based on
1991 constant prices
Certified by city treasurer

Exception: a different period provided in the Act. (2) Population – 200,000

Certified by NSO

Types of Cities The President shall have the duty to declare a city as highly
urbanized within 30 days from meeting the requirements –
application and ratification in a plebiscite. (Sec. 453, Local
Component City Government Code of 1991)
Absence of requisites to be highly urbanized will make the city
PROVINCES
a component of the province in which it is located; or where it
used to be a municipality if located within a boundary. (Section
452, Local Government Code) Province may be –
(1) Created
(2) Divided
(3) Merged
Highly Urbanized City (4) Abolished
(5) Substantially alter its boundaries
Qualified Voters shall remain excluded from provincial
elections
How: By an Act of Congress
 Subject to plebiscite conducted by COMELEC to those
Exception: those who acquired the right to vote on
LGUs or units directly affected
provincial elections before the effectivity of LGC (Id.)
 Plebiscite shall be held within 120 days from the Act’s
Independent Component City (Independent from the effectivity.
province) Exception: A different period provided in the Act.
Voters shall be governed by its specific charter. (Id.)
REQUISITES FOR CREATION

1. Annual Income – 20,000,000 pesos based on 1991

Requisites for Creation of a Component City
(1) Annual Income – 20,000,000 for the last 2 consecutive
years based on 1991 prices.
 to be certified by the Department of Finance
 shall include the income accruing to the general
fund of the municipality concerned, exclusive of
special funds, transfers and non-recurring
income.
AND either:
(2) Land Area – 100 sq. km
Certified by Land Management Bureau
constant prices
Certified by DOF
Shall include the income accruing to the general fund
of the municipality concerned, exclusive of special
funds, transfers and non-recurring income.
AND either:
2. Land Area – 2,000 sq. km
Certified by Land Management Bureau
Exception: it need not be contiguous if
comprised by 2/more islands; or separated by
a chartered city which do not contribute to its
income

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3. Population – 250, 000
Certified by NSO
Provided : These three requisites shall not be
reduced to less than the minimum
requirements at the time of creation. (Section
416, Local Government Code)
 The term “region” used in its ordinary sense means two or
more provinces. Congress never intended that a single
province may constitute the autonomous region.
Otherwise, we would be faces with the absurd situation of
having two sets of provincial officials. (Ordillo vs
COMELEC, 192 SCRA 100)

 Example: RA 6734 as amended by RA 9054 (An Act

SUB-PROVINCES Providing for an Organic Act for the Autonomous Region
in Muslim Mindanao) or the “Organic Act.”
Requisite for conversion from sub-province to province
Majority vote in a plebsicite held in said sub-province and Local Land
original provinces directly affected. This shall be conducted by Government Income Population Area
COMELEC simultaneous to national elections. Unit (sq. km)
2,000
Consequences on officials Barangay - x-Metro Manila; -
 Sub-province officials shall continue holding office HUC(5,000); ICC
until June 30, 1992. Municipality 2.5 M 25,000 50
 Negative plebiscite results: President shall appoint Component
20 M 150,000 100
officials if there’s vacancy Appointees shall hold City
office until the next regular election. Highly
50 M 200,000 -
 Positive plebiscite results: President shall appoint Urbanized City
the Governor, Vice-governor and member of the Province 20 M 250,000 250
Sangguniang Panlalalwigan if there’s no one
appointed yet. Their office will last until the next
regular elections.
PRINCIPLES OF LOCAL AUTONOMY

AUTONOMOUS REGIONS The LGC declared that is shall be the policy of the State that the
territorial and political subdivisions of the State shall enjoy
genuine and meaningful local autonomy to enable them to
The Constitution provides that it shall be the President who
attain their fullest development as self-reliant communities and
will supervise the implementation of the act creating an
make them more effective partners in the attainment of national
autonomous region.
goals.
REQUISITES FOR CREATION
Toward this end, the State shall provide for a more responsive
(1) An organic act passed by the Congress
and accountable local government structure instituted through
(2) A Regional Consultative Commission
a system of decentralization whereby local government units
(representatives from multi-sectoral bodies
shall be given more powers, authority, responsibilities, and
appointed by the President) shall assist in drafting the
resources. The process of decentralization shall proceed from
act.
the national government to the local government units.
(3) It shall define the government structure (executive-
legislative)
(4) It shall provide specific courts (personal, family, and Local Autonomy Regional Autonomy
property law jurisdiction) (Section 18, Article X, 1987
Constitution) Break up monopoly of the Cede some powers of the
(5) It shall provide legislative powers over: National Government over National Government to the
 Administrative organization affairs of local government Autonomous Government
 Creation of sources of revenues to effectuate a veritable
 Ancestral domain and natural resources autonomy (Disomangcop v.
 Personal, family and property relations Datumanong)
 Regional urban and rural planning
development Permit certain groups with
 Economic, social, and tourism development common tradition and
 Educational policies shared social-cultural
 Preservation and development of cultural character powers of the
heritage National Government.
 Other matters authorized by law for the
promotion of general welfare (Section 20,
Article X, 1987 Constitution)
(6) Plebiscite Autonomy is relative
Provided : only provinces, cities, and
“Municipal governments are only agents of the national
geographical areas voting favorably shall be
government. Local councils exercise only delegated legislative
included. (Section 18, supra)
powers conferred on them by Congress as the national law

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making body. The delegate cannot be superior to the principal
or exercise powers higher than those of the latter. It is a heresy
to suggest that local government units can undo the acts of
Congress, from which they have derived their power in the first
place, and negate by mere ordinance the mandate of the
stature.” (Magtajas vs Pryce Propertes Corporation 232 SCCRA
255 (1994))
“When indeed the Constitution has expanded the autonomy of
local governments, they have not been thereby made imperium
in imperio. Congress may still impose limits on their powers.
Thus they may not violate the statutory limits on their powers.”
(Tan vs Pereña, GR No. 149743, February 18, 2005)
Decentralization of Administration
The central government delegates administrative powers to
political subdivisions in order to broaden the base of
government power and in the process make local governments
“more responsive and accountable”. It relieves the central
government of the burden of managing local affairs and enables
it to concentrate on national concerns.
Decentralization of Power
(Political Decentralization)
Involves abdication of political power in favor of LGU’s
declared autonomous. (Limbona vs. Mangelin, 170 SCRA 786)
Forms of decentralization
Devolution
It is the transfer of power and authority from the national
government to LGUs as the territorial and political subdivisions
of the State. The nature of power transfer is political and the
approach is territorial or areal.
Deconcentration
It is the transfer of power, authority or responsibility, or the
discretion to plan, decide and manage from central point or
local levels, but within the central or national government itself.
The nature of the transfer is administrative and the approach is
sectoral.
Debureaucratization
It is the transfer of some public functions and responsibilities,
which the government may perform, to private entities or non-
governmental organizations; it is people’s empowerment or
participation in local governance.
Decentralization means devolution of national administration,
but not power, to the local levels. There’s decentralization of
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power (III, A) and decentralization of administration. (Ganzon
vs CA, GR No. 93252, August 5, 2011)
Operative Principles of Decentralization
(1) Effective allocation of powers, responsibilities and
resources among different local government units;
(2) An accountable, efficient, and dynamic organizational
structure and operating mechanism that will meet the
priority needs and service requirements of each
community;
(3) Local officials and employees paid wholly or mainly
from local funds shall be appointed or removed,
according to merit and fitness, by the appointing
authority;
(4) The vesting of duty, responsibility, and accountability in
local government units shall be accompanied with
provision for reasonably adequate resources to
discharge their powers and effectively carry out their
functions: hence, they shall have the power to create and
broaden their own sources of revenue and the right to a
just share in national taxes and an equitable share in the
proceeds of the utilization and development of the
national wealth within their respective areas;
(5) Provinces/cities shall ensure that the acts of their
component units are within the scope of their prescribed
powers and functions;
(6) LGUs may group themselves, consolidate or coordinate
their efforts, services, and resources commonly
beneficial to them;
(7) The capabilities of local government units, especially the
municipalities and barangays, shall be enhanced by
providing them with opportunities to participate
actively in the implementation of national programs and
projects;
(8) A continuing mechanism to enhance local autonomy by
legislative acts, administrative and organizational
reforms;
(9) LGUs shall share with the national government the
responsibility in the management/ maintenance of
ecological balance within their territorial jurisdiction;
(10) Effective mechanisms for ensuring the accountability of
LGUs to their constituents shall be strengthened to
upgrade the quality of local leadership;
(11) Facilitated by improved coordination of national
government policies and programs as an extension of
adequate technical and material assistance to less
developed local government units;
(12) Private sector participation (delivery of basic services) in
local governance shall be encouraged to ensure local
autonomy as an alternative for sustainable development;
and
(13) 13 National government shall ensure that
decentralization contributes to the continuing
improvement of LGUs and the quality of community life.
(Section 3, Local Government Code)
Features of Local government units
 Sensitive to the needs of the locality
Through initiative and referendum
 Accountable to the electorate of the locality
162
Political Law
Through recall
 Freed from central government interference
(Bernas, pp 1117-1118)
Powers devolved to the Local Government Unit
(1) Public Works
a. Distributed responsibility on Roads
(2) Health
a. Maintenance of health and day-care centers
b. Delivery of health care services
c. Establishment and operation of hospitals
(3) Agriculture
a. Conservation projects
b. Agricultural support services
c. Jurisdiction over cooperatives
(4) Social Welfare
(5) Certain Tourism functions
(6) Construction of School Buildings and Facilities
(7) Local Taxation
 Increase in tax share
 Increase in taxing power
 Common revenue powers among province,
municipality, city, and barangay (e.g. Toll
fees)
(8) Distribution of Shares from Natural Resources
(Rodriguez, pp 31-36)
Control and Supervision, distinguished
Control
Power of an officer to alter or modify or nullify or set aside what
a subordinate officer ha[s] done in the performance of his duties
and to substitute the judgment of the former for that of the latter.
 Officers in control lay down the rules in the performance
or accomplishment of an act. If these rules are not followed,
they may, in their discretion, order the act undone or
redone by their subordinates or even decide to do it
themselves.
Supervision
Power of mere oversight over an inferior body.
 Supervising officials merely see to it that the rules are
followed, but they themselves do not lay down such rules,
nor do they have the discretion to modify or replace them.
POWERS OF LOCAL GOVERNMENT UNITS
POLICE POWER (GENERAL WELFARE CLAUSE)
The power inherent in the State to regulate liberty and property
for the promotion of the general welfare.
Police power is the plenary power vested in the legislature to
make, ordain, and establish wholesome and reasonable laws,
statutes and ordinances, not repugnant to the Constitution, for
the good and welfare of the people.
Power to prescribe regulations flows from the recognition that
the welfare of the people is the supreme law.
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Purpose of Police Power
(1) To promote the general welfare, comfort and
convenience of the people;
(2) To promote and preserve public health
(3) To protect public morals
General Rule: The general welfare provisions shall be liberally
interpreted to give more powers to LGU in accelerating
economic development and upgrading the quality of life for the
people in the community
Limitation in Exercise of Police Power
An ordinance enacted by virtue of the general welfare clause is
valid
Exception:
a. If it contravenes the fundamental law of the
Philippine Islands,
b. An Act of the Philippine Legislature,
c. Against public policy,
d. Is unreasonable, oppressive, partial,
discriminating, or in derogation of common
right (Batangas CATV v CA, G.R. no. 138810).
Based on the hierarchy of constitutionally protected rights, the
right to life enjoys precedence over the right to property. The
reason is obvious: life is irreplaceable, property is not. When the
state or LGU’s exercise of police power clashes with a few
individuals’ right to property, the former should prevail. (Social
Justice Society v Atienza, G.R. no. 187836).
Test for Valid Exercise of Police Power
1. The interests of the public, not a mere particular class,
require the exercise of police power (Lawful subject)
2. The means employed is reasonably necessary for the
accomplishment of the purpose and not unduly oppressive
to individuals (Lawful Means)
Power to issue license and permits
Issuance of license is regulatory rather than an exercise of
taxation.
Kinds of Licenses:
 Regulation of Useful Occupation
 Regulation of Non-Useful Occupation
 Exception: For Revenue purposes
A license tax for regulation is not a tax on property but rather a
burden imposed for the right to exercise a franchise or privilege
of which the holder may not be deprived without due process
and when public interest so require.
i. While it is true that the matter of determining whether
there is a pollution in the environment that requires control
if not prohibition of the operation of a business, is
essentially addressed to the Environmental Management
Bureau of DENR, it must be recognized that the mayor of
a town has as much responsibility to protect its inhabitants
from pollution and by virtue of his police power, he may
deny the application of permit to operate business (the
mayor here has factual basis). (Technology Developers,
Inc. vs CA, GR No. 94759, January 21, 1991)
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ii. But if the basis for issuance of permit to operate business is
a special law, the latter shall govern over the Local
Government Code. A general law cannot repeal a special
law. (Laguna Lake Development Authority vs CA, GR No.
120865-71, December 7, 1995.)
Power to issue permits for rallies (BP 880, The Public Assembly
Act of 1985)
 “No permit, no rally” rule is constitutional. While the
freedom of speech and assembly were recognized by
the court, such rights are not absolute. It is regulated
by police power in promoting health, morals, peace,
education, good order or safety, and general welfare
of the people. (Bayan vs Ermita, GR No. 169838, April
25, 2006)
Abatement of Nuisance
A Public Nuisance may be abated by a:
(1) Prosecution (Penal Code or other laws)
(2) Civil Action
(3) Extrajudicial Abatement
Private Nuisance would only allow 2 and 3. But in case it’s a
private nuisance, the following rules will still apply.
a. District health officer – to ensure that one or all the
remedies for public nuisance are availed of. He shall also
determine whether an extrajudicial abatement is the best
remedy.
b. Local Police – assist in executing the abatement
Who can commence an action
 City/Municipal Mayor – he shall commence the action if
the civil action is for the maintenance of a public nuisance
 Private person – if the public nuisance is specially injurious
to himself, he may abate by:
- Availing the remedies cited above
- Removing or destroying the thing without
committing breach of peace or doing unnecessary
injury. BUT:
 There’s a demand to the owner/possessor
(of the nuisance)
 Rejected demand
 Health officer and police executed their
duties (see above)
 Value of destruction is less than 3,000 PhP.
Nuisance per se is a nuisance under any and all circumstances
while nuisance per accidens becomes such under certain
conditions and circumstances. (Aquino, T., Torts and Damages,
2005, p. 746 citing Salao vs Santos.)
 The Mayor cannot claim authority to summarily abate
nuisance under the General Welfare Clause of LGC. This
only applies to nuisance per se or one which affects the
immediate safety of persons and property and may be
summarily abated under the undefined law of necessity.
(Estate of Gregorio Francisco vs CA, GR No. 95279, July
25, 1991)
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KATARUNGANG PAMBARANGAY
(Section 399-422, Local Government Code)
Barangay based dispute settlement mechanism
Lupong Tagapamayapa
Shall exercise administrative supervison over conciliation
matters.
(1) Composition: Punong Barangay/Lupon Chairman and 10-
20 members
(2) Punong Barangay shall appoint or accept
recommendations for members 10 days after 3-weeks
notice (with list of names), which shall be made 15 days
from commencement of office.
(3) A member’s term will end on the 3rd year from his
appointment.
(4) The Barangay secretary shall also be the Lupon secretary
Pangkat Tagapagkasundo
3 members from Lupon shall be chosen by the parties (to a
dispute) to conciliate. If there’s no agreement, the Chairman
shall draw lots.
 Two of the 3 members shall be the chairman and the
secretary. Secretary shall prepare the minutes of Pangkat
proceedings (attested to by the Chairman to the Lupon
Secretary and proper court i.e. MTC).
 Notices shall be served to the parties and certified true
copies of public record (except confidential records) shall
be issued.
GENERAL RULE AND EXCEPTIONS ON THE POWER OF
THE LUPONG TAGAPAMAYAPA
GENERAL RULE: The Lupon shall have the authority to bring
together parties residing in the same city/municipality for
amicable settlement of all disputes.
EXCEPTIONS:
(1) One party is the government/subdivision/instrumentality
(2) One party is a public officer disputing his performance of
official functions
(3) offenses punishable by imprisonment more than 1 year or
fine more than 5,000
(4) No private offended party
(5) Real properties located in different cities/municipalities
(6) UNLESS, parties agreed to submit to Lupon
(7) Parties residing in different cities UNLESS, their barangays
are adjoing and they agreed to submit
(8) Other matters suggested by President or Sec. of Justice
Which Lupon?
Venue: Same Barangay, Same Lupon
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Different Barangays but same City: Where the respondent
resides at complainant’s election
Real Property: In its location or where the larger portion is.
Workplace/Institution: Location of such place.
GENERAL RULE AND EXCEPTIONS ON REQUISITE
CONCILIATION AND SETTLEMENT BEFORE THE
LUPON
GENERAL RULE: No complaint, petition, action, or
proceeding involving any matter within the authority of the
lupon shall be filed or instituted directly in court or any other
government office for adjudication.
EXCEPTIONS:
(1) No settlement was reached after confrontation of the
parties before the lupon chairman or the pangkat
(2) Accused is under detention
(3) Deprivation of personal liberty (Habeas Corpus)
(4) Actions with Provisional Remedies (Preliminary
Injunction etc.)
(5) Statute of Limitations
 There is no need of prior referral of the dispute to the
barangay lupon or pangkat in the absence of showing in
the complaint itself that the parties reside in the same city
or municipality. (Boleyley vs Villanueva, GR No. 128734,
September 14, 1999)
 The conciliation process is not a jurisdictional requirement,
so that non-compliance therewith cannot affect the
jurisdiction which the court has otherwise acquired over
the subject matter. (Aquino vs Aure, GR No. 15356)
EMINENT DOMAIN
The power to expropriate private property has been delegated
by Congress to LGUs under Section 19, LGC. The exercise by
LGUs of the power of eminent domain are subject to the usual
constitutional limitations such as necessity, private property,
taking, public use, just compensation and due process of law.
Eminent Domain is the inherent right of the State to condemn or
to take private property for public use upon payment of just
compensation while police power is the power of the state to
promote public welfare by restraining and regulating the use of
liberty and property without compensation.
The determination of whether there is genuine necessity for the
exercise of the power of eminent domain is a justiciable question
when exercised by the LGUs and generally a political question
when exercised by Congress.
Requirements of Eminent Domain
(1) Taking of property
(2) For public use/purpose
(3) With just compensation
Note: Can the LGU enter the property? YES.
(1) Upon filing of expropriation proceedings; and
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(2) Upon making a deposit.
The principle of res judicata does not apply in eminent domain
cases. (Moday v. CA)
When Private Property is Taken
(1) Expropriator must enter into private property
(2) For more than a momentary period
(3) Entry into property should be under warrant of color or
legal authority
(4) Property must be devoted to a public use or informally
appropriated or injuriously affected
(5) Utilization of the property for public use must be in such a
way as to oust the owner and deprive him of all beneficial
enjoyment of the property
(Heirs of Mateo Pidacan and Romana Eigo v. Air
Transportation Office, G.R. No. 162779, 15 June 2007)
EMINENT DOMAIN REQUISITE BY AN LGU:
(1) An ordinance [not a mere resolution]is enacted by the local
legislative council authorizing the local Chief Executive to
exercise the power of eminent domain;
(2) The power is exercised for public use, purpose or welfare,
or for the benefit of the poor and the landless;
(3) There is payment of just compensation based on the fair
market value of the property at the time of taking; and,
(4) A valid and definite offer was previously made to the
owner of the property, but the offer was not accepted
(Municipality of Paranaque v V.M Realty Corporation,
G.R. no. 127820)
A LGU may exercise the power to expropriate private property
only when authorized by Congress and subject to the latter’s
control and restraints, imposed through the law conferring the
power or in other legislations.
Just compensation is to be determined at the time of actual
taking.
 LGC should prevail over Rules of Court. Thus,
General Rule is DATE OF FILING OF COMPLAINT;
 Exception is DATE OF ACTUAL TAKING.
TAXING POWER
GENERAL RULE, EXCEPTION, AND EXCEPTION TO THE
EXCEPTION ON THE RULES OF INTERPRETATION
In case of doubt, any tax ordinance or revenue measure shall
be construed strictly against the LGU enacting it, and liberally
in favor of the taxpayer.
Any tax exemption, incentive or relief granted by any LGU
shall be construed strictly against the person claiming it.
Exception (to being in favor to LGU): STRICTLY
AGAINST LGU; liberally in favor of Taxpayer
Exception to the exception: STRICTLY AGAINST
THE TAX PAYER – if he’s claiming exemption
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Each local government unit shall have the power to create its CLOSURE AND OPENING OF ROADS
own sources of revenues and to levy taxes, fees and charges
subject to such guidelines and limitations as the Congress may A municipality has the unassailable authority to:
provide, consistent with the basic policy of local autonomy. • prepare and adopt a land use map
Such taxes, fees, and charges shall accrue exclusively to the local • promulgate a zoning ordinance which may consider,
governments. (Sec. 5, Art. X, 1987 Constitution among other things, the municipal roads to be constructed,
maintained, improved or repaired
The basic rationale for the current rule is to safeguard the • close any municipal road
viability and self-sufficiency of local government units by
directly granting them general and broad tax powers. A road may be:
a) permanently closed
The Constitutional objective obviously is to ensure that, while b) temporarily closed
local government units are being strengthened and made more c) opened
autonomous, the legislature must still see to it that:
(1) the taxpayer will not be over-burdened or saddled with Types (must be within jurisdiction and through and ordinance):
multiple and unreasonable impositions; a) local road
(2) each local government unit will have its fair share of b) alley
available resources; c) park
(3) the resources of the national government will not be d) square
unduly disturbed; and
(4) local taxation will be fair, uniform, and just. Requisites for Permanent closure:
(1) The ordinance must be approved by 2/3 of Sanggunian
Fundamental Principles: (Section 130, Local Government (2) Provisions for public safety
Code) (3) A substitute for public facility shall be provided when
 Uniformity within the territorial jurisdiction necessary
 Equitable – as far as practicable on the ability to pay; for (4) May be used or conveyed for any purpose (like how
public purposes; not unjust, excessive, oprressive or LGUs legally dispose their property)
confiscatory; not contrary to law, public policy, national (5) Qualify: FREEDOM PARK – there must be a provision on
economic policy, or in restraint of trade its relocation
 Shall not be left to any private person
 Solely for the benefit of the LGU Temporary Closure:
 Progressive When:
• Actual emergency
Sources of Revenues • Fiesta celebrations
(1) Under the Constitution • Public rallies
 taxes, fees and charges (Section 5, Art. X) • Agricultural or industrial fairs
 share in the national taxes- Internal Revenue • Undertaking of public works and highways,
Allotment telecommunications, and waterworks projects
• Shopping malls, Sunday, flea or night markets, or
 share in the proceeds of the utilization and
shopping areas may be established and where goods,
development of the national wealth within their
merchandise, foodstuffs, commodities, or articles of
areas (Section 7, Art. X)
commerce may be sold to the public.
(2) Under the Local Government Code
(3) floating of bonds - Duration shall be specified by the local chief
executive in a written order
(4) grants/aids
- ATHLETIC, CULTURAL, CIVIC ACTIVITIES –
must be officially
Local Governments being mere agents of the State, have no
sponsored/recognized/approved by the LGU
power to tax instrumentalities of the National Governments.
PAGCOR being an instrumentality of the State is therefore
Opening:
exempt from local taxation. This is in consonance to the
doctrine of State supremacy over local governments.  Provincial roads and city streets are property for public use
under Art. 424 of the Civil Code, hence under the absolute
Share of LGUs in national taxes: control of Congress. They are outside the commerce of man
40% on the Internal Revenue and cannot be disposed of to private persons.
Provinces and Cities – 23%  The properties of provinces, cities, and municipalities are
Municipalities – 34% divided into property for public use and patrimonial
Barangays – 20% property. Those properties for public use and made
20% of each allocation should be for development projects available to the public in general are outside the commerce
of man and cannot be disposed of or leased by the local
RA 7160 removed the tax exemptions of some corporations thus government unit to private persons.
placing them under the taxing authority of local governments.
Since, however, the power of local governments to tax is subject LEGISLATIVE POWER
to limitations imposed by Congress, exemptions granted by
Congress after RA7160 bind local governments. Products of legislative action
(1) Ordinance - prescribes a rule of conduct.

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(2) Resolution - of temporary character, or expresses
sentiment.
The power to enact ordinances carries with it the power to
change or repeal them
Provided: vested rights are not thereby impaired and
repeals are valid only when passed in a certain manner
which should be definite and should relate specifically to
the ordinance which should be repealed.
Congress has an implied power to repeal any municipal
ordinance either in express terms or by necessary implication
for the rule is that, if the subsequent statute is necessarily
repugnant to an ordinance and the intention to repeal it is
obvious, then the ordinance is thereby impliedly repealed.
Jurisdiction on cases involving validity of a municipal
ordinance:
• Provincial board – has the authority to
disapprove an ordinance within its jurisdiction
on one ground: ordinance is not within the
powers granted by the charter.
• Court of First Instance – Civil Action case to
question the validity
• Supreme Court – appellate jurisdiction
Requisites for Valid Ordinance
(1) Must not contravene the Constitution and 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
(City of Manila v. Laguio, Jr, G.R. No. 118127, April 12,
2005)
Rationale that ordinances should not contravene a statute:
Governments are only agents of the national government. Local
councils exercise only delegated legislative powers conferred on
them by Congress as the national lawmaking body. The
delegate cannot be superior to the principal or exercise powers
higher than those of the latter. It is a heresy to suggest that the
local government units can undo the acts of Congress, from
which they have derived their power in the first place, and
negate by mere ordinance the mandate of the statute. (Magtajas
vs Pryce Properties Corp., Inc., 234 SCRA 255, July 20, 1994)
 Local Ordinances cannot overcome Presidential
Decree prohibiting the confiscation of license plate
and driver’s license. (Solicitor General vs
Metropolitan Manila Authority, GR No. 102782,
December 11, 1991)
Approval-Veto
Local chief executive affixes his signature on each page.
If the local chief executive vetoes, it may be overridden by 2/3
vote of all Sanggunian members;
 Grounds for veto: ordinance is ultra vires or prejudicial to
public welfare
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 Veto on particular item/s of appropriation for ordinance,
adoption of local development plan and public investment
plan, or ordinance directing payment of money or creating
liability
 Veto only once
 Veto communicated to Sanggunian 15 days (province) and
10 days (city/municipality); otherwise the ordinance shall
be deemed approved
Exception: BARANGAY CHAIRMAN – no veto power;
he shall sign upon the approval of the majority of
Sangguniang Barangay (Section 54-55, Local Government
Code)
Where petitioner was charged with falsification of a public
document for approving a resolution which purportedly
appropriated money to pay for the terminal leave of 2
employees when actually no such resolution was passed, the
petitioner argued that his signature on the resolution was
merely ministerial. The Supreme Court disagreed, saying that
the grant of the veto power accords the Mayor the discretion
whether or not to approve the resolution. (De Los Reyes vs
Sandiganbayan, G.R. No. 121215, November 13, 1997)
Review
(a) The sangguniang panlalawigan shall review
ordinances and resolution of cities and municipalities
to determine if they are within their power. (Section
56, Local Government Code)
How:
Within 3 days after approval, the secretary
of the sangguniang panlungsod (in component cities)
or sangguniang bayan shall forward to the
sangguniang panlalawigan for review copies of
approved ordinances and resolutions approving the
local development plans and public investment
programs formulated by the local development
councils. The sangguniang panlalawigan shall
review the same within 30 days; if it finds that the
ordinance or resolution is beyond the power
conferred upon the sangguniang panlungsod or
sangguniang bayan concerned, it shall declare such
ordinance or resolution invalid in whole or in part. If
no action is taken within 30 days, the ordinance or
resolution is presumed consistent with law, and
therefore, valid.
(b) The sangguniang panlungsod or bayan shall review
sangguniang barangay ordinances to determine if
they are lawful. (Section 57, Local Government Code)
How:
Within 10 days from enactment, the
sangguniang barangay shall furnish copies of all
barangay ordinances to the sangguniang panlungsod
or sangguniang bayan for review. If the reviewing
sanggunian finds the barangay ordinances
inconsistent with law or city or municipal ordinances,
the sangguniang concerned shall, within 30 days from
receipt thereof, return the same with its comments
and recommendations to the sangguniang barangay
for adjustment, amendment or modification, in which
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case the effetivity of the ordinance is suspended until
the revision called for is effected. If no action is taken
by the sangguniang panlungsod or sangguniang
bayan within 30 days, the ordinance is deemed
approved.
Rules to be observed in VOTING:
Two-Thirds (2/3) Vote Required
 Extending loans or entering into contracts;
 Issuance of bonds or securities;
 Authorizing the lease of public property;
 Grant of franchises;
 Creation of LGU liability or indebtedness
 Over-ride the veto of the Mayor;
 Grant of tax exemptions;
 Levy of taxes;
 Discipline / suspend a member of the sanggunian;
 Opening or closing of roads;
 Selection and transfer of government site or offices;
and
 Concurrence in the appointment of personnel
1. (DILG Opinion No. 107-2003, dated 15 August 2003)
To change the name of public structure will historical, cultural
and ethnic significance, a UNANIMOUS vote is required.
Local Initiative and Referendum
Local Initiative
It is the legal process whereby the registered voters of a local
government unit may directly propse, enact or amend any
ordinance. It may be exercised by all registered voters of the
provinces, cities, municipalities and barangays.
(a) Can be exercised only once a year
(b) Shall extend only to matters within the powers of the
Sanggunian
(c) If at any time before the initiative is held, the
Sanggunian concerned adopts in toto the proposition
presented and the local chief executive approves the
same, the initiative shall be cancelled. However those
against such action may apply for initiative in the
manner provided by law
Local Referendum
The legal process whereby the registered voters of the local
government units may approve, amend or reject any ordinance.
a. COMELEC shall hold and direct:
a. Provinces – 60 days
b. Municipalities – 45 days
c. Barangays – 30 days
CORPORATE POWERS
Corporate Powers:
 To have continuous succession in its corporate name
 To acquire, hold and convey real or personal property
 To borrow money
 To issue municipal bonds
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 To have and use a corporate seal
 LGUs may continue using, modify, or change their
existing corporate seals.
 Newly established LGU/those without corporate
seals:
- may create their own corporate seals which shall
be registered with the DILG
- Any change of corporate seal shall also be
registered.
 To enter into contracts
 Appropriate and spend money only for public purposes
 To sue and be sued
To sue and be sued
GENERAL RULE AND EXCEPTION ON THE RULE OF
PRIVATE LAWYERS REPRESENTING MUNICIPALITIES
Private lawyers may not represent municipalities on their own,
and neither may they do so even in collaboration with
authorized government lawyers. Only the provincial fiscal,
provincial attorney, and municipal attorney should represent a
municipality in lawsuits.
Exception: May expressly adopt the work already
performed in good faith by such private lawyer, which
work is beneficial to it
Exception to the exception:
b. No injustice is made to the adverse party
c. No compensation in any guise is paid to the private
lawyer (Ramos vs CA, G.R. No. 99425, March 3, 1997)
To acquire and sell property
(1) The local government unit may acquire real or personal,
tangible or intangible property, in any manner allowed by
law, e.g., sale, donation, etc.
(2) The local government unit may alienate only patrimonial
property, upon proper authority.
(3) In the absence of proof that the property was acquired
through corporate or private funds, the presumption is
that it came from the State upon the creation of the
municipality and, thus, is governmental or public
property. (Salas vs Jarencio, 48 SCRA 734, August 30,
1972))
(4) Town plazas are properties of public dominion; they may
be occupied temporarily, but only for the duration of an
emergency. (Espiritu vs Municipal Council of Pozorrubio,
Pangasinan, 102 Phil 866, January 21, 1958)
(5) A public plaza is beyond the commerce of man, and cannot
be the subject of lease or other contractual undertaking.
And, even assuming the existence of a valid lease of the
public plaza or part thereof, the municipal resolution
effectively terminated the agreement, for it is settled that
the police power cannot be surrendered or bargained away
through the medium of a contract. (Villanueva vs
Castaneda, 154 SCRA 142, February 27, 1969)
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To enter into contracts
Rules of Interpretation:
Rights and obligations already existing and arising out of
contracts or any other source of presentation involving a local
government unit shall be governed by the original terms and
conditions of said contracts or the law in force at the time such
rights were vested (Section 5, Local Government Code)
General Rule: Contracts entered into by the LGU shall be
governed by the stipulations of the contract or the law in force
at the time rights and obligations arose
Requisites
(1) The LGU has the express, implied or inherent power to enter
into the particular contract.
(2) The contract is entered into by the proper department,
board, committee, officer or agent.
a. Unless otherwise provided by the Code, no contract
may be entered into by the local chief executive on
behalf of the local government unit without prior
authorization by the sanggunian concerned.
(3) The contract must comply with certain substantive
requirements.
(4) The contract must comply with the formal requirements of
written contracts, e.g., the Statute of Frauds.
(5) Those entered into by the local chief executive shall require
a prior authorization from Sanggunian
Ultra Vires contracts
When a contract is entered into without compliance with the
substantive requirements and has no inherent power, the same
is ULTRA VIRES and is null and void. Such contract cannot be
ratified or validated. Ratification of defective municipal
contracts is possible only when there is non-compliance with the
second and/or fourth requirements above. Ratification may be
express or implied.
Local Chief Executive may negotiate and secure financial
grants or donation in kind:
1. Upon authority of the Sanggunian
2. In support of the basic services and facilities
enumerated under Section 17 (Basic Services and
Facilities)
3. From local and foreign assistance agencies without
necessity of securing clearance or approval from any
department, agency, or office of the national
government or from any higher local government
unit
a. Projects financed by such grants with
national security implications shall be
approved by the national agency
concerned.
i. When such national agency fails
to act within 30 days from
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receipt, it shall be deemed
approved
4. The local chief executive shall, within 30 days, upon
signing of such grant agreement or deed of donation,
report the nature, amount, and terms of such
assistance to both Houses of Congress and the
President.
LIABILITIES OF LGUs
Liability for Tort
Public or Government Functions. The local government unit
engaged in governmental functions, it is NOT liable for the acts
of its officers or agents in the performance of its governmental
functions. This is based on the sovereign character of the state
and its agencies. (Rodriguez, R.B., The Local Government Code
of 1991: Annotated, p105)
Corporate, Private or Propriety Functions
If engaged in proprietary functions, local government unit is
liable. The LGU is to be regarded as a private corporation or
individual as to its liability to third persons on contract or in
tort.
Test to determine if Public or Private function
 The true test is where the public corporation is performing
governmental functions as an agency of the state, it shares
the state’s exemption from tort liability; where it is
attending to what primarily are local matters, it is liable.
(Mendoza vs. de Leon, 33 Phil 508)
 Holding of town fiesta is a proprietary function. The
Municipality of Malasique, Pangasinan, was held liable for
the death of a member of the zarzuela group when the
stage collapsed, the councilors themselves are not liable for
the negligence of their employees or agents. A municipal
corporation exercising propriety functions is on the same
footing as a private corporation. Its governing board or
municipal council is not liable solidarily for acts committed
by its employees unless there is bad faith or wanton
negligence on their part. (Torio vs. Fontanilla, 85 SCRA
599)
 Personal Liability of local officials
Liability for Violation of Law
 The Municipality of Bunawan, Agusan del Sur, through
the Mayor, was held in contempt and fined P1,000.00 with
a warning, because of the refusal of the Mayor to abide by
a Temporary Restraining Order issued by the Court.
(Moday vs. CA, 243 SCRA 152)
Liability for Contracts
Ultra Vires
General Rule: A municipal corporation, like an ordinary
person, is liable on a contract it enters into, provided that the
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contract is intra vires. If the contract is ultra vires, the
municipal corporation is not liable.
 A private individual who deals with a municipal
corporation is imputed constructive knowledge of the
extent of the power or authority of the municipal
corporation to enter into contracts.
 Ordinarily, the doctrine of estoppel does not lie against
municipal corporation.
Doctrine of Implied Municipal Liability
The doctrine applies to all cases where money or property of a
party is received under such circumstances that the general
law, independent of an express contract, implies an obligation
to do justice with respect to the same.
A municipality may become obligated upon an implied
contract to pay the reasonable value of the benefits accepted or
appropriated by it as to which it has the general power to
contract. (Province of Cebu vs. IAC, 147 SCRA 447)
The President shall DIRECTLY SUPERVISE:
Provinces  Component Cities
and Municipalities  Barangay
(Section 29&32, Local Government Code)
Provincial/City Supervision:
a. Review of Executive Orders
(Section 30, Local Government Code –
submit 3 days from issuance and 30 days to
decide on. Otherwise EO is deemed valid.)
b. Submission of legal questions to higher
LGU’s legal official
(Section 31, Local Government Code)
o Highly Urbanized Cities
o Independent Component Cities
o Autonomous Regions (CAR and ARMM)
(Section 16, Article X, 1987 Constitution)
*LGUs can consolidate and coordinate among
themselves (Section 33, Local Government Code)
LGUs may request for financial or technical assistance from the
President. The latter shall direct the appropriate agency with
no extra cost burdened on the LGU.

SETTLEMENT OF BOUNDARY DISPUTES National Agencies shall coordinate and consult (Section 2 (c)
and Section 27, Local Government Code) with LGUs through
PROCEDURE their branches to ensure their participation in project
(1) Disputes on boundary settlements shall be brought to the implementation. This is important as national agencies also
respective Sanggunian: have the duty to maintain ecological balance. (Section 26, Local
DISPUTING UNITS SANGGUNIAN Government Code)

Baranggays in the  Sangguninang Panlungsod People’s organizations and NGOs also has a role in promoting
same city or or autonomy and so LGUs are encouraged to ensure the
municipality  Sangguninang Bayan establishment, create linkages and provide assistance to such
NGOs. (Section 34-36, Local Government Code)

Municipalities in the  Sangguninang Congress has the power to control: creation/division/merger,

same province Panlalawigan qualifications of officials, share in the national taxes
Municipalities or  JOINTLY referred in the
component cities of Sanggunian of the President and its agencies have the power to supervise:
different provinces provinces involved suspension of officials, oversight, investigation
Component city or  JOINTLY referred for
municipality settlement to the (4) Control is the power of an officer to alter, modify, nullify
AND Sanggunian of the parties, or set aside what a subordinate officer had done in the
Highly urbanized cities respectively performance of his duties and to substitute the judgment
of the former for test of the latter.
(2) If the Sanggunian is unable to bring amicable settlement
Supervision is overseeing or the power/authority of an
within 60 days, it must issue a certification stating so. The
officer to see that subordinate officers perform their duties.
60 days begin from the date of referral of the dispute.
(Ganzon vs CA, GR No. 93252, August 5, 1991 citing
(3) The Sanggunian will then try the dispute and decide
Mondano vs Silvosa)
within 60 days from the date of issuing a certification.
(4) Any of the parties may appeal the decision of the
(5) Investigating is consistent with overseeing, although it is
Sanggunian to the RTC with jurisdiction on the area.
a lesser power than “altering”. Previous jurisprudence did
(5) The RTC will decide the appeal within 1 year from the
not categorically ban the Chief Executive from exercising
filing.
acts of disciplinary authority not because she did not
(6) The disputed area will be maintained and continued as it
exercise control powers, but because no law allowed her to
is while pending the case resolution.
exercise disciplinary authority. (Ganzon vs CA, supra)

(6) Secretary of Justice to review only the constitutionality or

Power of General Supervision
The President shall exercise general supervision over the local
government units to see to it that acts of local officials are
within their prescribed powers and functions.
legality of the tax ordinance and, if warranted, to revoke it
on either or both of these grounds. When he alters or
modifies or sets aside a tax ordinance, he is not also
permitted to substitute his own judgment for the judgment
of the local government that enacted the measure. (Drilon
vs Lim, GR No. 112497, August 4, 1994)

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Term and Manner of Election

(7) An administrative order does not apply to LGUs but only
to government offices/agencies and GOCCs which are
under the control of the President. (Province of Negros (Section 41-43, Local Government Code)
Occidental vs COA, GR No. 182574, September 28, 2010)

ELECTED AT LARGE BY QUALIFIED VOTERS

(1) Governor
(2) Vice Governor
(3) City Mayor
(4) City Vice Mayor
(5) Municipal Mayor
(6) Municipal Vice Mayor
(7) Punong Barangay
(8) Sangguniang Barangay
LOCAL OFFICIALS

Qualifications and Disqualifications of Elective Local ELECTED BY DISTRICT

Official (1) Sangguniang Panlalawigan
(2) Sangguniang Panlungsod
Qualifications Disqualifications (3) Sangguniang Bayan
1. Filipino Citizen 1. Sentenced by final
2. Registered voter in the judgment: Elected by registered voters of Katipunan ng Kabataan (which
respective LGU or 2. offenses involving moral is per chapter): Sangguniang Kabataan
district (Sanggunian turpitude
Member) 3. offense punishable by 1
3. Resident for at least 1 year imprisonment (or THE SANGGUNIAN MUST HAVE:
year more) within 2 year after (1) 1 sectoral representative from the women
4. able to read and write in service of sentence (2) 1 sectoral representative from the workers
Filipino/local 4. removed from office due (3) 1 sectoral representation from any: urban poor, indigenous
dialect/language to an administrative case cultural communities, disabled persons, other sector ->
5. Age Requirement: 5. convicted by final (deemed by the Sanggunian within 90 days prior the next
6. Governor, Vice judgment; violation of local elections)
Governor of Provinces; oath of allegiance
Mayor, Vice Mayor, 6. dual citizenship
Sangguniang 7. fugitives; criminal or
NEED NOT BE ELECTED
Panglungsod of HUC– non-political; here or
23 y/o abroad  President of Leagues of Sanggunian Members of
7. Mayor, Vice Mayor of 8. permanent resident component cities – ex officio members of Sangguniang
ICC, Component Cities abroad/continues to Panlalawigan
and Municipalities – 21 avail an acquired right to  President of Liga ng mga Barangay and Pederasyon ng
y/o reside abroad mga Sangguniang Kabataan – ex officio members of
8. Sangguniang 9. insane/feeble-minded Sangguniang Panlalawigan, Panlungsod and Bayan.
Panglungsod,
Sangguiniang Bayan – ELECTION DATE
18 y/o Second Monday of May, every 3 years
9. Punong Barangay,
Sangguniang
Pambarangay – 18 y/o
TERM OF OFFICE
10. Sangguniang Kabataan
– 18-24 y/o Local elected official after the effectivity of LGC (after 1992)
(Section 39&40, Local Government Code) a) 3 years from June 30, 1992 (12 noon).
(Section 10, Sangguniang Kabataan Reform Act of 2015) b) Those elected within the ratification of 1987 Constitution
and June 30 1992 shall end their office on the latter date.
The use of foreign passport after renouncing one’s foreign
citizenship is a positive and voluntary act of representation as Exception : Barangay Officials – 3 years. Starting on
to one’s nationality and citizenship; it does not divest Filipino second Monday of May 1994.
citizenship regained by repatriation but it recants the Oath of
Renunciation required to qualify one to run for an elective No official shall serve for more than 3 consecutive terms for the
position. (Maquiling vs. COMELEC, G.R. No. 195649. April 16, same position
2013)

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For the three-term limit for elective local government officials to
apply, two requisites must concur, to wit:
- That the official concerned has been elected for three
consecutive terms in the same local government post,
and
- That he has fully served three consecutive terms.
(Ong v. Alegre, G.R. No. 154829, January 23, 2006)
 Voluntary Renunciation is not considered an interruption
of the running of 3 consecutive terms
- not considered a voluntary renunciation. A
permanent vacancy occurred in the office of the vice
mayor due to the retirement of Vice Mayor Mendoza.
Potenciano, being the highest ranking councilor,
succeeded him in accordance with law. It is clear that
his assumption of office as a vice mayor can in no way
be considered as a voluntary renunciation of his office
as a municipal councilor. (Montebon vs COMELEC,
G.R. No. 180444, April 8, 2008)
 Preventive suspension of an elected local official is not
considered an interruption of the term. Preventive
suspension, by its nature, is a temporary incapacity to
render service during an unbroken term. It is not a valid
interruption. To constitute as valid, the interruption of the
service should occur after there has been a break in time.
The best indicator of the suspended official’s continuity in
office is the absence of a permanent replacement and the
lack of authority to appoint one since no vacancy exists.
Furthermore, preventive suspension does not involve a
voluntary act on the part of the official. By its very nature,
it is involuntary. (Aldovino vs COMELEC, G.R. No.
184836, December 23, 2009)
Limitations (Both Elective and Appointive)
(2) Appear as a counsel in any criminal case wherein an officer
or employee of the government is accused of an offense in
relation to his office;
(3) Collect any fee in administrative proceedings involving the
LGU wherein he is an official;
(4) Use property and personnel of the government except
when defending the interest of the government.
(Section 90, Local Government Code)
Succession of elective officials
RULES ON SUCCESSION
Permanent Vacancies
A permanent vacancy arises when an elective local official:
 fills a higher vacant office,
 refuses to assume office,
 fails to qualify,
 dies
 is removed from office,
 voluntarily resigns, or
 is permanently incapacitated to discharge the
functions of his office
(Sec. 44, Local Government Code of 1991)
OFFICES OF THE GOVERNOR, VICE GOVERNOR,
MAYOR, VICE MAYOR
 “Automatic Succession” takes place in case of such
permanent vacancies in these offices

Vacant Office Successor in Next Successor (if

PROHIBITED BUSINESS Office successor unable)
Business transactions with the LGU in which he is an official or Governor, OR Vice-Governor, Highest Ranking
has supervisory power on. Mayor OR Sanggunian
Vice Mayor member OR Second
It shall be unlawful for any local officials to: Highest if highest is
(1) Engage in business transaction with LGU; permanently
(2) Engage in cockpit or other licensed games; unable
(3) Purchase of real estate forfeited in favor of the LGU; Vice- Highest-ranking Second highest
(4) Be surety for a person engaged in business with the LGU; Governor; or Sangguniang ranking
(5) Use/Possess public property of LGU Vice-Mayor member sangguniang
member
Punong Highest Ranking Second Highest if
Baranggay Sanggunian highest is
RULES ON PRACTICE OF PROFESSION OF LOCAL member, OR permanently
GOVERNMENT OFFICIALS unable
 Successors shall only serve the unexpired term
GENERAL RULE: Local officials are prohibited from practicing
HIGHEST RANKING SANGGUNIAN
their profession or any other related business during their term.
 Determined on the basis of the proportion of the votes
obtained to the number of registered votes in each district.
EXCEPTION: Sanggunian members, but not during session
 In case of a tie, it is resolved by drawing of lots
hours. Members of the Bar shall not:
(1) Appear as a counsel in any civil case wherein the LGU is  Ranking in the sanggunian: Determined on the basis of
the adverse party; the proportion of the votes obtained by each winning
candidate to the total number of registered voters of each
district. It does not mention anything about factoring the
number of the voters who actually voted. In such case, the

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Court has no recourse but to merely apply the law. The sine qua non for the validity of the appointment, by
courts may not speculate as to the probable intent of the analogy of Sec 45(b). (Fariñas vs Barba, supra)
legislature apart from the words. (Pascual vs. Pascual-
Bautista, 207 SCRA 561 (1992))  “The votes cast in favor of the ineligible candidate are not
considered at all in determining the winner of an election.
Even when the votes for the ineligible candidate are
disregarded, the will of the electorate is still respected, and
SANGGUNIAN
even more so. The votes cast in favor of an ineligible
candidate do not constitute the sole and total expression of
the sovereign voice. The votes cast in favor of eligible and
(2) “Filled by Appointment” where automatic succession legitimate candidates form part of that voice and must also
does not apply be respected. The disqualified candidate has already been
(3) Successor appointed/ Appointee should be from the same proclaimed and has assumed office is of no moment. The
political party as the one causing the vacancy, EXCEPT for subsequent disqualification based on a substantive ground
the Sangguniang Barangay that existed prior to the filing of the certificate of candidacy
 There is only one rule governing appointments to the voids not only the COC but also the proclamation.
Sangguniang Barangay. Any vacancy caused by the Arnado's disqualification, although made long after the
cessation from office of a member must be made by the elections, reaches back to the filing of the certificate of
mayor upon the recommendation of that Sanggunian. The candidacy. Arnado is declared to be not a candidate at all
reason is that members of the Sangguniang Barangay are in the May 201 0 elections. Arnado being a non-candidate,
not allowed to have party affiliations. (Fariñas vs. Barba, the votes cast in his favor should not have been counted.
256 SCRA 396 (1996)) This leaves Maquiling as the qualified candidate who
obtained the highest number of votes. Therefore, the rule
Vacant LGU Appointing Officer on succession under the Local Government Code will not
Sanggunian apply.” (Maquiling vs. COMELEC, G.R. No. 195649. April
Sangguniang Highly The President, 16, 2013)
Panlalawigan Urbanized through Executive
AND cities, AND Secretary
Sangguniang Independent REPRESENTATION OF THE YOUTH AND BARANGAY
Panlungsod Component SANGGUNIAN
Cities
Vacancy in the representation of the youth and the barangay in
Sangguniang Component Governor
the sanggunian shall be filled by the official next in rank of the
Panlungsod City
organization.
AND
Sangguniang
Bayan RESIGNATION OF ELECTIVE OFFICIALS
Sangguniang City OR City or municipal
Barangay Municipality Mayor UPON Resignation is deemed effective only upon acceptance by the
recommendation of following authorities:
the Sangguniang
Barangay concerned Resignation by Approved by
Governors and vice- President
governors; Mayors and
vice-mayors of HUCs and
From the Same Political Party ICCs
Mayors and vice-mayors of Governors
 A nomination and a certificate of membership of the component cities and
appointee from the highest official of the political party municipalities
concerned are conditions sine qua non, and any Sanggunian members Sanggunian concerned
appointment without such nomination and certificate shall
Barangay officials City or municipal mayor
be null and void ab initio and shall be a ground for
administrative action against the official responsible.
Exceptions:
 In case the official has no political party: the local chief (1) Resignation shall be deemed accepted if not acted upon by
executive shall appoint a qualified person to fill, upon the authority concerned within 15 working days from the
recommendation of the sanggunian concerned. receipt thereof.
(Section 45, Local Government Code) (2) Irrevocable resignations by sanggunian members shall be
 The appointing authority is not bound to appoint anyone deemed accepted upon presentation before an open
recommended to him by the Sanggunian concerned. The session of the sanggunian concerned and duly entered in
power of appointment is discretionary power. On the other its records.
hand, neither is the appointing power vested with so large (3) This does not apply to sanggunian members who are
a discretion that he can disregard the recommendation of subject to recall elections or to cases where existing laws
the Sanggunian concerned. Since the recommendation prescribed the manner of acting upon such resignations.
takes the place of nomination by political party, the (Section 82, Local Government Code)
recommendation must likewise be considered a condition

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TEMPORARY VACANCY Legal reason (ie suspension) By submission of written

declaration AND necessary
MANNER of SUCCESSION OF LOCAL CHIEF EXECUTIVE documents showing the
cause no longer exists

Local Chief Cause of Vacancy Temporary

Executive (INCAPACITY) Successor
Officer
Discipline of local officials
Governor, Physical or Legal Vice-Governor
Mayor, OR reasons Vice-Mayor, OR
Punong (LOA, abroad, Highest Elective officials
Barangay suspension) Ranking An elective local official may be disciplined, suspended, or
Sanggunian removed from office on any of the following grounds:
member 1) Disloyalty to the Republic of the Philippines;
AUTOMATICALLY assumes 2) Culpable violation of the Constitution;
Exercises all duties and powers 3) Dishonesty, oppression, misconduct in office, gross
EXCEPT: negligence, or dereliction of duty;
Power to suspend, appoint, dismiss employees. 4) Commission of any offense involving moral
These powers can only be exercised if the power temporary turpitude or an offense punishable by at least
incapacity exceeds 30 working days. prision mayor;
5) Abuse of authority;
6) Unauthorized absence for fifteen (15) consecutive
working days, except in the case of members of
LOCAL CHIEF EXECUTIVE IS TRAVELLING WITHIN the sangguniang panlalawigan, sangguniang
THE COUNTRY FOR NO MORE THAN THREE DAYS, panlungsod, sangguniang bayan, and
BUT OUTSIDE HIS TERRITORIAL JURISDICTION sangguniang barangay;
7) Application for, or acquisition of, foreign citizenship
Local Chief Executive Temporary Successor or residence or the status of an immigrant of
Officer another country; and
Local Chief Executive is 1. The person designated as 8) Such other grounds as may be provided in this Code
travelling within the an officer-in-charge; OR and other laws.
country but is outside his 2. If the local chief  An elective local official may be removed from office
territorial jurisdiction for a executive fails to issue an on the grounds enumerated above by order of the
period not exceeding three authorization, the Vice- proper court. (Chapter 4, Sec. 60, RA 7160)
consecutive days governor, Vice-mayor, or
highest ranking
Sangguniang Barangay
member shall have the
right to assume his powers JURISDICTION
on the fourth (4th) day of
his absence. Filing of Verified Complaint
Government Office Elective Officials to be
EXCEPT: Power to suspend, appoint, or dismiss Disciplined
employees. Office of the President Provincial; Highly Urbanized
City; Independent Component
EXCEPT AS PROVIDED, the local chief executive shall City; Component City
not authorize any local official to assume the powers, Sangguniang Municipal
duties and functions of the office, other than the vice Panlalawigan
governor, the vice-mayor, or the highest ranking
sanggunian member (as the case may be). APPEAL: Office of the
President
Sangguniang Barangay
TERMINATION OF TEMPORARY SUCCESSION Panlungsod or
Sangguniang Bayan
(final and executory)
CAUSE OF VACANCY TERMINATION OF
OR INCAPACITY INCAPACITY (Section 61, Local Government Code)
Physical reason (ie LOA) By submission of local
chief executive of a written
declaration to the
appropriate Sanggunian
PREVENTIVE SUSPENSION
that he has reported back
to office Preventive suspension may be imposed by:

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Political Law
President Respondent is an elective official of a province,
a highly urbanized or an independent
component city
Governor Respondent is an elective official of a
component city or municipality
Mayor Respondent is an elective barangay official
(Section 63, Local Government Code)
WHEN PREVENTIVE SUSPENSION MAY BE IMPOSED:
1. at any time after the issues are joined,
2. when the evidence of guilt is strong,
3. and given the gravity of the offense, there is great
probability that the continuance in office of the respondent
could influence the witnesses or pose a threat to the safety
and integrity of the records and other evidence.
SUSPENDED ELECTIVE OFFICIAL WHEN DEEMED
REINSTATED
Upon expiration of the preventive suspension, the suspended
elective official shall be deemed reinstated in office without
prejudice to the continuation of the proceedings against him,
which shall be terminated within one hundred twenty (120)
days from the time he was formally notified of the case against
him.
However, if the delay in the proceedings of the case is due to his
fault, neglect, or request, other than the appeal duly filed, the
duration of such delay shall not be counted in computing the
time of termination of the case.
Any abuse of the exercise of the power of preventive suspension
shall be penalized as abuse of authority.
Salary of Respondent Pending Suspension
The respondent official preventively suspended from office
shall receive no salary or compensation during such suspension;
BUT, upon subsequent exoneration and reinstatement, he shall
be paid full salary or compensation including such emoluments
accruing during such suspension. (Section 64, Local
Government Code)
RIGHTS OF RESPONDENT
The respondent shall be accorded:
1) full opportunity to appear and defend himself in
person or by counsel,
2) to confront and cross-examine the witnesses against
him, and
3) to require the attendance of witnesses and the
production of documentary evidence in his favor
through the compulsory process of subpoena or
subpoena duces tecum.
(Section 65, Local Government Code)
FORM AND NOTICE OF DECISION
The investigation of the case shall be terminated within ninety
(90) days from the start thereof. Within thirty (30) days after the
end of the investigation, the Office of the President or the
sanggunian concerned shall render a decision in writing stating
clearly and distinctly the facts and the reasons for such decision.
Copies of said decision shall immediately be furnished the
respondent and all interested parties.
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Constitutional Law I
The penalty of suspension shall not exceed the unexpired term
of the respondent or a period of six (6) months for every
administrative offense,
nor shall said penalty be a bar to the candidacy of the
respondent so suspended as long as he meets the qualifications
required for the office.
(Section 66, Local Government Code)
REMOVAL
The penalty of removal from office as a result of an
administrative investigation shall be considered a bar to the
candidacy of the respondent for any elective position.
ADMINISTRATIVE APPEALS
Decisions in administrative cases may, within 30 days from
receipt thereof, be appealed to:
1) The sangguniang panlalawigan, in the case of
decisions of the sangguniang panlungsod of
component cities and the sangguniang bayan; and
2) The Office of the President, in the case of decisions of
the sangguniang panlalawigan and the sangguniang
panlungsod of highly urbanized cities and
independent component cities. Decisions of the Office
of the President shall be final and executory.
(Section 67, Local Government Code)
EXECUTION PENDING APPEAL
An appeal shall not prevent a decision from becoming final or
executory.
If the respondent wins the He shall be considered as
appeal having been placed under
preventive suspension
during the pendency of the
appeal.
If the appeal results in an He shall be paid his salary
exoneration and such other
emoluments during the
pendency of the appeal.
(Section 68, Local Government Code)
DOCTRINE OF CONDONATION
A public official cannot be removed for administrative
misconduct committed during a prior term, since his re-election
to office operates as a condonation of the officer’s previous
misconduct to the extent of cutting off the right to remove him
therefor. The foregoing rule, however, finds no application to
criminal cases pending against petitioner. (Aguinaldo vs Santos,
G.R. No. 94115, August 21, 1992)
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Political Law
A reelected local official may not be held administratively
accountable for misconduct committed during his prior term of
office. The rationale for this holding is that when the electorate
put him back into office, it is presumed that it did so with full
knowledge of his life and character, including his past
misconduct. If, armed with such knowledge, it still reelects him,
then such reelection is considered a condonation of his past
misdeeds. (Garcia vs Mojica, G.R. No. 139043, September 10,
1999
The electorate's condonation of the previous administrative
infractions of the reelected official cannot be extended to that of
the reappointed coterminous employees, the underlying basis
of the rule being to uphold the will of the people expressed
through the ballot. In other words, there is neither subversion
of the sovereign will nor disenfranchisement of the electorate to
speak of, in the case of reappointed coterminous employees. In
other words, the doctrine of condonation does not extend to
appointive officials. (Salumbides vs Office of the Ombudsman,
G.R. No. 180917, April 23, 2010)
ABANDONMENT OF THE DOCTRINE OF
CONDONATION
In the Morales case (Morales vs CA, G.R. No. 216871, December
6, 2017), the Court abandoned this doctrine. The Court held that
the Doctrine of Condonation is actually bereft of any legal basis.
The concept of public office is a public trust is and the corollary
requirement of accountability to the people at all times, as
mandated under the 1987 Constitution, is plainly inconsistent
with the idea that an elective official’s administrative liability
for a misconduct committed during a prior term can be wiped
off by the fact that he was elected to a second term of office or
even another elective post.
Appointive officials
Common to all Municipalities, Cities, and Provinces:
1) Secretary to the Sanggunian (Sec. 469, RA7160)
2) Treasurer (Sec. 470, RA 7160)
3) The Assessor (Sec. 472, RA 7160)
4) The Accountant (Sec. 474, RA 7160)
5) The Budget Officer (Sec. 475, RA 7160)
6) The Planning and Development Coordinator (Sec.
476, RA 7160)
7) The Engineer (Sec. 477, RA 7160)
8) The Health Officer (Sec. 478, RA 7160)
9) The Civil Registrar (Sec. 479, RA 7160)
10) The Administrator (Sec. 480, RA 7160)
11) The Legal Officer (Sec. 481, RA 7160)
12) The Agriculturist (Sec. 482, RA 7160)
13) The Social Welfare and Development Officer (Sec.
483, RA 7160)
14) The Environment and Natural Resources Officer (Sec.
484, RA 7160)
15) The Architect (Sec. 485, RA 7160)
16) The Information Officer (Sec. 486, RA 7160)
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Constitutional Law I
17) The Cooperatives Officer (Sec. 487, RA 7160)
18) The Population Officer (Sec. 488, RA 7160)
19) The Veterinarian (Sec. 489, RA 7160)
20) The General Services Officer (Sec. 490, RA 7160)
Recall
Recall is the termination of official relationship of an elective
official for loss of confidence prior to the expiration of his term
through the will of the electorate. (Section 69, Local Government
Code)
By whom exercised
The power of recall for loss of confidence shall be exercised by
the registered voters of a local government unit to which the
local elective official subject to such recall belongs.
Initiation of Recall Process
(Section 70, Local Government Code)
How to initiate:
(1) by a preparatory recall assembly or
(2) by the registered voters of the local government unit to
which the local elective official subject to such recall
belongs
(3) Preparatory Recall Assembly
There shall be a preparatory recall assembly in every:
(1) PROVINCE (composing of)
 All mayors
 Vicemayors
 Sangguniang barangay members of the
mmunicipalities and component cities
(2) CITY (composing of)
 All punong barangay
 Sangguniang barangay members in the city
(3) LEGISLATIVE DISTRICT
 In cases where sangguniang panlalawigan members
are elected BY DISTRICT:
 All elective municipal officials in the district
 In cases where sangguniang panglungsod member
are elected by district
 All elective barangay officials in the districts
(4) MUNICIPAL (composing of)
 All punong barangay
 Sangguniang barangay members in the municipality
Procedure for initiating Recall Assembly
A majority of all the preparatory recall assembly members may
convene in session in a public place and initiate a recall
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Political Law Constitutional Law I

proceeding against any elective official in the local government  Section 519 – Failure to Dispose of Delinquent Property at
unit concerned. Public Auction

Recall of provincial, city, or municipal officials shall be validly

initiated through a resolution adopted by a majority of all the
members of the preparatory recall assembly concerned during
its session called for the purpose.
Initiation by Registered Voters
Recall of any elective provincial, city, municipal, or barangay
official may also be validly initiated upon petition of at least
twenty-five percent (25%) of the total number of registered
voters in the local government unit concerned during the
election in which the local official sought to be recalled was
elected.
C. Matters related to Barangay Affairs
 Section 512 – Withholding of Benefits Accorded to
Barangay Officials
 Section 515 – Refusal or Failure of Any Party or Witness
to Appear before the Lupon or Pangkat
D. Prohibitions on Local Government Officials and Staff
 Section 514 – Engaging in Prohibited Business
Transactions or Possessing Illegal Pecuniary Interests
 Section 520 – Prohibited Acts Related to the Award of
contracts under the Provisions of Credit Financing

Procedure for initation by registered voters E. Miscellaneous Provisions

1) A written petition for recall duly signed before the  Section 521 – 5-year Mandatory Review of the LGC
election registrar or his representative, and in the  Section 522 – GSIS Coverage of Barangay Officials
presence of a representative of the petitioner and a
 Section 523 – Receipt of Personnel Retirement and/or
representative of the official sought to be recalled,
Benefits of Affected Employees upon effectivity of the
and in a public place in the province, city,
LGC
municipality, or barangay, as the case may be, shall
 Section 524 – Periodic Inventory of Infrastructure and
be filed with the Comelec through its office in the
other Community Facilities
local government unit concerned. The Comelec or its
 Section 525 – Transfer of Records and Properties affected
duly authorized representative shall cause the
by the Adoption of the LGC
publication of the petition in a public and
conspicuous place for a period of not less than ten (10)
days nor more than twenty (20) days, for the purpose
of verifying the authenticity and genuineness of the F. Transitory Provisions (Sections 526-533, LGC)
petition and the required percentage of voters.
 Section 526 – Applicability of LGC to Autonomous
Regions
2) Upon the lapse of the aforesaid period, the Comelec
 Section 527 – Treatment of Regular and Recurring
or its duly authorized representative shall announce
Transactions
the acceptance of candidates to the position and
 Section 528 – Decentralization of Powers from National
thereafter prepare the list of candidates which shall
Government Agencies
include the name of the official sought to be recalled.
 Section 529 – Treatment of Existing Tax Ordinances or
Revenue Measures
 Section 530 – Devolution of Powers to Local Water
Districts
ACTS PUNISHABLE UNDER THE LOCAL GOVERNMENT
 Section 531 – Debt Relief for Local Government Units
CODE

A. Matters related to publication and posting

 Section 511 – Posting and Publications of Ordinances with
Penal Sanctions
 Section 513 – Failure to Post and Publish the Itemized
Monthly Collections and Disbursements

B. Matters related to local tax measures

 Section 516 – Penalties for Violation of Tax Ordinances
 Section 517 – Omission of Property from Assessment or
Tax Rolls by Officers and other Acts
 Section 518 – Government Agents Delaying Assessment
of Real Property and Assessment Appeals

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Political Law Constitutional Law I

International law
 A body of rules and principles of action which are
binding upon civilized states in their relations to one
another.3

 These rules of law emanate from the States’ own free

will as expressed in conventions or by usages
generally accepted as expressing principles of law
and established in order to regulate the relations
between those co-existing independent communities
or with a view to the achievement of common aims.4

Public International Law

 It governs the relationships between and among
states and also their relations with international
organizations and individual persons.

 It is traditionally defined as the law between

sovereign nation-states, hereinafter, states, especially
within the context of the laws of war, peace and

PUBLIC
security, and protection of territories.5

Basis of International Law

INTERNATIONAL  Sovereign consent of States

LAW A. Concepts

A.1. Obligations erga omnes

While States may have obligations towards other States,

Obligations erga omnes of a state towards the international
community as a whole, where all states have legal interest in
the protection of these obligations.6

A.2. Jus cogens

Customary international law that has attained the status of a

peremptory norm, accepted and recognized by the
international community of states as a rule from which no
derogation is permitted and can be modified only by a
subsequent norm having the same character.7 (Art. 53 VCLT)

A.3. Concept of ex aequo et bono

It is a principle of international law used by international

tribunals in deciding disputes based on equitable
considerations. The International Court of Justice can only

3
Bernas, Joaquin, S.J. (2009). Introdiction to Public International Law. 2015, available at
Rex Printing Company, Inc.
4 http://www.asil.org/sites/default/files/ERG_PUBLIC_INT.
Lotus Case, Series A, No. 10, PCIJ, 1927, p. 18.
5Vinopal, Kelly, Researching Public International Law, pdf
American Society of International Law, accessed on June 12, 6
Barcelona Traction Case, ICJ Reports, 1970.
7 Article 53, Vienna Convention on the Law of Treaties.

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Political Law Constitutional Law I

decide a case ex aequo et bono if the parties to the dispute agree law by operation of law, without a positive act
to its use.8 to adopt it.

Types of Ex aequo et bono

1. Equity infra legem B.3. Conflict between International law and Municipal Law
 A form of equity which constitutes a method of
interpretation of the law in force, and which is GR: Both must be harmonized to give effect to both systems of
based on law.9 law. It is presumed that municipal law is enacted with due
regard for international law.
2. Equity praeter legem
 When fairness supplements the law or fills in its EXP:
gaps.  If a local court decides:
o Constitution v. International Law  Constitution
prevails
2. Equity contra legem
o Constitution v. Treaty  Treaty is subject to
 When principles of equity are deployed to strike qualification or amendment by a subsequent law.11
down a law.
 The validity of treaties, as well as their
B. Relationship of International and national law proper adoption into municipal law,
are proper subjects of judicial
review.12
 Treaties have the same status as
B.1. Theories on the Relationship between International Law
domestic laws.
and Municipal Law  However: On the international level, a
state, under the principle of pacta sunt
1. Dualist/Pluralist Theory servanda, is obliged to comply with the
treaty.
 International law and municipal law are
essentially different from each other. They differ  Local statute v. International Law  Equal in status.13
as to source, relations they regulate and  If an international court decides  International law
substance. In case of conflict, municipal law prevails. [From the standpoint of International Law; VCLT Art.
prevails based on state sovereignty. 27, ILC Articles Art. 31]

C. Sources
2. Monistic Theory
 International law and municipal law belong to
only one system of law.
 Two monist theories:10
o Municipal law subsumes and is
superior to international law; C.1. The Sources of International Law are as follows:
o International law is superior to
domestic law.
 This view is supported by Primary Secondary
Kelsen. used as ‘subsidiary means’ in
determining rules of
international law
e. Treaties g.
B.2. Theories as to Adoption of International Law and f. (Art. 38(a) ICJ Statute) h.
Domestic Law e.g United Nations i.
Convention on the Law of j.
1. Doctrine of Transformation
the Sea k. Judicial Decisions and
 International law becomes part of domestic law Legal Scholarship
Customary International
through the appropriate legal machinery such as l. (Art. 38 (d) ICJ Statute)
Law
an act of Congress.
(Art.38 (b) ICJ Statute)
Generally Accepted
2. Doctrine of Incorporation
Principles of International
 International law is adopted as part of municipal

8 12
Article 38(2), Statute of the International Court of Justice Gonzalez v. Hechanova, G.R. L-21897, October 22, 1963.
9 13
Frontier Dispute Case (Burkina Faso/Republic of Mali), ICJ Reports, Secretary of Justice v. Lantion, G.R. 139465, October 17, 2000.
13
1986. Nicargua vs. United States of America
10
Bernas, Joaquin, S.J. (2009). Introduction to Public International
Law. Rex Printing Company, Inc.
11
Ichong v. Hernandez, G.R. No. L-7995, May 31, 1957.

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Political Law Constitutional Law I

Law accepted by Civilized 2. Treaty Contracts

Nations
(Art.38 (c) ICJ Statute)
e.g. Estoppel
C.2. Classification of Sources
Formal sources
Refer to various processes
by which rules come into
existence; confer upon the
rules an obligatory
character.
 Treaties that apply only as between two or a small
number of States.
 Parties that do not sign and ratify a particular treaty
are not bound by its terms.15
 When treaties reflect customary law, then non-parties
are bound.16
 One way of creating new customary law is treaty,
coupled by opinio juris and must be fundamentally
norm-creating.17
Material sources  When a treaty incorporates or covers customary law,
Refer to the actual substance such customary law will maintain its separate
and content of the existence.18
obligation.

C.5. Customary International Law

The International Court of Justice affirmed the independence
of the sources of international law, and rejected the US
argument that since the US made a reservation to a treaty with
the same normative content as customary international law it
is thus not bound to the said obligation under customary
international law. 14
 Consists of rules of law derived from the consistent
conduct of States acting out of the belief that this
conduct is obligatory upon them.
 Elements
1. Opinio Juris (Psychological or subjective belief
that such behavior is law);

C.3. Sources of International Law under the Statute of the 2. State Practice (Material facts or actual behavior
International Court of Justice of States); and
 The substance of customary law must be looked for
primarily in the actual practice and opinio juris of
states.19
Rules: Conflict between the Sources
 Opinion Juris Necessitatis
1. Between primary and secondary sources  primary o The belief of a State that it is bound under by a certain
sources prevail. legal obligation.
2. Between two or more primary sources  treaties prevail
over customs, and customs prevail over general  State Practice
principles of law. o It covers acts, statements, omissions or silence of a
state from which views about customary law may be
Exception: inferred.
 Jus cogens norms are of the highest status. (Article 53, o Evidence of State Practice (non-exhaustive):
VCLT)  Historical records;
 Official publications;
 Official manuals on legal questions;
C.4. TREATIES & AGREEMENTS  Diplomatic interchanges; or
 Opinions of national legal advisors
Private International Law o Consideration of State Practice
 Domestic law which deals with cases where foreign law  Duration
intrudes in the domestic sphere where there are questions  Consistency
of the applicability of foreign law or the role of foreign  Repetition; and
courts  Generality

Types of Treaties  Customary rule must be in accordance with a constant and

uniform usage practiced by the States.20
1. Law-making treaties  Some degree of uniformity amongst state practices is
 Treaties which are intended to have universal or general essential before a custom could come into existence.21
relevance.  State practice must be both extensive and virtually
uniform.22

18
Shaw, p. 91, citing Nicaragua Case, ICJ Reports, 1986.
19
Libya/Malta Case, ICJ Reports, 1985.
20
15
North Sea Continental Shelf Cases, ICJ Reports, 1969. Asylum Case, ICJ Reports, 1950.
21
16
Shaw, 2003. Anglo-Norwegian Fisheries Case, ICJ Reports, 1951.
22
17
North Sea Continental Shelf Cases, p. 41. North Sea Continental Shelf Cases, p. 14.

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Political Law
GR:
 Conduct of states should be consistent with
customary rules, and state conduct inconsistent with
a given rule should be treated as breaches of that rule,
not as indications of the recognition of a new rule.23
EXP: Persistent Objector Rule
 A rule of international law which posits that a State,
which has persistently objected to the status as
custom of a particular practice in the process of
evolving into a custom, is not bound by that
customary rule.
 It is essential that the state’s objection arises prior to
the formation of the rule, and continues consistently
thereafter.
C.5. General Principles of Law
 Principles of municipal law common to the legal
systems of the world.24
 These are rules generally accepted by municipal
systems and not to the municipal law of a particular
State.25
 The spirit of general principles of law as source of
international law is the principles of non-liquet, a
situation where there is no applicable law.
Examples of General Principles of Law:
 Obligation to make reparations26
 Res judicata27
 Estoppel28
 Principle of good faith29
 Equity
C.6. Judicial Decisions and Teachings of the Most Highly
Qualified Publicists
Judicial Decisions
 While not constituting stare decisis (Art 59, ICJ Statute),
these are subsidiary means for the determination of
the rules of international law (Art 38, ICJ Statute). Not
binding, but are highly persuasive sources.
Most Highly Qualified Publicists
 They have the same persuasive effect as Judicial
Decisions and are similarly subsidiary means of
23
Nicaragua Case, p. 98.
24
Bernas, p. 18.
25
Barcelona Traction Case, ICJ, 1964.
26
Chorzow Factory Case, PCIJ, Series A., No, 9, 1928.
27
Administrative Tribunal Case, ICJ, 1954.
28
Temple of Preah Vihear Case, ICJ, 1962.
29
Nuclear Tests Case, ICJ, 1974.
30
Bernas, Joaquin, S.J. (2009). Introduction to Public International
Law. Rex Printing Company, Inc.
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Constitutional Law I
determining the rules of international law (Art 38, ICJ
Statute).
 For a writer to be classified as a most highly qualified
publicist:
o The writer must have made publications,
and
o An International Tribunal must have
recognized the writer to be a most highly
qualified publicist.
D. Subjects
Entities endowed with rights and obligations in the
international order and possessing the capacity to take certain
kinds of action on the international plane.30
D. 1. States
What is a State?
 It is a community which consists of a territory and a
population subject to an organized political authority;
it is characterized by sovereignty.31
Elements/Qualifications of Statehood: 32
1. People or Permanent Population
 A community of persons sufficient in number
and capable of maintaining the permanent
existence of the community and held together by
a common bond of law.
 The population does not have to be
homogeneous racially, ethnically, tribally,
religiously, linguistic, or otherwise.
 But, it must be a settle population, although the
presence of certain nomadic inhabitants does not
matter.
2. Territory
 Geographic base in the exercise of state
sovereignty.33
 Territorial control is the essence of a state.34
Modes of Acquiring Territory
 Occupation
o Effective exercise of sovereignty over a terra
nullius territory, and not mere discovery
o Effective occupation means continued display
of authority. It involves:
• Intention and will to act as sovereign or
animus occupandi,
• Some actual exercise or display of such
authority
o The exercise of sovereignty must be peaceful,
31
Conference on Yugoslavia Arbitration Commission: Opinions on
Questions Arising From the Dissolution ofYugoslavia, Opinion No. 1 of
November 29, 1991, published on December 7, 1991, 31 ILM 1494, at
1495-96 (1992).
32
1933 Montevideo Convention on Rights and Duties of States.
33
Magallona, Merlin M. (2005). Fundamentals of Public International
Law. C & E Publishing, Inc.
34
Island of Las Palmas Case, 2 U.N. Rep. Intl. Arb. Awards 829
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Political Law
actual, continuous, sufficient to confer valid
title to sovereignty
 Prescription
o Title is acquired by continuous and
undisturbed exercise of sovereignty over a
period of times.
o Requisites:
m. 1. Must be exercised under á titre de
souverain;
n. 2. Peaceful and uninterrupted;
o. 3. Public and enduring for a certain length
of time
p. 4. Territory must not be terra nullius.
 Accession or Accretion
o Accession or accretion is the natural process of
land formation resulting in the increase of
territory
o Key factor: No act of any party necessary to
increase the territory.
o This is a natural action of the environment,
resulting in the increase of the territory of a
state.
 Cession
o Transfer of territory from one state to another by
treaty.
o The only bilateral form of acquiring territory.
o Validity of cession depends on the valid title of
the ceding state.
3. Government
 An institution by which an independent society
makes and carries out those rules of action which
are necessary to enable men to live in a social
state, or which are imposed upon the people
forming that society by those who possess the
power or authority of prescribing them.35
 The government must be a central government
operating as a political body within the law of
the land and in effective control of the territory.
Exception: States that undergo a period of civil
strife or internal chaos
 2 Kinds of Government
o De Jure government: Government with a
color of legitimacy
o De facto government: Government without a
mandate of law
 Failed state
o One which does not have a government in
control of most of the territory for several
years.
 Jus Postlimium
q. Acts of the government done under the control of a
de facto government, when they are not of a political
complexion remain good even upon the restoration of
the legitimate government. (See Co Kim Cham v Valdez
Tan 1945)
r.
35
Bacani v. NACOCO, 100 Phil. 468, 471 (1956).
36
Bernas, p. 74.
37
Bernas, p. 85.
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Constitutional Law I
4. Sovereignty and the capacity to enter into relations
with other states.
s.
 Principles of State Continuity
o The State continues as a juristic being
notwithstanding changes in its government or
administration, even if such changes are
extralegal or unconstitutional
o Provided: such changes do not result in the loss
of any of its essential elements
t.
 Recognition of Other States
o The act of acknowledging the capacity of an
entity to exercise rights belonging to
statehood.36
u.
 Two Theories of State Recognition
o Declaratory theory
 Recognition is merely “declaratory” of
the existence of the state and that its
being a state depends upon its
possession of the required elements and
not upon recognition.
o Constitutive theory
 Recognition constitutes a state, that is, it
is what makes a state a state and confers
legal personality on the entity.
v.
 Extinction of a State
o A state may be extinguished in a legal sense
through merger, absorption, dismemberment of
an existing state, complete loss of population or
emigration en masse of the population.
w.
 State Succession
o When one state assumes the rights and some of
the obligations of another state because of
certain changes in the condition of the latter.
x.
 Fundamental Rights of the State
y. 1. Right to Existence and Self-Defense;
z. 2. Right of Sovereignty and Independence;
aa. 3. Right of Equality;
bb. 4. Right to Territorial Integrity and Jurisdiction
cc.
 Protectorates
o Dependent states which have control over their
internal affairs but whose external affairs are
controlled by another state.37
dd.
 Mandates and Trust Territories
o These are non-self-governing territories which
have been placed under international
supervision to insure their economic, political,
social and educational advancement.
ee.
 Statehood and its attendant rights exist
independently of the will of other states.38
 Restrictions upon the independence of States cannot
be presumed.39
38
Bosnian Genocide Case, Judgment, ICJ General List No. 91 (2007).
39
S.S. Lotus (France v. Turkey), P.C.I.J, Series A, No. 10 (1927)
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Political Law Constitutional Law I

 Between independent states, respect for territorial  Diplomatic Law

sovereignty is an essential foundation of international o The totality of legal norms regulating the
relations.40 method of appointing and recalling diplomatic
ff. representatives and of fixing diplomatic ranks,
functions, and legal status
o Section of international law dealing with
diplomatic privileges and immunities
D. 2. International organizations (1961 Vienna Convention on Diplomatic
Relations)
Organizations that are set up by treaty among two or more
 Consular Law
states.41
o The body of principles and norms (of domestic
 Belligerent community
legislation as well as of international law)
o A group of rebels under an organized civil
regulating the activities of consuls
government who have taken up arms against
o It is the state that defines the scope of the
the legitimate government.
functions of its consular representatives, taking
 International Administrative Bodies
into account the legislation of the host country.
o Certain administrative bodies created by
o Source of Consular Law
agreement among states may be vested with
o Consular agreements
international personality when two conditions
 Concluded by individual countries;
concur:
 Definte the legal status of consuls and
1. Their purposes are mainly non-political;
down the basic rules under which
2. They are autonomous and not subject to
they function.
the control of any state
o Treaties
 United Nations
 Contain provisions regulating
o An organization of states regarded as an
consular activity dealing with trade
international person for certain purposes.
and navigation, legal assistance, and
o It is an entity capable of availing itself of
social security
obligations incumbent upon its members.42
o Code of consular law is the multilateral
Vienna Convention of 1963 on Consular
Relations.
D.3. Individuals
BILATERAL MULTILATERAL
Individuals have limited locus standi in international law; have
DIPLOMACY DIPLOMACY
limited rights and obligations (limited legal capacity).
 Same status as non-State international subjects such
Embassies, consular Ad hoc and standing
as insurgents, international organizations and
posts, and conferences. Questions of
national liberation movements.43
unconventional resident procedure: venue,
 Notable Exception:
missions such as interests membership, agenda,
o ECHR – While it is an international tribunal, it
sections and transparency, and above
allows individuals to file petitions for violations
representative offices all decision-making
of human rights within its jurisdiction.44

E. Basic Principles of Diplomatic and consular law

Why they are the major The triumph of
part of the modern “consensus-decision
counter-revolution in making” and its various
diplomatic practice. techniques.
Vienna Convention on Diplomatic Relations
 Codifies the rules for the exchange of embassies
among sovereign States.
 Protects the sanctity of ambassadors to enable them
to carry out their functions
 The oldest established and the most fundamental
rules of international law. Vienna Convention of 1963 on Consular Relations
 This is a relationship between at least two sovereign,
 Defines the privileges, immunities, and basic
autonomous and independent states; we can basically
functions of career consuls, as well as the legal status
say that diplomacy has started his long way.
of honorary consuls.

 Bilateral and Multilateral Diplomacy

40
Corfu Channel Case (UK v. Albania), Merits, ICJ, General List No. 1 44 Art. 34, European Convention for the Protection of Human
(1949)
41 Rights and Fundamental Freedoms, as amended by Protocols
Bernas, p. 87.
42
Reparations Case, ICJ Reports, 1949. Nos. 11 and 14, 4 November 1950
43
Cassese, Antonio. (2001). International Law. Oxford University
Press.

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Elements of Diplomatic and Consular Law the state to which he is  To watch over and
1. Immunity of diplomatic staff accredited promote the
 The person of a diplomatic agent is inviolable.  To observe and report commercial and
 Diplomats may not be detained or arrested, and enjoy occurrences which industrial interests of
complete immunity from criminal prosecution in the may affect his state the appointing state
receiving state, although there is no immunity from To protect the rights of the and its citizens or
the jurisdiction of the sending state nationals of his state subjects
2. The inviolability of the diplomatic mission and its grounds  To protect its
 The private residence, papers, correspondence and nationals travelling or
property of diplomats are also inviolable. residing in those
 It is an absolute rule that the premises of the mission regions.
are inviolable and agents of the receiving state cannot
enter them without the consent of the mission. Art. 14, 1963 Vienna Convention on Diplomatic Relations:
3. The security of diplomatic correspondence and diplomatic 1. Heads of mission are divided into three classes,
bags – namely:
 The receiving state is required to permit and protect a. That of ambassadors or nuncios accredited to
free communication on behalf of the mission for all Heads of State, and other heads of mission of
official purposes. equivalent rank;
 Official communication is inviolable and may include b. That of envoys, ministers and internuncios
the use of diplomatic couriers and messages in code accredited to Heads of State;
and in cipher, although the consent of the receiving c. That of chargés d’affaires accredited to
state is required for a wireless transmitter. Ministers for Foreign Affairs.
2. Except as concerns precedence and etiquette, there
7 Sources of Diplomatic and Consular Law shall be no differentiation between heads of
1. Customary law mission by reason of their class.
 Traditional common rule or practice that has become
an intrinsic part of the accepted and expected conduct
in a community, profession, or trade and is treated as Art. 38, Vienna Convention
a legal requirement. a. International conventions, whether general or
2. General legal principles particular, establishing rules expressly recognized
 Essentially provide a mechanism to address by the contesting states;
international issues not already subject either to b. International custom, as evidence of general
treaty provisions or to binding customary rules. practice accepted as law;
3. Agreement (conventions, treaties, etc) c. General principles of law recognized by civilized
 A settlement, especially one that is legally nations;
enforceable; covenant; treaty. d. Judicial decisions and teachings of the most highly
4. Acts qualified publicists of the various nations, as
 That which is done or doing; the exercise of, subsidiary means for the determination of rules of
or the effect, of which power exerted is the cause; a law.
performance; a deed.
5. Analogy Personnel of the Diplomatic Representative
 A resemblance of relations; an agreement or likeness The personnel of generally made up of two groups:
between things in some circumstances or effect, 1. The members of his/her family and others of
when the things are otherwise entirely different. his/her household;
6. Comitas Gentium, International Comity, Courtesy,
Precedence, and Etiquette, Protocol (customary source) 2. Those directly in the service of the mission, they
and Diplomatic Practice may include:
 A set of rules of conduct for states that have  A counselor
international relations  Secretaries
 Examples: granting of immunity; Protocol,  Military, naval, and economic attaches
Ceremonial, diplomatic practice.  Interpreters and dragomans
7. Other Sources: Doctrines and Jurisdiction  Clerks
 A rule or principle of law, especially when  Couriers
established by precedent.  Chaplains
 Doctors
Difference of Diplomatic Officer from Consular Officer  Other persons distinctly in the official
Diplomatic Officer Consular Officer service.
Look after the political Commercial interests.
interests of their state and
its nationals Privileges and Immunities of a Diplomat
Functions: Sent by a state to foreign 1. Inviolability
 To represent his state ports and cities  The privilege extends to diplomats of all
in negotiations with grades, suites, officials and non-officials,
Mainly for ff purposes: official residence, archives and letters, and

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Political Law
to all that belong to the mission and are
necessary for its maintenance.
 The same inviolability is accorded to a
diplomat while passing to or from his post
through a third state as long as he retains his
official character.
2. Exemption of person from criminal and civil
jurisdiction
 A diplomatic representative is exempt from
the criminal and civil jurisdiction of local
courts, and free from arrest, prosecution,
and punishment for violation of criminal
law.
 If he fails to observe the law, usual
procedure is for the local state to demand
his recall or in extreme cases to expel him.
 As long as he remains a diplomatic officer,
the local courts are without authority to try
a case in which he is defendant or to make
his property the subject of seizure or
attachment.
 He is exempt from witness duty although
he may waive such exemption where there
is no instruction of his home government to
the contrary.
 As a matter if courtesy, however, it is
common for diplomatic representatives to
give testimony in the form of a deposition.
3. Immunity of residence from local jurisdiction
 The domicile of a diplomatic officer,
including his house, grounds, buildings, and
appurtenances, and also his carriages, is
considered exempt from local jurisdiction
upon the theory that it is considered an
extension of the territory of his state.
 These cannot be entered without the consent
of the diplomatic officer, even for the arrest
of criminals who seek refuge therein.
 Usual procedure is to request the diplomat
to surrender them and if he refuses to do so,
to ask for his recall by the home government
4. Jurisdiction within his residence
 Because his residence is exempt from local
jurisdiction, he is accorded the right to
exercise jurisdiction within his residential
and official domicile; including the right to
arrest and send home a member of his suite,
to hold religious services, etc
5. Precedence, ceremonial prerogatives (according
to rank)
 Diplomatic representatives and precedence
vary according to their grades. These have
been defined by practice in the course of
diplomatic intercourse.
Articles 20 to 40 of the 1961 Vienna Convention on Diplomatic
Relations
Provides for the entire Facilities, Privileges and immunity
of a Diplomat and the personnel of the diplomatic
representatives.
Expanded Functions of the Consul
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(a) Protecting interests of the sending State and its
citizens, within the bounds of law.
(b) Promoting good relations and development
between the State-parties;
(c) Reporting on the development and current
conditions of the receiving State;
(d) Issuing required travel documents to travel to
and from the sending State;
(e) Providing assistance to nationals of the sending
State;
(f) Acting as notary & civil registrar;
(g) Protecting interests of sending State nationals in
cases of succession mortis causa;
(h) Protecting citizen-minors of the sending State;
(i) Representing nationals of the sending State in
tribunals to preserve the rights and interests of these
nationals;
(j) Transmission of evidence for the courts of the
sending State, when lawful;
(k) Inspecting sea- or aircraft, and their crews,
registered to the sending State;
(l) Settling disputes between crew and officers of the
craft, as the law of the sending State allows; and,
(m) All other functions entrusted to a consular post
which are not prohibited by the laws of, or objected to
by the receiving State. (Art. 5, 1963 Vienna Convention
on Consular Relations)
4 Classes of Heads of Consular Posts (Article 9 of the 1963
Vienna Convention on Consular Relations)
1. Consuls-general;
2. Consuls;
 Consuls general and consuls are usually
appointed by a commission or patent from the
head of the state, which is communicated to the
government where he is to reside.
3. Vice-consuls;
4. Consular agents.
 Vice consuls and consular agents are
commissioned generally by the minister of
foreign affairs.
 The aforementioned does not restrict the right
of any of the Contracting Parties to fix the
designation of consular officers other than the
heads of consular posts. The classification is left
to the municipal law.
Exequator
 The term exequator is applied to the written official
recognition issued by the local state authorizing a
foreign consul to perform therein his functions as
such.
Art. 12, 1963 Vienna Convention on Consular Relations
provides the following:
1. Exequator: Authorization that the head of a
consular post is admitted to the exercise of his
functions
2. State refusing to grant an exequator must give to
the rejected State reasons for such refusal.
3. Subject to the provisions of articles 13 and 15, the
head of a consular post shall not enter upon his
duties until he has received an exequatur
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Political Law
GENERAL PROVISIONS RELATING TO FACILITIES,
PRIVILEGES AND IMMUNITIES
1. Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, par. 3 of Article
54 and par. 2 and 3 of Article 55 shall apply to consular posts
headed by an honorary consular officer. In addition, the
facilities, privileges and immunities of such consular posts
shall be governed by Articles 59, 60, 61 and 62.
2. Articles 42 and 43, Article 44(1), Articles 45 and 53 and
Article 55(par.1) shall apply to honorary consular officers. In
addition, the facilities, privileges and immunities of such
consular officers shall be governed by Articles 63, 64, 65, 66
and 67.
3. Privileges and immunities provided in the present
Convention shall not be accorded to members of the family of
an honorary consular officer or of a consular employee
employed at a consular post headed by an honorary consular
officer.
4. The exchange of consular bags between two consular posts
headed by honorary consular officers in different States shall
not be allowed without the consent of the two receiving States
concerned. (Art. 58, Chap. III, Vienna Convention on Consular
Relations 1963)
PERSONA NON GRATA
 GR: The Receiving State may declare any member of
the diplomatic staff of the mission of the Sending
State persona non grata at any time and without
having to explain its decision and may be declared
such before arriving in the territory of the Receiving
State.
o If the Sending State fails or refuses to carry
out said declaration, the Receiving State
may refuse to recognize the person
concerned.
 REASON: If the Receiving State is of the opinion that
the member’s appointment will not affect a
harmonious relations between two states due to the
member’s personal obnoxious toward the sovereign
and its pronounced hostility to its public institutions
(Art. 9 of the 1961 Vienna Convention on the Law of
Treaties
R.A. No. 75 “An act to penalize acts which would impair the
proper observance by the republic and inhabitants of the
Philippines of the immunities, right, and privileges of duly
accredited foreign diplomatic and consular agents in the
Philippines”, provides:
 Unauthorized persons are those other than
diplomatic or consular officer who acts in the RP as
an agent of foreign government without prior
registration with the Sec of Foreign Affairs shall be
penalized by imprisonment of not more than 5 years
45
Article 2, Vienna Convention on the Law of Treaties (VCLOT), 1969.
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or be fined of not more than P5,000 (Sec 2, RA 75)
 Any writ or process for the arrest or seizure of goods
of any ambassador or public minister or any of their
domestic servant/s shall be void. Every person
concerned with the execution of such writ or process
shall be punished by imprisonment of not more than
three years and a fine not exceeding two hundred
pesos (Sec 4, RA 75)
 Instances wherein Sec 4 is inapplicable:
o Debt contracted by ambassador or public
minister BEFORE entering service.
o Domestic servants of an ambassador or
public minister unless registered with the
DFA (Sec 5, RA 75)
 Penalty: Assault or any form of violence against an
ambassador or public minister shall be imprisoned
for not more than three years, pay a fine not
exceeding P200.00, in addition to the penalties
provided for by the RPC (Sec 6, RA 75)
 Foreign reciprocity rule: The provision of RA 75 shall
only be applicable to cases where the country of the
ambassador or public minister also provides for the
same protection to the duly accredited diplomatic or
consular representatives of the Philippines (Sec 7, RA
75)
Three (3) classes of persons who may invoke immunity from
writ and legal process as well as from arrest:
1. Diplomats,
2. Agents, representatives or officials of states, and
3. Officials or representatives of international
organizations, such as the United Nations and
specialized agencies. (Public International Law by Ruben
Agpalo)
 The Court in World Health Organization vs. Aquino,
applied RA 75 to nullify the search warrant issued by
a trial court for the search and seizure of personal
effects of an official of the World Health Organization
(WHO).
F. General Principles of Treaty Law
F.1 Treaty
An international agreement concluded between states in
written form and governed by international law, whether
embodied in a single instrument or in two or more related
instrument.45
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TYPES OF TREATIES
8. Multilateral treaties
open to all states; create norms as basis for general rule of law;
they are either codification of treaties or law-making treaties.
9. Bilateral treaties (contract treaties)
gg. treaties between two States which are contractual in nature
which create reciprocal expectations.
TREATY-MAKING PROCESS
NEGOTIATION  SIGNATURE RATIFICATION
10. Negotiation
This is the process where provisions of provisions of a
proposed treaty are discussed by the representatives of the
contracting states possessing full powers.
 An act relating to the conclusion of a treaty by one
who has no proper authorization has no legal effect
unless confirmed by his state.
Authority to negotiate
a) Authorization must be secured by the lead agency
from the President through the Secretary of Foreign
Affairs;
b) The request for authorization must be in writing,
proposing the composition of the Philippine
delegation and recommending the range of positions
to be taken by that delegation. (Section 3 of Executive
Order No. 459)
 For the negotiations of agreements, changes of
national policy or international arrangements of a
permanent character entered into in the name of the
Government of the Republic of the Philippines:
Authorization shall be in the form of full powers and formal
instructions.
 For other agreements: Written authorization from the
President shall be sufficient.
Full Powers
 It is the authority granted unto a representative of the
state to enter into, negotiate, sign and seal a treaty.
This may be delegated by the President to the
Secretary of Foreign Affairs. (E.O. 459)
 Persons with authority to negotiate or sign a treaty or
an executive agreement:
1. Secretary of the Department of Foreign Affairs;
2. Heads of Philippine diplomatic missions, for the
purpose of adopting a text of a treaty or an
agreement between the Philippines and the State
to which they are accredited; or
3. Representatives accredited by the Philippines to
an international conference or to an
international organization or one of its organs,
for the purpose of adopting the text of a treaty in
46
Pimentel vs. Executive Secretary, G.R. No. 158088, July 6, 2005.
47
Article 2, VCLOT, 1969.
48
Qatar v. Bahrain, Jurisdiction and Admissibility, Judgment, ICJ
Reports, 1994.
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that conference, organization or organ.
 The power to ratify is vested in the President, subject to
the concurrence of the Senate. The role of the Senate is
limited only to giving or withholding its consent or
concurrence to the ratification.
 It is within the authority of the President to refuse to
submit a treaty to the Senate, or, having secured its
consent for its ratification, refuse to ratify it.46
2. Signature
It serves as authentication of the document; it makes the text
authoritative and definitive.
Under international law, although a mere Signatory is not
strictly bound to the provisions of a treaty, nonetheless they
are bound not to defeat the object and purpose of the treaty
(Art.18(a) VCLT)
3. Consent (to be bound to the treaty)
 Consent may be expressed by47:
o Signature;
o Exchange of instruments constituting
a treaty;
o Ratification;
o Acceptance;
o Approval or accession; or
o Any other means if so agreed
 No form is required for treaties. Exchange of
notes between the two heads of state may be
considered as an international agreement.48
 The Vienna Convention only covers agreements
between States which are in writing and which
are governed by international law.49
 States which did not participate in the initial
negotiation may express their consent to be
bound by accession.50
 The following are excluded51 from the Vienna
Convention on the Law of Treaties:
1. Those concluded between states and other
subjects of international law;
2. Those agreements not in written form;
3. Those which are governed by the national
law of one of the parties or by any other
national law system chosen by their parties.
4. Reservation
 It is a unilateral statement, however phrased or
named, made by a State when signing, ratifying,
accepting, approving or acceding to a treaty, whereby
it purports to exclude or to modify the legal effect of
certain provisions of the treaty in their application to
the State.
 Reservation is not allowed:
o When the treaty prohibits it;
49
Magallona, supra 30.
50
Article 15, VCLOT, 1969.
51
Ibid.
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 Political Law Constitutional Law I

o Only specified reservations may be made; 2. Amendment and Modification of a Treaty

or
o Reservation is incompatible with the object
Amendment
and purpose of the treaty.52
 It is a formal revision done with the participation, at
least in its initial stage by all the parties to a treaty.
Principles

• Pacta sunt servanda53 - Every treaty in force is binding upon Modification

the parties to it and must be performed by them in good
faith.  It involves only some of the parties

• Pacta tertiis nec nocent nec prosunt - A State is not bound to
act in accordance with a treaty if it is not a party to a treaty
Except if that treaty codifies customary
international law.
GR: The consent of all parties is required.
Exception: If allowed by the treaty itself, two states may
modify a provision only inofar as they are concerned.

• Doctrine of unequal treaties 3. Termination of Treaties

Originally called for treaties signed by the
Chinese with Western Powers after suffering
military defeat, this doctrine implies that they
were establishing a system of benefits for the
“civilized” powers, while restricting the
sovereignty of the “uncivilized” and subordinate
states.54
• Rebus sic stantibus - legal principle that justifies non-
performance of treaty obligations where unforeseen or
substantial changes occur which would render one of the
parties thereto unable to undertake treaty obligations as
stipulated therein.
F.3. Invalidity of Treaties
The following are grounds to invalidate treaties under VCLT:
11. Error55
hh. It must relate to a fact or situation which was assumed by
the State to exist at the time when the treaty was concluded
and formed an essential basis of its consent to be bound by
the treaty.
 Cannot be invoked if the State contributed by its own
conduct to the error or if the circumstances were such
as to put that state on notice of a possible error.
 Fraud56 - It must be through the fraudulent act of
another negotiating state.
 Corruption of a representative of a state - It must be
corruption, direct or indirect, by another negotiating
state.
 Coercion of a state by the threat or use of force.57
 Violation of a peremptory norm of international law
(jus cogens)
 Violation of internal law of a state58 - The violation
must be manifest and concern a rule of its internal law
of fundamental importance.
1. Desistance of parties by mutual consent (express);
2. Expiration of term;
3. Accomplishment of purpose;
a. Material breachMaterial breach consists of:
i. A repudiation of the treaty not
sanctioned by the VCLT; or
4. Violation of a provision essential to the
accomplishment of the object or purpose of the treaty;
Supervening impossibility of performance
Requisites:
a. Must result from the permanent
disappearance or destruction of an object
indispensable for the execution of the
treaty;
b. Impossibility of performance must not be a
result of a breach by the party invoking it,
either of an obligation under the treaty or
of any other international obligation owed
to any other party or the treaty;
5. Loss of subject matter;
6. Novation;
7. Rebus sic stantibus;
8. Fundamental change of circumstance59
9. Outbreak of war; or
10. Violation of jus cogens.
Distinction between a treaty and an executive agreement
 Treaty
o Involves political issues or changes of
national policy
o Involves international agreeements of a
political character
 Executive agreement
o Adjustments of detail carrying out well-
established national and international
policies and traditions and those involving

52 55
Article 19, VCLT, 1969. Article 48, VCLT.
53 56
Article 26, VCLT Article 49, VCLT.
54 Unequal Treaties in International Law, Perez and Yaneva, 57
Article 52, VCLT.
58
Article 46, VCLT.
accessed on June 28, 2017, available at 59
Article 62, VCLOT.
http://www.oxfordbibliographies.com/view/document/ob
o-9780199796953/obo-9780199796953-0131.xml

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arrangements of a more or less temporary H.1. Doctrine of State Responsibility

nature.60
This doctrine posits that a state is responsible for every
internationally wrongful act committed by it and is liable for
G. Nationality and Statelessness the acts of its officials only when the act is attributable to the
state.

Elements of State Responsibility

Nationality
It is the ties that binds an individual to his state, from which he
can claim protection and whose laws he is obliged to obey. It is
membership in a political community with all its concomitant
rights and obligations.61
ii. Existence of an international legal obligation in force as
between the two states;
 Act or omission which violates that obligation and
which is imputable to the state responsible; and
 Loss or damage has resulted from the unlawful act or
omission.67

Multiple Nationality
Elements of An Internationally Wrongful Act
Possession by an individual of more than one nationality. It is
1. The act or omission is attributable to the State under
acquired as the result of the concurrent application to him of
international law - need not be punishable by local
the conflicting municipal laws of two or more states claiming
law; may be deemed lawful in internal law; and
him as their national.62
2. The act constitutes a breach of an international
obligation of the State (international delinquency)
• Nationality is within the domestic jurisdiction of the state,
which settles by its own legislation, the rules relating to the
acquisition of its nationality. H.2. Treatment and Protection of Aliens
• When two states confer their nationality upon the same States are not obliged to admit aliens to their territory, but if
person, this becomes an issue of international law.63 they permit aliens to come, they must treat them in a civilized
manner.68

Doctrine of Indelible Allegiance

Standard of Protection of Aliens
An individual may be compelled to retain his original
nationality notwithstanding that he has already renounced or 1. Doctrine of “national treatment” or “equality
forfeited it under the laws of a second state whose nationality treatment”
he has acquired.64 Aliens are treated in the same manner as nationals of
• Effective/Genuine link rule: Nationality constitutes the the state where they reside.69
juridical expression of the fact that an individual is more
closely connected with the population of a particular state.65 2. Minimum international standard
Aliens should be protected by certain minimum
standards of human protection.70

Statelessness
It is the condition or status of an individual who is born
without any nationality or who loses his nationality without
retaining or acquiring another.66
H. State Responsibility and Treatment of Aliens
Right of Diplomatic Protection
 The state of an injured alien may make a claim against
the other state to obtain compensation or some other
forms of redress.
o May be done through negotiation,
arbitration or judicial settlement.
o Must first exhaust all local remedies, and
may seek diplomatic protection only if all
local remedies fail.71

 States have no duty to provide diplomatic protection

60
Bernas, Joaquin, S.J., “ Constitutional Structure and Powers of 65
Nottebohm Case.
Government: Notes and Cases, Part I.” 66
Cruz, p. 189.
61 67
Cruz, Isagani, A. (2003) International Law. Central Lawbook Shaw, 2003.
Publishing Co., Inc. 68
Malanczuk, P. (1997) Akehurst’s Modern Introduction to International
62
Cruz, p. 184 Law, 7th Revised Ed. Routledge.
63 69
Nottebohm Case, Second Phase (Liechtenstein v. Guatemala), Bernas, p. 225.
70
Judgment, ICJ, 1955. Bernas, p. 226.
64 71
Cruz, supra. Malanczuk

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Political Law
for their nationals abroad. It is the right of the State to
exercise it or not.72
 Customary international law provides that before
international proceedings are instituted or claims or
representations made, the remedies provided by the
local state should have been exhausted.73
 The rule on the exhaustion of local remedies only
apply when the state is complaining of injury to its
nationals; it does not apply where one state has been
guilty of a direct breach of international law causing
immediate injury to another.74
Methods to Avoid Liability
1. Calvo clause
A stipulation by which an alien waives his right to
appeal to his own state in connection with any claim
arising from the contract and agrees to limit himself
to the remedies available under the laws of the local
states.
2. Deportation
The removal of an alien from the host state.
3. Exclusion
The denial of entry of the alien to the host state.
4. Extradition
The surrender of an individual accused or convicted
of a crime by a State within whose territory he is
found and his delivery to the State where he
allegedly committed crime or was convicted of a
crime.75
I. Jurisdiction of States
i. 1. Territoriality principle
The fundamental source of jurisdiction is sovereignty over
territory. A state has absolute, but not necessarily exclusive,
power to prescribe, adjudicate and enforce rules for conduct
that occurs within its territory. Hence, it is necessary that
boundaries be determined.
Summary of the rules on boundaries where states are not
islands but parts of a larger land mass (Third Restatement):
(1) The boundary separating the land areas of two states
is determined by acts of the states expressing their
consent to its location.
(2) Unless a consent to a different rule has been
expressed,
(a) when the boundary between two states is a
navigable river, its location is the middle of the
channel of navigation (Thalweg doctrine)',
72
Interhandel Case, Judgment, ICJ Reports, 1957.
73
Shaw, 2003.
74
Shaw, 2003.
75
Magallona, 2005.
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(b) When the boundary between two states is a non-
navigable river or a lake, its location is the middle of
the river or lake.
Las Palmas case: to have jurisdiction, occupation is not enough;
control must also be established.
Effects Doctrine
An aspect of the territoriality principle. A state also has
jurisdiction over acts occurring outside its territory but having
effects within it.
This was enunciated in the Lotus case, an early case dealing
with territorial jurisdiction. The effects doctrine itself consists
of two principles:
1. Subjective territorial principle - gives a State jurisdiction
to prosecute and punish for crimes commenced
within the state
2. Objective territorial principle - gives a State jurisdiction
to prosecute and punish for crimes consummated
within its territory. (Lotus case)
i. 2. Nationality principle and statelessness
Nationality
Each state has the right to decide who are its nationals using
either the principle of jus sanguinis or jus soli or naturalization
laws.
 However, for a state to claim a person as a national, the
state must have reasonable connection or an “effective
link” with that person (Nottebohm case, Liechtenstein v.
Guatemala76).
Statelessness
Stateless persons are those who do not have a nationality. They
are either de jure (with lost nationality) or de facto (with
nationality, but denied state protection) stateless.
i. 3. Protective principle
A state may exercise jurisdiction over conduct outside its
territory that threatens its security, as long as that conduct is
generally recognized as criminal by states in the international
community. (Restatement 402[3])
 Excludes acts committed in exercise of the liberty
guaranteed an alien by the law of the place where the act
was committed.
i. 4. Universality principle
Certain activities, universally dangerous to states and their
subjects, require authority in all community members to
76 Bernas, Joaquin, S.J. (2009). Introdiction to Public
International Law. Rex Printing Company, Inc.
190
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punish such acts wherever they may occur, even absent a link regulation, the likelihood of conflict with regulation by another
between the state and the parties or the acts in question. state.

The International Criminal Court defines the crimes which

Universality principle applies:
a) Genocide;
b) Crimes against humanity; and
c) War Crimes
i. 5. Passive personality principle
A State may apply its criminal law when the victim of an act is
its national, even if the same is committed outside its territory
 Usually applicable to terrorist and other organized
attacks (§ 402 of Third Restatement).
i.6. Conflicts of jurisdiction
Since there are various accepted principles for assuming
jurisdiction, more than one state may have a valid claim to
jurisdiction. U.S. courts have attempted to develop more
sophisticated modes of resolving conflict of jurisdiction.
Forum non conveniens
If in the whole circumstances of the case it be discovered
that there is a real unfairness to one of the suitors in
permitting the choice of a forum which is not the natural
or proper forum, either on the ground of convenience of
trial or the residence or domicile of parties or of its being
the locus contractus, or locus solutionis, then the doctrine of
forum non conveniens is properly applied.
 Application is discretionary with the court. Interests
which the court needs to weigh are divided into private
interest factors and public interest factors. Forum non
conveniens presumption is with the plaintiff. Piper Aircraft
Co. v. Reyno,5 is a leading application of the principle.
J. Treatment of aliens

Three modes: J. 1. Extradition

Extradition
The removal of an accused from the Philippines with the object
The Balancing Test of placing him at the disposal of foreign authorities to enable
the requesting state or government to hold him in connection
1. Was there an actual or intended effect on American foreign
with any criminal investigation directed against him or the
commerce?
execution of a penalty imposed on him under the penal or
criminal law of the requesting state or government. (P.D. 1069,
2. Is the effect sufficiently large to present a cognizable injury
the Philippine Extradition Law)
to the plaintiffs and, therefore, a civil violation of the anti-
trust laws?

3. Are the interests of, and link to, the United States . . .
including effects on American foreign commerce j.1. A. Principles
sufficiently strong, vis-d-vis those of other nations, to justify
an assertion of extraordinary authority.
Principle of Specialty
If the answer is yes to all these, then the court will assume
The fugitive may be tried only for the crime specified in the
jurisdiction. (Timberlane Lumber Co. v. Bank of America)
request for extradition, and only when the crime is included in
the list of offenses in the treaty.

International Comity
Even when a state has basis for exercising jurisdiction, it will Basis of Extradition
refrain from doing so if its exercise will be unreasonable
Extradition is based on the consent of the state of asylum as
(Hartford Fire Insurance Co. v. California, Third Restatement §§
expressed in a treaty or manifested as an act of goodwill.77
403).
Any person may be extradited, whether he be a national of the
Unreasonableness is determined by evaluating various factors,
requesting State, of the state or refuge or of another state.78
such as the link of the activity to the territory of the regulating
state, the connection, such as nationality, residence, or
Political and religious offenders are generally not subject to
economic activity, between the regulating state and the person
extradition.79
principally responsible for the activity to be regulated, the
character of the activity to be regulated, the existence of
justified expectations that might be protected or hurt by the

77 79
Cruz, p. 203, citing Fenwick. Cruz, p. 203.
78
Cruz, 2003, citing Oppenheim and Lauterpacht.

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Attentat Clause K.1. Universal Declaration of Human Rights

The murder of the head of state or any member of his family is
not to be regarded as a political offense for purposes of
extradition.80
In the absence of special agreement, the offense must have
been committed within the territory or against the interests of
the demanding state.
It was adopted by the U.N. General Assembly, composing of
48 countries, on December 10, 1948. The UDHR is considered
as a “common standard of achievement for all peoples and all
nations.”82
k.2. International Covenant on Civil and Political Rights

ICCPR was adopted and opened for signature, ratification and

Rule of Double Criminality accession by the U.N. General Assembly Resolution 2200 of
December 16, 1966. It entered into force on March 23, 1976.
The act for which the extradition is sought must be punishable
in both the requesting and requested states.

 Extradition may be resorted to when only if there is an Substantive Rights under ICCPR
extradition treaty between the two states. If there is no
extradition treaty, the host state has the right to grant 3. Right to life, liberty and property
asylum; the individual has no right to demand asylum. 4. Right to equality
5. Freedom from torture and ill-treatment
6. Right to adequate prison conditions
7. Freedom of movement
8. Recognition and protection of legal personality and
j.1.C. Distinction between Extradition and Deportation privacy
9. Freedom of thought, conscience, religion and
expression
10. Freedom of association
Extradition Deportation 11. Protection of minorities
12. Right to self-determination
 Surrender of a fugitive  Expulsion of an alien
by one state to another considered undesirable Article 4 (1) of the ICCPR.
where he is wanted for by local state, usually In time of public emergency which threatens the life of
prosecution or, if but not necessarily to the nation and the existence of which is officially
already convicted, for his own state. proclaimed, the States Parties to ICCPR may take
punishment.  It is a unilateral act of measures derogating from their obligations under the
the local state and is Covenant to the extent strictly required by the exigencies
 Surrender is made at the made in its own of the situation, provided that such measures are not
request of the latter interests. inconsistent with their other obligations under
state on the basis of  Undesirable alien may international law and do not involve discrimination
extradition treaty. be sent to any state solely on the ground of race, colour, sex, language,
willing to accept him. religion or social origin.
 Alien will be
surrendered to the state  Resident/host state that
asking for his initiates deportation
extradition.
 Nature of offense: Non-derogable83 Rights under ICCPR
 State of origin that administrative 1. Right to life (Article 6)
initiates the proceedings
2. Freedom from torture and other inhuman punishment
(Article 7)
 Nature of offense:
3. Freedom from enslavement and servitude (Article 8 (1)
criminal
and (2))
4. Protection from imprisonment for inability to fulfill
contractual obligations (Article 11)
5. Protection from ex post facto laws (Article 15)
K. International Human Rights Law 6. Right to recognition everywhere as a person before the law
(Article 16)
Human rights are those inalienable and fundamental rights 7. Freedom of thought, conscience and religion (Article 18)
which are essential for life as human beings.81

80 82
Cruz, p. 204 Preamble, UDHR
81 83
Bernas, p. 248. Article 4(2)

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Optional Protocols to the International Covenant on Civil and p. Right to own property alone as well as in
Political Rights association with others
q. Freedom of thought, conscience and religion
First Optional Protocol r. Freedom of opinion and expression
It was entered into force on March 23, 1976. It is designed to s. Freedom of peaceful assembly and association
enable private parties who are victims of human rights t. Right to take part in government of his country,
violations.84 directly or through freely chosen
representatives; right of equal access to public
Second Optional Protocol service in his country.
It was entered by General Assembly Resolution 44/128 on
December 15, 1989. It is adopted to abolish the death penalty. 2. Second Generation (Economic, Social and Cultural Rights)
a. Right to work, to free choice of employment, to
just and favorable conditions of work and to
protection against unemployment.
k.3. international Covenant on Economic, Social and Cultural
b. Right to rest and leisure
Rights c. Right to a standard of living adequate for the
health and well-being of himself and of his
family
d. Right to education
Substantive Rights under ICESCR e. Right to freely participate in the cultural life of
the community, to enjoy the arts and to share in
1. Right to work
scientific advancement and its benefits.
2. Right to favorable conditions of work
3. Right to form free trade unions
3. Third Generation
4. Right to social security and insurance
a. Right to peace
5. Right to adequate standard of living
b. Right to a clean environment
6. Right to special assistance for families
c. Right to self-determination
7. Right to the highest standard of physical and mental health
d. Right to the common heritage of mankind
8. Right to education including compulsory primary
e. Right to development
education
f. Minority rights
9. Right to the enjoyment of cultural and scientific benefits
and international contacts
L. Basic Principles of International Humanitarian Law and
neutrality

Three Generations of Human Rights
1. First Generation (Civil and Political Rights or Fundamental
Rights.
a. Right to life, liberty and security of person
b. from slavery or servitude
c. Freedom from torture or to cruel, inhuman or
degrading treatment or punishment
d. Right to equal protection of the law
e. Right to recognition everywhere as a person
before the law
f. Right to an effective remedy by the competent
national tribunals
g. Freedom from arbitrary arrest, detention or exile
h. Right to a fair and public hearing by an
independent and impartial tribunal
i. Right to be presumed innocent until proved
guilty
j. Freedom from arbitrary interference with his
privacy, family, home or correspondence
k. Freedom of movement and residence within the
borders of each state
l. Right to leave any country, including his own,
and to return to his country.
m. to seek and enjoy in other countries asylum from
persecution
n. Right to a nationality
o. Right to marry and found a family
International humanitarian law provides for instances when
the use of armed force is justifiable (jus ad bellum) and it
regulates the conduct of armed conflict (jus in bello).85
Jus ad bellum Jus in bello
The rules of international Rules by which
law governing the legality international law regulates
of the use of force by States. the actual conduct of
These constitute the legal hostilities once the use of
justifications for the use of force has begun.
force under international
law.
• International humanitarian law applies from the initiation
of such armed conflicts and extends beyond the cessation of
hostilities until a general conclusion of peace is reached.86
• Armed conflicts exist whenever there is a resort to armed
force between states or protracted armed violence between
governmental authorities and organized armed groups or
between such groups within a state.87
L.1. Categories of armed conflicts
 International Armed Conflict

84 86
Bernas, p. 259. Prosecutor v. Tadic
85 87
Bernas, p. 307. Prosecutor v. Tadic, Appeals Chamber, Case No. IT-94-1-AR 72

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Political Law Constitutional Law I

o A state of war between two or more states, Persons hors de combat

even if one does not recognize it. It may
take the form of a direct conflict between
A person is hors de combat if:
States or of intervention.88
 Internal or Non-international Armed Conflict (NIAC) 1. He is in the power of an adverse party;
o Non-international armed conflict under 2. He clearly expresses an intention to surrender;
Common Article 3 of the Geneva or
Conventions 3. He has been rendered unconscious or is
 Armed conflict not of an otherwise incapacitated by wounds or sickness,
international character occurring and therefore is incapable of defending himself.
in the territory of one of the High
Contracting Parties.
o Non-international armed conflict under
Additional Protocol II to the Geneva Fundamental Guarantees92
Conventions
1. Civilians and persons hors de combat must be treated
 Conflicts that take place in the
humanely
territory of a High Contracting
2. Adverse distinction in the application of
Party between its armed forces
international humanitarian law is prohibited.
and dissident armed forces or
3. Murder is prohibited
other organized armed groups
4. Torture, cruel or inhuman treatment and outrages
which, under responsible
upon personal dignity, in particular humiliating and
command, exercise such control
degrading treatment, are prohibited.
over a part of its territory as to
5. Corporal punishment is prohibited.
enable them to carry out
6. Mutilation, medical or scientific experiments are
sustained and concerted military
prohibited.
operations.
7. Rape and other forms of sexual violence are
 War of National Liberation
prohibited.
o Armed conflicts in which people are
8. Slavery and the slave trade in all their forms are
fighting against colonial domination and
prohibited.
alien occupation and against racist regimes
9. Uncompensated or abusive forced labour is
in the exercise of their right of self-
prohibited.
determination.89
10. The taking of hostages is prohibited.
11. The use of human shields is prohibited,
12. Enforced disappearance is prohibited.
Core international obligations of states in International 13. Arbitrary deprivation of liberty is prohibited.
14. No one may be convicted or sentence, except
Humanitarian Law
pursuant to a fair trial affording all essential judicial
guarantees.

Civilian
Any person not a combatant; in case of doubt whether a
person is a civilian, that person shall be considered to be a
civilian.90
Civilian population
It comprises all persons who are civilians. The presence within
the civilian population of individuals who do not come within
the definition of civilians does not deprive the population of its
civilian character.91
Principles of International Humanitarian Law
• The parties to the conflict must at all times distinguish
between civilians and combatants. Attacks may only be
directed against combatants. Attacks must not be directed
against civilians.
• There must be a distinction between civilian objects and
military objectives. No attacks may be directed against
civilian objects.
• Indiscriminate attacks are prohibited.
• There must be proportionality in attack.
• In the conduct of military operations, constant care must be
taken to spare the civilian population.
• There must be precautions against the effects of attacks.
• Medical personnel exclusively assigned to medical duties

88
Common Artice 2 of the Geneva Conventions 92
Henckaerts, J.-M. (2005). “Study on customary international
89
Article 1(4), Additional Protocol I to the Geneva Coneventions humanitarian law”, International Review of the Red Cross, Vol. 87, No.
90
Article 50(1) of Additional Protocol I to the Geneva Conventions. 857.
91
Article 50(2) and (3) of Additional Protocol I of the Geneva
Conventions

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 Political Law
must be respected and protected in all circumstances.
• Religious personnel exclusively assigned to religious duties
must be respected and protected in all circumstances.
• Cultural property must be respected.
• There must be no superfluous or unnecessary suffering in
the use of means and methods of warfare.
• The use of poison or poisoned weapons is prohibited.
• The use of biological weapons is prohibited.
Prisoners of war
Prisoners of war are persons enumerated under Article 4 of the
Third Geneva Convention, who have fallen into the power of
the enemy.
• Prisoners of war must at all times be humanely treated
(Article 13, paragraph 1).
• Prisoners of war must at all times be protected, particularly
against acts of violence or intimidation and against insults
• War activities by or on behalf of any of the belligerents may
and public curiosity (Article 13, paragraph 2).
• Prisoners of war are entitled in all circumstances to respect
• Neutral territories cannot be used by the belligerents for the
for their persons and their honour (Article 14).
• Women shall be treated with all the regard due to their sex
and shall in all cases benefit by treatment favorable as that
granted to men (Article 14, paragraph 2)
• Prisoners of war shall retain full civil capacity which they
enjoyed at the time of their capture (Article 14, paragraph
3).
Law on neutrality
Neutrality
It is a condition where a state does not take part, directly or
indirectly, in a war between other states.93
 Neutrality exists during the time of war.
 Only states may become neutral.
Neutralization
It is a result of a treaty wherein the duration and the other
conditions of the neutralization are agreed upon by the
neutralized state and other powers.
 Neutralization operates both in times of peace and in
times of war. 94
Rights and Duties of Neutral States
A neutral state has the right and duty to:
93
Cruz, p. 242.
94
Cruz, p. 243.
95
Cruz, p. 243-4, citing Schwarzenberger.
96
Cruz, p. 244, citing the Hague Convention of 1907
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1. Abstain from taking part in the hostilities and
from giving assistance o either belligerent;
2. Prevent its territory and other resources from
being used in the conduct of hostilities by the
belligerents;
3. Acquiesce in certain restrictions and limitations
that the belligerents may find necessary to impose,
especially in connection with international
commerce95
Rights and Duties of Belligerent States
Belligerents are bound to:
1. Respect the status of the neutral state;
2. Submit to any lawful measures it make take to
maintain or protect its neutrality.
Neutral Territories
not be undertaken in the territory of the neutral state.
movement of troops, transports of military supplies,
erection of wireless stations for exclusively military
purposes, recruiting soldiers and military operations.96
Contraband
It is a term applied to goods which, although neutral property,
may be seized by a belligerent because they are useful for war
and are bound for a hostile destination.97
Doctrine of Ultimate Consumption
Goods intended for civilian use which may be ultimately find
their way to and be consumed by the belligerent forces are also
liable to seizure on the way.98
Doctrine of Infection
Contrabands shipped together with innocent goods belonging
to the same owner may be confiscated.99
Doctrine of Ultimate Destination
Liability of contraband to capture is determined not by their
ostensible but by their real destination.100
97
Cruz, p. 249.
98
Cruz, p. 250.
99
Cruz, p. 250.
100
Cruz, p. 251.
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Political Law
Doctrine of Continuous Voyage
When the goods are reloaded at the intermediate port on the
same vessel.101
Doctrine of Continuous Transport
When the goods are reloaded on another vessel or other form
of transportation.
Blockade
It is a hostile operation by means of which the the vessel and
aircraft of one belligerent prevent all other vessels including
those of neutral states, from entering or leaving the ports or
coats of the other belligerent, the purpose being to shit off the
place from international commerce and communication with
other states.102
Unneutral Service
It consists of acts, of a more hostile character than carriage of
contraband or breach of blockade, which are undertaken by
merchant vessels of a neutral state in aid of any of the
belligerents.103
Angary
By the right of angary, a belligerent may, upon payment of just
compensation, seize, use or destroy, in case of urgent necessity
for purposes of offenses or defense, neutral property found in
its territory, in enemy territory, or on the high seas.104
Termination of Neutrality, when:
1. When the neutral state itself joins the war; or
2. Upon the conclusion of peace.
L.2. RA No. 9851 - Philippine Act on Crimes Against
International Humanitarian Law, Genocide, and Other Crimes
Against Humanity
 Its primary purpose is to (1) uphold the principles
provided under International Law, (2) renounces was
as an instrument of national policy (3) upholds
dignity and human rights
 War crimes – Shall only be applicable in times of war.
 Any of the following act shall be considered as war
crime when committed in times of an international
armed conflict
a. Willful killing;
b. Torture or inhuman treatment
101
Cruz, p. 252.
102
Cruz, p. 252.
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Constitutional Law I
c.
Willfully causing great suffering, or serious
injury to body or health;
d. Extensive destruction and appropriation of
property not justified by military necessity;
e. Willful deprivation of a prisoner of war its
rights of fair and regular trial;
f. Arbitrary deportation or forcible transfer of
population or unlawful confinement;
g. Taking of hostages
h. Compelling a prisoner of war or other
protected person to serve in the forces of a
hostile power;
i. Unjustifiable delay in repatriation of
prisoners of war
2. Any of the following act shall be considered as war
crime when committed in times of non- international
armed conflict
3. Genocide: acts with intent to destroy, in whole or in
part, a national, ethnic, racial, religious, social or any
other similar stable and permanent group as such:
o Killing or injuring members of the group
physically and mentally;
o Imposing measures intended to prevent births
within the group; and
o Forcibly transferring children of the group to
another group
 It shall be unlawful for any person to
directly and publicly incite others to
commit genocide. (Sec. 5, RA 9851)
o Other Crimes Against Humanity:
 any of the following acts when committed
as part of a widespread or systematic
attack directed against any civilian
population, with knowledge of the attack:
• Extermination;
• Enslavement;
• Arbitrary deportation or forcible transfer
of population;
• Imprisonment or other severe deprivation
of physical liberty in violation of
fundamental rules of international law;
• Rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual
violence of comparable gravity;Torture;
• Persecution against any identifiable group
or collectivity on political, racial, national,
ethnic, cultural, religious, gender, sexual
orientation or other grounds that are
universally recognized as impermissible
103
Cruz, p. 253.
104
Cruz, p. 254.
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Political Law
under international law, in connection
with any act referred to in this paragraph
or any crime defined in this Act;
• Enforced or involuntary disappearance of
persons;
• Apartheid; and
• Other inhumane acts of a similar character
intentionally causing great suffering, or
serious injury to body or to mental or
physical health. (Sec. 6, RA 9851)
 Penalties Imposed
o Criminal Liability Such as:
o Individual Criminal Responsibilities (Sec. 8, RA
9851)
o Irrelevance of Official Capacity (Sec. 9, RA 9851)
o Responsibility of Superiors (Sec. 10, RA 9851)
 Non-prescription of the Crimes Committed under this law
(Sec. 11, RA 9851)
 Orders from a Superior (Sec. 12, RA 9851):
o (a) The person was under a legal obligation to
obey orders of the government or the superior in
question;
o (b) The person did not know that the order was
unlawful; and
o (c) The order was not manifestly unlawful.
Note: For the purposes of this section, orders to commit genocide or
other crimes against humanity are manifestly unlawful.
 Protection of Victims and Witnesses (Sec. 13, RA 9851)
 Reparation to Victims and Procedural Rules for
Reparations (Sec. 14, RA 9851)
 Applicability of International Law – The Philippine Courts
shall be guided by the following sources of International
Law:
o The 1948 Genocide Convention;
o The 1949 Geneva Conventions I-IV, their 1977
Additional Protocols I and II and their 2005
Additional Protocol III;
o The 1954 Hague Convention for the Protection
of Cultural Property in the Event of Armed
Conflict, its First Protocol and its 1999 Second
Protocol;
o The 1989 Convention on the Rights of the Child
and its 2000 Optional Protocol on the
Involvement of Children in Armed Conflict;
o The rules and principles of customary
international law;
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o The judicial decisions of international courts and
tribunals;
o Relevant and applicable international human
rights instruments;
o Other relevant international treaties and
conventions ratified or acceded to by the
Republic of the Philippines; and
o Teachings of the most highly qualified publicists
and authoritative commentaries on the
foregoing sources as subsidiary means for the
determination of rules of international law. (Sec
15, RA 9851)
 The Revised Penal Code and other General and Special
Penal Law shall be suppletory application to the
provisions of RA 9851 (Sec. 16, RA 9851)
 Jurisdiction:
o The State shall exercise jurisdiction over
persons, whether military or civilian, suspected
or accused of a crime defined and penalized in
this Act, regardless of where the crime is
committed, provided, any one of the following
conditions is met:
▪ The accused is a Filipino citizen;
▪ The accused, regardless of citizenship
or residence, is present in the
Philippines; or
▪ The accused has committed the said
crime against a Filipino citizen. (Sec.
17, RA 9851)
Note: No criminal proceedings shall be initiated against foreign
nationals suspected or accused of having committed the crimes
defined and penalized in this Act if they have been tried by a
competent court outside the Philippines in respect of the same offense
and acquitted, or having been convicted, already served their
sentence.
M. Law of the sea
It is the branch of public international law which regulates the
relations of states with respect to the use of the oceans.
M.1. Baselines
Baselines
The baseline is the water line along the coast as marked on
large scale charts officially recognized by the coastal State. It is
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Political Law
a line from which the width of the territorial sea is
measured.105
Two Ways of Drawing the Baseline
1. Normal baseline
This line follows the curvatures of the coast and
therefore would normally not consist of straight
lines.106
2. Straight baseline
This line is drawn connecting selected points on the
coast without appreciable departure from the
general shape of the coast.107 Under R.A. 3046 and
R.A. 5446, straight baselines are drawn around the
Philippines.
M.2. Archipelagic states
An archipelagic State is a State constituted wholly by one or
more archipelagos and may include other islands.108
M.2.a) Straight archipelagic baselines
An archipelagic state may draw straight archipelagic
baselines joining the outermost points of the outermost
islands and drying reefs of the archipelago
Provided: Within such baselines are included the
main islands and an area in which the ratio of the
area of the water to the area of the land, including
atolls, is between 1 to 1 and 9 to 1.109
m.2.b) Archipelagic waters
Waters enclosed by the archipelagic baselines drawn in
accordance with Article 47 of UNCLOS, regardless of
their depth or distance from the coast.110
M.2.c) Archipelagic sea lanes passage
It is the exercise of the rights of navigation and over
flight in the normal mode solely for the purpose of
continuous, expeditious and unobstructed transit
between one part of the high seas or an exclusive
economic zone and another part of the high seas or an
exclusive economic zone.111
105
Bernas, p. 120.
106
Bernas, p. 120.
107
Bernas, p. 121.
108
Article 46, United Nations Convention on the Law of the Sea
(UNCLOS).
109
Article 47, UNCLOS.
110
Article 49(1), UNCLOS
111
Article 53(2), UNCLOS.
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M.3. Internal waters
All waters landwards from the baseline of the territory.
Sovereignty over internal waters is the same as sovereignty
over land, and internal waters are not subject to the right of
innocent passage.112
When straight baseline is established, enclosing areas as
internal waters which were nor previously considered as part
of internal waters, a right of innocent passage shall exist in those
areas or waters.113
M.4. Territorial sea
It is a belt of sea outwards from the baseline and up to 12
nautical miles beyond.
 Sovereignty of a coastal state extends to the air space
over the territorial sea as well as to its bed and subsoil,
but sovereignty over the territorial sea is exercised subject
to UNCLOS and other rules of international law.114
 When the application of the 12-mile rule to
neighboring littoral states results in overlapping, a
median line equidistant from the opposite baselines will be
applied instead.115
o Exception: Median-line rule does not apply
where historic title or other special
circumstance requires a different rule of
delimitation of territorial seas.116
M.5. Exclusive economic zone
It is an area extending not more than 200 nautical miles beyond
the baseline. The coastal state has rights over the economic
resources of the sea, seabed and subsoil, but the right does not
affect the right of navigation and overflight of other states.117
M.6. Continental shelf
Continental shelf, archipelagic shelf or insular shelf for
archipelagos, refers to the seabed and subsoil of the submarine
areas adjacent to the coastal state but outside the territorial sea,
to a depth of 200 meters, or, beyond the limit, to where the
depth allows exploitation, and the seabed and subsoil of areas
adjacent to islands.118
Extended continental shelf
Under Art. 76 of the UNCLOS, every coastal nation is entitled
to delineate the outer limit of its continental shelf beyond 200
nautical miles from shore. Within this extended continental
112
Bernas, p. 124.
113
Article 8(2), UNCLOS.
114
Article 2, UNCLOS.
115
Bernas, p. 120.
116
Article 15, UNCLOS.
117
Bernas, p. 128.
118
Bernas, p. 128.
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shelf, the coastal state has sovereign rights over the natural consequence and the injury is established by clear and
resources on and beneath the seabed. convincing evidence.”

General Duty of Co-operation

M.7. International Tribunal for the Law of the Sea
The Tribunal has jurisdiction over all disputes and all
applications submitted to it in accordance with the UNCLOS
and all matters specifically provided for in any other
agreement which confers jurisdiction on the Tribunal.119
N. International environmental law
It is the branch of public international law comprising those
substantive, procedural, and institutional rules which have as
their primary objective the protection of the environment, the
term environment being understood as encompassing ”both
the features and the products of the natural world and those of
human civilization”
“States have the duty to co-operate with one another,
irrespective of the differences in their political, economic and
social systems, in the various spheres of international relations,
in order to maintain international peace and security and to
promote international economic stability and progress, the
general welfare of nations and international co-operation free
from discrimination based on such differences.”122
Polluter-pays Principle
“National authorities should endeavour to promote the
internalization of environmental costs and the use of economic
instruments, taking into account the approach that the polluter
should, in principle, bear the cost of pollution, with due regard
to the public interest and without distorting international trade
and investment.”123

Principle of Common but differentiated responsibility

In view of the different contributions to global environmental
degradation, States have common but differentiated
responsibilities. Developed countries acknowledge the
responsibility that they bear in the international pursuit to
sustainable development in view of the pressures their
societies place on the global environment and of the
technologies and financial resources they command. (Principle
7, Rio Declaration)

It was formulated in 1972 in the UN Conference on the Human

Environment by 113 states.120

Principle 21 of the Stockholm Declaration

States have, in accordance with the Charter of the United

Nations and the principles of international law, the sovereign
right to exploit their own resources pursuant to their own
environmental policies, and the responsibility to ensure that
activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond
the limits of national jurisdiction.

Precautionary Principle
The point of the precautionary principle is to anticipate and
avoid environmental damage before it occurs. This preventive
measure, which is novel in many ways, would ultimately serve
to lower mitigation costs of resultant environmental damage.121

‘No harm’ principle

Trail Smelter Case (United States v. Canada): “No State has the
right to use or permit the use of its territory in such a manner
as to cause injury by fumes in or to the territory of another or
the properties or persons therein, when the case is of serious

119
Shaw, p. 1006 122 Principle 4 of General Assembly Resolution 2625 (XXV) on
120
Bernas, p. 323
the ‘Principles of International Law Concerning Friendly
121 The Precautionary Principle in the International Arena,
Relations and Cooperation among States’
Mary Stevens, Vol. 2 Issue 2 Spring/ Summer 2002, accessed
123 Principle 16, Rio Declaration
on June 28, 2017, available at
http://digitalcommons.wcl.american.edu/cgi/viewcontent
.cgi?article=1278&context=sdlp

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