POLITICAL LAW REVIEWER
development.
PART 1- CONSTITUTIONAL LAW
I. GENERAL PRINCIPLES
Political Law - Is that branch of public law which deals with
the organization and operation of the governmental organs of
the state and defines the relations of the state with the
inhabitants of its territory. (People v Perfecto)
Constitutional Law – The study of the maintenance of the
proper balance between authority as represented by the
three inherent powers of the state and liberty as guaranteed
by the Bill of Rights. (Cruz, Political Law)
It is that department of the science of law which treats of the
nature of constitutions, their establishment, construction,
and interpretation, and of the validity of legal enactments as
tested by the criterion of conformity to the fundamental law.
(Black’s Law Dictionary)
Constitution – Body of rules and maxims in accordance with
which the powers of sovereignty are habitually exercised.
Constitution of the Republic of the Philippines- It is a written
instrument enacted by the 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 and for the benefit of the body politic.
Classifications of Constitutions
1. Written
2. Unwritten
3. Conventional
4. Cumulative
5. Rigid
6. Flexible
Written Constitution- Is one the provisions of which have
been reduced to writing and embodied in one or more
instruments at a particular time.
Unwritten Constitution- One which has not been reduced to
writing at any specific time but it is the collective product of a
gradual political development, consisting of unwritten usages
and customary rules, judicial decisions, dicta of statesmen,
and legislative enactments of a fundamental character
written but scattered in various records without having any
compact form of writing.
Conventional Constitution- Enacted deliberately and
consciously by a constituent body or ruler at a certain time
and place.
Cumulative Constitution- It is a product of gradual political
Rigid- Is one which can be amended through a formal and
difficult process.
Flexible Constitution- Is one which can be changed by
ordinary legislation.
Qualities of a good written constitution
1. Broad – Its provisions have considered the experiences of
the past, it serves to consider the realities of the
contemporary times, and it looks into the future.
2. Brief- Because it is not intended to go into details of
organization, the details are left to congress which will be in a
better position to find out what specific legislation is needed
from time to time.
3. Definite- Because vagueness may cause incalculable harm,
or it may lead to opposing interpretations which may bring
about chaos and violence, instead of peacr.
3 Essential Parts of a Written Constitution
1. Constitution of Liberty- Contains the fundamental civil and
political rights of the citizens as well as the limitations on the
powers of the government to secure the enjoyment of the
rights of the citizens
2. Constitution of Government- it contains provisions that
enumerate the powers of the government and outline its
organization.
3. Constitution of Sovereignty- It contains the provisions on
how changes in the constitution may be made.
Revision – It is the rewriting or overhauling of the entire
instrument
Amendment- It is a change or alteration for the better, a
change within the lines of the original instrument which will
bring about improvement.
Revision-broadly implies a change that alters a basic principle
in the constitution or where the change alters the substantial
entirety of the constitution as when the change affects the
substantive provisions of the constitution.
-Generally affects several provisions of the constitution.
-Revision through; Vote of ¾ of all members of congress,
constitutional convention.
Amendment -Broadly refers to a change that adds, reduces,
or deletes without altering the basic principle involved.
-Generally affects only the specific provision being amended.
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-Amendment effected through; Vote of ¾ of all members of
congress, constitutional convention, by people’s initative.
2 tests to determine whether the proposed change is a
revision of amendment
1. Quantitative Test- This test asks whether the proposed
change is so extensive in its provisions as to change directly
the substantial entirety of the constitution by the deletion or
alteration of numerous existing provisions. Through this test,
the court examines only the number of provisions affected
and does not consider the degree of the change.
2. Qualitative Test- This test inquires into the qualitative
effects of the proposed change in the constitution. Whether
the change will accomplish such far reaching changes in the
nature of our basic government plan as to amount to a
revision. Qualitatively, the proposed changes alter
substantially the basic plan of the government.
Revision through Constitutional Convention
a. Congress may call a constitutional convention by a vote of
2/3 of all its members
b. Submit to the electorate the question or calling such body
by a majority vote of all its members.
People’s initiative- It is the power of the people to propose
amendments to the constitution, or to propose or enact
legislations through an election called for the purpose. Does
not extend to revisions.
Log-rolling- There is log-rolling when the initiative petition
incorporates a correlated subject matter in the same petition.
The effect of this is to nullify the entire proposition and not
only the correlated subject matter. The same puts the people
in a dilemma since they can answer only either yes or no to
the entire proportion, forcing them to sign a petition that
effectively contains two proportions, one of which they may
find acceptable.
Elements of a valid petition for people’s initiative to amend
the constitution (Lambino v Comelec)
1. Written petition
2. The petition must have 12% of the total number of
registered voters as signatories
3. Of the 12% total registered voters, at least every legislative
district must be represented by 3% of the registered voters
therein.
4. The draft of the proposed amendment must be embodied
in the petition.
3 Systems of Initiatives
1. Initiative on the constitution- Refers to a petition
proposing amendments to the constitution.
2. Initiative on statutes- One referring to enact a national
legislation.
3. Initiative on local legislation- Refers to a petition
proposing to enact a regional, provincial, city, municipal or
barangay law, resolution, or ordinance.
Contents of the petition on initiative
1. Contents or texts of the proposed law sought to be
enacted, approved, or rejected, amended, or replaced.
2. The proposition
3. The reason or reasons thereof.
4. That it is not one of the exceptions provided therein.
5. Signatures of the petitioners or registered voters.
6. An abstract or summary proposition not more than 100
words which shall be legibly written or printed at the top of
every page of the petition.
When should the amendment to or revision of the
constitution be submitted to the people in a plebiscite?
1. Not earlier than 60 day nor later than 90 days after the
approval of such amendment or revision.
2. Any amendment to the constitution undertaken by virtue
of the people’s right on initiative shall be submitted also
within the same period after the ertification by the comelec
of the sufficiency of the petition.
Power to amend or revise- Is not included in the general
grant of legislative powers to congress. It is part of the
inherent powers of the people as repository of sovereignty in
a republican state.
Javellana v Executive Secretary- The procedural
requirements for amendment or revision of the constitution
are not complied with, and yet, it is considered validly
ratified.
Social Contract Doctrine- The meaning of a constitution is as
a law for rulers and people, equally in war and in peace, and
covers with the shield of its protection all classes of men at all
times, and under all circumstances. (Marcos v Manglapus)
Constitution v Statute
Constitution
1. The most general rules for its operation
2. States general principles.
3. Legislation direct from the people.
4. Governs the future
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5. Can only be abrogated, repealed, or modified by the power
which created it, namely, the people.
Statute
1. Secondary, being a command of the sovereign having
reference to the exigencies of time and place resulting from
the ordinary working of a machine.
2. Provides the details of which it treats.
3. Legislation from the people’s representatives subject to the
limitations prescribed by the superior authority.
4. Intended merely to meet existing conditions.
5. May be repealed or changed by the legislature.
Kinds of Construction of a Constitution
1. Executive Construction- Construction and interpretation of
laws or statutes by the various executive heads of the various
departments of the government.
2. Contemporaneous Construction by executive officers-
Construction placed by executive officers on a statute, whose
duty is to enforce said statute.
3. Prospective Construction- Is a rule that all statutes are to
be construed as having only prospective operation unless the
purpose and intention of the legislature to give them
retrospective effect is expressly declared or is necessarily
implied from the language used.
Purpose of the constitution- To prescribe the permanent
framework of a system of government, to assign to the
different departments their respective powers and duties,
and establish certain fixed principles on which the
government is founded.
State- A community of persons, more or less numerous,
permanently occupying a fixed territory, possessing an
organized government, independent of external control, to
which a great body of inhabitants render habitual obedience.
Nation- A political group having a government and people
distinct from all others, organized for the purpose of
procuring mutual safety and advantage.
State vs Nation- A state is a legal or political concept, while
nation is a racial or ethnical concept, mearly akin to people. A
single state may embrace several different nations or
peoples. A single nation may sometimes be divided politically
as to constitute several states.
Government vs State- The state is an ideal person, intangible,
indivisible, and immutable. The government is an agent and
within the sphere of the agency, a perfect representative, but
outside of that it is lawless usurpation. The term government
is narrower than the term state. It refers to the person or
group of persons in whose hands the organization of the state
places for the time being the function of political control. The
word is sometimes used to indicate the king and composition
of the controlling group. The ordinary citizens of a community
are part of the state, but are not part of the government.
Elements of a State
1. People
2. Territory
3. Government
4. Sovereignty
People- Refers to the entire body of those citizens of a state
or nation who are invested with political power for political
purposes.
No specific number is required, nor there is a legal
requirement as to the number of people who should occupy a
state before one could be considered a state. However, they
must be numerous enough to be self-sufficient and to defend
themselves and small enough to be easily administered.
Territory- Is a fixed area or surface of the earth where the
inhabitants of a state live and where they maintain a
government of their own. A territory has three components,
namely:
Terrestrial domain- Area of the land which the state occupies
Fluvial or maritime domain-External and internal waters
Aerial domain- The air space above the land and the waters
For the sake of practicality, a territory must neither be too big
as to be difficult to administer and defend nor too small as to
be unable to provide for the needs of the population.
Government- That institution or aggregate of institutions 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.
Sovereignty- It is the supreme power in a state by which that
state is governed, or the supreme, the absolute,
uncontrollable power by which any state is governed.
Right to internal self-determination- They freely determine
their political rights and freely pursue their economic, social,
and cultural development. This means that the pursuit of the
people of its political, economic, social, and cultural
development should be within the framework of an existing
state.
Right to external self-determination- The establishment of a
sovereign and independent state, the free association or
integration with an independent state or the emergence into
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any other political status freely determined by the people,
arises in only the most extreme cases and even then, under
carefully defined circumstances, such as when a people is
under colonial rule, and being such, it is subject to foreign
domination or exploitation, and hindered to engage in a
meaningful exercise of its right to internal self-organization.
De Jure government- Is an organized government of a state
which has the general support of its people.
De facto government- Is characterized by the fact that it is
not founded upon the existing constitutional law of the state.
Kinds of de facto government
1. That government which gets possession and control of, or
usurps, by force or by the voice of the majority, the rightful
legal government and maintains itself against the will of the
latter.
2. That which is established and maintained by military forces
who invade and occupy a territory of the enemy in the course
of war, and which is denominated as a government of
paramount force.
3. That established as an independent government by the
inhabitants of a country who rise in insurrection against the
parent state.
De facto government of paramount force
1. Its existence is maintained by active military power within
the territories, and against the rightful authority of an
established and lawful government.
2. That while it exists it must necessarily be obeyed in civil
matters by private citizens who, by acts of obedience
rendered in submission to such force, do not become
responsible as wrongdoers, for those acts, though not
warranted by the laws of the rightful government.
Government under Corazon Aquino
1. Revolutionary government- people power
2. De facto government- because there was no constitutional
basis for its creation, the same not being sanctioned either
under the 1035 or 1973 constitution.
3. acquired a de jure status when it obtained the continuous
public acceptance and support of the people and the
recognition of practically all foreign governments.
Characteristics of a Presidential form of government
1. Recognizes the principle of separation of powers, checks,
and balances and the blending of powers.
2. The completeness of their separation and their mutual
independence does not, however, extend to the point that
those in authority in one department can ignore and treat the
acts of those in authority in the other, done pursuant to the
authority vested in them, as nugatory and not binding in
every other department.
3. Blending of powers- Is actually a sharing of powers of the
different departments of government whereby one
department helps and coordinated with the other in the
exercise of a particular power, function, or responsibility. It is
in this process of sharing and collaborating with each other
that one department not only helps but also checks the other
if for any valid reason it is deemed necessary for the public
good.
Philippine Government/ Government of the republic of the
Philippines- Include municipal governments, chartered cities,
and other government controlled corporations or agencies.
Functions of Government
1. Constituent functions- Those which constitute the very
bond of society, and are, therefore, compulsory and not
optional such as:
a. The keeping of order and providing for the protection of
persons and property from violence and robbery
b. The fixing of the legal relations between man and wife and
between parents and children
c. The regulation of the holding, transmission, and
interchange of property, and the determination of its
liabilities for debt or for action.
d. The determination of contract rights between individuals
e. The definition and punishment of crimes
f. The administration of justice in civil cases
g. The administration of political duties, privileges and
relations of citizens
2. Ministrant Functions-Those undertaken only by way of
advancing the general interests of society, and are, therefore
optional such as
a. Public works
b. Public education
c. Public Charity
d. Health and safety regulations
e. Regulation of trade and industry
Doctrine of Parens Patriae- It is a doctrine which refers to the
inherent power or authority of the state to provide
protection of the person non sui juris. Under this doctrine,
the state has the sovereign power of guardianship over
persons under disability.
4 Kinds of Sovereignty
1. Legal Sovereignty- Sovereignty as the supreme law-making
power. The legal sovereign is that determinate authority
which is able to express in legal form the highest commands
of the state, that power which can override the prescriptions
of the divine law, the principles of morality, the mandates of
public opinion.
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2. Political Sovereignty- That power behind the legal
sovereign which is legally unknown, unorganized and
incapable of expressing the will of the state in the form of
legal command, yet without power to whose mandates the
legal sovereign will in practice bow and whose will must
ultimately prevail in the state. In a narrower sense, the
electorate constitute the political sovereign, and in a broader
sense, the whole mass of population.
3. Internal Sovereignty- Implies the power of the state to
make and alter its system of government, and to regulate its
private affairs, as well as the rights and relations of its
citizens, without any dictation, interference, or control on the
part of any person or body or state outside the particular
political community.
4. External Sovereignty- That the state spoken of is not
subject to the control, dictation, or government of any power.
It necessarily implies the right and power to receive
recognition as an independent power from other powers, and
to make treaties with them on equal terms, make war or
peace with them, send diplomatic agents to them, acquire
territory by conquest or occupation, and otherwise to
manifest its freedom and autonomy.
Essential characteristics of sovereignty
1. Permanence- The sovereignty of the state continues
without interruption so long as the state itself exists. It does
not cease with the death or temporary dispossession of a
particular bearer or the reorganization of the state, but shifts
immediately to a new bearer, as the center of gravity shifts
from one part of a body to another when it undergoes
external change.
2. Exclusivity- It is the quality by virtue of which there can be
but one supreme power in the state, legally entitled to the
obedience of the inhabitants. To hold otherwise would be to
deny the principle of unity of state and to admit the
possibility of an imperium in imperio.
3. Comprehensiveness- It is the universality of sovereignty
within the territorial limits of the state, that is sovereign
power extends over all persons, association and things within
such territorial limits except those over which the state has
voluntarily consented to waive the exercise of its jurisdiction.
4. Inalienability- It is an attribute of the state by virtue of
which it cedes away any of its essential elements without self
destruction.
5. Imprescriptibility- It is the principle exclusively of private
law which can never run against the rights of the people and
could in no case be invoked in support of an argument that
the people had lost their sovereignty through the operation
of such principle.
6. Unity- It is the principle that sovereignty cannot be divided
without producing several wills, which is inconsistent with the
notion of sovereignty
Effects on political and municipal laws and judicial decisions
in case of invasion of a superior military force
1. Political laws- cease to have effect except insofar as they
are continued by the express consent of the new sovereign
2. Municipal laws- Those which are not in conflict with the
laws of the new sovereign may continue in force with the
express consent of the new sovereign.
3. Judicial decisions- Are valid during the occupation and
even beyond except those of a political complexion which are
automatically annulled as soon as the legitimate authority is
restored.
Effect of belligerent occupation- There is no change in
sovereignty. Political laws, except the law on treason are
suspended, municipal laws remain in force, unless repealed
by the belligerent occupant. At the end of the belligerent
occupation, when the occupant is ousted from the territory,
the political laws which had been suspended during the
occupation shall automatically become effective again, under
the doctrine of jus postliminium.
Dominium- refers to the capacity to own or acquire property,
including lands held by the state in its proprietary capacity
Imperium- Is the authority possessed by the state embraced
in the concept of sovereignty.
Power and Jurisdiction of the State
1. Territorial power and jurisdiction- The state has power
and jurisdiction over persons and things within its territory.
Those who are exempt from this power and jurisdiction are
the following:
a. Foreign states, heads of state, diplomatic representatives,
and consuls to a certain power
b. Foreign state property, including embassies, consulates,
and public vessels engaged in non-commercial activities.
c. Acts of state
d. Foreign merchant vessels exercising the right of innocent
passage or involuntary entry such as arrival under stress.
e. Foreign armies passing through or stationed in its territory
with its permission.
f. Such other persons or property, including organizations like
the United nations, over which it may, by agreement, waive
jurisdiction.
2. Personal Jurisdiction- The state has power of jurisdiction
over its nationals, which may be exercised by the state eben if
the individual is outside its territory.
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3. Extraterritorial Jurisdiction- The state has power and
jurisdiction beyond or outside its territory
a. When it asserts personal jurisdiction over its nationals
abroad or the exercise of the rights to punish certain offenses
committed outside its territory against is national interests
even if the offenders are non-resident aliens.
b. When the local state waives its jurisdiction over persons
and things within its territory, such as when a foreign army
stationed therein remains under the jurisdiction of the
sending state.
c. When it establishes a colonial protectorate or a
condominium or administers a trust territory or occupies
enemy territory in the course of war.
d. When it enjoys easements or servitudes
e. When it exercises jurisdiction over its vessels in the high
seas or over pirates while doing a hot pursuit operation.
f. When it exercises limited jurisdiction over the contiguous
zone and the patrimonial sea to prevent infringement of its
customs, fiscal, immigration, or sanitary regulations.
g. When it exercises the principle of extraterritoriality.
(Immunities of a head of state in a foreign country)
WHO v Aquino- It is a recognized principle of international
law and under our system of separation of powers that
diplomatic immunity is essentially a political question and
courts should refuse to look beyond a determination by the
executive branch of the government and where the plea of
diplomatic immunity is recognized and affirmed by the
executive branch of the government. It is the duty of the
court to accept the claim of the immunity upon appropriate
suggestion by the principal law officer of the government, the
solicitor general or other officer acting in his direction.
Legal v Political Sovereignty
Legal sovereignty means the supreme authority to enact laws
to issue final commands.
Political sovereignty means the sovereignty of the electorate,
or in its general sense, the sovereignty of the whole body
politic. The legislature represents the legal sovereign, the
electorate or the whole people, the political sovereign.
These distinctions, it must be borne in mind, do not imply the
recognition of dual sovereignty, for sovereignty is not
divisible; rather they are manifestations of one and the same
sovereignty.
Sovereignty v Independence
Sovereignty is the supreme power of the state by which the
state is governed. It has two aspects; Internal and external
sovereignty. In its internal aspect, sovereignty is the power
inherent in the people or vested in its ruler by the
constitution to govern the state. Sovereignty does not, in any
degree, depend upon its recognition by other states. In its
external aspect, sovereignty consists in the independence of
one political society in respect to other political societies. The
external sovereignty of any state requires the recognition by
other states in order to render it perfect and complete. This
external manifestation is what is called independence.
Titular sovereignty vs Actual sovereignty- Is sovereignty
fictitiously vested in a ruler who personifies the power and
majesty of the state and in whose government is conducted,
but the real sovereignty is vested in other hands.
Doctrine of Jus Postlimini- When a territory which has been
occupied by the enemy comes again into the power of the
state during the progress of a war through conquest or
otherwise, the legal state of things existing prior to the
hostile occupation is re-established.
Fundamental and Inherent Powers of the state
1. Police power
2. Power of eminent domain
3. Power of taxation
Police Power
It is the sovereign power to promote and protect the general
welfare. It is the most pervasive and the least limitable of the
3 powers of the state.
The most essential, consistent and illimitable which enables
the state to prohibit all hurtful things to the comfort, safety,
and welfare of society.
Also referred to as the “Law of overwhelming necessity”
It is the power of the state to enact such laws or regulations
in relation to persons and property as may promote public
health, public morals, public safety, and the general welfare
and convenience of the people.
Power of Eminent Domain
Eminent domain is the right of the state to acquire private
property for public use upon payment of just compensation.
This right can also be exercised by those whom the said
power has been lawfully delegated.
Eminent domain is also defined as the right of the sovereign
power to appropriate not only the public but also the private
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property of all citizens within the territorial sovereignty, to
public purpose.
The power of eminent domain is inseparable in sovereignty,
being essential to the existence of the state and inherent in
government even in its most primitive forms. No laws
therefore are necessary to confer this right upon sovereignty
or quasi-sovereign power.
Power of Taxation
It is the inherent power of the state to raise revenues to
defray the expenses of the government or for any public
purpose.
The power to tax may include the power to destroy if it is
used validly as an implement of the police power in
discouraging and ultimately prohibiting in effect certain
things or enterprise inimical to the public welfare.
Similarities of the three inherent powers of the state
1. They are the three methods by which the state interfere
with private rights.
2. They are inherent in the state and they may be exercised
by the state without the need of express constitutional grant.
3. They are not only necessary but also indispensable and
indestructible as the state itself.
4. They presuppose equivalent compensation.
5. They are exercised primarily by the legislature.
Distinctions
1. Nature of compensation
Police power-intangible altruistic feeling that he has
contributed to the general welfare.
Eminent domain and taxation- The compensation is more
concrete
Eminent domain- Full and just compensation of the property
taken.
Taxation- Corresponding protection and public improvements
for the taxes paid.
2. Nature of property
Police power- Involves destruction and confiscation of
property which are noxious.
Eminent domain and taxation- Property is taken for public use
3. How power is exercised
Police power and taxation- they are inherently exercisable
only by the government.
Eminent domain- it may be exercised by private entities upon
valid delegation.
4. What is regulated
Police power- liberty and property
Eminent domain and taxation- private rights only.
II. 1987 CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES
Preamble- It is the formal expression of the ideals and
sentiment of the Filipino people, and of the purpose and
objectives of the government established under the
constitution. It serves two important ends:
1. It indicates the source from which the constitution comes,
namely in the case of the Philippine Constitution- The
sovereign Filipino people.
2. It sets forth the ends that the constitution and the
government established by it are intended to build a just and
humane society and establish a government that shall
embody our ideals and aspirations, promote common good,
conserve and develop our patrimony, and secure to ourselves
and our posterity the blessings of independence and
democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, and do ordain and
promulgate this constitution.
-It is not part of the constitution, but possesses significance. It
is to a Constitution what the enacting clause is to a statute.
Strictly speaking, it may not justify the exercise of
governmental power, or may not be relied upon for a claim of
an individual right, but serves an important purpose.
-It is merely an aid in ascertaining the meaning of ambiguous
provisions in the body of the constitution.
ARTICLE I- National Territory
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 submarine areas. The waters
around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
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4 points of reference to determine the Philippine territory
1. The Treaty of Paris Dec 10, 1898
2. Treaty of Washington November 7,1900
3. Treaty between Great Britain and Unites States January 2,
1930
4. Al other territories over which the present Government of
the Philippine Islands exercises jurisdiction
All other territories belonging to the Philippines by Historic
or legal title includes:
1. Any territory which presently belongs or might belong to
the Philippines in the future through any of the
internationally accepted mode of acquiring territory
2. Those territories which under the 1973 Constitution belong
to the Philippines by historic right or legal title
Sabah- Is part of the Philippines because sovereignty rights
over Sabah were officially transferred to the government of
the Philippines by the Sultanate of Sulu on Sept 12, 1962
during the term of Pres. Diosdado Macapagal. For this reason,
Sabah has not been excluded at all from the scope of our
national territory under the 1987 Constitution.
Constitution= Municipal law- Its effectivity and enforcement
is therefore limited only to its territorial jurisdiction as
determined by the sovereignty upon which the authority to
write and approve a constitution is based.
Archipelagic Doctrine
Under this doctrine, the Philippine Archipelago is considered
as one integrated unit instead of being divided into more
than 7,000 islands. This assertion, together with the
application of the “Straight base line method”, is what is
referred to as the Archipelagic Doctrine.
By using this method, the outermost points of our
archipelago are connected with straight baselines and all
waters inside the baselines are considered as internal waters.
Internal Waters under the Archipelagic Doctrine- the large
bodies of water connecting the islands of the archipelago
such as the Mindanao Sea, the Sulu Sea and the Sibuyan Sea,
are considered by the Philippines as part of its internal
waters, just like the rivers and lakes found within the islands
themselves.
Concept of association- Under this concept, two states of
unequal power voluntarily establish durable links. One state,
called as associate, delegates certain responsibilities to the
other, while another state, called as the principal, maintains
its international status as state.
Our present constitution does not recognize this concept
which implies powers that go beyond anything ever granted
by the constitution to any local or regional government, and
which also implies the recognition of the associated entity as
a state.
In international practice, the associated state arrangement
has usually been used as a transitional device of former
colonies on their way to full independence.
Territorial sea or maritime belt- That portion of sea adjacent
to the coast of a state which is under its jurisdictional belt.
Breadth or width of the territorial sea- 12 nautical miles from
the low water mark, or in the case of archipelagic states, from
the baselines.
Internal waters- Are waters on landmark side of the baselines
from which the breadth of the territorial sea is calculated.
a. Rivers
b. Bays and gulfs
c. Straits
d. Canals
Archipelagic waters- The waters around, between and
connecting the islands of the archipelago, regardless of their
breadth and dimensions from part of the internal waters of
the Philippines.
High seas or Open seas- They are part of the sea which is not
included in the territorial sea or in the internal waters of any
state.
Territorium Nullius- Means territory of no one, a territory
which is the land of no state.
Right of Innocent passage
1. A ship or ship of other states enjoy the right of innocent
passage through the territorial sea.
2. Foreign vessels have no right of innocent passage through
the internal waters.
The Freedom of the Seas- it means no part of the sea as such
can be subjected to the sovereignty of any state. It cannot
therefore be incorporated into the territory of any state
through occupation.
They are open and available to the use of all states for a
variety of purposes. Only peaceful purposes.
Freedom of navigation- It refers to the right to sail ships on
the high seas, subject only to international law and the laws
of the flag state.
Contiguous Zone- It is the zone extending up to 12 nautical
miles from the territorial sea. Although it is not technically a
part of the territory of the state, the coastal state may
exercise limited jurisdiction over the contiguous zone as a
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preventive measure to insure that customs laws immigration
and sanitary laws are properly and effectively enforced.
Exclusive Economic Zone- It is the zone which extends up to
200 miles from the low water mark or the baselines as the
case may be.
Rights of the Coastal state over the exclusive Economic Zone
1. Right of innocent passage
2. Sovereign rights over economic resources of the sea,
seabed, subsoil.
3. Other states shall have freedom of navigation and over
flight to lay submarine cables and proper lines and other
lawful uses.
Scarborough Shoal- Part of Phil EEZ.
Continental Shelf- It is the sea bed and subsoil of the
submarine areas that extend beyond its territorial sea
throughout the natural prolongation of its land territory to
the outer edge of the continental margin, or to a distance of
200 miles from the baselines from which the territorial sea is
measured where the outer edge of the continental margin
does not extend up to that distance.
The coastal state enjoys the right of exploitation of oil
deposits and other resources in the continental shelf.
Archipelago- The Philippines is one integrated unit, instead of
being fragmented into more than 7,200 islands. Hence, the
waters around, between and connecting the island
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
ARTCLE II Declaration of State Principles and State Policies
Section 1: The Philippines is a democratic and republican
state. Sovereignty resides in the people and all government
authority emanates from them.
Republican Government- Is a government which is run by the
people through their chosen representatives who in turn, are
accountable to the sovereign will of the people. They derive
their mandate from the people who elect them for a period
or a term that is fixed by law. They cannot, strictly speaking,
go against the specific authority and sovereign will of the
people for they are precisely the source of all government
authority and are merely the trustees who are expected to
act for and in their behalf and for their benefit. The basis for
this is emphatically declared in Secs 1 and 4 Art II, Art XI of
the constitution.
Characteristics of a republican government
1. The people choose their representatives and public officials
for a period fixed by law.
2. Said public officials are entrusted with the duty to serve
the people who choose them.
3. The purpose of a republican government is to promote the
common welfare of the people according to the will of the
people.
4. This will is determined by the rule of the majority
5. Under a republican system, no person is above the law,
which means that it applies to everyone regardless of status
in his life, creed, political and religious persuasion and color
of his skin. This affirms the principle that our government is a
government of laws and not of men.
6. The principle of separation of powers and the system of
checks and balances is observed.
7. The legislature cannot pass irrepealable laws.
Separation of Powers- It operates to maintain the legislative
powers to the legislative department, executive powers to
the executive department, and those which are judicial in
character to the judiciary.
Through this allocation of powers, the person entrusted with
power in any of the departments of the government shall not
be permitted to encroach upon the power confided to the
others, but that each, by the law of its creation, be limited to
the exercise of the powers appropriate to its own department
and to no other. There must be independence and equality of
the several departments.
The completeness of their separation and their mutual
independence, does not, however, extend to the point that
those in authority in one department can ignore and treat the
acts of those in authority in the other, done pursuant to the
authority vested in them, as nugatory and not binding in
every other department.
The basis of the separation of powers is the democratic and
republican system of government.
Principles related to the doctrine of separation of powers
1. The principle of checks and balances
2. The principle of blending of powers
Principle of Checks and Balances- One department is given
certain powers by which it may definitely restrain the others
from exceeding constitutional authority. It may object ore
resist any encroachment upon its authority, or it may
question, if necessary, any act or acts which unlawfully
interfere with its sphere of jurisdiction and authority.
Blending of Powers- In actual practice, blending of powers is
actually sharing of powers of the different departments of
government whereby one department helps and coordinates
with the other in the exercise of a particular power, function,
or responsibility.
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It is in the process of sharing and collaborating with each
other that one department not only helps but also checks the
other if for any valid reason it is deemed necessary for the
public good.
Political Question- It is a question of policy. It refers to those
questions which under the constitution, are to be decided by
the people in their sovereign authority, or in regard to which
full discretionary authority has been delegated to the
legislative or executive branch of the government (Tanada v
Cuenco) Political questions are neatly associated with the
wisdom , not the legality of a particular measure. i.e, policy
issues
Justiciable Question- Where the vortex of controversy refers
to the legality or validity of the contested act , the matter is
justiciable and not political.
Principle of Non-delegation of power- The legislative must
not nor can transfer the power of making laws to anybody
else or place it anywhere except where the people have.
The delegate to whom a power is delegated has been chosen
precisely because trust is reposed on him and if he delegates
further to another the power delegated to him, that third
person does not have the trust originally given to him.
General Rule: Legislative powers may not be delegated.
Exceptions:
1. When authorized by the constitution- Congress may grant
emergency powers and tariff powers to the president.
2. Legislative powers may be delegated to local governments-
Police power, eminent domain.
3. Legislative powers may be delegated to the people at
large- referendum and plebiscite
4. Delegation to administrative bodies.
Referendum - A method of submitting an important
legislative measure to a direct vote of the whole people.
Plebiscite- A devise to obtain a direct popular vote on a
matter of political importance.
Tests of valid delegation of power
1. Whether or not the power in question, regardless of its
nature, is granted by the constitution to the department
which seeks to exercise such power. If it is granted by the
constitution, the exercise of the power is sustained.
2. If the power sought to be exercised is not expressly
conferred by the constitution, can the power sought to be
exercised be reasonably inferred from, or is it necessary to
the proper exercise of the express power granted to the
department seeking to exercise said power?
If it is, the exercise of said power may be justified under the
doctrine of implication which means that even in the absence
of an express conferment, the exercise of a given power may
be justified or reasonably inferred from the express power
already granted, or that it may be necessary to the proper
exercise of the express power granted to the department
seeking to exercise said power.
3. If the power is not granted by the constitution, either
expressly or impliedly, can its exercise be justified as inherent
or incidental? If they are, the exercise of said power may be
sustained.
4. Assuming that the power of the act sought to be
performed is expressly or impliedly granted by the
constitution, or that it is justified as inherent, the fourth test
is Whether or not the act or power in question has been
performed in accordance with the rules laid down by the
constitution.
Rule of the majority- Is the will of the greater number of
people, whether referring to the citizens of the Philippines
who choose their representatives, or to a number of people
in a community or organization, who choose their officers.
Majority interpretations
1. Proclamation or martial law or suspension of the privilege
of habeas corpus- Majority vote of all members of each house
2. Quorum of each house- Majority vote of all members of
each house
3. Suspension or expulsion of a member- 2/3 vote of all
members of each house
4. Constitutionality of a treaty, international or executive
agreement- Majority does not refer to the majority vote of
the justices of the Supreme Court composed of 15 members,
but possibly only to 5 out of 8 members or 3 out of 5
members thereof, who actually took part in the deliberations
on the issues in the case and who voted thereon, the said
number being the majority of 8 or majority of 5 members
who actually took part in the deliberations of the case and
who voted thereon.
5. A Majority of one-A dissenting vote of one Sandiganbayan
Justice will prevent a decision of the two other members of
the division as a unanimous vote is required in such decision.
In that sense, the lone dissenting vote is considered as a
majority of one.
Constitutional authoritarianism- President Marcos assumed
extraordinary powers including legislative, judicial, and even
constituent powers.
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Section 2: Renunciation of war as an instrument of national
policy.
SECTION 2. The Philippines renounces war as an instrument
of national policy, adopts the generally accepted principles
of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
Principles in section 2
1. The Philippines renounces war as an instrument of national
policy
2. The Philippines adopts the generally accepted principles of
international law as part of the law of the land.
3. The Philippines adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
Defensive war-permitted
Aggressive war- is what we renounce.
Section 3: Principle of Civilian Authority
SECTION 3. Civilian authority is, at all times, supreme over
the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure
the sovereignty of the State and the integrity of the national
territory.
2 principles in section 3
1. The principle of civilian supremacy- This doctrine teaches
the supremacy of the sovereign Filipino people in line with
the principle that “Sovereignty resides in the people and all
government authority emanates from them” and this
supremacy is at “all time supreme over the military”.
2. The principle that the Armed Forces of the Philippines is
the protector of the people and state- The Armed Forces of
the Philippines “Is the protector of the people and the state”.
This means that if the president or high government officials
of the land, happens to be the ones who are committing
abuses while in the performance of their duties, the AFP is
obliged, under sec 3, to protect the people of the state,
against their abuses. In other words, the interest of the
people is more supreme than the interest of said officials.
This duty is specifically addressed to the AFP. The duty under
Section 4 refers to the prime duty of the government to serve
and protect the people.
Section 4: The prime duty of the government is to serve and
protect the people.
SECTION 4. The prime duty of the Government is to serve
and protect the people. The Government may call upon the
people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law,
to render personal military or civil service.
The government complies with this duty by:
1. The government may call upon the people to defend the
state.
2. The government may require all citizens, under conditions
provided by law to render personal military or civil service.
3. The government may use the AFP to repel any threat to its
security.
The government can require compulsory military service for
the following reasons:
1. What justifies compulsory military service is the defense of
the state, whether actual or whether in preparation to make
it more effective in case of need.
2. The duty of the government to defend the state cannot be
performed except through the army. To leave the
organization of an army to the will of the citizens would be to
make this duty of the government excusable should there be
no sufficient men who volunteer for enlistment.
3. The right of the government to require military service is a
consequence of its duty to defend the state and to protect
life, liberty, and property of the citizens. Without violating the
constitution, a person may be compelled by force, if need be
against his will, against his pecuniary interests, and even
against his religious or political convictions to take his place in
the ranks of the army of his country and risk the chance of
being shot down in its defense.
US v Olson- There is no right of property to an office or an
employment. Compulsory military service is not considered a
deprivation of property without the due process of law.
The service must be PERSONAL- A person cannot hire the
services of another to take his place in the defense of the
state.
Section 5: The promotion of general welfare and
maintenance of peace and order.
SECTION 5. The maintenance of peace and order, the
protection of life, liberty, and property, and the promotion
of the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.
The following are essential for the enjoyment by all the
people of the blessings of democracy:
1. Maintenance of peace and order
2. Protection of life, liberty, and property
3. Promotion of the general welfare
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Section 6: Separation of Church and State
SECTION 6. The separation of Church and State shall be
inviolable.
Separation contemplated is: To delineate the boundaries
between the two institutions thereby avoiding as much as
possible, any encroachment by one against the other. Each is
independent within the sphere of their respective missions
and prerogatives, but still governed, both in theory and actual
practice, by the principle of cooperation to attain the
common good.
Imbong v Ochoa- The principle of separation of church and
state is based on mutual respect. Generally, the state cannot
meddle in the internal affairs of the church, much less
question its faith and dogmas or dictate upon it. It cannot
favor one religion and discriminate against another. On the
other hand, the church cannot impose its beliefs and
convictions on the state and the rest of the citizenry. It
cannot demand that the nation follow its beliefs, even if it
sincerely believes that they are not good for the country.
Consistent with the principle that not any one religion should
be preferred over another, the constitution in the above cited
provision utilizes the term “church” in its generic sense,
which refers to a temple, a mosque, iglesia, or any other
house of god which metaphorically symbolizes a religious
organization. Thus the “Church” means the religious
congregations collectively.
Section 7: Independent foreign policy
SECTION 7. The State shall pursue an independent foreign
policy. In its relations with other states the paramount
consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-
determination.
Section 8: Policy of freedom from nuclear weapons
SECTION 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
Paramount considerations of secs 7 and 8:
1. National sovereignty
2. Territorial Integrity
3. National interest
4. Right to self-determination
Section 9: Promotion of a just and dynamic social order
SECTION 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
Section 10: Social Justice
SECTION 10. The State shall promote social justice in all
phases of national development.
Social Justice- It is neither communism not anarchy, but the
humanization of laws and the equalization of social and
economic forces of the state so that justice in its rational and
objectively secular conception may at least be approximated.
(Calalang v Williams)
Social justice is not equality but protection. It is
compassionate justice or an implementation of the policy
that those who have less in life should have more in law.
Expanded meaning of social justice under the 1987
Constitution- Includes all phases of national development,
instead of being merely limited to the removal of socio-
economic inequities. It contemplates equitable diffusion not
only of wealth but also of political power.
Ways social justice be promoted:
1. The congress shall give highest priority to the enactment if
measures that protect and enhance the right of all the people
to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequalities by equitably
diffusing wealth and political power for the common good.
2. The state shall regulate the acquisition, ownership, use,
and disposition of property and its increments.
3. The promotion of social justice shall include the
commitment to create economic opportunities based on
freedom of initiative and self-reliance.
Section 11: Full respect for human rights and dignity of
every person.
SECTION 11. The State values the dignity of every human
person and guarantees full respect for human rights.
Section 12: Sanctity of family life
SECTION 12. The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from
conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and
the development of moral character shall receive the
support of the Government.
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3 Responsibilities of the state in connection with the
constitutional guarantee recognizing the sanctity of family
life:
1. It shall protect and strengthen the family as a basic
autonomous social institution.
2. It shall equally protect the life of the mother and the life of
the unborn from conception.
3. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development
of moral character shall receive the aid and support of the
government.
Intention of the framers in protecting the life of the unborn
from conception- To make sure there would be no pro-
abortion laws ever passed by congress or nay pro-abortion
decision passed by the Supreme Court.
Constitutional right to life components:
1. SECTION 15. The State shall protect and promote the right
to health of the people and instill health consciousness
among them.
2. SECTION 11. The State values the dignity of every human
person and guarantees full respect for human rights.
3. SECTION 12. The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life
of the mother and the life of the unborn from conception.
The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development
of moral character shall receive the support of the
Government.
4. SECTION 13. The State recognizes the vital role of the youth
in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
5. SECTION 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and independence
of the nation and free the people from poverty through
policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved
quality of life for all.
-Self executing provisions.
Section 13: Vital role of the youth in nation building
SECTION 13. The State recognizes the vital role of the youth
in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well-being.
It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.
The state shall protect and promote their physical, moral,
spiritual, intellectual and social well-being because
recognition alone without that protection is just a lip service.
Section 14: role of women in nation-building
SECTION 14. The State recognizes the role of women in
nation-building, and shall ensure the fundamental equality
before the law of women and men.
Provisions of the constitution that protect women
1. SECTION 12. The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life
of the mother and the life of the unborn from conception.
The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development
of moral character shall receive the support of the
Government.
2. SECTION 14. The State recognizes the role of women in
nation-building, and shall ensure the fundamental equality
before the law of women and men.
3. Art XIII SECTION 14. The State shall protect working women
by providing safe and healthful working conditions, taking
into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable
them to realize their full potential in the service of the nation.
Section 15: Promotion of right to health of people
SECTION 15. The State shall protect and promote the right to
health of the people and instill health consciousness among
them.
Section 16: Protection of the right to a balanced and
healthful ecology
SECTION 16. The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature.
Writ of kalikasan- self-executory section 16
Section 17: Priority to education, science, and technology,
arts, culture, sports
SECTION 17. The State shall give priority to education,
science and technology, arts, culture, and sports to foster
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patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.
Section 18: Labor as a primary social economic force
SECTION 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
Section 19: Self-reliance and independent national economy
SECTION 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
Section 20: Encouragement of private enterprise and
incentives to needed investments
SECTION 20. The State recognizes the indispensable role of
the private sector, encourages private enterprise, and
provides incentives to needed investments.
Section 21: Comprehensive rural development and agrarian
reform
SECTION 21. The State shall promote comprehensive rural
development and agrarian reform.
Association of small landowners v Sec of agrarian reform- RA
6657 is constitutional. The taking contemplated is not a mere
limitation of the use of the land. What is required is the
surrender of the land and the physical possession of the land
in excess of the retention limit and all the beneficial rights
accruing to the owner in favor of the farmer beneficiary.
This is within the power of the state to take and regulate
private property for which payment of just compensation is
provided.
Revolutionary kind of expropriation.
Luz farms v Sec of agrarian reform- Declared unconstitutional
sections 3 b, 10, 11 of said law- Lands devoted to raising
livestock, poultry, and swine not within the coverage of
agrarian reform.
Section 22: Rights of indigenous cultural communities
SECTION 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of
national unity and development.
Ancestral Lands- The ancestral land of each indigenous
cultural community shall include, but not limited to, lands in
the actual, continuous, and open possession, and occupation
of the community and its members. Provided, that the
Torrens System shall be respected.
Constitutional provisions that protect indigenous cultural
communities
1. Art II, SECTION 5. The maintenance of peace and order, the
protection of life, liberty, and property, and the promotion of
the general welfare are essential for the enjoyment by all the
people of the blessings of democracy.
2. Art XII, SECTION 5. The State, subject to the provisions of
this Constitution and national development policies and
programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their
economic, social, and cultural well-being.
3. Art XIII, SECTION 5. The State shall recognize the right of
farmers, farmworkers, and landowners, as well as
cooperatives, and other independent farmers’ organizations
to participate in the planning, organization, and management
of the program, and shall provide support to agriculture
through appropriate technology and research, and adequate
financial, production, marketing, and other support services.
4. Art XIV, SECTION 17. The State shall recognize, respect, and
protect the rights of indigenous cultural communities to
preserve and develop their cultures, traditions, and
institutions. It shall consider these rights in the formulation of
national plans and policies.
Section 23: Encouragement of non-governmental
community based or sectoral organizations
SECTION 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote
the welfare of the nation.
-It serves to create or induce more participation from the said
organizations, which in turn, will help the government in
finding out ways and means to improve them and their
communities.
Section 24: Vital role of communication and information in
nation- building.
SECTION 24. The State recognizes the vital role of
communication and information in nation-building.
Section 25: Autonomy of local governments
Section 26: Equal access to opportunity for public service
SECTION 25. The State shall ensure the autonomy of local
governments.
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SECTION 26. The State shall guarantee equal access to
opportunities for public service, and prohibit political
dynasties as may be defined by law.
-The constitution does not guarantee equality of all the
citizens of the republic. What our constitution guarantees is
only equality of opportunity.
SECTION 27. The State shall maintain honesty and integrity
in the public service and take positive and effective
measures against graft and corruption.
SECTION 28. Subject to reasonable conditions prescribed by
law, the State adopts and implements a policy of full public
disclosure of all its transactions involving public interest.
Three basic principles emphasized by sections 27 and 28
1. Public office is a public trust- Under this principle, public
officials in all ladders of our government should always
remember that they were merely entrusted by the people to
perform the duties and responsibilities of their offices for a
fixed period of time. They were chosen to serve the people,
not to cheat them. Their offices are not their own, nor can
they be treated as private properties which they can manage
or dispose of at their whim and caprice.
2. Our government is a government of laws and not of men-
The law should be applied equally without fear or favor. No
one in this republic, not even the president is above the law.
3. Transparency in public service- Because public officials are
mere trustees of the people, they should observe loyalty and
fidelity to the people who have entrusted to them specific
duties for a specific tenure.
Provisions of the constitution that provide a policy of
transparency in matters of public interest:
1. Article II SECTION 28. Subject to reasonable conditions
prescribed by law, the State adopts and implements a policy
of full public disclosure of all its transactions involving public
interest.
2. Article III SECTION 7. The right of the people to information
on matters of public concern shall be recognized. Access to
official records, and to documents, and papers pertaining to
official acts, transactions, or decisions, as well as to
government research data used as basis for policy
development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
3. Article VI SECTION 20. The records and books of accounts
of the Congress shall be preserved and be open to the public
in accordance with law, and such books shall be audited by
the Commission on Audit which shall publish annually an
itemized list of amounts paid to and expenses incurred for
each Member.
4. Article XI SECTION 17. A public officer or employee shall,
upon assumption of office and as often thereafter as may be
required by law, submit a declaration under oath of his
assets, liabilities, and net worth. In the case of the President,
the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and officers of
the armed forces with general or flag rank, the declaration
shall be disclosed to the public in the manner provided by
law.
5. Article XII SECTION 21. Foreign loans may only be incurred
in accordance with law and the regulation of the monetary
authority. Information on foreign loans obtained or
guaranteed by the Government shall be made available to the
public.
Doctrine of incorporation in political law- A state is, by
reason of its membership in the family of nations, bound by
the generally accepted principles of international law, the
same being considered as part of its own laws. (Art.II Sec 2)
Doctrine of transformation- International law may be
transformed into a domestic law by and through a local
legislation.
Doctrine of state immunity- The state may not be sued
without its consent.
A state has the inherent right to exist and to protect itself and
its citizens from any act or acts which will defeat the greater
interest of the people which it is obligated to serve. This
include the right to protect itself against indiscriminate suits
which will necessarily require its attention, time, and
resources. All these would otherwise be used more for the
benefit and interest of the general welfare, in line with secs 4
and 5 of article II.
It is not conducive to harmony and peace in the community
of nations if one state can assert jurisdiction over another
state. The better view is to uphold the principle of sovereign
equality of states under the principle of Par in Parem
Imperium Non Habet.
General Rule: The government cannot be sued without its
consent.
Exception: The consent of the state to be sued may be given
expressly or impliedly. Express consent may be manifested
either through a general law or special law.
Express consent to be sued- When a law expressly grants
authority to sue the state or any of its agencies. A waiver
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made by the lawyer of the state is not binding upon the state,
the express consent must be provided by law.
Implied consent to be sued
1. When the state enters into a private contract, unless the
contract is only incidental to the performance of a
government function.
2. When a state enters into an operation that is essentially a
business operation, unless the operation is only incidental to
the performance of a governmental function.
3. When the state sues a private party, the defendant can file
a counterclaim against the state, unless the suit is entered
only to resist a claim.
Agencies of the government’s immunity from suit- Depends
whether the government agency to be sued is incorporated
or unincorporated.
If incorporated- The rule is that it is suable if its charter says
so regardless of the functions it is performing.
If unincorporated- The rule is that it is suable if it is
performing proprietary functions, and not suable if it is
performing governmental functions.
A public officer can be sued in his official capacity without
obtaining first the consent of the state to be sued-
This is allowed in cases where said public officer is merely
being required to do or perform a duty which is required by
law or if he is merely being restrained to do or perform an act
which is alleged to be illegal or unconstitutional, or if he is
being sued to be able to recover from him the possession of a
property which is under his custody in his official capacity as a
public officer.
However, if in the enforcement of a judgment rendered in
connection with said cases, an appropriation of public funds
will be needed to satisfy the judgment, the state should be
included in the suit as a party defendant.
Personal liability of the public officer- It is not enough that a
public officer complies with his official duties. HE should
perform his duties in accordance with law and he should act
within the scope of his authority and jurisdiction. If not, he
will incur personal liability.
Republic v Villasor- A writ of execution was issued by the
court against the funds of the AFP to satisfy a judgment
rendered against the Philippine government. It was ruled that
public funds cannot be the object of garnishment proceedings
even if the consent of the state to be sued had been
previously granted and even if the state liability has been
adjudged.
Municipality of Makati v CA- The claimant may file a petition
for mandamus to compel the enactment and approval of the
necessary appropriation ordinance and the corresponding
disbursement of municipal funds suppose there is a final
money judgment against a municipality but despite this, the
latter still fails and refuses to pay the same.
Act of state doctrine- Under this doctrine, the foreign court
chooses to uphold and respect the foreign state’s act done
within its territory on the reasoning that if it will not do so, it
would imperil the amicable relations between governments
and vex the peace of nations.
The doctrine should not be applied where the executive
branch expressly represents to the court that the application
of the doctrine would not advance the interests of foreign
policy.
The act of state only precludes investigation of the legality,
validity and propriety of acts and investigations of foreign
sovereigns in its own boundaries. It does not preclude judicial
resolutions of all commercial consequences stemming from
the occurrence of such public acts.
Limitations to the application of the Act of State Doctrine:
1. There is an official act of a foreign sovereign performed
within its own territory, which is deemed valid.
2. The relief sought or the defense interposed in the action
would require a court in the other foreign state where the
action is filed based on such act of the state to declare invalid
the foreign sovereign’s official act.
3. The doctrine covers only state action, not the action
between individuals.
Potestas delegate non delegari potest- Power delegated
cannot be further delegated. The legislative must not nor can
transfer the power of making laws to anybody else or place it
anywhere except where the people have.
Doctrine of Judicial Supremacy- It is the assertion of the
solemn and sacred obligation assigned to the judiciary by the
constitution to determine conflicting claims of authority
under the constitution and to establish for the parties in an
actual controversy the right which that instrument secures
and guarantees to them.
Doctrine of Parens Patriae- Literally means father of his
country. It is a doctrine which refers to the inherent power or
authority of the state to provide protection to the person and
property of a person non sui juris.
The state has the sovereign power of guardianship over
persons under disability.
Page | 16
Principle of the Right of Revolution- It is the inherent right of
a people to cast out their rulers, change their polity, or effect
radical reforms in their system of government or institution,
by force or a general uprising, when the legal and
constitutional methods of making such changes have proved
inadequate or are so obstructed as to be unavailable.
Doctrine of Stare Decisis- Means the uniformity in judicial
decisions. Once an interpretation has been given the
provision of the constitution, it should not be abandoned
without grave reasons, for the stability of many important
institutions of society depends upon permanence.
Article IV CITIZENSHIP
SECTION 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of
the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the
Philippines;
(3) Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority; and
(4) Those who are naturalized in accordance with law.
SECTION 2. Natural-born citizens are those who are citizens
of the Philippines from birth without having to perform any
act to acquire or perfect their Philippine citizenship. Those
who elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed natural-
born citizens.
SECTION 3. Philippine citizenship may be lost or reacquired
in the manner provided by law.
SECTION 4. Citizens of the Philippines who marry aliens shall
retain their citizenship, unless by their act or omission they
are deemed, under the law, to have renounced it.
SECTION 5. Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.
Jus Sanguinis Principle- The mode of acquiring citizenship
which is recognized in the Philippines
Basis of Jus Sanguinis- Section 1 (2) Article IV, those whose
fathers or mothers are citizens of the Philippines
If the child is born under the 1973 or 1987 Constitution, and
either his father or mother is a Filipino citizen at the time of
his birth, the child is Filipino regardless of his place of birth
outside the Philippines.
1935 Constitution
1. Those who are citizens of the Philippine Islands at the time
of the adoption of this constitution.
2. Those born in the Philippine Islands of foreign parents who,
before the adoption of this constitution, had been elected
into public office in the Philippine Islands.
3. Those whose fathers are citizens of the Philippines
4. Those whose mothers are citizens of the Philippines, and
upon reaching the age of majority, elect Philippine
citizenship.
5. Those who are naturalized in accordance with law.
1973 Constitution
1. Those who are citizens of the Philippines at the time of the
adoption of this constitution.
2. Those whose fathers or mothers are citizens of the
Philippines
3. Those born before January 17, 1973 of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority.
4. Those who are naturalized in accordance with law.
1987 Constitution
1. Those who are citizens of the Philippines at the time of the
adoption of this constitution.
2. Those whose fathers or mothers are citizens of the
Philippines
3. Those born before January 17, 1973 of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority.
4. Those who are naturalized in accordance with law.
Children born prior to January 17,1973- Are governed by
Section 1 (4) of the 1935 Constitution which provides that
those whose mothers are citizens of the Philippines and upon
reaching the age of majority, elect Philippine citizenship.
Naturalization- It is a judicial process of acquiring citizenship
of another country.
It may mean not only the judicial process but also the
acquisition of another citizenship by such acts like marriage to
a citizen, or the exercise of the option to elect a particular
citizenship.
Attributes of naturalization
1. The opportunity of an alien to become a citizen by
naturalization is only a matter of grace, favor, or privilege
extended to him by the state. It is not a matter of right.
2. The only right which an alien has to become a citizen is that
which is conferred on him by statute, and to acquire this right
he must strictly comply with all of the statutory conditions
and requirements.
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3. Naturalization demands allegiance to our constitution, our
laws, and government.
4. The conditions for naturalization are laid down by
congress. Courts cannot change or modify them.
Laws and procedures of naturalization that have been used
In the Philippines
1. Through a judicial process- Revised Naturalization Law (CA
473, June 17, 1939)
2. Through an administrative process- Letter of instruction
no. 270 promulgated by Pres. Marcos on April 11, 1975,
which took effect on a limited period.
3. Through a special naturalization law/ Naturalization by
direct legislative action- This is within the discretion of the
legislature. It may be granted to aliens in recognition of their
outstanding contributions to the country.
4. Through a mass naturalization law- Phil. Bill of 1902
Requirements for application for naturalization under the
Revised Naturalization Law
A. Substantive Requirements
1. Petitioner must not be less than 21 years of age at the
date of the hearing of the petition.
2. 10 years of actual, substantial, and continuous residence.
Reduced to 5 years if applicant has:
1. Honorably held office under the government of
the Philippines.
2. Established a new industry or introduced a useful
invention in the Philippines.
3. Married to a Filipina.
4. Engaged as a teacher in a public or recognized
private school not established for the exclusive
institution of children of persons of a particular
nationality, or race in any of the branches of
education or industry for a period of two years.
5. If he was born in the Philippines.
3. Good moral character and belief in the principles
underlying the Philippine Constitution.
Examples of improper conduct:
1. Failure to pay taxes
2. Affiliation with the communist party or any
subversive organization.
3. Concubinage
4. Desertion of a common law wife to be able to
marry another woman.
5. Playing prohibited games
6. False statement that the applicant has never
previously filed any petition for naturalization.
4. Property qualification or lucrative occupation- Lucrative
means that there must be an appreciable margin of income
over expenses in order to provide for adequate support in the
event of unemployment, sickness, or disability to work.
5. Language requisite- Must be able to speak and write
English or Spanish and anyone of the principal Philippine
languages.
6. Enrollment of minor children of school age- In order that
the children will learn and imbibe the customs, traditions, and
ideals of Filipinos.
B. Procedural requirements
1. Applicant must file a declaration of intention to become
Filipino citizen, unless he is exempted from this requirement.
2. Petition for naturalization must be filed.
3. The petition will be heard.
4. If the petition is approved, there will be a rehearing after
two years after the promulgation of the judgment awarding
naturalization.
5. The applicant will take oath of allegiance to support and
defend the constitution and laws of the Philippines.
Who are exempted from making a declaration of intention
1. Persons born in the Philippines and who have received
their primary and secondary education in public schools or
private schools recognized by the government, and not
limited to any race or nationality.
2. Those who have resided continuously in the Philippines for
a period of thirty years or more before filing their application.
3. The widow and minor children of an alien who has declared
his intention to become citizen of the Philippines and dies
before he is actually naturalized.
Executory only after 2 years from its promulgation- Certain
conditions will have to be fulfilled and proper proof thereof
must be presented.
It must be proved that during the intervening time the
applicant:
1. Has not left the Philippines
2. Has dedicated himself continuously to a lawful
calling or profession.
3. Has not been convicted of any offense or violation
of government promulgated rules.
4. Has not committed any act prejudicial to the
nation or to any government announced policies.
Page | 18
Purpose of 2 year period- To place petitioner on probation.
Reckoning of 2 year period- From the time the judgment has
become final, subject to the following limitations:
1. If the government appeals- The period starts from the
time the appellate court promulgates its judgment awarding
naturalization.
2. If the government does not appeal- The period begins
from the time the judgment of the trial court is promulgated.
Because, it is only upon final judgment that the authorities
concerned will know that naturalization is about to be
granted. From that time therefore, a close scrutiny of the
petitioner’s conduct will be made.
Effect of failure of the applicant to pass successfully the two-
year probationary period- Results in the loss of whatever
rights he may have acquired under the decision authorizing
his naturalization because said decision was rendered
nullified by a subsequent one denying the grant of the
certificate of naturalization.
Naturalization case- Not a judicial adversary proceeding.
Hence the decision therein is not res judicata as to any matter
which would support a judgment cancelling the certification
of naturalization. The government cannot be estopped to
question the qualification after the petition has been granted.
Leaving the Philippines during the probationary period
General rule: During this period, the physical presence of the
petitioner is required not mere legal residence. Otherwise the
government will have no opportunity to observe and
scrutinize his conduct.
Exceptions:
1. When the petitioner leaves for abroad on a government
mission.
2. When the petitioner has been kidnapped or forcibly
removed.
3. If he has to undergo an operation to save his life.
Offense or violation committed during the 2 year
probationary period effects:
1. If committed before the probationary period- Petitioner
would not be allowed to take oath.
2. Conviction no yet taken place because of pendency of case
in court- The oath taking will be postponed until after the
final adjudication of the charges against the petitioner. If
convicted, he cannot take his oath.
Effects of naturalization:
1. Vests citizenship on the wife if she herself may be lawfully
naturalized.
2. Minor children born in the Philippines before the
naturalization shall be considered citizens of the Philippines.
3. Minor child born outside the Philippines who was residing
in the Philippines at the time of naturalization, shall be
considered a Filipino citizen.
4. Minor child born outside the Philippines before parents’
naturalization shall be considered Filipino citizens only during
minority, unless he begins to permanently reside in the
Philippines.
5. Child born outside the Philippines after parent’s
naturalization shall be considered a Filipino, provided that he
registers as such before any Philippine consulate within one
year after attaining majority age, and takes his oath of
allegiance.
Grounds to denaturalize one who has already been issued a
naturalization certificate:
1. The naturalization certificate is obtained fraudulently or
illegally.
2. If within 5 years, he returns to his native country or to
some foreign country and establishes residence there.
3. The petition was made on invalid declaration of intention.
4. The minor children failed to graduate through the fault of
the parents either by neglecting to support them or by
transferring them to another school.
5. Has allowed himself to be used as a dummy.
Natural-born citizens 2 Kinds
1. Are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their
Philippine citizenship.
2. Those who elect Philippine citizenship in accordance with
paragraph 3 section 1 hereof shall be deemed natural-born
citizens.
General ways to lose citizenship
1. Voluntary Renunciation- Or expatriation (The privilege of
renouncing allegiance to one’s country and becoming a
citizen of another country)
Page | 19
2. Involuntary Renunciation-Takes place when a person is
deprived of his citizenship by competent authority in
accordance with law
Legal grounds to lose citizenship
1. By naturalization in foreign countries.
2. By express renunciation of citizenship.
3. By subscribing to an oath of allegiance to support the
constitution or laws of a foreign country upon attaining 21
years of age or more. Provided, however, that a Filipino may
not divest himself of Philippine citizenship in any manner
while the Republic of Philippines is at war with any country.
4. By rendering service to, or accepting commission in the
armed forces of a foreign country; Provided, that the
rendering of service to, or acceptance of such commission, in
the armed forces of a foreign country, and the taking of an
oath of allegiance incident thereto, with the consent of the
Republic of the Philippines, shall not divest a Filipino of his
Philippine citizenship if either of the ff circumstances are
present:
1. The Republic of the Philippines has a defensive
and/or offensive pact of alliance with the said
foreign country.
2. The said foreign country maintains armed forces
on the Philippine territory with the consent of the
Republic of the Philippines: Provided, that the
Filipino citizen concerned, at the time of rendering
service, or acceptance of said commission, and
taking the oath of allegiance incident thereto, states
that he does so only in connection with his service to
said foreign country and provided finally, that any
Filipino citizen who is rendering service to, or is
commissioned in the armed forces of a foreign
country under any of the circumstances mentioned
in paragraph 1 or 2, shall not be permitted to
participate nor vote in any election of the Republic
of the Philippines during the period of his service to
or commission in the armed forces of said foreign
country. Upon his discharge from the service of said
foreign country, he shall be automatically entitled to
the full enjoyment of his civil and political rights as a
Filipino.
5. By cancellation of certificate of naturalization.
6. By having been declared by competent authority, a
deserter of the Philippine armed forces in time of war, unless
subsequently, a plenary pardon or amnesty has been granted.
7. In the case of a woman, upon her marriage to a foreigner,
if by virtue of the laws in force in her husband’s country she
acquires his nationality.
How Philippine citizenship reacquired
1. By naturalization, provided, that the applicant possesses
none of the disqualifications prescribed for naturalization.
Requirements for reacquisition of Philippine citizenship:
1. The applicant must be at least 21 years of age and shall
have resided in the Philippines at least 6 months before he
applies for naturalization.
2. That he shall have conducted himself in a proper and
irreproachable manner during the entire period of his
residence in the Philippines, in his relation with the
constituted government as well as with the community in
which he is living.
3. That he subscribes to an oath declaring his intention to
renounce absolutely and perpetually all faith and allegiance
to the foreign authority, state, or sovereignty of which he was
a citizen or subject.
4. By repatriation of deserters of the army, navy, or air corps,
provided, that a woman who lost her citizenship by reason of
her marriage to an alien may be repatriated in accordance
with the provisions of this act after the termination of the
marital status.
5. By direct act of the national assembly.
Who may be repatriated
1. Deserters of the Armed Forces of the Philippines.
2. Women who lost their citizenship by reason of their
marriage to aliens after the termination of the marital status.
How repatriation is carried out- By merely taking the
necessary oath of allegiance to the Republic of the Philippines
and registering the same in the civil registry.
Section 4: Citizens of the Philippines who marry aliens shall
retain their citizenship, unless by their act or omission they
are deemed, under the law, to have renounced it.
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 of the said
states.
Dual allegiance- This refers to a situation in which a person
simultaneously owes, by some positive act, loyalty to two or
more states. Dual allegiance is a result of an individual
volition.
Page | 20
Article V: SUFFRAGE
SECTION 1. Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who are at
least eighteen years of age, and who shall have resided in
the Philippines for at least one year and in the place
wherein they propose to vote for at least six months
immediately preceding the election. No literacy, property,
or other substantive requirement shall be imposed on the
exercise of suffrage.
SECTION 2. The Congress shall provide a system for securing
the secrecy and sanctity of the ballot as well as a system for
absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled
and the illiterates to vote without the assistance of other
persons. Until then, they shall be allowed to vote under
existing laws and such rules as the Commission on Elections
may promulgate to protect the secrecy of the ballot.
Suffrage- Is the right to vote in elections.
It is the expression of the sovereign will of the people.
Both a right and a privilege- It is a right because it is the
expression of the sovereign will of the people. It is a privilege
because its exercise is granted not to everybody but only to
such persons or class of persons as are most likely to exercise
it for the purpose of public good.
Basis of the right of suffrage- Predicated upon the theory
that the people who bear the burden of government should
share in the privilege of choosing the officials of that
government.
Importance of safeguarding the right of suffrage- A republic
then to be true to its name requires that the government
rests on the consent of the people, consent freely given,
intelligently arrived at, honestly recorded, and thereafter
counted. Only thus can they be really looked upon as the
ultimate source of established liability.
Who may exercise the right of suffrage
1. By all citizens of the Philippines not otherwise disqualified
by law, who are at least 18 years of age, and who shall have
resided in the Philippines for at least 1 year and in the place
wherein they propose to vote for at least 6 months
immediately preceding the election.
Residence under the Election law- Is synonymous with
domicile, which imports not only intention to reside in a fixed
place, but also personal presence in that place, coupled with
conduct indicative of such intention.
Difference between residence and domicile- residence
denotes permanency of occupation whereas domicile is
residence coupled with intention to remain for an unlimited
time. It can exist without actually living in a place.
Who are disqualified to vote under the Election Code
1. Any person who has been sentenced by final judgment to
suffer an imprisonment of not less than 1 year, such disability
not having been removed by plenary pardon. Provided, that
any person disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon expiration of 5
years after service of sentence.
2. Any person who has been adjudged by final judgment by
competent court of having violated his allegiance to the
Republic of the Philippines.
3. Insane or feeble minded persons.
Article XII: National Economy and Patrimony
SECTION 1. The goals of the national economy are a more
equitable distribution of opportunities, income, and wealth;
a sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and an
expanding productivity as the key to raising the quality of
life for all, especially the underprivileged.
The State shall promote industrialization and full
employment based on sound agricultural development and
agrarian reform, through industries that make full and
efficient use of human and natural resources, and which are
competitive in both domestic and foreign markets.
However, the State shall protect Filipino enterprises against
unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and
all regions of the country shall be given optimum
opportunity to develop. Private enterprises, including
corporations, cooperatives, and similar collective
organizations, shall be encouraged to broaden the base of
their ownership.
National economic goals how attained under the
constitution
1. The state shall promote industrialization and full
employment based on sound agricultural development and
agrarian reform, through industries that make full and
efficient use of human and natural resources, and which are
competitive in both domestic and foreign markets.
2. The state shall protect Filipino enterprises against unfair
foreign competition and trade practices.
Page | 21
3. All sectors of the economy and all regions of the country
shall be given optimum opportunity to develop.
4. Private enterprises, including corporations, cooperatives,
and similar collective organizations, shall be encouraged to
broaden the base of their ownership.
National Patrimony- it refers not only to the natural
resources of the Philippines, as the constitution could have
very well used the term natural resources, but also the
cultural heritage of the Filipinos. (Manila Prince Hotel v GSIS)
SECTION 2. 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. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be
under the full control and supervision of the State. The State
may directly undertake such activities, or it may enter into
co-production, joint venture, or production-sharing
agreements with Filipino citizens, or corporations or
associations at least sixty per centum of whose capital is
owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not
more than twenty-five years, and under such terms and
conditions as may be provided by law. In cases of water
rights for irrigation, water supply, fisheries, or industrial
uses other than the development of water power, beneficial
use may be the measure and limit of the grant.
The State shall protect the nation’s marine wealth in its
archipelagic waters, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment exclusively to
Filipino citizens.
The Congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens, as well as cooperative
fish farming, with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-
owned corporations involving either technical or financial
assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by
law, based on real contributions to the economic growth
and general welfare of the country. In such agreements, the
State shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every contract
entered into in accordance with this provision, within thirty
days from its execution.
What is owned by the state under Section 2, Article XII
1. All lands of the public domain
2. Waters
3. Coal
4. Petroleum
5. Other mineral oils
6. Minerals
7. All forces of potential energy
8. Fisheries, Forests, Timber
9. Wildlife
10. Flora and Fauna
11 And other natural resources.
Except agricultural lands, all other mineral resources shall
not be alienated.
The state has: Full control and supervision in case of
exploration, development and utilization of natural resources.
Full control and supervision in case of exploration,
development and utilization of natural resources- The state
can do the same in joint venture or co-production with other
Filipino private individuals or corporations. In case of
corporations and associations, it can only do so with those
60% of the capital of which is owned by Filipino citizens.
Limitation to Full control and supervision in case of
exploration, development and utilization of natural
resources with join ventures- Said agreements may be for a
period not exceeding 25 years, renewable for not more than
25 years, and under such terms and conditions as may be
provided by law.
In case of water rights for irrigation, water supply, fisheries,
or industrial uses other than the development of water
power, beneficial use may be the measure and limit of the
grant.
Regalian Doctrine- All agricultural timber and mineral lands
of the public domain are owned by the state. All lands not
otherwise clearly appearing to be privately owned are
presumed to belong to the state.
Imperium- Refers to the government authority possessed by
the state which is appropriately embraced in sovereignty.
Dominium- Refers to the capacity of the state to own or
acquire property, and in this sense, that the said lands are
held by the state in its proprietary character. It is in this
capacity that the state may provide for the exploitation and
use of lands and other natural resources, including their
disposition, except as limited by the constitution.
Page | 22
SECTION 3. 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 by law according to the uses which they
may be devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of the public
domain except by lease, for a period not exceeding twenty-
five years, renewable for not more than twenty-five years,
and not to exceed one thousand hectares in area. Citizens of
the Philippines may lease not more than five hundred
hectares, or acquire not more than twelve hectares thereof
by purchase, homestead, or grant.
Taking into account the requirements of conservation,
ecology, and development, and subject to the requirements
of agrarian reform, the Congress shall determine, by law,
the size of lands of the public domain which may be
acquired, developed, held, or leased and the conditions
therefor.
Primary classification of lands of the public domain
1. Agricultural land
2. Forest land
3. Timber land
4. Mineral land
5. National Park
Alienable lands of the public domain- Limited to agricultural
lands. Which may be disposed by the state either by
purchase, homestead or grant or lease.
Limitations of alienation of lands by the state
1. Alienable lands shall be limited to agricultural lands.
2. Only Filipino citizens may acquire not more than 12
hectares by purchase, homestead, or grant, or lease not more
than 500 hectares.
3. Private corporations may lease not more than 1000
hectares for 25 years renewable for another 25 years.
What is the size of lands of the public domain which may be
acquired, developed, held, or leased and the conditions
therefor- Congress shall determine this by law considering
the requirements of conservation, ecology, development, and
agrarian reform.
Agricultural Land- Refers to the land devoted to agricultural
activity, as defined in the said law and not classified as
mineral, forest, residential, commercial, or industrial land.
President- Power to classify the primary classifications of
lands.
Further classification of agricultural lands
1. Residential
2. Commercial
3. Industrial
Cities and Municipalities- Has the authority to re-classify
agricultural lands.
Classification of agricultural lands to forest conservation
zones- Only the president has the power to reclassify upon
the recommendation of the DENR.
SECTION 4. The Congress shall, as soon as possible,
determine by law the specific limits of forest lands and
national parks, marking clearly their boundaries on the
ground. Thereafter, such forest lands and national parks
shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide, for
such period as it may determine, measures to prohibit
logging in endangered forests and watershed areas.
SECTION 5. The State, subject to the provisions of this
Constitution and national development policies and
programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their
economic, social, and cultural well-being.
The Congress may provide for the applicability of customary
laws governing property rights or relations in determining
the ownership and extent of ancestral domain.
Ancestral Lands- As defined under RA 6657 Section 9, refer
to ancestral land of each indigenous cultural community
which shall include, but not limited to lands in the actual,
continuous, and open possession and occupation of the
community and its members, provided that the Torrens
System shall be respected.
RA 6657 Protection to each indigenous cultural
communities- The right of these communities to their
ancestral lands shall be protected to ensure their economic,
social, and cultural well-being. In line with the principles of
self-determination and autonomy, the systems of land
ownership, land use, and the modes of settling land disputes
of all these communities must be recognized and respected.
SECTION 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.
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Agrarian reform mandated by RA 6657 and section 6- Land
has a social function, hence, there is a concomitant social
responsibility in its ownership and should, therefore, be
distributed to the actual tillers/ occupants.
SECTION 7. 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.
SECTION 8. Notwithstanding the provisions of Section 7 of
this Article, a natural-born citizen of the Philippines who has
lost his Philippine citizenship may be a transferee of private
lands, subject to limitations provided by law.
Former natural-born Filipino citizen may acquire up to 5000
sqm of urban lands and 3 hectares of rural land which may
not be used for business and for other purposes. Under BP
185, the said land may be used as residence.
Parity Amendment- American citizens and controlled
corporations cannot validly acquire private agricultural lands
under this, since the exceptional rights granted to them
under the said amendment refer only to agricultural, mineral,
and timber lands of the public domain and natural resources,
and conduct and operation of public utilities. But this was
abandoned by the 1973 constitution. Hence, titles to private
land acquired by such persons before such date shall be valid
as against other private persons only. Private land acquired
by said persons before July 3, 1973 shall be valid as against
other private persons only.
Action for reversion
Private lands under control and possession of disqualified
aliens can be recovered by the state through institution of an
action for reversion of said lands under the Public Land Act
and the power of the state to do so is imprescriptible.
It is the state alone which may institute reversion proceeding
under the Public Land Act or file a suit for conveyance. Private
persons are not proper parties to file an action for
reconveyance.
Estoppel
The state may be held in estoppel for irregular acts and
mistakes of its officials- As a rule, estoppel against the state is
not favored. However, if for a long time , the state failed to
correct and recover alleged increase in the land area of the
titles issued, this will amount to laches and consequently, the
state may be held in estoppel for irregular acts and mistakes
of its officials.
SECTION 9. The Congress may establish an independent
economic and planning agency headed by the President,
which shall, after consultations with the appropriate public
agencies, various private sectors, and local government
units, recommend to Congress, and implement continuing
integrated and coordinated programs and policies for
national development.
Until the Congress provides otherwise, the National
Economic and Development Authority shall function as the
independent planning agency of the government.
SECTION 10. The Congress shall, upon recommendation of
the economic and planning agency, when the national
interest dictates, reserve to citizens of the Philippines or to
corporations or associations at least sixty per centum of
whose capital is owned by such citizens, or such higher
percentage as Congress may prescribe, certain areas of
investments. The Congress shall enact measures that will
encourage the formation and operation of enterprises
whose capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions covering
the national economy and patrimony, the State shall give
preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign
investments within its national jurisdiction and in
accordance with its national goals and priorities.
SECTION 11. No franchise, certificate, or any other form of
authorization for the operation of a public utility shall be
granted except to citizens of the Philippines or to
corporations or associations organized under the laws of the
Philippines at least sixty per centum of whose capital is
owned by such citizens, nor shall such franchise, certificate,
or authorization be exclusive in character or for a longer
period than fifty years. Neither shall any such franchise or
right be granted except under the condition that it shall be
subject to amendment, alteration, or repeal by the Congress
when the common good so requires. The State shall
encourage equity participation in public utilities by the
general public. The participation of foreign investors in the
governing body of any public utility enterprise shall be
limited to their proportionate share in its capital, and all the
executive and managing officers of such corporation or
association must be citizens of the Philippines.
Limitation under section 11
1. Franchise, certificate, or any other form of authorization
for the operation of public utility shall be granted only to
citizens of the Philippines or to corporations or associations
organized under the laws of the Philippines at least 60% of
whose capital is Filipino owned,
2. Said franchise, certificate, or authorization shall be
exclusive in character, valid for not more than 50 years.
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3. Said franchise or right shall be granted under the condition
that it shall be subject to amendment, alteration, or repeal by
the congress when the common good so requires.
Public utility- Is one organized for hire or compensation to
serve the public, and the public, in turn, has the right to
demand its service.
SECTION 12. The State shall promote the preferential use of
Filipino labor, domestic materials and locally produced
goods, and adopt measures that help make them
competitive.
SECTION 13. The State shall pursue a trade policy that serves
the general welfare and utilizes all forms and arrangements
of exchange on the basis of equality and reciprocity.
SECTION 14. The sustained development of a reservoir of
national talents consisting of Filipino scientists,
entrepreneurs, professionals, managers, high-level technical
manpower and skilled workers and craftsmen in all fields
shall be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the
national benefit.
The practice of all professions in the Philippines shall be
limited to Filipino citizens, save in cases prescribed by law.
SECTION 15. The Congress shall create an agency to promote
the viability and growth of cooperatives as instruments for
social justice and economic development.
SECTION 16. The Congress shall not, except by general law,
provide for the formation, organization, or regulation of
private corporations. Government-owned or controlled
corporations may be created or established by special
charters in the interest of the common good and subject to
the test of economic viability.
Practice of professions- The practice of all professions in the
Philippines shall be limited to Filipino citizens, save in cases
provided by law.
Board of Medicine v Ota- The court held that RA 2382 and PD
23, does not provide that the foreign applicant must show
that the conditions for the practice of medicine in said
country are practical and attainable by Filipinos. Neither is it
stated that it must first be proven that a Filipino has been
granted license and allowed to practice his profession in said
country before a foreign applicant may be given license to
practice in the Philippines.
It is enough that the laws in the foreign country permit a
Filipino to get a license and practice thereon, requiring the
respondent to prove first that a Filipino has already been
granted license and is actually practicing therein unduly
expands the requirements provided under the said laws.
In re: Benjamin M. Dacanay- It was held that a Filipino lawyer
who becomes citizen of another country is deemed never to
have lost his Philippine citizenship if he reacquires it in
accordance with RA 9225.
Although he is also deemed never to have terminated his
membership in the Philippine Bar, no automatic right to
resume law practice accrues. Before he can resume his law
practice, he must secure first from the Supreme Court the
authority to do so under certain conditions.
SECTION 17. In times of national emergency, when the
public interest so requires, the State may, during the
emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any
privately owned public utility or business affected with
public interest.
SECTION 18. The State may, in the interest of national
welfare or defense, establish and operate vital industries
and, upon payment of just compensation, transfer to public
ownership utilities and other private enterprises to be
operated by the Government.
SECTION 19. 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.
SECTION 20. The Congress shall establish an independent
central monetary authority, the members of whose
governing board must be natural-born Filipino citizens, of
known probity, integrity, and patriotism, the majority of
whom shall come from the private sector. They shall also be
subject to such other qualifications and disabilities as may
be prescribed by law. The authority shall provide policy
direction in the areas of money, banking, and credit. It shall
have supervision over the operations of banks and exercise
such regulatory powers as may be provided by law over the
operations of finance companies and other institutions
performing similar functions.
Until the Congress otherwise provides, the Central Bank of
the Philippines, operating under existing laws, shall function
as the central monetary authority.
SECTION 21. Foreign loans may only be incurred in
accordance with law and the regulation of the monetary
authority. Information on foreign loans obtained or
guaranteed by the Government shall be made available to
the public.
SECTION 22. Acts which circumvent or negate any of the
provisions of this Article shall be considered inimical to the
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national interest and subject to criminal and civil sanctions,
as may be provided by law.
Article XIII: Social Justice and Human Rights
SECTION 1. The Congress shall give highest priority to the
enactment of measures that protect and enhance the right
of all the people to human dignity, reduce social, economic,
and political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the
common good.
To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its
increments.
SECTION 2. The promotion of social justice shall include the
commitment to create economic opportunities based on
freedom of initiative and self-reliance.
Just and Dynamic Social Order- It is the foundation of a string
and prosperous nation. Poverty and injustice are the root
causes of public discontent which gives rise to chaos and
disorder, and later to a revolution.
Social Justice- Means the promotion of the welfare of all the
people, the adoption by the government of measures
calculated to insure economic stability of all the component
elements of the society, through the maintenance of a
proper economic and social equilibrium in the interrelations
of the members of the community, constitutionally, through
the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying
the existence of all governments on the time honored
principle of salus populi est suprema lex.
Ways social justice can be promoted
1. The congress shall give highest priority to the enactment of
measures that protect and enhance the right of all the people
to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequalities by diffusing
wealth and political power for the common good.
2. The state shall regulate the acquisition, ownership, use and
disposition of property and its increments.
3. The promotion of social justice shall include the
commitment to create economic opportunities based on
freedom of initiative and self-reliance.
National Service Corporation vs NLRC- Social justice does not
champion division of property or equality of economic status,
what it and the constitution do guarantee are equality of
opportunity, equality of political rights, equality before the
law, equality between values given and received, equitable
sharing of the social and material goods on the basis of
efforts exerted in their production. It is a command to devise
social measures but it cannot be used to trample upon the
rights of others.
Labor
SECTION 3. The State shall afford full protection to labor,
local and overseas, organized and unorganized, and
promote full employment and equality of employment
opportunities for all.
It shall guarantee the rights of all workers to self-
organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of
tenure, humane conditions of work, and a living wage. They
shall also participate in policy and decision-making
processes affecting their rights and benefits as may be
provided by law.
The State shall promote the principle of shared
responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes,
including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in
the fruits of production and the right of enterprises to
reasonable returns on investments, and to expansion and
growth.
Responsibilities of the state under Section 3
1. Full protection to labor, local and overseas, organized and
unorganized
2. Promote full employment and equality of employment
opportunities for all
3. It shall guarantee the rights of the workers to
a. Self-organization
b. Collective bargaining and negotiations
c. Peaceful concerted activities
d. The right to strike in accordance with law
4. The state shall promote the principle of shared
responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes.
5. The state shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in
the fruits of production and the right of enterprises to
reasonable returns on investments.
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Social Security System Employees Associations Inc. vs CA,
Manila Public School Teachers Association v Laguro Jr,
Alliance of Government Workers vs Minister of Labor and
Employment- Government employees have the right to
organize and form unions and associations but not the right
to strike and engage in similar activities.
Agrarian and Natural Resources Reform
SECTION 4. The State shall, by law, undertake an agrarian
reform program founded on the right of farmers and regular
farmworkers, who are landless, to own directly or
collectively the lands they till or, in the case of other
farmworkers, to receive a just share of the fruits thereof. To
this end, the State shall encourage and undertake the just
distribution of all agricultural lands, subject to such
priorities and reasonable retention limits as the Congress
may prescribe, taking into account ecological,
developmental, or equity considerations, and subject to the
payment of just compensation. In determining retention
limits, the State shall respect the right of small landowners.
The State shall further provide incentives for voluntary land-
sharing.
SECTION 5. The State shall recognize the right of farmers,
farmworkers, and landowners, as well as cooperatives, and
other independent farmers’ organizations to participate in
the planning, organization, and management of the
program, and shall provide support to agriculture through
appropriate technology and research, and adequate
financial, production, marketing, and other support services.
SECTION 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.
The State may resettle landless farmers and farmworkers in
its own agricultural estates which shall be distributed to
them in the manner provided by law.
SECTION 7. The State shall protect the rights of subsistence
fishermen, especially of local communities, to the
preferential use of local marine and fishing resources, both
inland and offshore. It shall provide support to such
fishermen through appropriate technology and research,
adequate financial, production, and marketing assistance,
and other services. The State shall also protect, develop, and
conserve such resources. The protection shall extend to
offshore fishing grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a just share from
their labor in the utilization of marine and fishing resources.
SECTION 8. The State shall provide incentives to landowners
to invest the proceeds of the agrarian reform program to
promote industrialization, employment creation, and
privatization of public sector enterprises. Financial
instruments used as payment for their lands shall be
honored as equity in enterprises of their choice.
Agrarian Reform- Means the redistribution of lands,
regardless of crops or fruits produced, to farmers and regular
farmworkers who are landless, irrespective of tenurial
arrangement, to include the totality of factors and support
services designed to lift the economic status of th
beneficiaries and all other arrangements alternative to the
physical redistribution of lands, such as product or profit
sharing, labor administration, and the distribution of shares
of stock, which will allow beneficiaries to receive a just share
of the fruits of the lands they work. (Section 3, RA 6657)
Association of Small Landowners in the Philippines vs
Secretary of Agrarian Reform- The taking contemplated is
not a mere limitation of the use of the land. What is required
is the surrender of the land and the physical possession of the
land in excess of the retention limit and all the beneficial
rights accruing to the owner in favor of the former
beneficiary. This is within the power of the state to take and
regulate private property for which payment of just
compensation is provided—Revolutionary kind of
expropriation.
Retention limit provided under RA 6657
The land to be retained by the landowner shall not exceed 5
hectares, but 3 hectares may be awarded to each child of the
landowner subject to the following qualifications:
1. That he is at least 15 years old.
2. That he is actually tilling the land or directly managing rhe
farm.
Rights of substinence fishermen and fish workers
1. Preferential use of the communal marine and fishing
resources both inland and offshore.
2. To receive a just share from their labor in the utilization of
marine and fishing resources.
Support provided by the state to fishermen
1. Appropriate technology and research.
2. Adequate financial, production and marketing assistance.
3. Other services.
4. The state shall also protect, develop, and conserve such
resources.
Urban Land Reform and Housing
SECTION 9. The State shall, by law, and for the common
good, undertake, in cooperation with the public sector, a
continuing program of urban land reform and housing which
Page | 27
will make available at affordable cost decent housing and
basic services to underprivileged and homeless citizens in
urban centers and resettlements areas. It shall also promote
adequate employment opportunities to such citizens. In the
implementation of such program the State shall respect the
rights of small property owners.
SECTION 10. Urban or rural poor dwellers shall not be
evicted nor their dwellings demolished, except in
accordance with law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be
undertaken without adequate consultation with them and
the communities where they are to be relocated.
Health
SECTION 11. The State shall adopt an integrated and
comprehensive approach to health development which shall
endeavor to make essential goods, health and other social
services available to all the people at affordable cost. There
shall be priority for the needs of the underprivileged sick,
elderly, disabled, women, and children. The State shall
endeavor to provide free medical care to paupers.
SECTION 12. The State shall establish and maintain an
effective food and drug regulatory system and undertake
appropriate health manpower development and research,
responsive to the country’s health needs and problems.
SECTION 13. The State shall establish a special agency for
disabled persons for rehabilitation, self-development and
self-reliance, and their integration into the mainstream of
society.
Women
SECTION 14. The State shall protect working women by
providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable
them to realize their full potential in the service of the
nation.
Role and Rights of People’s Organizations
SECTION 15. The State shall respect the role of independent
people’s organizations to enable the people to pursue and
protect, within the democratic framework, their legitimate
and collective interests and aspirations through peaceful
and lawful means.
People’s organizations are bona fide associations of citizens
with demonstrated capacity to promote the public interest
and with identifiable leadership, membership, and
structure.
SECTION 16. The right of the people and their organizations
to effective and reasonable participation at all levels of
social, political, and economic decision-making shall not be
abridged. The State shall, by law, facilitate the
establishment of adequate consultation mechanisms.
Human Rights
SECTION 17. (1) There is hereby created an independent
office called the Commission on Human Rights.
(2) The Commission shall be composed of a Chairman and
four Members who must be natural-born citizens of the
Philippines and a majority of whom shall be members of the
Bar. The term of office and other qualifications and
disabilities of the Members of the Commission shall be
provided by law.
(3) Until this Commission is constituted, the existing
Presidential Committee on Human Rights shall continue to
exercise its present functions and powers.
(4) The approved annual appropriations of the Commission
shall be automatically and regularly released.
SECTION 18. The Commission on Human Rights shall have
the following powers and functions:
(1) Investigate, on 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 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 underprivileged
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 the 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;
Page | 28
(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.
SECTION 19. The Congress may provide for other cases of
violations of human rights that should fall within the
authority of the Commission, taking into account its
recommendations.
CHRB- It is not a court of justice or quasi-judicial agency. Its
function is merely to receive evidence and make findings of
fact regarding human rights violations involving civil or
political rights. It cannot issue injunction or restraining order.
ARTICLE XIV: Education, Science and Technology, Arts,
Culture, and Sports
Education
SECTION 1. The State shall protect and promote the right of
all citizens to quality education at all levels and shall take
appropriate steps to make such education accessible to all.
SECTION 2. The State shall:
(1) Establish, maintain, and support a complete, adequate,
and integrated system of education relevant to the needs of
the people and society;
(2) Establish and maintain a system of free public education
in the elementary and high school levels. Without limiting
the natural right of parents to rear their children,
elementary education is compulsory for all children of
school age;
(3) Establish and maintain a system of scholarship grants,
student loan programs, subsidies, and other incentives
which shall be available to deserving students in both public
and private schools, especially to the underprivileged;
(4) Encourage non-formal, informal, and indigenous learning
systems, as well as self-learning, independent, and out-of-
school study programs particularly those that respond to
community needs; and
(5) Provide adult citizens, the disabled, and out-of-school
youth with training in civics, vocational efficiency, and other
skills.
Elementary education- Compulsory for all children of school
age.
Free Public Secondary Act of 1988- Law that was enacted by
congress in compliance with the constitutional mandate
regarding free public education in the high school level.
SECTION 3. (1) All educational institutions shall include the
study of the Constitution as part of the curricula.
(2) They shall inculcate patriotism and nationalism, foster
love of humanity, respect for human rights, appreciation of
the role of national heroes in the historical development of
the country, teach the rights and duties of citizenship,
strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and
creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.
(3) At the option expressed in writing by the parents or
guardians, religion shall be allowed to be taught to their
children or wards in public elementary and high schools
within the regular class hours by instructors designated or
approved by the religious authorities of the religion to
which the children or wards belong, without additional cost
to the Government.
Optional religious instruction limitations
1. The option must be expressed in writing by the parents or
guardians.
2. Religion shall be allowed to be taught to their children
within the regular class hours.
3. Religion shall be taught by instructors designated or
approved by the religious authorities of the religion to which
the children or wards belong, without additional cost to the
government.
SECTION 4. (1) The State recognizes the complementary
roles of public and private institutions in the educational
system and shall exercise reasonable supervision and
regulation of all educational institutions.
(2) 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.
Page | 29
The control and administration of educational institutions
shall be vested in citizens of the Philippines.
No educational institution shall be established exclusively
for aliens and no group of aliens shall comprise more than
one-third of the enrollment in any school. The provisions of
this subsection shall not apply to schools established for
foreign diplomatic personnel and their dependents and,
unless otherwise provided by law, for other foreign
temporary residents.
(3) All revenues and assets of non-stock, non-profit
educational institutions used actually, directly, and
exclusively for educational purposes shall be exempt from
taxes and duties. Upon the dissolution or cessation of the
corporate existence of such institutions, their assets shall be
disposed of in the manner provided by law.
Proprietary educational institutions, including those
cooperatively owned, may likewise be entitled to such
exemptions subject to the limitations provided by law
including restrictions on dividends and provisions for
reinvestment.
(4) Subject to conditions prescribed by law, all grants,
endowments, donations, or contributions used actually,
directly, and exclusively for educational purposes shall be
exempt from tax.
SECTION 5. (1) The State shall take into account regional and
sectoral needs and conditions and shall encourage local
planning in the development of educational policies and
programs.
(2) Academic freedom shall be enjoyed in all institutions of
higher learning.
(3) Every citizen has a right to select a profession or course
of study, subject to fair, reasonable, and equitable
admission and academic requirements.
(4) The State shall enhance the right of teachers to
professional advancement. Non-teaching academic and non-
academic personnel shall enjoy the protection of the State.
(5) The State shall assign the highest budgetary priority to
education and ensure that teaching will attract and retain its
rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and
fulfillment.
Academic Freedom- Freedom of a faculty member or the
freedom of an academic institution of higher learning.
Academic Freedom of a faculty member
1. Full freedom in research and publication of the same- but is
subject to the adequate performance of his academic duties.
2. Freedom to discuss his subject in the classroom- Subject to
the responsibility not to teach matters not related to his
subject.
3. Freedom from institutional censorship or discipline-
Subject to the responsibility to be accurate, to respect the
opinions of others, and to exercise restraint.
Academic freedom of an institution of higher learning- It is
the freedom of the school or college to decide on what it
aims and objectives will be and what is the best manner to
attain the same. It is free to determine for itself on academic
grounds
1. who may teach
2. what may be taught
3. how it shall be taught
4. who may be admitted to study.
Garcia vs Faculty Admission Committee, Loyola School of
Theology- As a rule, courts cannot interfere with the
academic judgment of the school, of its faculty and the
proper authorities as to the competence and fitness of an
applicant for enrollment. The only exception is if the action of
the school is tainted with arbitrariness.
Termination of contract rule- It means that when a student
enrolls in a given school, he is registering for the entire
semester and after the semester ends, the school has no duty
to accept him, because the contract is deemed terminated.
Valid grounds to deny re-admission of students
1. Academic deficiency
2. Breach of the school’s reasonable rules of conduct.
Minimum standards of procedural due process when
disciplinary sanctions are imposed to students of a school
1. The students must be informed in writing of the nature and
cause of the accusation against them.
2. They shall have the right to answer the charges against
them.
3. They shall be informed of the evidence against them.
4. The evidence must be duly considered by the investigating
committee or official designated by the school authorities to
hear and decide the case.
Page | 30
UP Board of Regents vs William- A university have the right
to revoke or withdraw the honor or distinction it has awarded
to a student who already graduated.
Cagayan Capitol College vs NLRC- It is still the discretion of
the school to determine whether the performance of the said
teacher is satisfactory or not and whether the said teacher
has met its standards.
Language
SECTION 6. The national language of the Philippines is
Filipino. As it evolves, it shall be further developed and
enriched on the basis of existing Philippine and other
languages.
Subject to provisions of law and as the Congress may deem
appropriate, the Government shall take steps to initiate and
sustain the use of Filipino as a medium of official
communication and as language of instruction in the
educational system.
SECTION 7. For purposes of communication and instruction,
the official languages of the Philippines are Filipino and,
until otherwise provided by law, English.
The regional languages are the auxiliary official languages in
the regions and shall serve as auxiliary media of instruction
therein.
Spanish and Arabic shall be promoted on a voluntary and
optional basis.
SECTION 8. This Constitution shall be promulgated in Filipino
and English and shall be translated into major regional
languages, Arabic, and Spanish.
SECTION 9. The Congress shall establish a national language
commission composed of representatives of various regions
and disciplines which shall undertake, coordinate, and
promote researches for the development, propagation, and
preservation of Filipino and other languages.
Science and Technology
SECTION 10. Science and technology are essential for
national development and progress. The State shall give
priority to research and development, invention,
innovation, and their utilization; and to science and
technology education, training, and services. It shall support
indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the
country’s productive systems and national life.
SECTION 11. The Congress may provide for incentives,
including tax deductions, to encourage private participation
in programs of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall
be provided to deserving science students, researchers,
scientists, inventors, technologists, and specially gifted
citizens.
SECTION 12. The State shall regulate the transfer and
promote the adaptation of technology from all sources for
the national benefit. It shall encourage the widest
participation of private groups, local governments, and
community-based organizations in the generation and
utilization of science and technology.
SECTION 13. The State shall protect and secure the exclusive
rights of scientists, inventors, artists, and other gifted
citizens to their intellectual property and creations,
particularly when beneficial to the people, for such period
as may be provided by law.
Arts and Culture
SECTION 14. The State shall foster the preservation,
enrichment, and dynamic evolution of a Filipino national
culture based on the principle of unity in diversity in a
climate of free artistic and intellectual expression.
SECTION 15. Arts and letters shall enjoy the patronage of
the State. The State shall conserve, promote, and popularize
the nation’s historical and cultural heritage and resources,
as well as artistic creations.
SECTION 16. All the country’s artistic and historic wealth
constitutes the cultural treasure of the nation and shall be
under the protection of the State which may regulate its
disposition.
SECTION 17. The State shall recognize, respect, and protect
the rights of indigenous cultural communities to preserve
and develop their cultures, traditions, and institutions. It
shall consider these rights in the formulation of national
plans and policies.
SECTION 18. (1) The State shall ensure equal access to
cultural opportunities through the educational system,
public or private cultural entities, scholarships, grants and
other incentives, and community cultural centers, and other
public venues.
(2) The State shall encourage and support researches and
studies on the arts and culture.
Sports
SECTION 19. (1) The State shall promote physical education
and encourage sports programs, league competitions, and
amateur sports, including training for international
competitions, to foster self-discipline, teamwork, and
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excellence for the development of a healthy and alert
citizenry.
(2) All educational institutions shall undertake regular sports
activities throughout the country in cooperation with
athletic clubs and other sectors.
ARTICLE XV: The Family
SECTION 1. The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall strengthen its
solidarity and actively promote its total development.
3 Responsibilities of the state when the Constitution states
that the “The state recognizes the sanctity of family life”
1. It shall protect and strengthen the family as a basic
autonomous social institution.
2. It shall equally protect the life of the mother and the life of
the unborn from conception.
3. The natural primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral
character shall receive the aid and support of the
government.
Family as basic autonomous social institution- The family is a
social institution because it forms part of the community.
Without a family or group of families, the community has no
one to depend on for any project it wishes to carry out.
SECTION 2. Marriage, as an inviolable social institution, is
the foundation of the family and shall be protected by the
State.
SECTION 3. The State shall defend:
(1) The right of spouses to found a family in accordance with
their religious convictions and the demands of responsible
parenthood;
(2) The right of children to assistance, including proper care
and nutrition, and special protection from all forms of
neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development;
(3) The right of the family to a family living wage and
income; and
(4) The right of families or family associations to participate
in the planning and implementation of policies and
programs that affect them.
SECTION 4. The family has the duty to care for its elderly
members but the State may also do so through just
programs of social security.
ARTICLE XVI: General Provisions
SECTION 1. The flag of the Philippines shall be red, white,
and blue, with a sun and three stars, as consecrated and
honored by the people and recognized by law.
SECTION 2. The Congress may, by law, adopt a new name for
the country, a national anthem, or a national seal, which
shall all be truly reflective and symbolic of the ideals,
history, and traditions of the people. Such law shall take
effect only upon its ratification by the people in a national
referendum.
SECTION 3. The State may not be sued without its consent.
Procedure to prosecute the claim of the government- Under
CA no 327 as amended by PD 1445, A claim against the
government must first be filed with the Commission on Audit,
which must act upon it within 60 days. If the claim is rejected,
the clamant is authorized to elevate the matter to the
Supreme Court on certiorari and in effect sue the state with
its consent.
Meritt v Government- The driver of the ambulance of the
Philippine General Hospital was not considered as an agent
and the said hospital is therefore not liable for the negligence
of the ambulance driver.
SECTION 4. 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.
SECTION 5. (1) All members of the armed forces shall take
an oath or affirmation to uphold and defend this
Constitution.
(2) The State shall strengthen the patriotic spirit and
nationalist consciousness of the military, and respect for
people’s rights in the performance of their duty.
(3) Professionalism in the armed forces and adequate
remuneration and benefits of its members shall be a prime
concern of the State. The armed forces shall be insulated
from partisan politics.
No member of the military shall engage directly or indirectly
in any partisan political activity, except to vote.
(4) No member of the armed forces in the active service
shall, at any time, be appointed or designated in any
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capacity to a civilian position in the Government including
government-owned or controlled corporations or any of
their subsidiaries.
(5) Laws on retirement of military officers shall not allow
extension of their service.
(6) The officers and men of the regular force of the armed
forces shall be recruited proportionately from all provinces
and cities as far as practicable.
(7) The tour of duty of the Chief of Staff of the armed forces
shall not exceed three years. However, in times of war or
other national emergency declared by the Congress, the
President may extend such tour of duty.
SECTION 6. The State shall establish and maintain one police
force, which shall be national in scope and civilian in
character, to be administered and controlled by a national
police commission. The authority of local executives over
the police units in their jurisdiction shall be provided by law.
National Police Commission- Has control and administration
over all police units in the Philippines.
Nature of our police force- One police force which shall be
national in scope and civilian in character.
SECTION 7. The State shall provide immediate and adequate
care, benefits, and other forms of assistance to war veterans
and veterans of military campaigns, their surviving spouses
and orphans. Funds shall be provided therefor and due
consideration shall be given them in the disposition of
agricultural lands of the public domain and, in appropriate
cases, in the utilization of natural resources.
SECTION 8. The State shall, from time to time, review to
upgrade the pensions and other benefits due to retirees of
both the government and the private sectors.
SECTION 9. The State shall protect consumers from trade
malpractices and from substandard or hazardous products.
SECTION 10. 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 11. (1) The ownership and management of mass
media shall be limited to citizens of the Philippines, or to
corporations, cooperatives or associations, wholly-owned
and managed by such citizens.
The 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.
(2) 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 associations at least
seventy per centum 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
of entities in such industry shall be limited to their
proportionate share in the capital thereof, and all the
executive and managing officers of such entities must be
citizens of the Philippines.
SECTION 12. The Congress may create a consultative body to
advise the President on policies affecting indigenous cultural
communities, the majority of the members of which shall
come from such communities.
ARTICLE XVII: Amendments or Revisions
SECTION 1. Any amendment to, or revision of, this
Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its
Members; or
(2) A constitutional convention.
Revision- Is the rewriting or overhauling of the entire
instrument.
Amendment- Is a change or alteration for the better, an
amendment or change within the lines of the original
instrument which will bring about improvement.
Steps required in the revision or amendment of the
constitution
1. Proposal- Is the motion of initiating suggestions or
proposals on the amendment or revision which may either be
a. Congress upon a vote of ¾ of all its members.
b. Constitutional convention
c. People through initiative
2. Ratification- Is the sovereign act vested in the Filipino
People to either reject or approve the proposals to amend or
revise the constitution. The ratificatory process is found and
outlined in Section 4, Article XVII of the Constitution.
Page | 33
Revision of the Constitution: 2 modes
1. By congress upon a vote of ¾ of all its members.
2. By a Constitutional convention
If congress chooses to call a constitutional convention to
revise the constitution it may either:
1. Call a constitutional convention by a vote of 2/3 of
all its members.
2. Submit to the electorate the question or calling
such a body by a majority vote of all its members.
Amendment effected by
1. Congress upon a vote if ¾ of all its members.
2. Constitutional Convention
3. People’s Initiative
SECTION 2. Amendments to this Constitution may likewise
be directly proposed by the people through initiative upon a
petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be
represented by at least three per centum of the registered
voters therein. No amendment under this section shall be
authorized within five years following the ratification of this
Constitution nor oftener than once every five years
thereafter.
The Congress shall provide for the implementation of the
exercise of this right.
People’s initiative- Is the power of the people to propose
amendments to the constitution, or to propose and enact
legislations through an election called for the purpose.
3 Systems of initiative
1. Initiative on the constitution
2. Initiative on statutes
3. Initiative on local legislation
Requirements and limitations to people’s initiative
Initiative to amend the constitution may be effected through
a petition subject to the following conditions
1. Written petition
2. Petition must have at least 12% of the total number of
registered voters as signatories.
3. Of the 12% total registered voters, at least every legislative
district must be represented by 3% of the registered voters
therein.
Limitations on the exercise of people’s initiative
1. The power of initiative shall be exercised 5 years after the
ratification of the 1987 constitution.
2. The power may be exercised only once every five years
thereafter.
Contents of the petition
1. Contents or text of the proposed law sought to be enacted,
approved, or rejected, amended, or repealed, as the case may
be.
2. The proposition
3. Reason or reasons thereof
4. That it is not one of the exceptions provided therein.
5. Signatures of the petitioners or registered voters.
6. Abstract of summary proposition in not more than 100
words which shall be legibly written or printed at the top of
every page of the petition.
SECTION 3. The Congress may, by a vote of two-thirds of all
its Members, call a constitutional convention, or by a
majority vote of all its Members, submit to the electorate
the question of calling such a convention.
SECTION 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which
shall be held not earlier than sixty days nor later than ninety
days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which
shall be held not earlier than sixty days nor later than ninety
days after the certification by the Commission on Elections
of the sufficiency of the petition.
Ratification- It is the direct approval of the people of the
amendment to, or revision of the constitution.
ARTICLE XVIII: Transitory Provisions
SECTION 1. The first elections of Members of the Congress
under this Constitution shall be held on the second Monday
of May, 1987.
The first local elections shall be held on a date to be
determined by the President, which may be simultaneous
with the election of the Members of the Congress. It shall
include the election of all Members of the city or municipal
councils in the Metropolitan Manila area.
Transitory provisions- Are transient or temporary in nature.
They are intended to attain smooth transition from the old
government to the new one under the new constitution. The
purpose for which a transitory provision is enacted is deemed
accomplished after the said provision is carried out,
implemented, or fulfilled. There being no specific date that is
fixed for the exact fulfillment of the same, except as
otherwise indicated in some instances, they shall continue to
exist until the purpose or purposes for their enactment are
attained of fulfilled.
Page | 34
SECTION 2. The Senators, Members of the House of
Representatives, and the local officials first elected under
this Constitution shall serve until noon of June 30, 1992.
Of the Senators elected in the election of 1992, the first
twelve obtaining the highest number of votes shall serve for
six years and the remaining twelve for three years.
SECTION 3. All existing laws, decrees, executive orders,
proclamations, letters of instructions, and other executive
issuances not inconsistent with this Constitution shall
remain operative until amended, repealed, or revoked.
SECTION 4. All existing treaties or international agreements
which have not been ratified shall not be renewed or
extended without the concurrence of at least two-thirds of
all the Members of the Senate.
SECTION 5. The six-year term of the incumbent President
and Vice-President elected in the February 7, 1986 election
is, for purposes of synchronization of elections, hereby
extended to noon of June 30, 1992.
The first regular elections for the President and Vice-
President under this Constitution shall be held on the
second Monday of May, 1992.
SECTION 6. The incumbent President shall continue to
exercise legislative powers until the first Congress is
convened.
From the ratification of the 1987 constitution up to the fourth
Monday of July 1987, president Aquino shall continue to
exercise legislative powers. This is the basis of her authority
to implement some provisions of the constitution that are not
self-executory.
SECTION 7. Until a law is passed, the President may fill by
appointment from a list of nominees by the respective
sectors the seats reserved for sectoral representation in
paragraph (2), Section 5 of Article VI of this Constitution.
SECTION 8. Until otherwise provided by the Congress, the
President may constitute the Metropolitan Authority to be
composed of the heads of all local government units
comprising the Metropolitan Manila area.
SECTION 9. A sub-province shall continue to exist and
operate until it is converted into a regular province or until
its component municipalities are reverted to the mother
province.
SECTION 10. All courts existing at the time of the ratification
of this Constitution shall continue to exercise their
jurisdiction, until otherwise provided by law. The provisions
of the existing Rules of Court, judiciary acts, and procedural
laws not inconsistent with this Constitution shall remain
operative unless amended or repealed by the Supreme
Court or the Congress.
SECTION 11. The incumbent Members of the Judiciary shall
continue in office until they reach the age of seventy years
or become incapacitated to discharge the duties of their
office or are removed for cause.
SECTION 12. The Supreme Court shall, within one year after
the ratification of this Constitution, adopt a systematic plan
to expedite the decision or resolution of cases or matters
pending in the Supreme Court or the lower courts prior to
the effectivity of this Constitution. A similar plan shall be
adopted for all special courts and quasi-judicial bodies.
SECTION 13. The legal effect of the lapse, before the
ratification of this Constitution, of the applicable period for
the decision or resolution of the cases or matters submitted
for adjudication by the courts, shall be determined by the
Supreme Court as soon as practicable.
SECTION 14. The provisions of paragraphs (3) and (4),
Section 15 of Article VIII of this Constitution shall apply to
cases or matters filed before the ratification of this
Constitution, when the applicable period lapses after such
ratification.
SECTION 15. The incumbent Members of the Civil Service
Commission, the Commission on Elections, and the
Commission on Audit shall continue in office for one year
after the ratification of this Constitution, unless they are
sooner removed for cause or become incapacitated to
discharge the duties of their office or appointed to a new
term thereunder. In no case shall any Member serve longer
than seven years including service before the ratification of
this Constitution.
SECTION 16. Career civil service employees separated from
the service not for cause but as a result of the
reorganization pursuant to Proclamation No. 3 dated March
25, 1986 and the reorganization following the ratification of
this Constitution shall be entitled to appropriate separation
pay and to retirement and other benefits accruing to them
under the laws of general application in force at the time of
their separation. In lieu thereof, at the option of the
employees, they may be considered for employment in the
Government or in any of its subdivisions, instrumentalities,
or agencies, including government-owned or controlled
corporations and their subsidiaries. This provision also
applies to career officers whose resignation, tendered in line
with the existing policy, had been accepted.
SECTION 17. Until the Congress provides otherwise, the
President shall receive an annual salary of three hundred
thousand pesos; the Vice-President, the President of the
Page | 35
Senate, the Speaker of the House of Representatives, and
the Chief Justice of the Supreme Court, two hundred forty
thousand pesos each; the Senators, the Members of the
House of Representatives, the Associate Justices of the
Supreme Court, and the Chairmen of the Constitutional
Commissions, two hundred four thousand pesos each; and
the Members of the Constitutional Commissions, one
hundred eighty thousand pesos each.
SECTION 18. At the earliest possible time, the Government
shall increase the salary scales of the other officials and
employees of the National Government.
Senate and, when the Congress so requires, ratified by a
majority of the votes cast by the people in a national
referendum held for that purpose, and recognized as a
treaty by the other contracting State.
SECTION 26. The authority to issue sequestration or freeze
orders under Proclamation No. 3 dated March 25, 1986 in
relation to the recovery of ill-gotten wealth shall remain
operative for not more than eighteen months after the
ratification of this Constitution. However, in the national
interest, as certified by the President, the Congress may
extend said period.

SECTION 19. All properties, records, equipment, buildings,
facilities, and other assets of any office or body abolished or
reorganized under Proclamation No. 3 dated March 25, 1986
or this Constitution shall be transferred to the office or body
to which its powers, functions, and responsibilities
substantially pertain.
SECTION 20. The first Congress shall give priority to the
determination of the period for the full implementation of
free public secondary education.
SECTION 21. The Congress shall provide efficacious
procedures and adequate remedies for the reversion to the
State of all lands of the public domain and real rights
connected therewith which were acquired in violation of the
Constitution or the public land laws, or through corrupt
practices. No transfer or disposition of such lands or real
rights shall be allowed until after the lapse of one year from
the ratification of this Constitution.
A sequestration or freeze order shall be issued only upon
showing of a prima facie case. The order and the list of the
sequestered or frozen properties shall forthwith be
registered with the proper court. For orders issued before
the ratification of this Constitution, the corresponding
judicial action or proceeding shall be filed within six months
from its ratification. For those issued after such ratification,
the judicial action or proceeding shall be commenced within
six months from the issuance thereof.
The sequestration or freeze order is deemed automatically
lifted if no judicial action or proceeding is commenced as
herein provided.
SECTION 27. This Constitution shall take effect immediately
upon its ratification by a majority of the votes cast in a
plebiscite held for the purpose and shall supersede all
previous Constitutions.

SECTION 22. At the earliest possible time, the Government

shall expropriate idle or abandoned agricultural lands as
may be defined by law, for distribution to the beneficiaries
of the agrarian reform program.

SECTION 23. Advertising entities affected by paragraph (2),

Section 11 of Article XVI of this Constitution shall have five
years from its ratification to comply on a graduated and
proportionate basis with the minimum Filipino ownership
requirement therein.

SECTION 24. Private armies and other armed groups not

recognized by duly constituted authority shall be
dismantled. All paramilitary forces including Civilian Home
Defense Forces not consistent with the citizen armed force
established in this Constitution, shall be dissolved or, where
appropriate, converted into the regular force.

SECTION 25. After the expiration in 1991 of the Agreement

between the Republic of the Philippines and the United
States of America concerning Military Bases, foreign military
bases, troops, or facilities shall not be allowed in the
Philippines except under a treaty duly concurred in by the

Page | 36
ARTICLE VI: Legislative Department
SECTION 1. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate
and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and
referendum.
Legislative power- It is the power to propose, enact, amend,
and repeal laws. It is vested in the congress.
Non-legislative powers of congress
1. Power to confirm presidential appointments
2. Power of impeachment
3. In case the verified complaint or resolution of
impeachment is filed by at least 1/3 of all members of the
house, the same shall constitute articles of impeachment.
4. The senate shall have the sole power to try and decide all
cases of impeachment.
5. Power to declare the existence of state of war.
6. Power to concur or confirm an amnesty granted by the
president.
7. Power to canvass the votes based on the return of every
election for president and vice-president.
8. Power to propose amendment or revision of the
constitution upon a vote of ¾ of all the members of the
congress.
9. Power to ratify treaties granted to the senate.
Initiative- It is the power of the people to propose
amendments to the constitution or to propose or enact
legislation through an election called for the purpose.
Referendum- It is the power of the electorate to approve or
reject legislation through an election called for that purpose.
Difference between referendum and plebiscite
1. Referendum
Is merely consultative in character. It simply a means of
assessing public reaction to the given issues submitted to the
people for their consideration.
The calling of which is derived from or within the totality of
the executive power of the president.
It is participated in by all citizens from the age of 15,
regardless of whether or not they are illiterates, feeble-
minded, or ex-convicts.
2. Plebiscite
Involves the constituent of those citizens of the Philippines
not otherwise disqualified by law, who are 18 years of age or
over, and who shall have resided in the Philippines for at least
1 year and in the place wherein they propose to vote for at
least 6 months preceding the election.
Literacy, property, or any other substantive requirement is
imposed.
It is generally associated with the amending process of the
constitution, more particularly the ratification aspect.
3 systems of initiative
1. Initiative on the constitution
2. Initiative on statutes
3. Initiative on local legislation
2 kinds of referendum
1. Referendum on statutes- Approve/reject an act or law
passed by congress.
2. Referendum on local laws- Approve or reject a law,
resolution, or ordinance enacted by regional assemblies and
local legislative bodies.
Limitations to initiative on referendum petition
1. No petition embracing more than one subject shall be
submitted to the electorate.
2. Statutes involving emergency measures, the enactment of
which are specifically vested in congress by the constitution,
cannot be the subject of referendum until 90 days after their
effectivity.
Local initiative- A petition filed with the regional assembly or
local legislative body, by not less than 2,000 registered voters
in case of autonomous regions, 1,000 in case of provinces or
cities, 100 in case of municipalities, and 50 in case of
barangays, proposing the adoption, enactment, repeal, or
amendment of any law, ordinance, or resolution.
Limitations on local initiative
1. The power of local initiative shall not be exercised more
than once a year.
2. Initiative shall extend only to subjects or matters which are
within the legal powers of the local legislative bodies.
Page | 37
3. If at any time before the initiative is held, the local
legislative body shall adopt in toto the proposition presented,
the initiative shall be cancelled. However, those against such
action may, if they so desire, apply for initiative.
Original legislative power- It is a legislative power vested in
and exercised by the sovereign electorate.
Derivative legislative power- It is a legislative power
delegated by the sovereign people to the legislative bodies
and is subordinate to the original power of the people.
Constituent legislative power- It is the power to amend or
revise the constitution.
Ordinary legislative power- The power to pass ordinary laws.
Amendatory process- The people exercise constituent power.
Initiative and referendum-ordinary legislative power.
Limitations to legislative power
1. Substantive limitations- The limitation is substantive
because if the provision of the law will curtail constitutional
rights, the same is unconstitutional.
2. Procedural limitations- Even if the law does not violate
constitutional provisions but is not passed and approved in
accordance with the prescribed procedure, the same is
questionable and it may not be given force and effect.
A member of the House of Representatives or the Senate
can introduce any kind of bill subject to the following
limitations:
1. All appropriation, revenue, 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 of concur with
amendments.
2. Ex post facto laws, bills of attainder, or laws impairing the
obligation of contracts cannot be enacted.
3. Other inhibitions imposed by the constitution shall be
respected.
Irrepealable laws- This is not allowed because it is, in effect, a
curtailment or limitation to the power of future congress, and
considering that past and future conditions may not require
different approaches and solutions, that is not only
unconstitutional but also impractical.
Municipality of San Juan Metro Manila v CA et al.-
Proclamation 164 is not a valid act of legislation. When
congress was convened on July 26, 1987, President Aquino
lost this legislative power under the Freedom Constitution.
Proclamation 164 amending Proclamation 1716 was issued on
Oct 6, 1987 when legislative power was already solely in
congress.
Kilusang Mayo Uno et al. V The Director General NEDA et
al.- EO 420 is valid. There being nothing legislative about
unifying existing ID systems of all courts within the judiciary.
The same is true for government entities under the executive
department, If government entities under the executive
department decide to nullify their existing ID data collection
and ID card issuance systems to achieve savings, efficiency,
compatibility and convenience, such act does not involve the
exercise of any legislative power. Thus, the issuance of EO
420 does not constitute usurpation of legislative power.
Emergency powers- Congress may by law authorize the
President to exercise emergency powers under Sec 23 (2),
Art. VI of the 1987 Constitution: “(2) In times of war or other
national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions
as it may prescribe, to exercise powers necessary and proper
to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall
cease upon the next adjournment thereof.”
Reason behind the exercise of emergency powers- Dues to
situations caused by war or other national emergency and in
order to be able to act promptly and faster regarding the
problems arising from such emergency, the president may be
authorized by congress to exercise emergency powers,
instead of congress itself going through the law- making
process, which is necessarily protracted to discussion and
debate.
Conditions for granting emergency powers
1. War or national emergency
2. Must be for a limited period.
3. The emergency powers must be exercised to carry out a
national policy declared by congress.
4. The delegation must be subject to such restrictions
congress may prescribe.
Limitations if emergency powers are delegated- The period
during which emergency powers may be exercised is defined
by congress which has the option to fix the period or to
shorten the period if it wants to. In fact, congress may
terminate it even before the end of the emergency.
Delegation to Administrative Agencies- What is delegated to
them is merely the power to make and issue rules, not the
power to make or pass laws.
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Test of valid delegation of legislative powers to
administrative agencies:
1. Completeness test- Is the law which delegates powers
complete in itself, or does it not set forth the policy to be
executed by the delegate?
2. Sufficient Standard Test- Does the law fix standard limits
which are sufficiently determinates or determinable to which
the delegate must conform?
Completeness Test- The law must be complete in itself in all
terms and provisions when it leaves the legislature so that
nothing is left to the judgment of the delegate. Otherwise,
the statute is an unconstitutional delegation of power.
Completeness of a statute- When the subject, the manner,
and the extent of its operation are therein stated. It is for this
reason that the legislature should clearly state the legislative
policy to be implemented by the delegate, who should
implement the same, and the scope of authority to the
delegate.
Sufficient Standard Test- A sufficient standard not only
defines the policy fixed by the legislature but also marks its
limits by specifying the extent of the authority of the delegate
as well as the conditions under which policy should be
implemented.
Without the said standard, there would be no means to
determine, with reasonable certainty, whether the delegate
has acted within or beyond the scope of its authority. When
this happens, the power of legislation will eventually be
exercised by a branch of government other than in which it is
lodged by the constitution.
Standards according to jurisprudence
1. Justice, equity, public convenience and welfare
2. In the interest of law and order
3. Public welfare
4. Public interest
Simplicity, economy, and efficiency
5. Fair and equitable employment practices
6. National interest
7. Protection of local consumers by stabilizing and subsidizing
domestic pump rates by fixing domestic prices of petroleum
products.
8. Standardization and regulation of medical education.
Requisites of valid administrative regulation
1. Authorized by the legislature.
2. Within the scope of authority given by the legislature.
3. In accordance with the prescribed procedure.
4. Reasonable.
MMDA v Dante O. Garin
1. There is no syllable in RA 7924 that grants MMDA police
power or legislative power.
2. Even the Metro Manila Council has not been delegated any
legislative power.
3. Unlike the legislative bodies of the local government units,
there is no provision in RA 7924 that empowers the MMDA or
its council to enact ordinances, approve resolutions, and
appropriate funds for general welfare of the inhabitants of
Metro Manila. The MMDA is , as termed in the charter itself,
a development authority. It is an agency created for the
purpose of laying down policies and coordinating with the
various national government agencies, people’s organization
and the private sector for the efficient and expeditious
delivery of basic services in the vast metropolitan area. All its
functions are administrative in nature.
4. The MMDA is not a political unit of government, The power
delegated to the MMDA is that given to the Metro Manila
Council to promulgate its administrative rules and regulations
in the implementation of the MMDA’s function.
5. There is no grant of authority to enact ordinances and
regulations for the general welfare of the inhabitants of the
metropolis.
6. The power therefore to confiscate and suspend or revoke
driver’s license without the need of legislative enactment is
an unauthorized exercise of police power.
Roving Commission- Exercise of arbitrary discretion which
thereby amounts to virtual surrender of legislative power.
SECTION 2. The Senate shall be composed of twenty-four
Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.
SECTION 3. No person shall be a Senator unless he is a
natural-born citizen of the Philippines, and, on the day of
the election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the
Philippines for not less than two years immediately
preceding the day of the election.
SECTION 4. The term of office of the Senators shall be six
years and shall commence, unless otherwise provided by
law, at noon on the thirtieth day of June next following their
election.
No Senator shall serve for more than two consecutive terms.
Voluntary renunciation of the 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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SECTION 5. (1) The House of Representatives shall be
composed of not more than two hundred and fifty
members, unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants,
and on the basis of a uniform and progressive ratio, and
those who, as provided by law, shall be elected through a
party-list system of registered national, regional, and
sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per
centum of the total number of representatives including
those under the party list. For three consecutive terms after
the ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be filled, as
provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities,
women, youth, and such other sectors as may be provided
by law, except the religious sector.
(3) Each legislative district shall comprise, as far as
practicable, contiguous, compact and adjacent territory.
Each city with a population of at least two hundred fifty
thousand, or each province, shall have at least one
representative.
(4) Within three years following the return of every census,
the Congress shall make a reapportionment of legislative
districts based on the standards provided in this section.
SECTION 6. No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and, except
the party-list representatives, a registered voter in the
district in which he shall be elected, and a resident thereof
for a period of not less than one year immediately preceding
the day of the election.
SECTION 7. The Members of the House of Representatives
shall be elected for a term of three years which shall begin,
unless otherwise provided by law, at noon on the thirtieth
day of June next following their election.
No member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary renunciation
of the 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.
SECTION 8. Unless otherwise provided by law, the regular
election of the Senators and the Members of the House of
Representatives shall be held on the second Monday of
May.
SECTION 9. In case of vacancy in the Senate or in the House
of Representatives, a special election may be called to fill
such vacancy in the manner prescribed by law, but the
Senator or Member of the House of Representatives thus
elected shall serve only for the unexpired term.
SECTION 10. 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.
Bicameral Congress- Senate and House of Representatives.
Senate
1. Composition- 24 senators who shall be elected at large by
the qualified voters of the Philippines as may be provided by
law.
2. Qualifications
a. Natural-born citizen
b. At least 35 years of age on the day of the election.
c. Able to read and write.
d. A registered voter.
e. A resident of the Philippines for not less than 2
years immediately preceding the day of the election.
3. Term- 6 years
4. Re-election- No senator shall serve for more than 2
consecutive terms. Voluntary renunciation of the 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.
5. Manner of election- Elected at large by the entire
electorate.
House of Representatives
1. Composition- Composed of not more than 250 members,
unless otherwise fixed by law who are elected from various
legislative districts. They are the following:
a. District Representatives- No less than 200
members in the HR
b. Party List Representatives- There are 50 seats
initially allowed to the Party list members, to be
chosen from the various parties listed in the
COMELEC which have presented candidates in the
election.
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 ½ of the seats allocated to the party-list
representatives shall be filled as provided by law, by
selection or election from the
a. Labor
b. Peasant
c. Urban poor
d. Indigenous cultural communities
e. Women
f. Youth
g. Such other sectors as may be provided by
law except the religious sector.
2. Qualifications
a. Natural-born citizen
b. At least 25 years of age on the day of the election.
c. Able to read and write
d. A registered voter in the district in which he shall
be elected.
e. A resident in the district for a period of not less
than 1 year immediately preceding the day of the
election.
3. Term- 3 years
4. Re-election- No member of the HR shall serve for more
than 3 consecutive terms. Voluntary renunciation if the office
for any length of time shall not be considered as an
interruption in the continuity for his service for the full term
for which he was elected.
5. Manner of election- Directly elected from the various
legislative districts.
35 years of age- Age qualification must be possessed on the
day of the election, not on the day of the proclamation of
winners. (Espinosa v Aquino)
Registration- It is a method of proof, prescribed for
ascertaining the electors who are qualified to cast votes. It
does not make a person a qualified voter. It is simply a step
towards voting. It does not confer the right to vote, it is a
condition precedent to the exercise of the right. In short,
registration is a regulation, not a qualification for voting.
Registered voter- Is one who is duly registered in the list of
voters because he possesses the qualifications for suffrage, as
required by sec 1 art V.
Residence- It is a place where one habitually resides to which
when he is absent he has an intention of returning.
Residence vs domicile- Residence is acquired by living in a
place whereas domicile can exist without actually living in a
place. The important thing for domicile is that, once
residence has been established in one place, there should be
an intention to stay there permanently, even if residence is
also established in some other place.
Social Justice Society vs Dangerous Drugs Board- Additional
qualifications on public office (senatorial candidates)-
Unconstitutional, only through an amendment of the
constitution additional qualifications may be made.
Term vs Tenure
Term- Means the period of time during which the officer may
claim to hold office as a right, and fixes the interval after
which the several incumbents shall succeed one another.
Tenure- Represents the term during which the incumbent
actually holds office. The term of office is not affected by the
hild-over. The tenure may be shorter than the term for
reasons or beyond the power of the incumbent.
The distinction is important for, pursuant to the constitution,
no officer or employee in the Civil Service may be removed or
suspended except for a cause, as provided by law. And this
fundamental principle would be defeated if congress could
legally make the tenure of some officials dependent upon the
pleasure of the president, by clothing the latter with blanket
authority to replace a public officer before the expiration of
his term.
Continuous life of the senate- There being 12 senators who
were elected every 3 years for the full term of 6 years since
1992, the life of the senate is continuous and shall not at
anytime be dissolved. Under this scheme, 50% of the senate
membership is retained and the other 50% is replaced by a
new set of senators who may be elected for the first time or
re-elected every 3 years.
Gerrymandering- A practice of creating a legislative district
composed only of towns or localities where a preferred
candidate is expected to win, and excluding from said district
those towns or localities where a preferred candidate is not
expected to win.
Constitutional restraint to gerrymandering- Section 5 (3) Art
VI of the constitution imposes a restraint to gerrymandering
by providing that each legislative district shall comprise, as far
as practicable, contiguous, compact and adjacent territory.
Rules regarding the apportionment of legislative districts
1. Uniform and progressive ratio- Apportionment shall be
made in accordance with the number of respective
inhabitants (among provinces, cities, and Metro Manila area),
on the basis of a uniform and progressive ratio subject to the
following rules:
a. Each city with not less than 250,000 inhabitants
shall be entitled to at least 1 representative and.
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 b. Each province, irrespective of number of
inhabitants, is entitled to at least 1 representative.
2. Contiguous, compact, and adjacent- Each legislative
district shall comprise, as far as practicable, contiguous,
compact, and adjacent territory in order that gerrymandering
may be avoided.
3. Reapportionment within 3 years- Congress shall make
reapportionment of legislative districts within 3 years
following the return of every census, through a special law. If
reapportionment is made through a general law, the people
in a new city or province will be deprived of their right of
representation.
The power to create or reapportion legislative districts cannot
be delegated by congress but must be exercised by congress
itself.
Conditions to be complied with the creation of local
government units: Province, City, Municipality or Barangay
1. The creation of a local government unit must follow the
criteria fixed in the Local Government Code.
2. Such creation must not conflict with any provision of the
constitution.
3. There must be a plebiscite in the political units affected.
The power to create a province or a city with a population of
250,000 or more, requires also the power to create a
legislative district because once the city’s population reaches
250,000 the city automatically becomes entitled to one
representative.
Important principles:
1. A province cannot be legally created without a legislative
district- The constitution mandates that each province shall
have at least 1 representative in the House of
Representatives.
2. The creation of a legislative district by congress does not
emanate alone from the power of congress to reapportion
legislative district but also from the power of congress to
create provinces.
Bagabuyo v COMELEC
1. Plebiscite was never a requirement in legislative
appointment or reappointment. A plebiscite was always
identified with the creation, division, merger, abolition, and
alteration of boundaries of local government units, never
with the concept of legislative reapportionment.
2. A legislative district referred to in section 5 art VI may be a
political unit because it is the basis for the election of
member of the House of representatives and members of the
local legislative body, but it is not a political subdivision
through which functions of government are carried out. It is
not a corporate unit, and it does not act for and in behalf of
the people comprising the district.
3. The role of the congressman that a district elects is to
ensure that the voice of the people of the district is heard in
congress, not to oversee the affairs of the legislative district.
4. A legislative district is not a corporate unit and this means
that it has no legal personality that must be created or
dissolved and has no capacity to act. Hence, there is no need
for any plebiscite in the creation, dissolution, or any other
similar actions on a legislative district.
5. The local government units, on the other hand, are political
and corporate units. It is an instrumentality of the state in
carrying out the functions of government. For this reason, the
constitution, saw it fit to secure the consent of the people
affected by the creation, division, merger, abolition, or
alteration of boundaries of local government units through a
plebiscite.
Legislative apportionment vs Reapportionment
Legislative apportionment
1. It is the determination of the number of representatives
which a state, country, or other subdivision may send to a
legislative body. It is the allocation of seats in a legislative
body in proportion with the population.
Reapportionment
1. It is the realignment or change in legislative districts
brought about by the changes in population and mandated by
the constitutional requirement of equality of representation.
Aldaba vs COMELEC- Certifications based on demographic
projections can be issued only by the NSO Administrator or
his designated certifying officer. The certification is void on its
face because based on its own growth assumption, the
population of Malolos will be less than 250,000 in 2010. The
regional director had no authority to issue the certification.
Special election in case of vacancy in either house- The
matter of whether special election shall be called or not is
discretionary on the part of congress. In case a special
election takes place, the person elected shall serve only for
the unexpired term.
Salary of the members of congress under 1987 Constitution-
204,000 per annum.
Salaries of the members of congress may be increased-
provided it cannot be effective during the term of the
members of the congress who have approved such increase.
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Salaries of the members of congress may be directly
increased by and through granting them some emoluments
which are not part of their fixed salaries- Constitution does
not contain any specific provision regarding this matter and it
may be interpreted to mean that it is not expressly prohibited
and therefore legally possible.
Members of congress are entitled to allowances for going to
and from different places in connection with their functions
as a legislator- Said allowances are not part of their salaries,
hence, they are entitled to such allowances provided they are
incurred in relation to or in connection with their duties and
functions as legislators. Otherwise, there is no legal
justification to allow the payment of such allowances.
SECTION 11. A Senator or Member of the House of
Representatives shall, in all offenses punishable by not more
than six years imprisonment, be privileged from arrest while
the Congress is in session. No Member shall be questioned
nor be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.
Immunities of Senator and Members of Congress
1. Privilege from arrest
2. Parliamentary privilege of speech
A. Senators
1. In all offenses punishable by not more than 6 years
imprisonment.
a. Privilege from arrest while congress is in session-
To ensure his attendance while the congress is in
session. Whether the session is special or regular, or
whether or not the legislator is actually attending his
session.
b. Shall not be questioned nor held liable in any
other place for any speech or debate in the
congress or in any committee thereof- To enable
the senator to express his views on matters of public
interest without fear of accountability.
For any speech or debate include: Any statement or
utterances a legislator makes while he is performing his
official functions.
B. Members of Congress
1. In all offenses punishable by not more than 6 years
imprisonment.
a. Privilege from arrest while congress is in session
b. Shall not be questioned or held liable in any
other place for any speech or debate in the
congress or in any committee thereof.
SECTION 12. All Members of the Senate and the House of
Representatives 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 authors.
Conflict of interest- They shall do the full disclosure and
notice upon the assumption of office, to prevent them from
using the influence of their position and to reduce, if not to
eliminate, the propagation of their personal and business
interest, especially those which are contrary to and adverse
to public interest.
SECTION 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. Neither shall he be appointed to
any office which may have been created or the emoluments
thereof increased during the term for which he was elected.
Incompatible and forbidden offices
Common prohibitions to senators and members of the
House of Representatives
1. They cannot hold incompatible offices which that hey
cannot simultaneously hold the incompatible office while
serving their term in congress.
2. They cannot be appointed to any office which may have
been created or the emoluments thereof increased during
the term for which they were selected.
Prohibition to hold incompatible office not absolute- The
exception is if it is shown that said other office or
employment is an extension of the legislative position or is in
aid of legislative duties.
Examples:
1. Members of congress who are appointed by the president
to serve in peace panels
2. Members of congress who are appointed by the president
to assist him during his negotiation for renewal of contracts.
Effect of holding incompatible offices- Upon the holding of
an incompatible office, the legislator concerned automatically
forfeits his seat in congress.
SECTION 14. No Senator or Member of the House of
Representatives may personally appear as counsel before
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any court of justice or before the Electoral Tribunals, or
quasi-judicial and other administrative bodies. Neither shall
he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted
by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned
or controlled corporation, or its subsidiary, during his term
of office. He shall not intervene in any matter before any
office of the Government for his pecuniary benefit or where
he may be called upon to act on account of his office.
Inhibitions and disqualifications of senators or member of
the House of Representatives.
1. During their term of office
a. personally appear as counsel in
1. Any court of justice
2. Before the electoral tribunal
3. Before quasi-judicial and other
administrative bodies.
Rationale: To see to it that the legislator cannot exert undue
influence, directly or indirectly upon the court or quasi—
judicial bodies above mentioned.
b. Cannot directly or indirectly, be interested
financially
1. In any contract with
2. Any franchise or special privilege granted
by the government, or in any subdivision,
agency, or instrumentality thereof including
any GOCC or its subsidiary.
Rationale: To prevent a legislator from committing abuses,
undue influence and pressure which are prejudicial to public
interest
c. Shall not intervene in any matter before any
office of the government for their pecuniary benefit
or where they may be called upon to act on account
of their office.
Rationale: Same reasons as above-mentioned. If legislators
intercede for both adversaries in the case, the judge, arbiter,
commissioner, or other public official concerned cannot be
expected to act independently and objectively.
Disqualification of lawyer-legislator to practice his
profession- Only pertains to appearance during trial or a
hearing before any court or quasi-judicial body, the same may
be made by hi, but by any of his associates of his law firm.
Prohibited contracts- only those contracts from which a
legislator is expected to derive gain or profit at the expense of
the government or any of its agencies or instrumentalities.
SECTION 15. The Congress shall convene once every year on
the fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue to be in
session for such number of days as it may determine until
thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays. The
President may call a special session at any time.
2 Kinds of sessions under the constitution
1. Regular session- The congress shall convene once every
year on the fourth Monday of July for its regular session,
unless a different date is fixed by law.
2. Special session- A special session may be called by the
president at any time.
Sine Die session- It is one held without day, by staying the
hands of the clock definitely at a certain time and continuing
the session indefinitely.
How long congress shall hold sessions- Congress shall
continue to hold session for such number of days it may
determine until 30 days before the opening of the next
regular session, excluding Saturdays, Sundays, and legal
holidays.
Mandatory period of recess- Congress may determine if this
will be prolonged or not. What it cannot control is the power
of the president to call a special session because the necessity
of calling the same rests on the discretion of the constitution.
Instances when the congress meets even without the
president’s call
1. To canvass the votes and the returns of the election of the
president and vice-president.
2. When congress convenes in accordance with its rules to
enact a law calling for a special election to elect a president
or vice-president.
3. When the house of representatives acts on a verified
complaint for impeachment, or indorses the same, and the
senate subsequently tries and decides on the articles of
impeachment indorsed by the house of representatives.
4. Following a proclamation of martial law or suspension of
the privilege of the writ of habeas corpus, and 24 hours
following such proclamation or suspension, congress shall
convene in accordance with its rules without need of a call.
Joint sessions but voting separately
1. When they choose the president of the Philippines under
section 4 art VII.
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2. When they determine the disability of the president under
section 11, Art VII.
3. When they confirm the nomination of the vice president
under section 9 Art VII.
4. When they propose constitutional amendments under
section 1, Art XVII.
5. 2/3 votes of both houses in joint session assemble, voting
separately, is needed to declare the existence of state of war.
Joint sessions and voting jointly
1. When they revoke or extend the proclamation of martial
law or a proclamation suspending the privilege of the writ of
habeas corpus.
2. Both houses cannot, during sessions, adjourn for more
than 3 days, or transfer to a place other than that the two
houses shall be sitting without the consent of the state.
SECTION 16. (1) The Senate shall elect its President and the
House of Representatives its Speaker, by a majority vote of
all its respective Members.
Each House shall choose such other officers as it may deem
necessary.
(2) A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to
day and may compel the attendance of absent Members in
such manner, and under such penalties, as such House may
provide.
(3) Each House may determine the rules of its proceedings,
punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or
expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days.
(4) Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts as
may, in its judgment, affect national security; and the yeas
and nays on any question shall, at the request of one-fifth of
the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall,
without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the
two Houses shall be sitting.
Quorum to do business- A majority of all the members of
each house shall constitute a quorum to do business, but a
smaller number may adjourn from day to day and may
compel the attendance of absent members in such manner,
and under such penalties, as such house may provide.
Quorum- The number of persons of the body which. When
legally assembled in their places, will enable the body to
transact its proper business, or in other words, that number
that makes a lawful body and give it power to pass a law or
ordinance or do any other valid corporate act.
It refers to the number of members, whose presence is
required before a meeting can legally take action. It is usually
a majority of the entire body.
Jose Avelino vs Mariano Cuenco- 12 senators who elected
Cuenco were sufficient to constitute a quórum, the said
number being a majority of 23, not 24 because one senator
was in the US. For this reason, the senator is not only outside
the territorial jurisdiction of the Philippines but also outside
and beyond the coercive jurisdiction of the smaller number of
senators. The remaining senators can therefore adjourn from
day to day and compel the attendance of the absent
members in such manner and under such penalties as the
senate may provide.
Officers of the Senate
1. Senate president
2. Senate president pro tempore
3. Majority floor leader
4. Minority floor leader
5. Chairman of various standing committee
6. Chairman of special committee
7. Secretary
8. Sergeant at arms
Officers of the House of Representatives
1. Speaker
2. Speaker pro tempore
3. Majority floor leader
4. Minority floor leader
5. Chairman of various standing committees
6. Chairman of special committees
7. Secretary
8. Sergeant at arms
Discipline of members- Each house may determine rules of
its proceedings.
Each house may punish, suspend, or expel its members for
disorderly behaviour, but subject to the following
conditions:
1. Said punishment or expulsion must have the concurrence
of 2/3 of all its members.
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2. A penalty of suspension, when imposed, shall not exceed
60 days.
What constitutes Disorderly Behavior?- It depends on
congress to determine what constitute disorderly behaviour
being complained of, and if the same was indeed committed.
This matter is a political question and which is beyond the
ambit of judicial interference or review.
Any expulsion or suspension of a members, however which
violated the two conditions aforementioned concurrence of
2/3 or violation of the 60 day period is a Justiciable question.
Osmena vs Pendatum- Suspension of a member of congress
on the ground of disorderly behaviour, is a political question
and it is therefore beyond the discretion and authority of the
courts to intervene on such a kind question.
Enrolled bill- Is the official copy of an approved legislation
which bears the certification of the presiding officer of the
legislative body. It shall prevail over the journal. The enrolled
bill is conclusive upon the courts as regards the tenor of the
measure passed by congress and approved by the president.
Journal- Is a book containing the records of the proceedings
of the legislature.
Probative value of journals- Conclusive evidence of the
contents thereof.
Importance of journals
1. They are the best source on what actually took place
during the proceedings in each house.
2. As such, they serve as reference for authors, researchers
and historians, especially in cases where there is a need to dig
deeper into the intention of the legislators who took part in
the debates.
3. The publication of journals in line with the right to
information on matters of public concern.
What is contained in a journal
1. The yeas and nays on any question at the request of 1/5 of
the members present.
2. The yeas and nays on the final passage of every bill.
3. The yeas and nays, the name of the members voting for or
against any bill.
4. The objection of the president to any bill which he has
disapproved.
Astorga v Villegas- The presiding officer repudiates his
signature in the enrolled bill, in such a case, the journal must
be accepted as conclusive.
Adjournment 2 prohibitions
1. During the sessions of congress, neither house shall
adjourn for more than 3 days without the consent of the
other.
2. During the sessions of congress, neither house shall
adjourn to any other place than that in which the two houses
shall be sitting.
SECTION 17. The Senate and the House of Representatives
shall each have an Electoral Tribunal which shall be the sole
judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral
Tribunal shall be composed of nine Members, three of
whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six shall
be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and
the parties or organizations registered under the party-list
system represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman.
SECTION 18. There shall be a Commission on Appointments
consisting of the President of the Senate, as ex officio
Chairman, twelve Senators and twelve Members of the
House of Representatives, elected by each House on the
basis of proportional representation from the political
parties and parties or organizations registered under the
party-list system represented therein. The Chairman of the
Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it
within thirty session days of the Congress from their
submission. The Commission shall rule by a majority vote of
all the Members.
SECTION 19. The Electoral Tribunals and the Commission on
Appointments shall be constituted within thirty days after
the Senate and the House of Representatives shall have
been organized with the election of the President and the
Speaker. The Commission on Appointments shall meet only
while the Congress is in session, at the call of its Chairman or
a majority of all its Members, to discharge such powers and
functions as are herein conferred upon it.
Electoral tribunals
The senate and the house of representatives shall each have
an electoral tribunal which shall be the sole judge of all
contests relating to the election, returns, and qualifications of
their respective members.
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Composition of the electoral tribunals
1. 9 members
a. 3- Justices of the supreme court designated by the
Chief Justice
b. 6- Members of the senate or house of
representatives as the case may be. They shall be
chosen on the basis of proportional representation
from the political parties and the parties or
organizations required under the party-list system
represented therein.
2. Chairman- The senior justice in the electoral tribunal shall
be the chairman.
Decisions of the electoral tribunals is not appealable to the
SC- Except when there’s grave abuse of discretion.
Electoral Tribunals are independent of the legislature- In the
discharge of their constitutional duties, the ETs are
independent not only of the legislature but also of the other
departments for that matter. In fact, it has the power to
appoint, supervise, and control its employees, they being the
employees of the electoral tribunals and not of the senate.
Commission on Appointments
Composition
1. Senate president- Ex officio chairman
2. 12 senators
3. 12 members of the house of representatives.
They are elected by each house on the basis of proportional
representation from the political parties and the parties or
organizations registered under the party-list represented.
Chairman cannot vote- except in case of a tie.
Period to act on appointments submitted to it- Within 30
sessions days from their submission.
President can make an appointment during the recess of
congress (Ad interim appointments)- But said appointment is
still subject to consideration, confirmation or rejection of the
commission.
Electoral tribunals continue to function during recess-
Because there are many election protests being filed before
and after the winners are proclaimed.
Ad interim appointments not acted upon the time of
adjournment by congress- Deemed by-passed.
Constitution of the Commission on Appointments-
Constituted within 30 days after the senate and the house of
representatives shall have been organized with the election
of the president and the speaker.
Meeting only in session at the call of the chairman or a
majority of all its members.
Powers of the Congress
A. Legislative powers in general
1. Power to enact laws
2. Power to alter laws
3. Power to repeal laws
B. Specific legislative powers
1. Power of appropriation
2. Power of taxation
3. Power of expropriation
C. Implied Powers
1. Power to punish of declare a person in contempt during
the course of legislative investigation.
2. Power to issue summons and notices in connection with
matters subject of its investigation or inquiry.
D. Inherent Powers
1. Power to determine the rules of its proceedings.
Limitations to general legislative powers
1. Substantive limitations- Under the 1987 constitution
2. Procedural limitations
Substantive Limitations
1. No ex post facto law shall be passed.
2. No bill of attainder shall be passed.
3. No law impairing the obligation of contracts shall be
passed.
4. No law granting title of royalty or nobility shall be passed.
5. No law shall be passed increasing the appellate jurisdiction
of the Supreme Court as provided for in this constitution
without its advice and concurrence.
6. No law granting any tax exemption shall be passed without
the concurrence of a majority of all the members of the
congress.
Constitutional restrictions
1. No money shall be paid out of the treasury except in
pursuance of an appropriation made by law.
2. No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly for the use,
benefit, or support of any sect, church, denomination,
sectarian institution, or system of religion, or of any priest,
preacher, minister or other religious teacher or dignitary as
such except, when such persons is assigned to the armed
forces, or to any penal institution, or government orphanage
or leprosarium.- Public funds or property should not be used
for sectarian purposes as and a way of respect to the
principle of separation of church and state.
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3. All money collected on any tax levied for a special purpose
shall be treated as a special fund and paid out of for such
purpose only. If the purpose for which a special fund was
created has been fulfilled or abandoned, the balance, if any
shall be transferred to the general funds of the government.
4. The rule of taxation shall be uniform and equitable.
Congress shall evolve a progressive system of taxation.
5. All appropriation, revenue or tariff bills, bills authorizing
increase of public debt bills shall originate exclusively in the
House of Representatives, but the senate may propose or
concur with amendments- because members of the lower
house have a closer and more direct access to their
constituents and are expected to be more familiar with the
needs of the whole country and their constituents in
particular.
6. The congress may not increase the appropriations
recommended by the president for the operation of the
government as specified in the budget. The form, content,
and manner of preparation of the budget shall be prescribed
by law.- To avoid undue influence of congress over the
president. Congress may reduce the appropriations
recommended by the president, there being no prohibition
against the same.
7. No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision or
enactment shall be limited in its operation to the
appropriation to which it relates.- To see to it that a non-
appropriation item is not inserted in an appropriation
measure. Inhibition against riders.
8. The procedure in approving appropriations for the
congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.- To
prevent appropriations the purpose of which is to allot a
budget which is intended to benefit the legislators. To hide
this to the public, the legislators agree among themselves
that the same shall no longer be scrutinized and subjected to
public hearings, this kind of appropriation is known as
APPROPRIATION SUB ROSA.
9. A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or
to be raised by a corresponding revenue proposal therein.-
To see to it that an appropriation measure is supported by
existing and adequate funds
10. 2/3 votes of both houses in joint session is needed to
declare the existence of state of war.
11. Congress may by law, authorize the president to fix and
impose tariff rules etc.
12. Charitable institutions shall be exempt from taxation.
13. Tax exemption needs concurrence of a majority of the
members of congress.
14. No law shall be passed authorizing any transfer of
appropriations, however, the president of the senate, the
speaker of the house of representatives, the chief justice of
the supreme court, and the heads of constitutional
commissions may, by law, be authorized to augment any
item in the general appropriations law for their respective
offices from savings in other items of their respective
appropriations- This prohibits transfer of funds from one
department from another department, oftentimes, transfer
of funds is being made for a variety of political motives.
Appropriation measure- Is a statute the primary and specific
purpose of which is to authorize the release of public funds
from the treasury. It may be general or special.
General appropriation law- Is for the purpose of providing
financial operations of the entire government during the
fiscal period.
Specific appropriation law- IS for a specific purpose.
Rider- Is a completely unrelated provision include in the
general appropriations bill. Hence, every bill passed by the
congress shall embrace only one subject which will be
expressed in the title thereof.
Use of public property for religious purposes is not
prohibited in the following:
1. When the religious character of such use is merely
incidental to a temporary use which is available
indiscriminately to the public in general.
2. Ecclesiastics may be paid public funds if they serve the
government in a non-ecclesiastical capacity.
Rule of taxation shall be uniform and equitable
Uniformity- Means that the persons or things belonging to
the same valid classification shall be taxed the same rate.
Equitable- Means that taxes should be appropriated among
the people according to their capacity to pay.
Authorizing the president to fix and impose tariff rates,
import and export quotas, tonnage, and wharfage dues and
other duties and imposts within the framework of national
development program of the government- This is one of the
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legislative powers which may be validly delegated by
congress to the president to give the latter the authority and
opportunity to act promptly on the economic problems
confronting the country instead of being subject to delay
caused by the usual debates and other congressional
proceedings.
Tax Exemption
1. Charitable institutions
2. Religious institutions
3. Educational institutions
Law granting tax exemption needs concurrence of the
absolute majority of all members of congress- Because this
means less revenue which the government should have
earned were it not for the tax exemptions.
Procedural limitations to the general legislative powers
1. Every bill passed by congress shall embrace only one
subject which shall be expressed in the title thereof.
2. No bill passed by either house shall become a law unless it
has passed 3 readings on separate days, and printed copies
thereof in its final form have been distributed to its members
3 days before its passage, except when the president certifies
to the necessity of its immediate enactment to meet a public
calamity or emergency.
4. Upon the last reading of the bill, no amendment thereto
shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the
journal.
5. The president shall have the power to veto any particular
item or items in an appropriation, revenue, tariff bill but the
veto shall not affect the item or items to which he does not
object.
Alvarez vs Guingona- So long as the action taken by the
senate as a body is withheld pending receipt of the house bill,
in other words, the substitute bill in the senate may be filed
in anticipation of its receipt of the bill from the house as long
as the senate does not act thereon until it receives the house
bill.
SECTION 20. The records and books of accounts of the
Congress shall be preserved and be open to the public in
accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an
itemized list of amounts paid to and expenses incurred for
each Member.
SECTION 21. The Senate or the House of Representatives or
any of its respective committees may conduct inquiries in
aid of legislation in accordance with its duly published rules
of procedure. The rights of persons appearing in or affected
by such inquiries shall be respected.
Purpose of legislative investigation- A legislative body cannot
effectively perform legislative work if it does not know the
matters which are the subject of legislation.
Scope of the power of the legislative investigation
1. The power to conduct inquiry in aid of legislation in
accordance with its duly published rules of procedure.
2. The power to issue summons and notices in connection
with matters subject of its legislative inquiry.
3. The power to punish or declare a person in contempt
during or in the course of legislative investigation.
4. The power to determine its rules of proceedings.
Bengson Jr. vs Sanate Blue Ribbon Committee- A senate
committee cannot inquire or conduct its own investigation on
an issue or a case which is already in court. To do so will
cause the possibility of conflicting judgments between a
legislative committee and a judicial tribunal.
Standard Chartered Bank vs Senate Blue Ribbon Committee
on Bank Financial Institutions and Currencies- Mere filing of
a criminal or administrative complaint before a court or
quasi-judicial body should not automatically bar the conduct
of legislative investigation. Because the convenient ploy of
instituting a criminal or administrative complaint will be easily
subverted by any intended inquiry by congress. And the
exercise of sovereign legislative authority of which the power
of legislative inquiry is an essential component, cannot be
made subordinate to a criminal or an administrative
investigation.
Arnold vs Nazareno- Failure or refusal of an invited witness
to attend a legislative investigation may be punished as
legislative contempt, and the punishment that may be meted
out includes imprisonment. The offender could be imprisoned
indefinitely by the senate, the latter being a continuing body,
provided that the punishment did not become so long as to
violate process.
Questions being raised in a legislative investigation do not
necessarily have to be relevant to any pending legislation,
provided only that they are relevant to the subject matter of
the investigation being conducted.
Lopez vs Delos Reyes- The punishment could last only for the
duration of the session when the contempt was committed.
Senate as a continuing body- As an institution, it is a
continuing body for it is not dissolved as an entity with each
national election or change in the corporation of its
members.
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The senate of each congress acts separately and
independently of the senate of the congress before it. It is for
this reason that all pending matters and proceedings are
considered terminated upon the expiration of congress and it
is merely optional on the senate of the succeeding congress
to take up such unfinished matters, not in the same status,
but as if presented for the first time.
Neri vs Committee on Accountability- If the senate is a
continuing body even with respect to the conduct of its
business, then pending matters will not be deemed to be
terminated with the expiration of the congress but will, as a
matter of course, continue to the next congress with the
same status.
Rules of the Senate- They shall be valid from their date of
adoption until they are amended or repealed. The senate of
the next congress may easily adopt different rules for its
legislative inquiries. It is incumbent upon the senate to
publish the rules for its legislative inquiries in each congress
or otherwise make the prohibited rules clearly state that the
same shall be effective in subsequent congress or until they
are amended or repealed to sufficiently put public on notice.
Senate vs Ermita- Only the president can claim executive
privilege. If they desire to claim this privilege, congress has a
right to know why the executive considers the requested
information privileged. It is not sufficient to merely declare
that the president, or an authorized head of office, has
determined that it is so. It must be clearly stated.
SECTION 22. The heads of departments may upon their own
initiative, with the consent of the President, or upon the
request of either House, as the rules of each House shall
provide, appear before and be heard by such House on any
matter pertaining to their departments. Written questions
shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days
before their scheduled appearance. Interpellations shall not
be limited to written questions, but may cover matters
related thereto. When the security of the State or the public
interest so requires and the President so states in writing,
the appearance shall be conducted in executive session.
Cabinet secretaries may appear and be heard before either
house of congress
1. Upon their own initiative
2. With the consent of the president.
3. Request of either house as they rules may provide.
4. Written questions shall be submitted to the president of
the senate or the speaker of the house of representatives at
least 3 days before their scheduled appearance.
Difference between legislative investigation or inquiry in aid
of legislation and power to conduct question hour
Right to conduct inquiry in aid of legislation
1. Under this section, congress has the power to conduct
inquiries in aid of legislation the aim of which is to elicit
information that may be used for legislation
2. Attendance is compulsory
3. Congress can compel the attendance of executive officials.
Power of congress to conduct question hour
1. The objective of which is to obtain information in pursuit of
congress oversight functions.
2. Attendance is discretionary, the president’s consent
required before his subordinates appear in congress.
3. Congress cannot compel the appearance of the executive
officials if the required consent of the president is not
obtained first or consent is not given.
Executive Privilege- The right of the president and high-level
officials of the executive branch to withhold information from
congress, the courts, and the public. The validity of executive
privilege depends on the ground invoked to justify it and the
context in which it is made.
The executive privilege being claimed must be clearly
asserted.
Congress may respect the said refusal if there is a valid claim
of privilege through a certification of the president or by the
executive secretary upon the authority or order of the
president.
Types of Information which may be considered privileged
1. Matters of diplomatic character and under negotiations
and review- Information on inter-government exchanges
prior to the conclusion of treaties and executive agreements
may be subject to reasonable safeguards for the sake of
national interest.
2. Privilege accorded to presidential communications- This
privilege is not absolute. The executive cannot, any more
than the other branches of the government, invoke a general
confidentiality privilege to shield its officials and employees
from investigations by the proper governmental institutions
into possible criminal wrongdoing.
3. Deliberative process privilege which is recognized in the
United States- Deliberative process covers documents
reflecting advisory opinions, recommendation, deliberations
comprising part of a process by which governmental decisions
and policies are formulated. The objective of the privilege is
merely to enhance the quality of agency decisions.
4. Informer’s privilege- The privilege of the government not
to disclose the identity of a person or persons who furnish
information of violations of law.
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Who can avail executive privilege
1. The president
2. Executive secretary- if authorized by the president to
invoke on his behalf.
3. Cabinet members- Only upon consent and certification
from the president through the executive secretary.
Operational Proximity Test-
Gen. Francisco Gudani et al vs Lt. Gen. Generoso Senga- The
president as commander-in-chief of the AFP has the right to
require military personnel to obtain prior consent before
testifying on a legislative inquiry. If the president is not so
inclined, the he may be commanded by judicial order to
compel the attendance of the military officer.
SECTION 23. (1) The Congress, by a vote of two-thirds of
both Houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a state
of war.
(2) In times of war or other national emergency, the
Congress may, by law, authorize the President, for a limited
period and subject to such restrictions as it may prescribe,
to exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon
the next adjournment thereof.
Power to declare existence of state of war- Only the
congress has the sole power to declare the existence of a
state of war, not the power to declare war.
We renounce aggressive war but not defensive war.
SECTION 24. 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.
Appropriation Bill- It is a bill, the primary and specific
purpose of which is to authorize the release of funds from the
public treasury.
Revenue Bill- It is a bill that levies taxes and raises funds for
the government.
Tariff Bill- It is a bill that specifies the rates or duties to be
imposed on imported articles.
Bill increasing public debt- Authorizes increase of the public
debt.
Private Bill-A bill which benefit only a private individual like a
bill granting honorary citizenship to a foreigner for
meritorious or distinguished service which benefits our
country or our people.
Bill of local application- A bill of local application like the
creation of a new town, city, or province.
Ex post facto law- A law which punishes an act which at the
time of its commission was not punishable.
6 Kinds of ex post facto law:
1. Every law that makes a criminal action done before the
passage of the law and which was innocent when done, and
punishes such an action.
2. Every law that aggravates a crime or makes it greater thatn
when it is committed.
3. Every law that changes punishment, and inflicts greater
punishment than the law annexed to the crime when
committed.
4. Every law that alters the legal rules of evidence, and
receives less or different testimony than the law required at
the time of the commission in order to convict the offender.
5. Every law which assuming to regulate civil rights and
remedies only, in effect imposes a penalty or the deprivation
of a right for something which, when done, was lawful.
6. Every law which deprives persons accused of crime of some
lawful protection of a former conviction or acquittal or of a
proclamation of amnesty.
Bill of attainder- A bill or a law that inflicts punishment
without trial.
Laws impairing the obligation of contracts- They are laws
which renders inoperative or illegal a contract which was
valid and existing before their enactment.
Procedure in the approval of bills
1. First reading- Only the number and title of the bill is read.
Thereafter, the speaker or the senate president, as the case
may be, refers it to the proper committee for study.
The following may happen after the bill is referred
to the proper committee
1. It may be inacted upon or killed in the committee
2. It may be approved by the committee without any
amendment.
3. It may be amended and approved later
4. The committee may conduct public hearings and
consider favourably the comments and suggestions
during the public hearings.
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2. Second Reading- When the bill is reported out by the
committee it shall be calendared for a second reading. It is at
this stage when the bill is read in its entirety. Thereafter, the
bill is subject to debate, amendment, and scrutiny by the
members of either house. This is the most important stage in
the passage of the bill.
3. Third reading- The bill is approved on second reading is
printed in its final form. Copies thereof are distributed at
least 3 days before the third reading. During the third
reading, the members merely register their votes, or they
may explain their votes, if this is allowed by the rules. No
further debate is allowed.
4. If the bill passed the third reading- It is sent to the other
chamber. There will also be three readings in the other
chamber. If it is approved by the upper it will be submitted to
the president for his consideration and approval.
5. The bill is finally approved by congress- The bill is enrolled
when it is finally approved by congress. Thereafter, it will be
authenticated with the signature of the senate president or
the speaker and the secretary, and approved by the
president.
Procedure in approval and disapproval of bills
1. Approved- The president shall sign it. This means that the
president is in conformity with the purposes for which the bill
was enacted.
2. Disapproved- He shall veto it and return the same with his
objections to the house where it originated, which he shall
enter the objections at large on its journal and proceed to
reconsider it.
Veto message- Upon receipt of the veto message of the
president, there are two possibilities that may happen
1. The house where the bill originated may take into
account the objections made by the president and
make corresponding amendments to accommodate
the requests or wishes of the president. When this
happens, the bill as amended, will again be
presented to the president for approval.
2. 2/3 of all members of each house may invalidate
the veto and convert the bill into a law over the
objection of the president.
General Rule: The president must either approve or
disapprove the bill in its entirety.
Exception: In the case of appropriation, revenue, tariff bills.
The veto of any particular item or items in these bills shall not
affect the item or items to which the president does not
object.
Period to communicate the veto by the president- The
president shall communicate his veto of any bill to the house
where it originated within 30 days after the date of the
receipt thereof, otherwise, it shall become a law as if he had
signed it.
SECTION 25. (1) The Congress may not increase the
appropriations recommended by the President for the
operation of the Government as specified in the budget. The
form, content, and manner of preparation of the budget
shall be prescribed by law.
(2) No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision or
enactment shall be limited in its operation to the
appropriation to which it relates.
(3) The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or
to be raised by a corresponding revenue proposed therein.
(5) No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of the
Senate, the Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to
augment any item in the general appropriations law for
their respective offices from savings in other items of their
respective appropriations.
(6) Discretionary funds appropriated for particular officials
shall be disbursed only for public purposes to be supported
by appropriate vouchers and subject to such guidelines as
may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing
fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in
force and effect until the general appropriations bill is
passed by the Congress.
SECTION 26. (1) Every bill passed by the Congress shall
embrace only one subject which shall be expressed in the
title thereof.
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(2) No bill passed by either House shall become a law unless
it has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its
Members three days before its passage, except when the
President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. Upon
the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.
Reason for this mandatory requirement
1. To prevent hodge podge or log-rolling lesgislation
2. To prevent surprise or fraud upon the legislature by means
of provisions in bills of which the titles give no information
and which might be overlooked and carelessly and
unintentionally adopted.
3. To inform the people regarding the subjects of legislation
that are being considered.
Sumulong v COMELEC- It should be liberally interpreted,
hence the rule is sufficiently complied with if the title
expresses the general subject and all the provisions of the
statute are germane to that general subject.
SECTION 27. (1) Every bill passed by the Congress shall,
before it becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he shall veto
it and return the same with his objections to the House
where it originated, which shall enter the objections at large
in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such
House shall agree to pass the bill, it shall be sent, together
with the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds of
all the Members of that House, it shall become a law. In all
such cases, the votes of each House shall be determined by
yeas or nays, and the names of the Members voting for or
against shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it
originated within thirty days after the date of receipt
thereof; otherwise, it shall become a law as if he had signed
it.
(2) The President shall have the power to veto any particular
item or items in an appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items to which he does
not object.
When does a bill becomes a law
1. When, after the same is presented to the president, the
latter signs it
2. When the president vetoes the said bill but the said veto is
overridden by 2/3 vote of all members of each house.
3. When the president does not act upon the bill within 30
days after it is presented to it.
SECTION 28. (1) The rule of taxation shall be uniform and
equitable. The Congress shall evolve a progressive system of
taxation.
(2) The Congress may, by law, authorize the President to fix
within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development
program of the Government.
(3) Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and improvements,
actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from
taxation.
(4) No law granting any tax exemption shall be passed
without the concurrence of a majority of all the Members of
the Congress.
Limitations on the power to tax
1. Constitutional limitations
2. Inherent limitations
Constitutional limitations
1. Due process clause and equal protection clause of the
constitution
2. The rule on taxation shall be uniform and equitable.
3. No person shall be imprisoned for non-payment of poll
tax.
4. Tariff bills must originate exclusively from the house of
representatives.
5. It must respect persons and properties constitutionally
exempted from taxation.
6. Non-impairment of contracts.
7. Legislative exemption from taxation must be with the
concurrence of the majority of members of congress.
Inherent Limitations
1. It must be for a public purpose
2. It must be exercised by the legislature.
3. Applicable only within the territorial jurisdiction of the
taxing state.
4. International law on comity.
Progressive system of taxation- When the rate increases as
the tax base increases. Power to tax as an instrument for a
more equal distribution of wealth.
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Requirements for exemption of charitable institutions,
churches, parsonages, convents, etc and all lands, buildings,
improvements from taxation:
1. They should be actually, directly, and exclusively used for
religious, charitable, or educational purposes, and this must
be proven.
Tax exempt institutions under the constitution
1. Charitable institutions
2. Religious institutions
3. Educational institutions
SECTION 29. (1) No money shall be paid out of the Treasury
except in pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the
use, benefit, or support of any sect, church, denomination,
sectarian institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as
such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid out for
such purpose only. If the purpose for which a special fund
was created has been fulfilled or abandoned, the balance, if
any, shall be transferred to the general funds of the
Government.
Constitutional restrictions to ensure that public funds are
spent properly
1. No money shall be paid out of the treasury except in
pursuance of an appropriation made by law.
2. Public money shall not be appropriated, applied, paid, or
employed directly or indirectly for the use, benefit, or support
of any sect, church, denomination, sectarian institution, or
system of religion, priest, preacher, minister, or dignitary.
Except, when such priest, preacher, or minister or dignitary is
assigned to the armed forces or to any penal institution or
government orphanage or leprosarium.
SECTION 30. No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.
SECTION 31. No law granting a title of royalty or nobility
shall be enacted.
A law granting title of royalty or nobility runs contrary to the
nature and character of a republican government, particularly
to the declaration of principle stated in section 1 Art II which
provides that the Philippines is a democratic and republican
state.
SECTION 32. The Congress shall, as early as possible, provide
for a system of initiative and referendum, and the
exceptions therefrom, whereby the people can directly
propose and enact laws or approve or reject any act or law
or part thereof passed by the Congress or local legislative
body after the registration of a petition therefor signed by
at least ten per centum of the total number of registered
voters, of which every legislative district must be
represented by at least three per centum of the registered
voters thereof.
Public works act of 1922- Earliest form of congressional pork
barrel in the Philippines.
Pork Barrel- refers to an appropriation of government
spending meant for localized projects and secured solely or
primarily to bring money to a representative’s district. Or
referred to as a legislative control of local appropriation.
Pork barrel in the Philippines- Commonly referred to as lump
sum, discretionary funds of members of the legislature.
Pork barrel system is unconstitutional
1. It violates the principle of separation of powers insofar as it
has conferred unto legislators the power of appropriation by
giving them personal, discretionary funds from which they
are able to fund specific projects which they themselves
determine.
2. It violates the principle of non-delegability of legislative
power
a. Insofar as it has created a system od budgeting
wherein items are not textualized into the
appropriations bill, it has flouted the prescribed
procedure of presentment and in the process denied
the president to veto items.
b. Insofar as it has diluted the effectiveness of
congressional oversight by giving legislators a stake
in the affairs of the budget execution, an aspect of
governance which they may be called to monitor and
scrutinize, the system has equally impaired public
accountability,
c. Insofar as it has authorized legislators who are
national officers to intervene in the affairs of purely
local nature, despite the existence of capable local
institutions, it has likewise subverted genuine local
autonomy.
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Article VII: Executive Department
SECTION 1. The executive power shall be vested in the
President of the Philippines.
Chief Executive- The president is the executive of the
Government of the Philippines and the heads of the different
executive departments who are popularly known and called
as cabinet members, are , in effect merely his advisers, hence,
they are subject to his control and supervision.
Residual powers- The president has residual power to protect
the general welfare of the people. It is founded on the duty of
the president as steward of the people. Hence, the powers of
the president is not limited to those expressly enumerated
under the constitution.
It is the power borne by the president’s duty to preserve and
defend the constitution. It may be viewed as a power implicit
in the president’s duty to take care that the laws are faithfully
executed. (Marcos vs Manglapus)
Executive Power of the president- It is the power to enforce
and administer the laws of the land. The president shall
ensure that the laws are faithfully executed.
The president has a duty to execute the law regardless of his
doubts on its validity. Until and unless the law is declared
unconstitutional, it is not unlawful for the president to
perform his duty of ensuring that laws are faithfully executed.
Alfredo Romualdez vs Sandiganbayan- Executive immunity is
applied only during the incumbency of the president. It
cannot be used to shield a non-sitting president from
prosecution for alleged acts while sitting in office. This will
hold true in case of a person who is acting pursuant to the
president’s orders. He cannot claim immunity since he
derives his immunity from one who is no longer sitting as
president.
SECTION 2. No person may be elected President unless he is
a natural-born citizen of the Philippines, a registered voter,
able to read and write, at least forty years of age on the day
of the election, and a resident of the Philippines for at least
ten years immediately preceding such election.
SECTION 3. There shall be a Vice-President who shall have
the same qualifications and term of office and be elected
with and in the same manner as the President. He may be
removed from office in the same manner as the President.
The Vice-President may be appointed as a Member of the
Cabinet. Such appointment requires no confirmation.
SECTION 4. The President and the Vice-President shall be
elected by direct vote of the people for a term of six years
which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of
the same date six years thereafter. The President shall not
be eligible for any reelection. No person who has succeeded
as President and has served as such for more than four years
shall be qualified for election to the same office at any time.
No Vice-President shall serve for more than two consecutive
terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the
continuity of the service for the full term for which he was
elected.
Unless otherwise provided by law, the regular election for
President and Vice-President shall be held on the second
Monday of May.
The returns of every election for President and Vice-
President, duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress,
directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not
later than thirty days after the day of the election, open all
certificates in the presence of the Senate and the House of
Representatives in joint public session, and the Congress,
upon determination of the authenticity and due execution
thereof in the manner provided by law, canvass the votes.
The person having the highest number of votes shall be
proclaimed elected, but in case two or more shall have an
equal and highest number of votes, one of them shall
forthwith be chosen by the vote of a majority of all the
Members of both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of
the certificates.
The Supreme Court, sitting en banc, shall be the sole judge
of all contests relating to the election, returns, and
qualifications of the President or Vice- President, and may
promulgate its rules for the purpose.
Qualifications of a President and Vice President
1. Natural-born citizen of the Philippines.
2. Registered voter.
3. Able to read and write.
4. Must be 40 years of age on the day of the election.
5. Must be a resident of the Philippines for at least 10 years
immediately preceding the election.
Term of office- 6 years and shall begin at noon of the 30th day
of June following the day of the election and shall end at
noon of the same date 6 years thereafter.
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Voluntary renunciation of the office- For any length of time
shall not be considered as an interruption in the continuity of
the service for the full term for which he was elected.
No person who has succeeded as president and has served
as such for more than 4 years shall be qualified for election
to the same office at any time-A vice president who succeeds
to the presidency cannot run for president at the end of the
term to which he succeeded as president.
Procedures to be conducted in the canvass of election
returns and the proclamation of the President and Vice-
President
1. Transmission of returns- The returns of every election for
president and vice-president shall be duly certified by the
board of canvassers of each province or city.
2. Transmission of certified returns to congress- The certified
returns shall be transmitted to congress, directed to the
president of the senate.
3. Opening of certificates of canvass- Upon receipt of the
certificates of canvass, the president of the senate shall, not
later than 30 days after the day of the election, open all the
certificates in the presence of the senate and the house of
representatives in joint public session.
4. Canvass of the votes by congress- Upon determination of
the authenticity and due execution of the certificates of
canvass, congress shall canvass the votes.
5. Proclamation- The person having the highest number of
votes shall be proclaimed elected.
6. In case of tie- In case of two or more shall have an equal
and highest number of votes, one of them shall forthwith be
chosen by a vote of a majority of all members of congress.
7. Promulgation of rules for canvassing of certificates- The
congress shall promulgate its rules for the canvassing of the
certificates.
8. Sole judge of all contests- The Supreme Court sitting en
banc, shall be the sole judge of all contests relating to the:
a. Election
b. Returns
c. Qualifications of the president or vice president.
Makalintal v Presidential Electoral Tribunal- The
establishment of the PET simply constitutionalized what was
statutory before the 1987 constitution. The SC functioning as
PET are constitutional bodies independent of the three
departments of the government but not separate therefrom.
The PET is not simply a agency to which members of the court
were designated. The PET as intended by the framers of the
constitution is to be an institution independent but not
separate from the judicial department.
SECTION 5. Before they enter on the execution of their
office, the President, the Vice-President, or the Acting
President shall take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will faithfully and
conscientiously fulfill my duties as President (or Vice-
President or Acting President) of the Philippines, preserve
and defend its Constitution, execute its laws, do justice to
every man, and consecrate myself to the service of the
Nation. So help me God.” (In case of affirmation, last
sentence will be omitted.)
Other powers of the President- There may also be implied or
inferred from those expressly granted to the president or in
the exercise of his control of all executive departments,
bureaus, and offices, or in the pursuit of his task of ensuring
that laws be faithfully executed or in his capacity as
commander in chief of all armed forces of the Philippines.
Purpose of section 5 requiring the president and vice
president or acting president to take an oath or affirmation
1. That the said public official have a solemn oath- that they
will faithfully and conscientiously fulfil their duties.
2. That they preserve the constitution of the Philippines.
3. That they will do justice to every man.
4. That they will execute the laws of the Philippines.
5. That they consecrate themselves to the service of the
nation.
6. That besides the solemn oath they take, they formally
invoke and ask the help of God, in the course of and in the
fulfilment of their duties.
SECTION 6. The President shall have an official residence.
The salaries of the President and Vice-President shall be
determined by law and shall not be decreased during their
tenure. No increase in said compensation shall take effect
until after the expiration of the term of the incumbent
during which such increase was approved. They shall not
receive during their tenure any other emolument from the
Government or any other source.
Salary of the President and Vice President
1. President- 300,000 annual salary until the congress
provides otherwise. That shall not be decreased or increased
during his tenure.
2. No emolument during his tenure from the government or
any other source.
SECTION 7. The President-elect and the Vice-President-elect
shall assume office at the beginning of their terms.
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If the President-elect fails to qualify, the Vice-President-
elect shall act as President until the President-elect shall
have qualified.
If a President shall not have been chosen, the Vice-
President-elect shall act as President until a President shall
have been chosen and qualified.
If at the beginning of the term of the President, the
President-elect shall have died or shall have become
permanently disabled, the Vice-President-elect shall become
President.
Where no President and Vice-President shall have been
chosen or shall have qualified, or where both shall have died
or become permanently disabled, the President of the
Senate or, in case of his inability, the Speaker of the House
of Representatives shall act as President until a President or
a Vice-President shall have been chosen and qualified.
The Congress shall, by law, provide for the manner in which
one who is to act as President shall be selected until a
President or a Vice-President shall have qualified, in case of
death, permanent disability, or inability of the officials
mentioned in the next preceding paragraph.
SECTION 8. In case of death, permanent disability, removal
from office, or resignation of the President, the Vice-
President shall become the President to serve the unexpired
term. In case of death, permanent disability, removal from
office, or resignation of both the President and Vice-
President, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, shall
then act as President until the President or Vice-President
shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as
President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until the
President or the Vice-President shall have been elected and
qualified, and be subject to the same restrictions of powers
and disqualifications as the Acting President.
SECTION 9. Whenever there is a vacancy in the Office of the
Vice-President during the term for which he was elected, the
President shall nominate a Vice-President from among the
Members of the Senate and the House of Representatives
who shall assume office upon confirmation by a majority
vote of all the Members of both Houses of the Congress,
voting separately.
SECTION 10. The Congress shall, at ten o’clock in the
morning of the third day after the vacancy in the offices of
the President and Vice-President occurs, convene in
accordance with its rules without need of a call and within
seven days enact a law calling for a special election to elect
a President and a Vice-President to be held not earlier than
forty-five days nor later than sixty days from the time of
such call. The bill calling such special election shall be
deemed certified under paragraph 2, Section 26, Article VI of
this Constitution and shall become law upon its approval on
third reading by the Congress. Appropriations for the special
election shall be charged against any current appropriations
and shall be exempt from the requirements of paragraph 4,
Section 25, Article VI of this Constitution. The convening of
the Congress cannot be suspended nor the special election
postponed. No special election shall be called if the vacancy
occurs within eighteen months before the date of the next
presidential election.
SECTION 11. Whenever the President transmits to the
President of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary,
such powers and duties shall be discharged by the Vice-
President as Acting President.
Whenever a majority of all the Members of the Cabinet
transmit to the President of the Senate and to the Speaker
of the House of Representatives their written declaration
that the President is unable to discharge the powers and
duties of his office, the Vice-President shall immediately
assume the powers and duties of the office as Acting
President.
Thereafter, when the President transmits to the President of
the Senate and to the Speaker of the House of
Representatives his written declaration that no inability
exists, he shall reassume the powers and duties of his office.
Meanwhile, should a majority of all the Members of the
Cabinet transmit within five days to the President of the
Senate and to the Speaker of the House of Representatives
their written declaration that the President is unable to
discharge the powers and duties of his office, the Congress
shall decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours, in
accordance with its rules and without need of call.
If the Congress, within ten days after receipt of the last
written declaration, or, if not in session, within twelve days
after it is required to assemble, determines by a two-thirds
vote of both Houses, voting separately, that the President is
unable to discharge the powers and duties of his office, the
Vice-President shall act as the President; otherwise, the
President shall continue exercising the powers and duties of
his office.
SECTION 12. In case of serious illness of the President, the
public shall be informed of the state of his health. The
Members of the Cabinet in charge of national security and
foreign relations and the Chief of Staff of the Armed Forces
Page | 57
of the Philippines, shall not be denied access to the
President during such illness.
Rules when there is a vacancy before the beginning of the
term of the president.
1. In case of death or permanent disability of the president-
elect- The vice president-elect shall become the president.
2. In case of failure to elect the president- The vice president
shall act as president until the president shall have been
chosen and qualified.
3. In case no President or Vice President shall have been
chosen and qualified or were both shall have died or
become permanently disabled-
The Senate president or in case of his inability the Speaker of
the house of representatives shall act as president until a
president or vice-president shall have been chosen or
qualified.
Congress shall by law provide for the manner in which one
who is to act as president shall be selected until a president
or vice-president shall have been qualified, in case of death,
permanent disability or inability of the officials mentioned.
Rules if vacancy occurs during the incumbency of the
president
1. In case of death, permanent disability, removal from office,
resignation by the president- The Vice President shall become
the President to serve the unexpired term.
2. In case of death, permanent disability, removal from office,
resignation by the president and vice-president- The Senate
President or in case of his inability, the Speaker of the House
of Representatives shall act as president until the president or
vice-president shall have been elected or qualified.
Rules and procedure if a vacancy occurs in the offices of the
President and Vice President
1. At 10:00 AM of the 3rd day after said vacancy occurs-
Congress shall convene in accordance with its rules without
the need of a call.
2. Within 7 days- Congress shall enact a law calling for a
special election to elect a president and an vice president.
3. Said special election shall be held- Not earlier than 45 days
nor later than 60 days from the time of such call.
4. The bill calling such special election- Shall be deemed
certified under par 2, Sec 26, Art VI of this constitution and
shall become law upon its approval on the 3rd reading by
congress.
5. Appropriations for said special election- Shall be charged
against any current appropriations and shall be exempt from
the requirements of paragraph 4 sec 25, Art VI of the
constitution.
6. The convening of congress and the special election-
Cannot be suspended or postponed.
7. No special election shall be called- If the vacancy occurs
within 18 months before the date of the next presidential
elections.
Instances when there is presidential inability to discharge
powers and duties of his office
1. When the president transmits to the senate president and
to the speaker of the house of representatives his written
declaration that he is unable to discharge the powers and
duties of his office- The powers and duties of his office shall
be discharged by the Vice President as Acting President.
2. When a majority of all the members of the Cabinet
transmit to the senate president and to the speaker of the
house their written declaration that the president is unable
to discharge the powers and duties of his office- The vice
president shall immediately assume the powers and duties of
the office as acting president.
3. President re-assumes the powers and duties of his office-
He transmits to the senate president and speaker of the
house his written declaration that no inability exists.
Cabinet members refutes the written declaration of the
president that no disability exists- Majority of all the
members of the cabinet should transmit within 5 days to the
senate president and speaker of the house their written
declaration that the president is unable to discharge the
powers and duties of his office. When this happens, the
disability of the president becomes an issue- Congress shall
decide such issue.
Issue of disability of the president procedure
1. If congress is not in session, it shall convene within 48
hours in accordance with its rules and without the need of a
call
2. Within 10 days from the receipt of the last declaration, or
within 12 days, if not in session, it shall be determined by 2/3
vote of both houses, voting separately that the president is
unable to discharge his powers and duties of his office.
3. If this disability is so declared, the vice president shall act
as president, otherwise, the president shall continue
exercising the powers and duties of his office.
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Serious illness of the president- The public shall be informed
of the state of his health. The members of the cabinet in
charge of the national security and foreign relations and the
chief of the armed forces shall not be denied access to the
president during such illness.
SECTION 13. The President, Vice-President, the Members of
the Cabinet, and their deputies or assistants shall not, unless
otherwise provided in this Constitution, hold any other
office or employment during their tenure. They shall not,
during said tenure, directly or indirectly, practice any other
profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or
special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest in
the conduct of their office.
Inhibitions of the President, Vice President, Members of the
Cabinet, their deputies and assistants.
1. He shall not hold any other office during his tenure.
2. He shall not during his tenure directly or indirectly practice
any other profession, participate in any business, or be
financially interested in any contract with or in any franchise
or special privilege granted by the government or any
subdivision, agency, or instrumentality thereof, including
GOCCs or their subsidiaries.
3. He shall avoid conflict of interest in the conduct of his
office.
4. 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 the Ombudsman, or as secretaries,
undersecretaries, chairmen or heads of bureaus or offices,
including GOCCs and their subsidiaries.
President’s immunity from suit- The president enjoys
immunity from suit during his tenure. After the tenure of the
president, immunity for non-official acts is lost. The rule is
that unlawful acts of public officials are not acts of the state
and the officer who acts illegally is not acting as such but
stands in the same footing as any other trespasser.
Soliven vs Judge Makasiar- The privilege from immunity from
suit pertains only to the president by virtue of his office,
hence, it may be invoked only by himself and not by any
other person in her behalf.
SECTION 14. Appointments extended by an Acting President
shall remain effective, unless revoked by the elected
President within ninety days from his assumption or
reassumption of office.
SECTION 15. 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,
except temporary appointments to executive positions
when continued vacancies therein will prejudice public
service or endanger public safety.
Restraint to a president or acting president in extending
appointments- 2 months immediately before the next
presidential elections and up to the end of his term, a
president or acting president shall not make appointments,
except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or
endanger public safety. Hence, only temporary appointments
can be extended and only to executive positions when
continued vacancies therein will prejudice public service or
endanger public safety.
Section 14 Art VII In relation to the following provisions.
SECTION 4. (1) The Supreme Court shall be composed of a
Chief Justice and fourteen Associate Justices. It may sit en
banc or in its discretion, in divisions of three, five, or seven
Members. Any vacancy shall be filled within ninety days from
the occurrence thereof.
SECTION 9. The Members of the Supreme Court and judges of
lower courts shall be appointed by the President from a list of
at least three nominees prepared by the Judicial and Bar
Council for every vacancy. Such appointments need no
confirmation.
Midnight appointments- Does not extend to appointments in
the judiciary. The prohibition is only confined in the executive
department.
Succeeding president cannot revoke appointments to the
judiciary made by an acting president- Sec 14 refers only to
appointments in the executive department. It has no
application in the judiciary because temporary or acting
appointments can only undermine the judiciary die to their
being revocable at will. Prior to their mandatory retirement
or resignation, judges of the first or second level courts and
the justices of third level courts may only be removed for a
cause, but the members of the Supreme Court may be
removed only by impeachment.
SECTION 16. The President shall nominate and, with the
consent of the Commission on Appointments, appoint the
heads of the executive departments, ambassadors, other
public ministers and consuls, or officers of the armed forces
from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution.
Page | 59
He shall also appoint all other officers of the Government
whose appointments are not otherwise provided for by law,
and those whom he may be authorized by law to appoint.
The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts,
or in the heads of departments, agencies, commissions, or
boards.
The President shall have the power to make appointments
during the recess of the Congress, whether voluntary or
compulsory, but such appointments shall be effective only
until after disapproval by the Commission on Appointments
or until the next adjournment of the Congress.
The scope of the President’s appointing power
1. Heads of executive department-subject to confirmation by
CA
2. Ambassadors or other public ministers and consuls- subject
to confirmation by CA
3. Officers of the Armed Forces from the rank of Colonel or
Naval Captain- subject to confirmation by CA
4. Other officers whose appointments are vested in him in
this constitution.
5. All other officers of the government whose appointments
are not provided for in law.
6. Anyone whom he can appoint by authority of law.
Nature of appointing power by the president- Executive in
nature.
Regular appointment- It is an appointment made by the
president while congress is in session. It takes effect only
after confirmation by the Commission on Appointments.
Once the same is approved, it continues until the end of the
term of the appointee.
Ad Interim appointment- It is an appointment made by the
president while congress in not in session. It takes effect
immediately but ceases to be valid if disapproved by the
Commission on Appointments or upon the next adjournment
of congress.
a. Purpose of Ad interim appointment- to prevent a
hiatus in the discharge of official duties.
b. It is permanent appointment
c. Effective immediately without need for
confirmation by the CA, but they are effective until
disapproved by the CA or until the next adjournment
of congress.
Ad interim vs Acting capacity
Acting capacity appointment
1. The said appointment is given to those which do not need
confirmation.
2. The appointment may be given even when congress ins in
session
Ad interim
1. This appointment refers only to positions which need
confirmation by the CA.
2. The appointment may be given only when congress is not
in session.
SECTION 17. The President shall have control of all the
executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed.
Extent of control power of the president- Only refers to the
power of the president to make an appointment but also the
power to remove whenever he deems it proper and
necessary. He suffers no legal constraint whatsoever in
exercising the said power of appointment and removal except
that constitutional officers can only be removed by
impeachment.
Doctrine of qualified political agency- Is a corollary rule to
the control powers of the president, under this doctrine,
which recognizes the establishment of a single executive, all
executive and administrative organizations are adjuncts of
the executive department, the heads of the various executive
departments are assistants and agents of the Chief Executive,
and except, in cases where the CE is required by the
constitution or by law to act in person on the exigencies of
the situation which demands that he acts personally, the
multifarious executive and administrative functions of the CE
are performed by and through the executive departments
and the acts of the secretaries of such departments,
performed and promulgated in the regular course of
business, are, unless disapproved or reprobated by the CE
presumptively the acts of the CE. (Carpio vs Executive
Secretary)
Power of control- Power of an officer to alter or modify or set
aside what his subordinate had done in the performance of
his duties and to substitute the judgment of the former for
that of the latter. Necessarily includes the power of
supervision.
Power of supervision- Is the power of a superior officer to
ensure that the laws are faithfully executed by inferiors.
SECTION 18. The President shall be the Commander-in-Chief
of all armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion.
In case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty days,
suspend the privilege of the writ of habeas corpus or place
the Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of martial
Page | 60
law or the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in
writing to the Congress. The Congress, voting jointly, by a
vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress
may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if
the invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension, convene
in accordance with its rules without any need of a call.
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 or the extension thereof, and
must promulgate its decision thereon within thirty days
from its filing.
A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts
or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians
where civil courts are able to function, nor automatically
suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only
to persons judicially charged for rebellion or offenses
inherent in or directly connected with the invasion.
During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially charged
within three days, otherwise he shall be released.
SECTION 19. Except in cases of impeachment, or as
otherwise provided in this Constitution, the President may
grant reprieves, commutations and pardons, and remit fines
and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the
Congress.
SECTION 20. The President may contract or guarantee
foreign loans on behalf of the Republic of the Philippines
with the prior concurrence of the Monetary Board, and
subject to such limitations as may be provided by law. The
Monetary Board shall, within thirty days from the end of
every quarter of the calendar year, submit to the Congress a
complete report of its decisions on applications for loans to
be contracted or guaranteed by the Government or
government-owned and controlled corporations which
would have the effect of increasing the foreign debt, and
containing other matters as may be provided by law.
SECTION 21. No treaty or international agreement shall be
valid and effective unless concurred in by at least two-thirds
of all the Members of the Senate.
SECTION 22. The President shall submit to the 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.
Section 18- Military powers of the president
Section 19- Executive clemency
Section 20- Refers to the power to enter into contracts or
guarantee foreign loans in behalf of the republic.
Section 21- Foreign relations
Section 22- Submission and recommendation of budget of
receipts and expenditures to congress.
Section 23- State of the Nation address.
Powers of the president
1. Executive power
2. Appointment power
3. Control power
4 Military power
5. Pardoning power
6. Borrowing power
7. Diplomatic power
8. Budgetary power
9. Informing power
10 Other powers
Designation- A person who is already in the public service is
given additional duties. These duties are usually imposed by
law.
Appointment- The person who shall exercise the function of a
given office is selected by the authority vested with the
power to make a selection.
Commission- Written evidence of the appointment.
Steps in the appointment process:
1. President makes the nomination.
2. The same is submitted to the CA for confirmation.
3. The appointee makes an acceptance of the appointment.
Power of appointment- essentially a discretionary power.
Limitations of power of appointment
1. The appointee should possess the minimum requirements
prescribed by law for the position.
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2. When an appointment is made by an acting president, the
same shall remain effective unless revoked by the elected
president within 90 days from his assumption of office.
3. 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 except temporary
appointments to executive positions when continued
vacancies therein will prejudice public service or endanger
public safety.
4. Congress may limit presidential power of appointment by
prescribing qualifications for public office.
5. The judiciary may annul an appointment made by the
president if the appointee is not qualified or has been validly
confirmed.
Power of removal- Implied from the power to appoint.
However, the president cannot remove officials appointed by
him where the constitution prescribes certain methods for
separation of such officers from public service.
Villaluz vs Zaldivar- The president can discipline members of
the career service of the civil service who are appointed by
him.
Classification of appointments
1. Permanent
2. Temporary
Permanent- A permanent appointment is extended to
persons who possess the required eligibility. As such, they
enjoy security of tenure.
Temporary- It is revocable at will and without the necessity of
just cause or valid investigation. As the term itself connotes,
the temporary appointee may be replaced at anytime a
permanent choice is made.
Effect of designation- Like a temporary appointment, is not
subject to confirmation by the CA. When a person is merely
designated, and not appointed, he shall hold office in a
temporary capacity and he may be removed at will by the
appointing power.
Control- It is the power of an officer to alter, modify, or nullify
or set aside what a subordinate officer had done in the
performance of his duties and to substitute the judgment of
the former for that of the latter.
Supervision- It is the power or authority of an officer to see
that subordinate officers perform their duties, and if the
latter fail or neglect to fulfil them, then the former may take
such an action or steps as prescribed by law.
Alter ego principle- The members of the cabinet of the
president are referred to as his alter egos for even if they are
the heads of the different departments of the government,
they are considered as the extension of the personality of the
president. For this reason, acts performed and promulgated
in the regular acts of business, are, unless disapproved or
reprobated by the Chief Executive, presumptively the acts of
the Chief Executive.
Decisions of Cabinet Members and other subordinate
executive officers- Subject to appeal to the President by way
of Exhaustion of administrative remedies except in the
instances when the Doctrine of Qualified Political Agency
applies.
Military Powers
1. He may call out such armed forces to prevent or supress
lawless violence, invasion, or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a
period not exceeding 60 days, suspend the privilege of the
writ of habeas corpus or place the Philippines or any part
thereof under martial law.
2. He may enforce discipline in the armed forces through
courts martial which may be created by the president under
and by virtue of his power as commander-in-chief of the
Armed Forces of the Philippines.
The president has no power to declare war or existence of
the state of war.
Suspension of the Writ of Habeas Corpus
1. In case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding 60 days,
suspend the privilege of the writ of habeas corpus.
Limitations to the military powers of the president
1. He may call out the armed forces to prevent or supress
lawless violence, invasion, or rebellion only.
2. The grounds for the suspension of the privilege of the writ
of habeas corpus and the proclamation of martial law are
now limited only to invasion or rebellion.
3. The duration of suspension should not exceed 60 days
following which it shall be lifted, unless extended by congress.
4. The congress, voting jointly, by a vote of at least a majority
of all its members in the regular or special session, may
revoke such proclamation or suspension, which revocation
shall not be set aside by the president.
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5. Congress may extend such proclamation or suspension for
a period to be determined by the congress, if the invasion or
rebellion shall persist and public safety requires it.
6. 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 writ of habeas corpus or the extension thereof, and must
promulgate its decision thereon within 30 days from filing.
7. The suspension of the privilege of the writ shall apply only
to persons judicially charged for rebellion or offenses
inherent or directly connected with the invasion.
8. A state of martial law does not suspend the operation of
the constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians
where the civil courts are able to function, nor automatically
suspend the privilege of the writ.
9. During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially charged
within 3 days otherwise he shall be released.
Conditions for congress to grant emergency powers to the
president (David vs Arroyo)
1. There must be a war or other emergency; economic,
natural disaster, national security.
2. Delegation must be for a limited period only.
3. The delegation must be subject to such restrictions as the
congress may prescribe
4. The emergency powers must be exercised to carry out a
national policy declared by congress.
Resolution despite mootness of the petition grounds (David
vs Arroyo)
1. When paramount public interest is involved.
2. When there is a grave violation of the constitution.
3. When there is a need to formulate principles for the
guidance of the bench, the bar, and the public.
4. When the decision is capable of repetition, yet evading
review.
Limitations to the power to suspend the privilege of Habeas
Corpus and to impose Martial Law
1. 60 day limit- The president may, for a period not exceeding
60 days, suspend the writ of habeas corpus or place the
Philippines or any part thereof under Martial Law.
2. President’s report in person or in writing to congress-
Within 48 hours from the proclamation of martial law or the
suspension of the writ of habeas corpus, the president shall
submit a report in person or in writing to congress.
3. Review and possible revocation by congress- The
congress, voting jointly, by a vote of at least a majority of all
its members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set
aside by the president.
4. Review and possible nullification by the Supreme Court-
The SC may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation
of martial law on the suspension of the privilege of the writ or
the extension thereof, and must promulgate its decision
within 30 days from its filing.
Pardoning power- It is an act of grace given by those who
have the power ad authority to execute laws which exempts
the individual subject of pardon from the punishment which
the law inflicts for a crime he has committed.
Executive Clemency- It is an executive function and not a
function of the judiciary. It is also a non-delegable power and
it can only be exercised by the president personally.
Reprieve- The execution of the sentence is stayed or
postponed.
Parole- The person subject of the parole is released from
imprisonment but his liberty is not fully restored because the
parolee is still considered in the custody of the law although
he is not in confinement.
Amnesty- It is an act of grace given with the concurrence of
congress. It is usually extended to groups of persons who
committed political offenses and it abolishes the offense
itself.
Commutation- The penalty is mitigated or reduced.
Difference between pardon and amnesty
Pardon
1. Granted by the Chief Executive and therefore it is a private
act which must be pleaded and proved by the person
pardoned because the courts take no notice thereof.
2. It is granted to one after his conviction by final judgment.
3. Pardon looks forward and relieves the offender from the
consequences of an offense of which he has been convicted.
It abolishes or forgives the punishment and for that reason it
does not work the restoration of the rights to hold public
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office, or the right to suffrage unless such rights be expressly
restored by the terms of the pardon, and it in no case
exempts the culprit from the payment of the civil indemnity
imposed upon him by the sentence.
Amnesty
1. It is a proclamation of the Chief Executive with the
concurrence of congress. Hence, it is a public act which the
court shall take judicial notice.
2. Amnesty is granted to classes of persons or communities
who may be guilty of political offenses, generally before or
after the institution of the criminal prosecution and
sometimes after conviction.
3. Amnesty looks backward and abolishes and puts into
oblivion the offense itself, it so overlooks and obliterates the
offense with which he is charged that the person released by
amnesty stands before the law precisely as though he had
committed.
2 Kinds of Pardon
1. Absolute
2. Conditional
A pardon whether absolute or conditional, is in the nature of
a deed for the validity of which delivery is an indispensable
requisite. Until accepted, all benefits to the grantee may be
cancelled. But once accepted by the grantee, the pardon
already delivered cannot be revoked by the authority which
granted it.
Absolute pardon- Is complied with even without acceptance
of the person pardoned.
Conditional pardon- Has no force until it is accepted by the
one condemned.
Limitations on the pardoning power
1. It cannot be granted in cases of impeachment.
2. It cannot be granted in cases of violation of election laws
without the favourable recommendation of the COMELEC.
3. It can be granted only after conviction by final judgment.
a. People vs Salle- The court declared that the 1987
Constitution prohibits the grant of pardon whether
full or conditional, to an accused during the
pendency of his appeal from the judgment of
conviction by the trial court. Any application for
pardon should not be acted upon, or the process
toward is grant should not be begun, unless the
appeal is withdrawn.
4. It cannot be granted in cases of legislative contempt, or
civil contempt as it violates the separation of powers.
5. It cannot absolve the convict of the civil liability.
6. It cannot restore public offices forfeited.
*Other criminal offenses if any which are separate and
distinct from political offenses and not absorbed in the
rebellion, are not included in amnesty
Borrowing power- The president may contract or guarantee
foreign loans on behalf of the republic with the prior
concurrence of the monetary board, and subject to such
limitations as may be provided by law. The monetary board
shall submit to congress a report on loans within 30 days
from the end of every quarter.
Sps Renato Constantino et al vs Hon. Jose B. Cusia et al.
1. The constitution allows the president to contract and
guarantee foreign loans. It makes no prohibition on the
issuance of certain kinds of loans or distinctions as to which
kind of debt instrument are more onerous than the other.
2. The only restriction that the constitution provides aside
from the prior concurrence of the monetary board, is that the
loans must be subject to the limitations provided by law.
3. Sec 1 of RA 245- It empowers the secretary of finance with
the approval of the president and after consultation with the
monetary board, to borrow from time to time on the credit of
the Republic of the Philippines such sum or sums as in his
judgment may be necessary, and to issue therefore evidences
of indebtedness of the Philippine Government. Ineluctably
then, while the president wields the borrowing power it is the
Sec. of Finance who normally carries out its thrusts.
Diplomatic Power
Treaty- It is concluded by the president with the advice and
consent of the senate. No treaty or international agreement
shall be valid and effective unless concurred in by at least 2/3
of all the members of the senate.
Executive agreement- Is concluded by the president based on
authority granted by congress or based on the inherent
authority granted the president by the constitution.
Budgetary power- The president shall submit to congress
within 30 days from the opening of every regular session, as
the basis of the general appropriations act, a budget of
expenditures and sources of financing, including receipts
from existing and proposed revenue measures.
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Informing power- The president shall address the congress at
the opening of its regular session. He may also appear before
it any time.
Other powers of the president
1. Approve or veto bills.
2. Emergency powers
3. Tariff power.
4. General supervision over local governments and
autonomous regional governments.
5. May give his consent to deputized government personnel
by the Commission on elections and to discipline its deputies.
6. Call congress to a special session.
Article VIII: Judicial Deparment
SECTION 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or
not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
Lower Courts – Section 2 Judicial Reorganization Act of 1980
1. Court of Appeals- Presiding Justice and 50 Associate
Justices, 17 Divisions each composed of 3 members.
2. Regional Trial Court- 20 Judicial Regions
3. Metropolitan Trial Court- Established in each Metropolitan
area.
4. Municipal Circuit Trial Courts- Established in each circuit
composing such cities and/or municipalities as are grouped
together pursuant to law.
Courts not mentioned in the Judiciary Reorganization Act of
1980 but they are considered part of the judicial department
1. Sandiganbayan- Created by PD 1606 as amended.
Exclusive original jurisdiction
1. Violations of the Anti- graft and corrupt practices
act and Chapter II, Sec 2, Title VII, Revised Penal
Code.
2. Other offenses or felonies committed by public
officers and employees in relation to their office,
including those employed in GOCCs whether simple
or complexed with other crimes, where the penalty
prescribed by law is higher than prision correctional
or imprisonment for 6 years or a fine of 6000;
Provided, however, that offenses or felonies
mentioned in this paragraph where the penalty
prescribed by law does not exceed prision
correctional or imprisonment of 6 years or a fine of
6000 shall be tried by the proper Regional Trial Court
and Municipal Circuit Trial Court.
Appellate jurisdiction
1. On appeal, from the final judgment, resolutions or
orders of the RTC in cases originally decided by them
in their respective territorial jurisdiction.
2. By petition for review, from the final judgments,
resolutions, or orders of the RTC in the exercise of
their appellate jurisdiction over cases originally
decided by the MeTC, MTC, or MCTC in their
respective jurisdiction.
2. Court of Tax Appeals- Created by RA 1225.
Exclusive original jurisdiction to review on appeal
the following:
1. Decisions of the Commissioner of Internal
Revenue in
a. Cases involving disputed assessments,
refunds of internal revenue taxes, or other
charges, penalties imposed in relation
thereto.
b. Other matters arising under the NIRC or
other law or part of law administered by the
BIR.
2. Decisions of the Commissioner of Customs in
a. Cases involving liability for customs
duties, fees, or other money charges,
seizure, detention or release of property
affected, fines, forfeitures, or other
penalties imposed in relation thereto.
b. Other matters arising under the Customs
Law or other laws administered by the
Bureau of Customs
3. Decisions of Provincial or City Boards of
Assessment Appeals
a. Cases involving the assessment and
taxation of real property.
b. Other matters arising under the
Assessment Law now the Local Government
Code, including rules and regulations
relative thereto.
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3. Sharia District Courts- Vreated by PD 1083 or the Code of
Muslim Personal Laws of the Philippines.
Exclusive original jurisdiction
1. All cases involving custody, guardianship,
legitimacy, paternity, and filiation arising
under the code.
2. All cases involving the disposition,
distribution, and settlement of the estate of
deceased muslim, probate of wills, issuance
of letters administration or appointment of
administrators or executors regardless of
the nature or the aggregate value of the
property.
3. Petitions for declaration of absence and
death for cancellation or correction of
entries in the Muslim registries mentioned
in Title VI of Book 2 of the code.
4. All actions arising from customary
contracts in which the parties are muslims,
if they have not specified which law shall
gover their relations.
5. All petitions for mandamus, prohibition,
injunction, certiorari, habeas corpus, and
other auxiliary writs and processes in aid of
its appellate jurisdiction.
Original Jurisdiction
1. Petition by muslims or the constitution of
a family home, change of name and
commitment of an insane person to any
asylum.
2. All other personal and real actions not
mentioned in paragraph 1 (d) wherein the
parties involve are muslims except those for
forcible entry and unlawful detainer, which
shall fall under the exclusive original
jurisdiction of the MCTC and
3. All special civil actions for interpleader or
declaratory relief wherein the parties are
muslims or the property involved belongs
exclusively to muslims.
4. Sharia Circuit Courts- Created by PD 1083
Exclusive Jurisdiction
1. Offenses defined and punished under the
code.
2. All civil actions and proceedings between
parties who are muslims or have been
married in accordance with art 13 involving
disputes relating to
a. marriage
b. Divorce recognized under this code
c. Betrothal or breach of contract to marry
d. Disposition and distribution of property
upon divorce
e. Maintenance and support, and
consolatory gifts
f. Restitution of marital rights
g. All cases involving disputes relative to
communal properties.
Traditional concept of judicial power- Refers only to the
authority to settle justiciable controversies or disputes
involving rights that are enforceable and demandable before
the court of justice or the redress of wrongs for the violation
of such rights.
New definition of judicial power (expanded jurisdiction and
authority) - The traditional concept of judicial power, ad
above- mentioned, including now the duty of the courts to
determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on any
part of any branch or instrumentality of the government,
constitutes the totality of the judicial power which is now
vested by our constitution in one Supreme Court and in such
lower courts as may be established by law.
To determine whether or not grave abuse of discretion
amounting to lack or excess of jurisdiction was committed
goes beyond the mere legality of a questioned act, or
transaction, whether it is committed or entered into by the
highest official of the land or any other official or branch of
the government.
New Concept of judicial power
1. The abuse of discretion, as alleged, must be grave which
amounts to lack or excess of jurisdiction.
2. The alleged grave abuse of discretion will have yet to be
determined by the courts of justice particularly the SC.
3. That if indeed it is true that there exists a grave abuse of
discretion amounting to lack or excess of jurisdiction, our
courts of justice, particularly the SC, can check even congress
and the president or even constitutional bodies because they
fall within the phrase “branch or instrumentality of the
government”.
When there is grave abuse of discretion- There is grave
abuse of discretion where the power is exercises in an
arbitrary or despotic manner by reason of passion, prejudice,
or personal hostility amounting to an evasion of positive duty
or to a virtual refusal to perform the duty enjoined or not to
act at all in contemplation of law.
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Constitutional safeguards that guarantee the independence
of the judiciary
1. Members of the judiciary have security of tenure.
2. Members of the SC can only be removed by impeachment.
3. The SC is a constitutional body, hence it may not be
abolished by the legislature.
4. The SC has administrative supervision over all other courts.
5. The SC has exclusive power to discipline judges/ justices of
inferior courts.
6. The SC may not be deprived of the minimum original and
appellate jurisdiction. Appellate jurisdiction may not be
increased without its advice and concurrence.
7. The members of the judiciary may not be designated to any
agency performing quasi-judicial or administrative functions.
8. The judiciary enjoys fiscal autonomy.
9. The SC alone may initiate rules of court.
10. The SC alone may order temporary detail of judges.
11. The SC can appoint all officials and employees of the
judiciary.
12. Salaries of judges may not be reduced.
Principle of Judicial Hierarchy of Courts- In the observance of
this principle, petitions for the issuance of extraordinary writs
against first level courts should be filed with the RTC and
those against the latter, the CA. A direct invocation of the
SC’s original jurisdiction to issue these writs should be
allowed only when there are special and important reasons
therefore, clearly and specifically set out in the petition.
Doctrine of Judicial Stability- No court can interfere by
injunction with the judgment or orders of another court of
concurrent jurisdiction having the power to grant the relief
sought by the injunction.
Agan Jr et al vs PIATCO- There is fundamental difference
between a case in court and an investigation of a
congressional committee. The purpose of a judicial
proceeding is to settle the dispute in controversy by
adjudicating on the legal rights and obligations of the parties
to the case. On the other hand, a congressional investigation
is conducted in aid of legislation. Its aim is to assist and
recommend to the legislature a possible action that the body
may take with regard to a particular issue, specifically as to
whether or not to enact a new law or amend an existing one.
The court cannot treat the findings in a congressional
committee report as binding because the facts elicited in
congressional hearings are not subject to the rigors of the
Rules of Court on admissibility of evidence. The court in
assuming jurisdiction over the petitions at bar simply
performed its constitutional duty as the arbiter of legal
disputes properly brought before it, especially I this instance
when public interest requires nothing less.
SECTION 2. The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of 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.
Limitations on the congress’ power to create courts
1. This power may not deprive the SC of its jurisdiction over
cases enumerated in sec 5.
2. No law shall be passed reorganizing the judiciary when it
undermines the security of tenure of its members.
SECTION 3. The Judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be reduced by the
legislature below the amount appropriated for the previous
year and, after approval, shall be automatically and
regularly released.
Congress cannot reduce the appropriations for the judiciary
below the amount appropriated for the previous year and
after approval, the amount appropriated shall automatically
and regularly released.
Judicial privilege- Certain information contained in the record
of a case before the court are considered confidential and are
exempt from disclosure
Inter-departmental courtesy- Holds that each branch of the
government is considered separate, co-equal, coordinate and
supreme within its own sphere under the legal and political
reality of one overarching constitution that governs one
government and one nation for whose benefit all the 3
separate branches must act with unity.
SECTION 4. (1) The Supreme Court shall be composed of a
Chief Justice and fourteen Associate Justices. It may sit en
banc or in its discretion, in divisions of three, five, or seven
Members. Any vacancy shall be filled within ninety days
from the occurrence thereof.
(2) All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall be
heard by the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be heard en
banc, including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
(3) Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in
the case and voted thereon, and in no case, without the
concurrence of at least three of such Members. When the
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required number is not obtained, the case shall be decided
en banc: Provided, that no doctrine or principle of law laid
down by the court in a decision rendered en banc or in
division may be modified or reversed except by the court
sitting en banc.
Cases that should be heard by the SC en banc
A. Constitutionality of the ff:
1. Treaty
2. International agreement
3. Executive agreement
3. Law
B. All other cases which under the Rules of Court are
required to be heard en banc
C. All cases involving the constitutionality, application, or
operation of
1. Presidential Decrees
2. Proclamations
3. Orders
4. Instructions
5. Ordinances
6. And other regulations
Supreme Court En Banc- Cases are decided by the
concurrence of a majority of the members who actually took
part in the deliberations on the issues in the case and voted
thereon.
7- Is the majority of 12-
Matters heard by a division- Shall be decided or resolved
with the concurrence of a majority of the members who
actually took part in the deliberations on the issues in the
case and voted thereon, and in no case, without the
concurrence of at least 3 of such members.
When the required number is not obtained, the case shall be
decided en banc. Provided, that no doctrine or principle of
law laid down by the court in a decision rendered en banc or
in division may be modified or reversed except by the court
sitting en banc.
SECTION 5. The Supreme Court shall have the following
powers:
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of 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,
assessment, or toll, or any penalty imposed in relation
thereto.
(c) All cases in which the jurisdiction of any lower court is in
issue.
(d) All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
(e) All cases in which only an error or question of law is
involved.
(3) Assign temporarily judges of lower courts to other
stations as public interest may require. Such temporary
assignment shall not exceed six months without the consent
of the judge concerned.
(4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law,
the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
SECTION 6. The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
Powers of the Supreme Court
1. Jurisdiction- Section 5 (1) and (2)
2. Auxiliary administrative powers Section 5 (3) (4) (5) (6)
Section 6.
Jurisdiction
Original jurisdiction
1. Sec 5 (1)
a. Cases affecting ambassadors, other public
ministers and consuls
b. Petitions for certiorari, prohibition, mandamus,
quo warranto, habeas corpus
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Appellate Jurisdiction
1. Sec 5 (2)
a. Constitutionality or validity of a treaty,
international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation.
b. Legality of any tax, impost, assessment, or toll or
any penalty imposed in relation thereto
c. All cases in which the jurisdiction of any lower
court is in issue.
d. All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
Auxiliary Administrative Powers
1. Sec 5 (3)- Assign temporarily judges of the lower courts to
other stations as public interest may require. Such temporary
assignment shall not exceed 6 months without the consent of
the judge concerned.
2. Sec 5 (4)- Order a change of venue or ploace of trial to
avoid a miscarriage of justice
3. Sec 5 (5)- Promulgate rules concerning the
1. Protection and enforcement of constitutional
rights
2. Pleading
3. Admission to the practice of law
4. Practice and procedure in all courts
5. Integrated bar
6. legal assistance to the underprivileged
7. Simplified and inexpensive procedure for the
speedy disposition of cases
8. Rules of procedure of special courts and quasi-
judicial bodies.
4. Sec 5 (6)- Appoint all officials and employees of the
judiciary in accordance with the Civil Service Law.
5. Sec 6- The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
Increase/ decrease of jurisdiction- Congress may not
diminish the jurisdiction granted by the constitution to the
SC, but it may diminish the jurisdiction granted by a statute.
Power of judicial review/ Judicial Supremacy- It is the
assertion of the solemn and sacred obligation assigned to the
judiciary by the constitution to determine conflicting claims of
authority under the constitution and to establish for the
parties in an actual controversy the right which that
instrument secures and guarantees the,
Requisites of judicial review or inquiry
1. There must be an actual case or controversy.
2. The question of constitutionality must be raised by the
proper party.
3. The constitutional question must be raised at the earliest
possible opportunity.
4. The decision of the constitutional question must be
necessary to the determination of the case itself.
Actual case or controversy- Real and substantial controversy,
and not merely a dispute of a hypothetical character, which is
cognizable by a court of justice and which it can decide on the
basis of an existing law and jurisprudence.
The conflict must be one that has assumed the propositions
of a full scale controversy between the parties who have
contrasting assertions, and on account of which, they pray for
relief or reliefs contrary to the relief of the other, leaving the
court no other alternative than to decide on the merits of the
case on the basis of what it finds proper and just according to
law and jurisprudence. This is different from an advisory
opinion where the relief being asked is merely that of asking
an opinion, suggestion, or comment, instead of a decision
which determines the conflicting claims of the parties.
Proper parties- Is one who has sustained or is in immediate
danger of sustaining an injury as a result of the act as
complained of. Until and unless such actual or potential injury
is established, the complainant cannot have the legal
personality to raise the constitutional question.
People vs Vera
General rule: The question of constitutionality must be raised
at the earliest possible opportunity, so that if not raised by
the pleadings, ordinarily it may not be raised at trial and if not
raised in the trial court, it will not be considered on appeal.
Exception:
1. In criminal and civil cases, the constitutional question can
be raised at any time in the discretion of the court, or if it is
necessary to the determination of the case itself.
2. Question for lack of jurisdiction may be raised at anytime
even on appeal. Except: Principle of estoppel
Cases of legal standing
1. Taxpayers- illegal disbursement of funds.
2. Intergenerational responsibility- right to a balanced and
healthful ecology.
3. Concerned citizens- issues of transcendental importance.
Section 1. Petition for certiorari. — When any
tribunal, board or officer exercising judicial or quasi-judicial
functions has acted without or in excess its or his jurisdiction,
or with grave abuse of discretion amounting to lack or excess
of jurisdiction, and there is no appeal, or any plain, speedy,
and adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the proper
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court, alleging the facts with certainty and praying that
judgment be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and granting
such incidental reliefs as law and justice may require.
The petition shall be accompanied by a certified true copy of
the judgment, order or resolution subject thereof, copies of
all pleadings and documents relevant and pertinent thereto,
and a sworn certification of non-forum shopping as provided
in the third paragraph of section 3, Rule 46. (1a)
Section 2. Petition for prohibition. — When the
proceedings of any tribunal, corporation, board, officer or
person, whether exercising judicial, quasi-judicial or
ministerial functions, are without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to
lack or excess of jurisdiction, and there is no appeal or any
other plain, speedy, and adequate remedy in the ordinary
course of law, a person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with certainty
and praying that judgment be rendered commanding the
respondent to desist from further proceedings in the action
or matter specified therein, or otherwise granting such
incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a certified true
copy of the judgment, order or resolution subject thereof,
copies of all pleadings and documents relevant and pertinent
thereto, and a sworn certification of non-forum shopping as
provided in the third paragraph of section 3, Rule 46. (2a)
Section 3. Petition for mandamus. — When any
tribunal, corporation, board, officer or person unlawfully
neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust, or station, or
unlawfully excludes another from the use and enjoyment of a
right or office to which such other is entitled, and there is no
other plain, speedy and adequate remedy in the ordinary
course of law, the person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered
commanding the respondent, immediately or at some other
time to be specified by the court, to do the act required to be
done to protect the rights of the petitioner, and to pay the
damages sustained by the petitioner by reason of the
wrongful acts of the respondent.
The petition shall also contain a sworn certification of non-
forum shopping as provided in the third paragraph of section
3, Rule 46. (3a)
Habeas Corpus Rule 102- This is a writ directed to a person
detaining another and commanding him to produce the body
of the prisoner at a certain time and place and to state the
cause of his action detention. Habeas corpus is a remedy to
relieve persons from unlawful restraint.
Limitations of the power to promulgate rules concerning
pleading, practice, and procedure and admission to the
practice of law
1. Shall provide a simplified and inexpensive procedure for
the speedy disposition of cases.
2. Shall be uniform for all courts of the same grade.
3. They shall not diminish, increase, or modify substantive
rights.
Effects of a statute which is declared unconstitutional
1. Orthodox view- Under this view, an unconstitutional act,
whether legislative or executive, is not a law, confer no rights,
imposes no duties and affords no protection.
2. Second view- The SC simply ignores statutes deemed
unconstitutional. It does not strike the statute from the
books, it does not repeal, supersede, revoke, or annul the
statute.
Requisites for declaration of partial unconstitutionality
1. That the legislature is willing to retain the valid portion
even if the rest is declared illegal (with separability clause).
2. The valid portions can stand independently as a separate
statute.
Writ of Amparo- It is a remedy available to any prson whose
right to life, liberty and security has been violated or is
threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity.
It holds public authorities, those who took their oath to
defend the constitution and enforce our laws, to a higher
standard of official conduct and hold them accountable to our
people.
Constitutional basis of the writ- Sec 5 (5) Art VIII of the
constitution- Powers to promulgate rules concerning the
protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts.
It is broad enough to protect individuals not only against
actual violations but also against threats of violation of rights
And it covers not only unlawful acts or omissions of public
officials or employees but also that of private individuals or
entities.
Writ of Habeas Data- It is a remedy available to any person
whose right to privacy in life, liberty, or security is violated or
threatened by an unlawful act or omission of a public official
or employee, or of a private individual or entity engaged in
the gathering, collecting, or storing of data or information
regarding the person, family, home, and correspondence of
the aggrieved party.
This compels the government and military officials to allow
families of victims of enforced disappearances access to
official documents by invoking the right of truth. The said writ
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has been used in solving the problem of extralegal killings and
enforced disappearances in Latin American countries under
military dictatorship.
Enforced disappearance of persons- Means the arrest,
detention, or abduction of persons by, or with the
authorization, support, or acquiescence of a state or a
political organization, followed by a refusal to acknowledge
that deprivation of freedom or to give information on the
fate or whereabouts of those persons, with the intention of
removing them from the protection of the law for a
prolonged period of time.
Hearings in chambers- Where the respondent invokes the
defense that the release of the data or information in
question shall compromise national security or state secrets
or when the data or information cannot be divulged to the
public due to its nature or privileged character.
Writ of kalikasan- It is a legal remedy under Philippine law
which provides for the protection of one’s right to a balanced
and healthful ecology in accord with the rhythm and harmony
of nature as provided in section 16 Art II of the Philippine
Constitution.
SECTION 7. (1) No person shall be appointed Member of the
Supreme Court or any lower collegiate court unless he is a
natural-born citizen of the Philippines. A Member of the
Supreme Court must be at least forty years of age, and must
have been for fifteen years or more a judge of a lower court
or engaged in the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges
of lower courts, but no person may be appointed judge
thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven
competence, integrity, probity, and independence.
Qualifications of a Supreme Court Justice
1. Natural born citizen of the Philippines
2. At least 40 yrs of age.
3. Have been for 15 years or more a judge of a lower court or
engages in the practice of law in the Philippines.
4. Person of proven competence, integrity, probity, and
independence.
Qualifications of judges of lower courts
1. Citizen of the Philippines.
2. Members of the Philippine bar.
3. They must possess the qualifications prescribed by
congress.
4. They must be persons of proven competence, integrity,
probity, and independence.
SECTION 8. (1) A Judicial and Bar Council is hereby created
under the supervision of the Supreme Court composed of
the Chief Justice as ex officio Chairman, the Secretary of
Justice, and a representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme Court,
and a representative of the private sector.
(2) The regular Members of the Council shall be appointed
by the President for a term of four years with the consent of
the Commission on Appointments. Of the Members first
appointed, the representative of the Integrated Bar shall
serve for four years, the professor of law for three years, the
retired Justice for two years, and the representative of the
private sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretary ex
officio of the Council and shall keep a record of its
proceedings.
(4) The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court.
The Supreme Court shall provide in its annual budget the
appropriations for the Council.
(5) The Council shall have the principal function of
recommending appointees to the Judiciary. It may exercise
such other functions and duties as the Supreme Court may
assign to it.
Principal function of the Judicial and Bar Council- It shall
have the principal function of recommending appointees to
the judiciary. It may exercise such other functions and duties
as the SC may assign to it.
Composition of the JBC
1. Chief Justice- Ex-officio chairman
2. Secretary of Justice- Ex-officio member
3. Representative of Congress- Ex-officio member
4. Representative of the Integrated Bar
5. Law professor
6. Retired member of the Supreme Court
7. Representative of the Private sector.
8. Clerk of SC- Secretary Ex -officio
Regular members- Appointed by the President with the
consent of the CA.
Rotational schemes observed in the appointment of the
members of the council
1. Of the member first appointed, the representative of the
IBP shall serve 4 years.
2. Professor- 3 years
3. Retired justice- 2 years
4. Representative of the private sector- 1 year
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The JBC is intended to minimize, if not, remove the exercise
of political influence in the appointment of justices and
judges. In reality, however, the influence of politicians is still
being felt especially in the appointment of justices and judges
of courts.
The president has the discretion to appoint justices of the SC.
The only consolation is that the appointees are known to be
and recognized as brilliant lawyers and academicians in their
respective fields of expertise. Besides, they are known as
lawyers of proven competence, integrity, probity, and
independence.
Composition of the Supreme Court
1. Chief Justice
2. 14 associate justices
The number of the members of the SC and of the divisions is
fixed by the constitution and may not be changed by statute.
SECTION 9. The Members of the Supreme Court and judges
of lower courts shall be appointed by the President from a
list of at least three nominees prepared by the Judicial and
Bar Council for every vacancy. Such appointments need no
confirmation.
For the lower courts, the President shall issue the
appointments within ninety days from the submission of the
list.
Difference as to the period when the president shall fill up a
vacancy in the SC or lower court- In the SC, any vacancy shall
be filed within ninety days from the occurrence thereof. For
the lower courts, the president shall issue the appointment
within 90 days from the submission of the list.
SECTION 10. The salary of the Chief Justice and of the
Associate Justices of the Supreme Court, and of judges of
lower courts shall be fixed by law. During their continuance
in office, their salary shall not be decreased.
Perfecto vs Meer and Endencia vs David- Imposition of
income tax on the salaries of judges was declared
unconstitutional on the ground that to do so would result in
the reduction of the compensation.
Nitafan vs CIR- It was held that the salaries may be subject to
income tax.
SECTION 11. The Members of the Supreme Court and judges
of lower courts shall hold office during good behavior until
they reached the age of seventy years or become
incapacitated to discharge the duties of their office. The
Supreme Court en banc shall have the power to discipline
judges of lower courts, or order their dismissal by a vote of a
majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
Abolition of statutory courts by congress- Statutory courts
may be abolished by congress as long as the abolition is done
in good faith.
Removal of judges of inferior courts- Removable by the SC en
banc.
SECTION 12. The Members of the Supreme Court and of
other courts established by law shall not be designated to
any agency performing quasi-judicial or administrative
functions.
SECTION 13. The conclusions of the Supreme Court in any
case submitted to it for decision en banc or in division shall
be reached in consultation before the case is assigned to a
Member for the writing of the opinion of the Court. A
certification to this effect signed by the Chief Justice shall be
issued and a copy thereof attached to the record of the case
and served upon the parties. Any Member who took no
part, or dissented, or abstained from a decision or
resolution must state the reason therefor. The same
requirements shall be observed by all lower collegiate
courts.
3 Requirements for the procedure and the mechanics in the
issuance of decisions of the SC and all over collegiate courts
1. The conclusions of the SC in any case submitted to it for
decision en banc or in division shall be reached in
consultation before the case is assigned to a member for the
writing of the opinion of the court.
2. Once decision is reached, a certification to this effect
signed by the Chief Justice shall be issued and a copy thereof
attached to the record of the case and served upon the
parties.
3. Any member who took no part, dissented, or abstained
from a decision or resolution must state the reason therefor.
Consing vs Court of Appeals- It was held that the absence of
said certification does not invalidate the decision. Indeed, it
may be possible that the decision had not been reached in
consultation before it was assigned to a member for the
writing of the opinion of the court but there was no
certification at the end of the decision.
SECTION 14. No decision shall be rendered by any court
without expressing therein clearly and distinctly the facts
and the law on which it is based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or denied
without stating the legal basis therefor.
A decision which does not state clearly and distinctly the facts
and the law on which it is based, deprives not only the parties
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but also the practitioners, professors, and students as to the
factual and legal considerations that guided the court in
reaching the decision.
Court decisions, particularly the decisions of the SC, are
discussed , scrutinized, and cited by lawyers and non-lawyers
from time to time and in the years to come.
The requirement that a court decision should state clearly
and distinctly the facts and the law on which it is cited does
not apply to the following:
1. Court orders which resolve incidental matters only.
2. Minute resolutions in the ff cases
a. Cases which are patently without merit, where the
issues are factual in nature, where the decision
appealed from is supported by substantial evidence
and is in accord with the facts of the case and
applicable laws.
b. In cases where it is clear from the records that the
petitions were filed merely to forestall the early
execution of judgment and for non-compliance with
the rules.
3. In administrative cases where the issues raised therin have
been previously duly considered and passed upon.
SECTION 15. (1) All cases or matters filed after the effectivity
of this Constitution must be decided or resolved within
twenty-four months from date of submission for the
Supreme Court, and, unless reduced by the Supreme Court,
twelve months for all lower collegiate courts, and three
months for all other lower courts.
(2) A case or matter shall be deemed submitted for decision
or resolution upon the filing of the last pending, brief, or
memorandum required by the Rules of Court or by the court
itself.
(3) Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice or the
presiding judge shall forthwith be issued and a copy thereof
attached to the record of the case or matter, and served
upon the parties. The certification shall state why a decision
or resolution has not been rendered or issued within said
period.
(4) Despite the expiration of the applicable mandatory
period, the court, without prejudice to such responsibility as
may have been incurred in consequence thereof, shall
decide or resolve the case or matter submitted thereto for
determination, without further delay.
Period cases must be decided
1. Supreme court- Within 24 months from the date of
submission which means upon the filing of the last pleading,
brief, or memorandum required by the rules of court or the
court itself.
2. Lower Collegiate courts- Within 12 months unless reduced
by the Supreme Court counted from the date of submission
which means upon the filing of the last pleading, brief,
memorandum required by the rules of court or by the court
itself.
3. Lower Courts- Within 3 months unless reduced by the
Supreme Court counted from the date of submission which
means upon the filing of the last pleading, brief,
memorandum required by the rules of court or by the court
itself.
Section 15 par 4 makes no distinction as to whether or not it
applies both to the SC or to the lower courts. It makes the
period mandatory for the “court”.
SECTION 16. The Supreme Court shall, within thirty days
from the opening of each regular session of the Congress,
submit to the President and the Congress an annual report
on the operations and activities of the Judiciary.
This provision is not intended to place the SC under the
control of the president and congress but merely to give the
government, particularly the executive department and
congress, the opportunity to know how they can help
improve the judicial system.
Article IX: Constitutional Commissions
SECTION 1. The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.
SECTION 2. No Member of a Constitutional Commission
shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any
profession or in the active management or control of any
business which in any way be affected by the functions of
his office, nor shall he be financially interested, directly or
indirectly, in any contract with, or in any franchise or
privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
SECTION 3. The salary of the Chairman and the
Commissioners shall be fixed by law and shall not be
decreased during their tenure.
SECTION 4. The Constitutional Commissions shall appoint
their officials and employees in accordance with law.
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SECTION 5. The Commission shall enjoy fiscal autonomy.
Their approved annual appropriations shall be automatically
and regularly released.
SECTION 6. Each Commission en banc may promulgate its
own rules concerning pleadings and practice before it or
before any of its offices. Such rules however shall not
diminish, increase, or modify substantive rights.
SECTION 7. Each Commission shall decide by a majority vote
of all its Members any case or matter brought before it
within sixty days from the date of its submission for decision
or resolution. A case or matter is deemed submitted for
decision or resolution upon the filing of the last pleading,
brief, or memorandum required by the rules of the
Commission or by the Commission itself. Unless otherwise
provided by this Constitution or by law, any decision, order,
or ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within
thirty days from receipt of a copy thereof.
SECTION 8. Each Commission shall perform such other
functions as may be provided by law.
Salary
1. Chairman- 204,000 annually
2. Members- 180,000
3. Said salaries may not be increased during their continuance
in office.
Term of office- All the members of the Constitutional
Commission are appointed by the president with the consent
of the Commission on Appointments for a term of 7 years
without re-appointment. However, they will not vacate their
offices at the same time because of the constitutional
provision on staggering their terms.
Of the commissioners first appointed, the chairman shall have
a term of 7 years, another 5 years and the third of 3 years.
Prohibitions during tenure
1. Shall not hold any other office or employment
2. Shall not engage in the practice of any profession or in
active management or control of any business which in any
way may be affected by the functions of his office.
3. He shall not be financially interested directly or indirectly in
any contract with, or in any franchise or privilege granted by
the government.
Mechanics of staggering the terms- every 2 years, the term
of one commissioner expires leaving behind two
inexperienced commissioners. If a vacancy occurs, the
commissioner so appointed to fill up the vacancy shall serve
only for the unexpired term of the predecessor.
Brillantes vs Yorac- The Chairman and the Commissioners of
the COMELEC must be extended permanent appointments by
the president but such appointments shall have the consent
of the Commission on Appointments. The president has no
power to designate a temporary chairman. This prerogative
may be exercised by the members of the COMELEC for they
may, by a majority vote, designate one of them as temporary
chairman pending the appointment of a permanent chairman
by the president.
Period to decide a case or matter by each commission-
Within 60 days from the date of its submission for decision or
resolution.
SC- No power to disapprove the internal rules of the
commission. However, they can be subject of judicial review if
the said rules diminish, increase, or modify substantive rights.
The Civil Service Commission
SECTION 1. (1) The Civil Service shall be administered by the
Civil Service Commission composed of a Chairman and two
Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least
thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any
elective position in the elections immediately preceding
their appointment.
(2) The Chairman and the Commissioners shall be appointed
by the President with the consent of the Commission on
Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman shall
hold office for seven years, a Commissioner for five years,
and another Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a temporary or
acting capacity.
Objectives of the Civil Service System
1. Is to encourage, promote and strengthen professionalism
and efficiency in public service.
2. To give opportunities to qualified and competent men and
women who have passed corresponding civil service
examinations.
3. To give preference to civil service eligible over those who
are not and who are not mere political protégés.
4. And in the process, to serve the people with high level of
competence, dedication, and patriotism.
Composition
1. Chairman
2. 2 Commissioners
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Qualifications of Chairman and Commissioners
1. Natural-born citizens of the Philippines.
2. 35 years of age at the time of their appointment.
3. With proven capacity for public administration.
4. Must not have been candidates for any elective position in
the elections immediately preceding their appointment.
SECTION 2. (1) The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled
corporations with original charters.
(2) Appointments in the civil service shall be made only
according to merit and fitness to be determined, as far as
practicable, and, except to positions which are policy-
determining, primarily confidential, or highly technical, by
competitive examination.
(3) No officer or employee of the civil service shall be
removed or suspended except for cause provided by law.
(4) No officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign.
(5) The right to self-organization shall not be denied to
government employees.
(6) Temporary employees of the Government shall be given
such protection as may be provided by law.
Coverage of the system
1. All branches, subdivisions, instrumentalities and agencies
of the government.
2. All GOCCs with ORIGINAL charters, which refer to
corporations which have been created by special law, or
granted legislative characters, and not through the general
corporation law.
Government owned or controlled corporations- Means that
if a corporation ceases to be owned or controlled by the
government, it ceases to be within the coverage of the civil
service system.
Test to determine whether a corporation is government
owned or controlled corporation subject to Civil Service
Law- The test is under what law it was created.
Appointment in the Civil Service- Made according to merit
and fitness which is determined by competitive examination.
The following are exempted from competitive examinations:
1. Policy-determining position- A position held by one whose
duty is to formulate policies and guidelines of the
government.
2. Primarily confidential position- A position held by one in
whom personal trust and confidence is reposed by the
appointing power.
3. Highly technical position- A position held by one possessing
superior technical training.
A person without civil service eligibility be appointed under
the following conditions:
1. The temporary appointment shall not exceed 12 months.
2. The appointee may be replaced sooner if a qualified civil
service eligible becomes available.
3. The said temporary appointment may be withdrawn or
discontinued, with or without cause.
Protection of security of tenure (Administrative Code of 1987)
1. The grounds for the discipline of civil service servants are
enumerated in sec 46 Book V (A)
2. The procedure of investigation is likewise provided in
section 46
3. During the pendency of his administrative investigation the
employee charged shall be subject to preventive suspension.
4. The preventive suspension shall, however, be lifted after
90 days, if he is not a presidential appointee unless the delay
in the investigation is equitable to him.
Domingo vs Development Bank of the Philippines-
1. Reorganization is a recognized valid ground for separation
of civil service employees, subject only to the condition that it
be done in good faith. No less than the constitution itself in
sec.16 of the transitory provisions, together with secs. 33 and
34 of e.o. 81 and sec. 9 of ra 6656, sipport this conclusion
with the declaration that all those not so appointed in the
implementation of said reorganization shall be deemed
separated from the service with the concomitant recognition
of their entitlement to appropriate separation benefits or
retirement plans of the reorganized agency.
2. The state puts a premium on an individual’s efficiency,
merit and fitness before one is accepted to the career service.
A civil service employee’s efficiency rating, therefore, is a
decisive factor for his continued service with the government,
The inescapable conclusion is that a below average efficiency
rating is sufficient justification for the termination of a
government employee. An employee’s separation must be
affirmed if public good is to be subserved.
General Rule: An officer or employee in the CS cannot engage
directly or indirectly in any electioneering or partisan political
activity.
Exception: The said prohibition does not prevent any officer
or employee from expressing his views on current political
problems or from mentioning his views on current political
problems or issues, or from mentioning the names of
candidates for public office whom he supports.
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Partisan political activity- Means active support for or
affiliation with the cause of a political party or candidate. This
would include, among others, being a candidate for any
political convention, being an officer or member of any
political committee, party or organization, delivering
speeches, canvassing or soliciting votes or political support or
contributions for any political party or candidate or, in
general, becoming actively identified with the success or
failure of any candidate or candidates for election to public
office.
Who are exempted from the prohibition against any
partisan political activity?
1. Members of the cabinet- For the reason that they were
appointed by the president precisely to support him and his
administration in all undertakings where they could
contribute their skill, experience, and political influence.
Members of the Armed Forces- Subject to the prohibition for
the reason that their involvement poses a threat to the peace
and stability in any place or community where they are
stationed.
Right to self-organization- Government employees are
entitled to this right but they have no right to strike.
Temporary appointment- Guarantee of security of tenure not
applicable to them because they may be removed at any time
without cause.
SECTION 3. The Civil Service Commission, as the central
personnel agency of the Government, shall establish a
career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service. It shall strengthen the merit and
rewards system, integrate all human resources development
programs for all levels and ranks, and institutionalize a
management climate conducive to public accountability. It
shall submit to the President and the Congress an annual
report on its personnel programs.
Functions of the Civil Service Commission
1. To promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service.
2. It shall strengthen the merit and awards system, integrate
all human resources development programs for all levels and
ranks.
3. To institutionalize a management climate conducive to
public accountability.
4. It shall submit to the president and the congress an annual
report on the personnel program.
Advantage of an efficient career service system- It rewards
competency and merit. When employees are promoted
because of their own merits, efficiency, and competence and
not because of mere political patronage, they have strong
morale and confidence in the discharge of their duties.
SECTION 4. All public officers and employees shall take an
oath or affirmation to uphold and defend this Constitution.
SECTION 5. The Congress shall provide for the
standardization of compensation of government officials
and employees, including those in government-owned or
controlled corporations with original charters, taking into
account the nature of the responsibilities pertaining to, and
the qualifications required for their positions.
SECTION 6. No candidate who has lost in any election shall,
within one year after such election, be appointed to any
office in the Government or any government-owned or
controlled corporations or in any of their subsidiaries.
SECTION 7. No elective official shall be eligible for
appointment or designation in any capacity to any public
office or position during his tenure.
Unless otherwise allowed by law or by the primary functions
of his position, no appointive official shall 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.
Elective official may be appointed to any other public office-
Upon acceptance of the appointment, he should resign from
his elective position.
SECTION 8. No elective or appointive public officer or
employee shall receive additional, double, or indirect
compensation, unless specifically authorized by law, nor
accept without the consent of the Congress, any present,
emolument, office, or title of any kind from any foreign
government.
Pensions or gratuities shall not be considered as additional,
double, or indirect compensation.
General rule: An elective or appointive public officer and
employee shall not receive additional, double, or indirect
compensation.
Exception: When said elective or appointive public official
and employee is specifically authorized by law to receive said
additional, double, or indirect compensation.
Concurrent position- The said two positions may be held at
the same time as long as they are not incompatible with each
other. However, the incumbent cannot collect additional
salaries for services rendered unless specifically authorized by
law.
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Additional or double compensation- There is additional
compensation when for one and the same office for which a
compensation has been fixed there is added to such fixed
compensation an extra reward such as a bonus. This is not
allowed if there is no law specifically authorizing such an
extra reward.
The Commission on Elections
SECTION 1. (1) There shall be a Commission on Elections
composed of a Chairman and six Commissioners who shall
be natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age,
holders of a college degree, and must not have been
candidates for any elective position in the immediately
preceding elections. However, a majority thereof, including
the Chairman, shall be Members of the Philippine Bar who
have been engaged in the practice of law for at least ten
years.
(2) The Chairman and the Commissioners shall be appointed
by the President with the consent of the Commission on
Appointments for a term of seven years without
reappointment. Of those first appointed, three Members
shall hold office for seven years, two Members for five
years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a temporary or
acting capacity.
Composition of COMELEC
1. Chairman
2. 6 Commissioners
Qualifications
1. Natural-born citizens of the Philippines.
2. At least 35 years of age at the time of their appointment.
3. Holders of a college degree
4. Must not have been candidates for any elective position in
the immediately preceding elections.
5. However, a majority thereof, including the chairman, shall
be members of the Philippine Bar who have been engaged in
the practice of law for at least 10 years.
Membership in the Philippine Bar- Cases sought to be
resolved by the COMELEC are growing in number and they
involve complicated legal issues which should better be
resolved by commissioners who have the experience,
training, and skill of a law practitioner.
Practice of law- Includes any activity which requires the
application of law or knowledge of law, whether said activity
takes place in or outside of the courtrooms. (Cayetano vs
Monsod)
*The chairman and members of the COMELEC must be
appointed or designated on a permanent capacity.
*The president has no power to appoint a temporary
chairman. This prerogative belongs to the members of the
commission themselves.
*Term of office of the commissioners- 7 years without
reappointment.- Subject to staggering
Reason for Staggering- To prevent the incumbent president
from having an opportunity to appoint all or majority of the
commissioners during his term.
SECTION 2. The Commission on Elections shall exercise the
following powers and functions:
(1) Enforce and administer all laws and regulations relative
to the conduct of an election, plebiscite, initiative,
referendum, and recall.
(2) Exercise exclusive original jurisdiction over all contests
relating to the elections, returns, and qualifications of all
elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal
officials decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by trial courts
of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and barangay
offices shall be final, executory, and not appealable.
(3) Decide, except those involving the right to vote, all
questions affecting elections, including determination of the
number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
(4) Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections.
(5) Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other
requirements, must present their platform or program of
government; and accredit citizens’ arms of the Commission
on Elections. Religious denominations and sects shall not be
registered. Those which seek to achieve their goals through
violence or unlawful means, or refuse to uphold and adhere
to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.
Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or
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candidates related to elections constitute interference in
national affairs, and, when accepted, shall be an additional
ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be
prescribed by law.
(6) File, upon a verified complaint, or on its own initiative,
petitions in court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions
constituting election frauds, offenses, and malpractices.
(7) Recommend to the Congress effective measures to
minimize election spending, including limitation of places
where propaganda materials shall be posted, and to prevent
and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
(8) Recommend to the President the removal of any officer
or employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or
disobedience to its directive, order, or decision.
(9) Submit to the President and the Congress a
comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.
Nature of the powers of the COMELEC- Being an
administrative agency, the powers of the COMELEC are
supposed to be confined only to executive, quasi-judicial, and
quasi-legislative powers.
In actual practice however, the commission is the sole judge
of all contests relating to the election, returns, and
qualifications of all regional, provincial, and city officials
which, in effect, is part of judicial power or function.
The difference lies in the fact that while the COMELEC is
performing such power or function, it cannot claim to
exercise so called inherent powers of regular courts. It has
been held therefore, that it can only issue writs of certiorari,
prohibition, and mandamus granted by BP 697 sec 50, but
these can only be exercised in connection with its appellate
jurisdiction under IX © Sec 2, (2)
Powers of the COMELEC
1. Executive- Enforces and administers all laws relative to the
conduct of an election, plebiscite, initiative, referendum, and
recall.
2. Legislative- Issues rules and regulations to implement the
election laws. It has the power to exercise such legislative
functions as may be expressly delegated by congress.
3. Judicial- Resolves all cases or controversies that may arise
in the enforcement of election laws. It is the sole judge of all
pre-proclamation disputes and all contests relating to the
election, returns, and qualifications of all regional, provincial
and city officials. Its decisions, final orders, ruling on election
contests involving elective municipal and barangay offices
shall be final, executor and not appealable.
Powers to enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
referendum, initiative, and recall
1. Require compliance with the rules for the filing of
certificates of candidacy.
2. Take preventive measures to avoid fraud and other
election offenses.
3. Supervise registration of voters, annul illegal registry of
voters.
4. Supervise holding of polls.
5. To see to it that votes are canvassed properly, annul or
suspend canvass, and supervise and control , relieve election
inspectors and canvassers.
6. To proclaim the winners.
7. Supervise and regulate use of franchise.
Torres vs COMELEC- COMELEC en banc may directly assume
jurisdiction over a petition to correct manifest errors in the
tabulation or tallying of results by the board of canvassers.
Antonio jr. vs COMELEC- The SC ruled that the power to
declare a failure of election involved the power to decide
election contests which belonged not to the COMELEC but to
the courts and the proper electoral tribunals. However in
Biliwang vs COMELEC- The SC upheld the power of the
COMELEC to annul an entire municipal election on the ground
of post-election terrorism, not on the basis of its expanded
jurisdiction over election protests. This is anchored on the
broader power of the COMELEC to protect the integrity of the
election so that the will of the electorate is not defeated.
Failure of election grounds
1. When the election in any polling place had been suspended
before the hour fixed by law for the closing of the voting due
to force majeure, violence, terrorism, fraud and other
analogous cases.
2. When the election in any polling place had been suspended
before the hour fixed by law for the closing of the voting on
account of force majeure, violence, terrorism, fraud, or other
analogous circumstances.
3. After the voting and during the preparation and
transmission if the election returns or in the custody or
canvass thereof of such election results in a failure to elect
due to force majeure, violence, terrorism, fraud or other
analogous causes.
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Requirements before the COMELEC en banc can conduct a
hearing on a verified petition to declare failure of election.
1. There must be a verified petition to declare a failure of
election
2. The said petition must show on its face 2 conditions
a. That no voting has taken place in the precinct on
the date fixed by law or even if there was voting, the
election nevertheless results in a failure to elect.
b. The votes not cast would affect the results of the
election.
Borja vs COMELEC- A petition to declare a failure of election
is neither a pre-proclamation controversy as classified under
the Revised COMELEC Rules of Procedure nor an election
case.
Balindong vs COMELEC et al.- The mere fact that the transfer
of polling place was not made in accordance with law does
not warrant a declaration of failure of election and the
annulment of the proclamation of the winning candidate,
unless the number of cast votes will affect the result of the
election.
Sanchez vs COMELEC- The authority to call a special election
of the COMELEC was upheld on the ground that failure of
election justifies the calling of a special election in order to
make the COMELEC truly effective in the discharge of its
functions.
Jurisdiction of the COMELEC before proclamation (Pre-
proclamation controversy)- Is administrative or quasi-judicial.
Hence, it is governed by the requirements of administrative
due process.
Jurisdiction of the COMELEC after the proclamation
(Contest)- Jurisdiction of the COMELEC is judicial. Hence, it is
governed by the requirements of judicial due process.
Bince vs COMELEC- The COMELEC can annul a proclamation
or suspend the effects of a proclamation only with notice and
hearing, otherwise, such an action is a violation of the
constitutional right to due process.
Montejo vs COMELEC- The COMELEC has no authority to re-
apportion the congressional districts, this authority is within
the power of congress.
Recall election Limitations (Local Government Code)
1. Any elective local official may be the subject of a recall
election only once during his term of office for the loss of
confidence.
2. No recall shall take place within 1 year from the date of the
official’s assumption of office or 1 year immediately
preceding a regular local election.
Pungutan vs Abubakar- It is not within the power of the
comelec to determine whether a person can exercise the
right to vote, or whether a person is precluded from
exercising the right of suffrage or not. This is a judicial
question, within the jurisdiction of courts of justices.
Power to deputize law enforcement agencies- The COMELEC
may exercise such power only with the concurrence of the
president as commander-in-chief.
Alunan vs Mirasol- Election contests involving election of SK
officials do not fall within the jurisdiction of the COMELEC. It
is not contrary to the powers granted by the constitution to
the COMELEC.
Power to register political parties- A political party acquires
juridical personality from the time it is registered by the
COMELEC. If it is not registered, it is merely a group of
persons who opted to exercise their right of association
without the benefits derived from the formal act of
registration such as the right to participate under the party-
list system.
Grounds to refuse registration of a political party
1. Religious denominations and sects shall not be registered.
2. Those which seek to achieve their goals through violence
and unlawful means shall not be registered.
3. Those which refuse to upheld and adhere to the
constitution shall also be refused registration.
4. Those which are supported by a foreign government.
(Those registered but it has accepted financial contributions
from foreign governments- ground for cancellation of
registration)
Power to prosecute cases of violation of election laws
1. The COMELEC can file upon verified complaint, petitions in
court for inclusion or exclusion of voters.
2. It can, on its own initiative, file petitions for inclusion or
exclusion of voters.
3. It can investigate violation of election laws, including acts
or omissions constituting election frauds, offenses, and
malpractice.
4. It can prosecute violation of election laws, including acts or
omissions constituting election frauds, offenses, and
malpractice.
5. Other government prosecutors may investigate and
prosecute violations of election laws only when they have
been deputized by the COMELEC.
SECTION 3. The Commission on Elections may sit en banc or
in two divisions, and shall promulgate its rules of procedure
in order to expedite disposition of election cases, including
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pre-proclamation controversies. All such election cases shall
be heard and decided in division, provided that motions for
reconsideration of decisions shall be decided by the
Commission en banc.
 Decisions in election contests relating to the
election, returns, qualifications of all regional,
provincial, and city officials, which are within its
original jurisdiction, they may be appealed to the SC
in a petition for certiorari under Rule 65 of the Rules
of Court. Based on the determination whether there
was grave abuse of discretion amounting to lack or
excess of jurisdiction.
 With respect to decisions in election contests
involving municipal or barangay officials as
originally decided by RTC or MTC, which are within
its appellate jurisdiction, the same shall be final,
executory and not appealable.
SECTION 4. The Commission may, during the election period,
supervise or regulate the enjoyment or utilization of all
franchises or permits for the operation of transportation
and other public utilities, media of communication or
information, all grants, special privileges, or concessions
granted by the Government or any subdivision, agency, or
instrumentality thereof, including any government-owned
or controlled corporation or its subsidiary. Such supervision
or regulation shall aim to ensure equal opportunity, time,
and space, and the right to reply, including reasonable,
equal rates therefor, for public information campaigns and
forums among candidates in connection with the objective
of holding free, orderly, honest, peaceful, and credible
elections.
Emilio M. R. Osmena and Pablo Garcia vs COMELEC
1. There is no suppression of political ads but only a
regulation of the time and manner of advertising.
2. There is a substantial or legitimate government interest
justifying the exercise of the regulatory power of the
COMELEC.
3. COMELEC take-over of the advertising page of newspapers,
on the commercial time of radio and tv stations, and
allocating those to the candidates is valid.
SECTION 5. No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and
regulations shall be granted by the President without the
favorable recommendation of the Commission.
SECTION 6. A free and open party system shall be allowed to
evolve according to the free choice of the people, subject to
the provisions of this Article.
All parties, organizations, and coalitions are considered equal
for purpose of electoral process. The concept of accreditation
is not provided in the constitution.
SECTION 7. No votes cast in favor of a political party,
organization, or coalition shall be valid, except for those
registered under the party-list system as provided in this
Constitution.
Block-voting is not allowed except is the votes cast are for
those registered under the party-list system.
SECTION 8. Political parties, or organizations or coalitions
registered under the party-list system, shall not be
represented in the voters’ registration boards, boards of
election inspectors, boards of canvassers, or other similar
bodies. However, they shall be entitled to appoint poll
watchers in accordance with law.
SECTION 9. Unless otherwise fixed by the Commission in
special cases, the election period shall commence ninety
days before the day of the election and shall end thirty days
after.
Election period- It is the time needed to administer an
election. It goes beyond the day of the voting by express
constitutional provision, thus “ the election period shall
commence 90 days before the day of election and end 30
days thereafter.
Campaign period- Period where the votes are solicited.
 President, Vice President, Senators- 90 days before
the day of the election.
 Members of the House of Representatives and
elective provincial, city, and municipal officials- 45
days before the day of the election
 In preparation of the election calendar, the
COMELEC may exclude the day before and the day of
the election itself, Maundy Thursday, and Good
Friday.
 Any election campaign or partisan political activity
for or against any candidate outside of the campaign
period herein provided is prohibited and shall be
considered as an election offense punishable under
the Omnibus Election Code.
SECTION 10. Bona fide candidates for any public office shall
be free from any form of harassment and discrimination.
SECTION 11. Funds certified by the Commission as necessary
to defray the expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and recalls, shall
be provided in the regular or special appropriations and,
once approved, shall be released automatically upon
certification by the Chairman of the Commission.
Commission on Audit
SECTION 1. (1) There shall be a Commission on Audit
composed of a Chairman and two Commissioners, who shall
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be natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age,
certified public accountants with not less than ten years of
auditing experience, or members of the Philippine Bar who
have been engaged in the practice of law for at least ten
years, and must not have been candidates for any elective
position in the elections immediately preceding their
appointment. At no time shall all Members of the
Commission belong to the same profession.
(2) The Chairman and the Commissioners shall be appointed
by the President with the consent of the Commission on
Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman shall
hold office for seven years, one Commissioner for five years,
and the other Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only
for the unexpired portion of the term of the predecessor. In
no case shall any Member be appointed or designated in a
temporary or acting capacity.
Composition
1. Chairman
2. Appointed by the president with consent of the CA.
Qualifications
1. Natural-born citizens of the Philippines
2. 35 years of age at the time of their appointment.
3. Certified Public Accountants with not less than 10 years of
auditing experience or members of the Philippine Bar who
have been engaged in the practice of law for at least 10 years.
4. Must not have been candidates for any elective position in
the elections immediately preceding their appointment.
Term of office- 7 years without reappointment subject to
staggering term.
SECTION 2. (1) The Commission on Audit shall have the
power, authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of, and
expenditures or uses of funds and property, owned or held
in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations with original
charters, and on a post-audit basis: (a) constitutional bodies,
commissions and offices that have been granted fiscal
autonomy under this Constitution; (b) autonomous state
colleges and universities; (c) other government-owned or
controlled corporations and their subsidiaries; and (d) such
non-governmental entities receiving subsidy or equity,
directly or indirectly, from or through the Government,
which are required by law or the granting institution to
submit to such audit as a condition of subsidy or equity.
However, where the internal control system of the audited
agencies is inadequate, the Commission may adopt such
measures, including temporary or special pre-audit, as are
necessary and appropriate to correct the deficiencies. It
shall keep the general accounts of the Government and, for
such period as may be provided by law, preserve the
vouchers and other supporting papers pertaining thereto.
(2) The Commission shall have exclusive authority, subject
to the limitations in this Article, to define the scope of its
audit and examination, establish the techniques and
methods required therefor, and promulgate accounting and
auditing rules and regulations, including those for the
prevention and disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable expenditures, or
uses of government funds and properties.
Authority and duty of the COA
1. Settle all accounts of the government.
2. Examine and audit all expenditures of government.
3. Examine and audit all revenues of government.
4. Promulgate accounting and auditing rules including those
for the prevention and disallowance of irregular,
unnecessary, excessive, extravagant or unconscionable
expenditures, or uses of government funds and properties.
5. Define the scope and techniques for its own autditing
procedures.
Scope of post audit authority of COA
1. Constitutional bodies, Commissions and office that have
been granted fiscal autonomy under the constitution.
2. GOCCs and their subsidiaries.
3. Non-government entities receiving subsidy or equity,
directly or indirectly from or through the government which
are required by law or the granting institution to submit such
audit as a condition of subsidy or equity
4. Autonomous state colleges and universities.
How the COA protect public funds
1. All collections and revenues turned over to the national
treasury cannot be released without corresponding
appropriation made by law. In the absence of a law either
authorized by the constitution itself or by congress, it is the
duty of the COA to refuse approval of any request to disburse
public funds.
2. To protect public funds, and to see to it that these funds
are disbursed and spent properly, the COA is not only limited
to the exercise of the power and authority provided in sec 2
(1). It can also bring to the attention of the President and
Congress, through its annual report, its assessment of the
financial condition and operation of the government. It can
even recommend measures necessary to improve their
effectiveness and efficiency.
3. Any monetary claim against the government must first be
filed with the COA, which must act upon it within 60 days. If
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said claim is rejected, the claimant can elevate the matter to
the SC on certiorari under rule 65.
4. The constitutional competence of the COA is only with
respect to the administrative aspect of the expenditure of
public funds and not with respect to the criminal aspect for
the irregular expenditures. Hence, even if a voucher has been
approved by the COA, the provincial fiscal is not precluded to
determine whether criminal liability has been incurred.
Power to settle accounts- Means the power to settle
liquidated accounts, that is, those accounts which may be
adjusted simply by an arithmetical process. It does not
include the power to fix the amount of an unfixed or
undetermined debt.
SECTION 3. No law shall be passed exempting any entity of
the Government or its subsidiary in any guise whatever, or
any investment of public funds, from the jurisdiction of the
Commission on Audit.
SECTION 4. The Commission shall submit to the President
and the Congress, within the time fixed by law, an annual
report covering the financial condition and operation of the
Government, its subdivisions, agencies, and
instrumentalities, including government-owned or
controlled corporations, and non-governmental entities
subject to its audit, and recommend measures necessary to
improve their effectiveness and efficiency. It shall submit
such other reports as may be required by law.
ARTICLE XI
Accountability of Public Officers
SECTION 1. Public office is a public trust. Public officers and
employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice, and lead modest
lives.
Public office is a public trust- Under this principle, public
officials in all the ladders of our government should always
remember that they were merely entrusted by the people to
perform the duties and responsibilities of their offices for a
fixed period of time. Their offices are not their own, nor can
they be treated as private properties which they can manage
or dispose of at their whim and caprice.
Public office- It is the right, authority, and duty, created an
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
functions of government, to be exercised by the individual for
the benefit of the public.
Office- It is that function by virtue of which a person has
some employment in the affairs of another, whether the
incumbent holds the position either by virtue of an
appointment or by election, and whether the appointment is
for a fixed term or at the pleasure of the appointing power.
Public office vs Contract
Public office
1. It is a creation of sovereignty.
2. It is more lasting In nature
3. Its object is to carry out sovereign as well as governmental
functions which involve even persons who are not parties to
the agreement.
Contract
1. Contract arises from the agreement or will of the parties.
2. The effectivity of the contract may be for a long or short
period of time, as may be agreed upon by the parties.
3. The obligations arising from the contract is, as a rule,
enforceable only between the parties to the contract.
SECTION 2. The President, the Vice-President, the Members
of the Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed from
office, on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of public trust. All
other public officers and employees may be removed from
office as provided by law, but not by impeachment.
Impeachment- defined as the extraordinary means of
removing the impeachable public officials mentioned in Art
XI, Sec 2, through a verified complaint filed by any member of
the house of representatives or by any citizen, upon a
resolution of endorsement by any member thereof, which
complaint is tried by the senate to decide whether any of the
grounds provided in Sec 2 exist or not and whether a
judgment of impeachment will be rendered or not.
Officials removable by impeachment
1. President
2. Vice President
3. Members of the Supreme Court
4. Members of the Constitutional Commissions
5. The Ombudsman
Grounds for impeachment
1. Culpable violation of the constitution.
2. Treason
3. Bribery
4. Graft and corruption
5. Other high crimes
6. Betrayal of public trust
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Culpable violation of the constitution- It is a wilful and
intentional violation of the constitution. It does not, therefore
cover violations committed unintentionally, or in good faith,
or on account of an honest mistake of judgment.
Treason- Revised Penal Code, Art 114 as, any Filipino citizen
who levies war against the Philippines or adheres to her
enemies, giving them aid or comfort within the Philippines or
elsewhere. It is a violation by a subject of his allegiance or his
sovereign or to supreme authority by the state.
Bribery- Arts 210 and 211 of the Revised Penal Code, Direct
or Indirect Bribery.
Other high crimes- They are those offenses which like treason
and bribery are of enormous gravity that they strike at the
very life or orderly workings of government.
Betrayal of public trust- This covers any and all offenses or
acts which are violations of the oath of office of the
impeachable officers mentioned, even if they are not
punishable by statute as penal offenses, as long as they
render the public official concerned as unfit to continue in
office.
Ex. Tyrannical abuse of power, inexcusable
negligence of duty, betrayal of public interest, breach of
official duty, cronyism, favouritism, obstruction of justice.
SECTION 3. (1) The House of Representatives shall have the
exclusive power to initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by
any Member of the House of Representatives or by any
citizen upon a resolution of endorsement by any Member
thereof, which shall be included in the Order of Business
within ten session days, and referred to the proper
Committee within three session days thereafter. The
Committee, after hearing, and by a majority vote of all its
Members, shall submit its report to the House within sixty
session days from such referral, together with the
corresponding resolution. The resolution shall be calendared
for consideration by the House within ten session days from
receipt thereof.
(3) A vote of at least one-third of all the Members of the
House shall be necessary either to affirm a favorable
resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution. The vote of
each Member shall be recorded.
(4) In case the verified complaint or resolution of
impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the
Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
(5) No impeachment proceedings shall be initiated against
the same official more than once within a period of one
year.
(6) The Senate shall have the sole power to try and decide
all cases of impeachment. When sitting for that purpose, the
Senators shall be on oath or affirmation. When the
President of the Philippines is on trial, the Chief Justice of
the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-
thirds of all the Members of the Senate.
(7) 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.
(8) The Congress shall promulgate its rules on impeachment
to effectively carry out the purpose of this section.
Procedure of impeachment
1. Filing of complaint- The complaint is filed either by a
member of the HR or by any citizen upon a resolution of
endorsement by any member thereof.
2. Complaint is referred to a proper committee:
a. Committee deliberation of the complaint.
Thereafter, the committee should decide whether
the complaint is sufficient in form or substance.
b. After hearing and by a majority vote of all its
members, the committee shall submit its report to
the house within 60 days from the referral of the
complaint, together with the corresponding
resolution.
c. The resolution shall be calendared for
consideration by the house within 10 session days
from the receipt thereof.
d. A vote of at least 1/3 of all the members of the
house shall be necessary either to affirm a
favourable resolution with the Articles of
Impeachment of the committee, or override its
contrary resolution. The vote of each member shall
be recorded.
3. Complaint is sent to the Senate which will try and decide
cases of impeachment
a. Filed by at least 1/3 of all the members of the HR.
the same shall constitute the Articles of
Impeachment
4. Trial and Conviction- The senate tries the impeachment
and convicts by a vote of 2/3 of all the members of the
Senate.
 No impeachment proceedings shall be initiated
against the same official more than once within a
period of 1 year.
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  Initiation of impeachment proceeding- From the
time it is filed by a member of the HR or by any
citizen upon a resolution of indorsement by any
member thereof.
 Senate- Sole power to try and decide all cases of
impeachment.
 Rules applicable- Rules of senate. Rules of court only
supplemental whenever applicable.
 Quantum of evidence- Substantial evidence
 Conviction in impeachment does not bar prosecution
from a criminal proceeding, double jeopardy as a
defense will not prosper.
 Judgment of congress in impeachment proceedings
is not subject to judicial review, however the courts
may annul the proceedings if there is a showing of a
grave abuse of discretion committed by the congress
or of non-compliance with the procedural
requirements of the constitution.
Nature of impeachment proceeding
Judicial and penal- The constitutional rights of the accused
and the right to due process and against self-incrimination
are available in this proceeding.
Administrative- Nature of the penalty, “ Judgment in all cases
of impeachment shall not extend further than removal from
office and disqualification to hold any office under the
Republic of the Philippines”. It is only in his conviction that he
shall be liable and subject to prosecution, trial, and
punishment, it is only from there when the official will be
subject to a criminal proceeding.
SECTION 4. The present anti-graft court known as the
Sandiganbayan shall continue to function and exercise its
jurisdiction as now or hereafter may be provided by law.
SECTION 5. There is hereby created the independent Office
of the Ombudsman, composed of the Ombudsman to be
known as Tanodbayan, one overall Deputy and at least one
Deputy each for Luzon, Visayas, and Mindanao. A separate
Deputy for the military establishment may likewise be
appointed.
SECTION 6. The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be appointed by
the Ombudsman according to the Civil Service Law.
SECTION 7. The existing Tanodbayan shall hereafter be
known as the Office of the Special Prosecutor. It shall
continue to function and exercise its powers as now or
hereafter may be provided by law, except those conferred
on the Office of the Ombudsman created under this
Constitution.
Sandiganbayan vs Ombudsman
Sandiganbayan
1. It is the court trying cases falling within the Anti- Graft and
Corrupt Practices Act.
2. It is composed of a presiding justice and 8 associate
justices, with the rank of Justice of the Court of Appeals. It sits
in 3 divisions and there are 3 members in each division.
3. In order that a case may fall under the exclusive jurisdiction
of the Sandiganbayan the following requisites must concur:
1. The offense committed is a violation the Anti-
Graft and Corrupt Practices Act.
2. The offender is a public official or employee
holding any of the positions enumerated in par a, sec
4 RA 8249.
3. The offense committed is in relation to the office.
4. In this connection, it is not enough to state in the
information that the offense was committed by an accused
public officer in relation to his office, the exact offense must
be stated with particularity.
5. The Sandiganbayan was created by PD 1606 as amended.
The Ombudsman
1. The Ombudsman shall exercise the powers mentioned in
Sec 13 and it is also vested with prosecutorial functions under
RA 6770- Ombudsman Act of 1987.
2. There is one Ombudsman. One over-all deputy and at least
one deputy each for Luzon, Visayas, Mindanao. A separate
deputy may be appointed for the military establishment.
3. Qualifications of the Ombudsman and deputies are the
following
1. Natural born citizens of the Philippines
2. At least 40 years of age
3. Of recognized probity and competence.
4. Members of the Philippine bar.
5. Must not have been candidates for any
elective office in the immediately preceding election.
4. The Ombudsman must have been a judge or engaged in the
practice of law for 10 years or more.
5. Their term of office is for 7 years without reappointment.
6. Their salary shall not be decreased during the term of
office.
7. The Ombudsman and the deputies are appointed by the
president from a list of 6 nominees prepared by judicial and
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bar council, and from a list of at least 3 nominees for every
vacancy thereafter.
8. All vacancies must be filled in 3 months.
9. The office of the Ombudsman shall enjoy fiscal autonomy.
Powers of the Ombudsman
1. Power to cite for contempt.
2. To exercise other powers , functions, and duties as the law
may prescribe.
3. To impose preventive suspension on any officer or
employee under its authority pending in an investigation,
whether such officer or employee is employed in the Office of
the Ombudsman or in any other government agency.
4. Investigate criminal offenses committed by public officials
which have no relation to their office.
5. The Ombudsman may refer cases involving non-military
personnel for investigation by the Deputy Ombudsman for
Military Affairs.
 Sandiganbayan- only a statutory court, although its
creation is mandated by the constitution.
 Zaldivar vs Sandiganbayan- The special prosecutor
would continue to exercise the former Tanodbayan
had except those which are passed on to the
Ombudsman or new Tanodbayan. The authority to
conduct preliminary investigation and direct the
filing of criminal cases with the Sandiganbayan was
lost effective February 2, 1987, he has been divested
of such authority.
SECTION 8. The Ombudsman and his Deputies shall be
natural-born citizens of the Philippines, and at the time of
their appointment, at least forty years old, of recognized
probity and independence, and members of the Philippine
Bar, and must not have been candidates for any elective
office in the immediately preceding election. The
Ombudsman must have for ten years or more been a judge
or engaged in the practice of law in the Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in Section
2 of Article IX-A of this Constitution.
SECTION 9. The Ombudsman and his Deputies shall be
appointed by the President from a list of at least six
nominees prepared by the Judicial and Bar Council, and
from a list of three nominees for every vacancy thereafter.
Such appointments shall require no confirmation. All
vacancies shall be filled within three months after they
occur.
SECTION 10. The Ombudsman and his Deputies shall have
the rank of Chairman and Members, respectively, of the
Constitutional Commissions, and they shall receive the same
salary, which shall not be decreased during their term of
office.
SECTION 11. The Ombudsman and his Deputies shall serve
for a term of seven years without reappointment. They shall
not be qualified to run for any office in the election
immediately succeeding their cessation from office.
SECTION 12. The Ombudsman and his Deputies, as
protectors of the people, shall act promptly on complaints
filed in any form or manner against public officials or
employees of the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or
controlled corporations, and shall, in appropriate cases,
notify the complainants of the action taken and the result
thereof.
SECTION 13. The Office of the Ombudsman shall have the
following powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person,
any act or omission of any public official, employee, office or
agency, when such act or omission appears to be illegal,
unjust, improper, or inefficient.
(2) Direct, upon complaint or at its own instance, any public
official or employee of the Government, or any subdivision,
agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original
charter, to perform and expedite any act or duty required by
law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate action
against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine,
censure, or prosecution, and 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, and
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.
(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
Page | 85
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.

SECTION 14. The Office of the Ombudsman shall enjoy fiscal

autonomy. Its approved annual appropriations shall be
automatically and regularly released.

SECTION 15. 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.

SECTION 16. No loan, guaranty, or other form of financial

accommodation for any business purpose may be granted,
directly or indirectly, by any government-owned or
controlled bank or financial institution to the President, the
Vice-President, the Members of the Cabinet, the Congress,
the Supreme Court, and the Constitutional Commissions, the
Ombudsman, or to any firm or entity in which they have
controlling interest, during their tenure.

SECTION 17. A public officer or employee shall, upon

assumption of office and as often thereafter as may be
required by law, submit a declaration under oath of his
assets, liabilities, and net worth. In the case of the
President, the Vice-President, the Members of the Cabinet,
the Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and officers of
the armed forces with general or flag rank, the declaration
shall be disclosed to the public in the manner provided by
law.

SECTION 18. Public officers and employees owe the State

and this Constitution allegiance at all times, and any public
officer or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country
during his tenure shall be dealt with by law.

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ARTICLE III: Bill of Rights
Bill of rights- Is the sanctuary of protection for all persons,
citizens, or non-citizens against any and al kinds of abuses of
power and authority by the government, or any of its officials,
employees or even against any unwarranted violation of such
rights by any other person.
Bill of rights- self-executing Social Justice and HR- not self-
executing .
Test of valid exercise of police power
1. The subject of the police measure in issue must be within
the scope of police power.
2. Even if the said police measure is within the scope of police
power, the means employed to attain the purpose of the law
must be reasonably necessary and not unduly oppressive
upon individuals
Ordinance vs Resolution
Ordinance- law
Resolution- Merely an expression of a sentiment or opinion
of a law-making body on a specific subject matter.
I. DUE PROCESS
SECTION 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person
be denied the equal protection of the laws.
Due Process- No exact definition. This has been left to the
best judgment of our judiciary considering rthe peculiarity
and the circumstances of each case.
Darmoth vs Wordward- Due process is defined as a law which
hears before it condemns, which proceeds upon inquiry, and
renders judgment only after trial.
Aquino Jr vs Military Commission- Due process of law does
not necessarily mean a judicial proceeding in the regular
courts. The guarantee of due process, viewed in its
procedural aspect, requires no particular form of procedure.
It implies due notice to the individual of the proceedings, an
opportunity to defend himself and the problem of the
propriety of the deprivation, under the circumstances
presented, must be resolved in a manner consistent with
essential fairness. It means essentially a fair and impartial trial
and reasonable opportunity for the preparation of the
defense.
Purpose of due process
1. To prevent undue encroachment against the life, liberty,
and property of individuals.
2. To secure the individual from the arbitrary exercise of
powers of government, unrestrained by the established
principles of private rights and distributive justice.
Secretary of Justice vs Lantion- An extradite has no right to
notice and hearing during the evaluation stage of the
extradition process. This is to accommodate the more
compelling interest of the state to prevent escape of
potential extradites which can be precipitated by premature
information of the basis of the request for his extradition. To
temporary hold on the extraditee’s privilege of notice and
hearing is a soft restraint on his right to due process which
will not deprive him of fundamental fairness should he decide
to resist the request for his extradition.
Nature of an Extradition Proceeding- It is not a criminal
proceeding which will call into operation all the rights of the
accused as guaranteed by the Bill or rights. The process of
extradition does not involve the determination of the guilt or
innocence of an accused. His guilt or innocence will be
adjudged in the court of the state where he will be
extradited.
Extradition vs Criminal Proceeding
1. Extradition
a. Summary in nature
b. Rules of evidence allow admission of evidence
under less stringent standards.
c. Our courts may adjudge an individual extraditable
but the president has the final discretion to extradite
him.
2. Criminal Proceeding
a. Full blown trial
b. Requires proof beyond reasonable doubt for
conviction
c. Judgment becomes executory upon its finality.
Person- A person is one who is capable to exercise ownership
and legal rights and to incur and contract obligation.
NCC- A person may be a natural or juridical person.
Artificial persons- The protection under the bill of rights is
only insofar as their property is concerned.
Artificial persons come into being by creation and operation
of law, and as such, they are subject to the rules and
restrictions of the legislature.
Right to life- Not merely a right to the preservation of life but
also the security of the limbs and organs of the human body
against any unlawful harm.
Possession of firearms- The right to bear arms is a mere
statutory privilege not a constitutional right. US vs Villareal
Licenses- Not property or property right. License is merely a
permit or privilege to do what otherwise would be unlawful,
and is not a contract between the authority granting it and
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the person to whom it is granted, neither is it property or a
property right, nor does it create a vested right.
Requirements of due process
1. Substantive
2. Procedural
Substantive due process- Is a guarantee that life, liberty, and
property shall not be taken away from anyone without due
process of law. Requires the ff:
1. Valid law upon which it is based.
2. The law must have been passed or approved to
accomplish a valid governmental objective.
3. The law, as well as the means to accomplish the
objective must be valid and not oppressive.
Procedural due process- Refers to the regular methods of
procedure to be observed before one’s life, liberty, or
property can be taken away from him. It is therefore a
guarantee to obtain a fair trial in court of justice according to
the mode of proceeding applicable to each case, but also any
and all administrative boards, bodies, or tribunals.
2 Aspects of procedural due process
1. In judicial proceedings
2. In administrative proceedings
Requirements of procedural due process in judicial
proceedings
1. There must be an impartial court or tribunal clothed with
judicial power to hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of
the defendant and over the property which is the subject
matter of the proceeding.
3. The defendant must be given an opportunity to be heard.
4. Judgment must be rendered upon lawful hearing.
Requirements of procedural due process in administrative
proceedings (Ang Tibay vs Court of Industrial Relations)
1. The right to a hearing, which includes the right to present
one’s case and submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The evidence must be substantial.
4. The decision must be rendered on the evidence presented
at the hearing or at least contained in the record and
disclosed to the parties affected.
5. The decision must have something to support itself.
6. The tribunal or 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 a
subordinate in arriving at a decision.
7. The board or body should, in all controversial questions,
render its decision in such a manner that the parties to the
proceedings can know the various issues involved, and the
reason for the decision rendered.
Substantial evidence- Is such relevant evidence as a
reasonable mind may accept as adequate to support a
conclusion.
Philippines Consumers Foundation Inc. vs Secretary of
Education, Culture, and Sports- When the administrative
agency prescribes rates in the exercise of its legislative
functions, prior notice and hearing to the affected parties is
not a requirement of due process. However, when said rates
are prescribed by an administrative agency in the exercise of
its quasi-judicial function, prior notice and hearing are
essential to the validity of said rates.
Void for vagueness doctrine- When a statute forbids or
requires the doing of an act in terms so vague that men of
common intelligence must necessarily guess as to its meaning
and differ as to its application, that law is deemed void.
Such kind of statute violates due process of law because it
denies the accused the right to be informed of the nature of
the charge against him.
Overbreadth doctrine- A governmental purpose may not be
achieved by means which sweep unnecessarily and broadly
and thereby invade the area of protected freedoms.
Operative fact doctrine- The law is recognized as
unconstitutional, but the effects of the unconstitutional law
prior to the time it was declared a nullity, may be left
undisturbed as a matter of equity and fair play. The doctrine
is applicable when a declaration of unconstitutionality will
impose an undue burden on those who have relied on said
invalid law.
Requisites of valid ordinance
1. Must not contravene the constitution or any statute.
2. Must not be unfair or oppressive.
3. Must not be partial or discriminatory.
4. Must not prohibit but may regulate.
5. Must be general and consistent with policy.
6. Must not be unreasonable.
Tabuena vs Sandiganbayan- “Cold neutrality of an impartial
judge” A trial judge has the right to question witnesses with a
view to satisfying his mind upon any material point which
presents itself during the trial of a case over which he
presides. But not only should his examination be limited to
asking clarificatory questions, the right should sparingly and
judiciously used, for the rule is that the court should stay out
of it as much as possible, neither interfering nor intervening
in the conduct of trial.
Webb et al vs People- As a general rule, repeated rulings
against a litigant, no matter how erroneous and vigorously
and consistently expressed, are not basis for disqualification
of a judge on grounds of bias and prejudice. Extrinsic
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evidence is required to establish bias, bad faith, malice or
corrupt purpose, in addition to the palpable error which may
be inferred from the decision or order itself. The only
exception to the rule is when error is so gross and patent as
to produce an ineluctable inference of bad faith or malice.
Pimentel vs Senate Committee of the whole- The
constitution does not require the publication of the internal
rules of the house or senate. Since rules of the house or
senate that affect only their members are internal to the
house or senate, such rules need not be published, unless
such rules expressly provide for their publication before the
rules can take effect.
Equal protection of laws- It is a constitutional guarantee that
all persons are equal before the law which means that what
the constitution guarantees is not absolute equality of all
individuals but only equality of opportunity, or protection
given by law to persons or classes of persons who are
similarly situated and who therefore belong to a certain
classification made by law.
Valid and reasonable classification requirements:
1. It must rest on substantial distinctions.
2. It must be germane to the purpose of the law.
3. Must not be limited to existing conditions only.
4. It must apply equally to all members of the same class.
Doctrine of Relative Constitutionality or Principle of Altered
Circumstance- A statute may be valid at one time as applied
to a set of facts but it may become void at another time
because of altered circumstance.
II. SEARCH AND SEIZURE
SECTION 2. The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination
under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be seized.
Rights under Section 2
1. Right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose.
2. No search warrant shall issue except upon probable cause
to be determined personally by the judge after examination
under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be seized.
3. No warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after
examination under oath or affirmation of the complainant
and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things
to be seized.
Stonehill vs Diokno- Artificial persons like corporations, are
also protected but they may be required to open their books
of accounts for examination by the state in the exercise of the
police power or power of taxation.
What is protected by the right of the people to be secure in
their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature
1. The sanctity and privacy of a person himself.
2. Inviolability of a person’s home and his possessions.
Warrantless searches and seizures
1. Warrantless search incidental to a lawful arrest.
2. Seizure of evidence in plain sight
Elements
1. A prior valid intrusion based on the valid
warrantless arrest in which the police are legally
present in the pursuit of their official duties.
2. The evidence was inadvertently discovered by the
police who had the right to be where they are.
3. The evidence is immediately apparent.
4. Plain view justified the mere seizure of evidence
without further search.
3. Search of a moving vehicle.
4. Consented warrantless search.
5. Customs search
6. Stop and frisk
7. Exigent and emergency circumstances.
 The essential requisite of probable cause must first
be satisfied before a warrantless search and seizure
can be lawfully conducted.
Requisites of an incidental search:
1. The item to be searched was within the arrestee’s custody
or area of immediate control.
2. The search was contemporaneous with the arrest.
Stop and frisk- The interest of effective crime prevention
allows a police officer to approach a person in appropriate
cases for purposes of investigating probable criminal
behaviour even though there is no probable cause to make an
arrest.
Probable cause- Refers to the existence of such facts and
circumstances which should lead a reasonably discreet and
prudent man to believe that an offense has been committed
and that the items, articles, or objects, sought in connection
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with said offense or subject to seizure and destruction by law
is in the place to be searched.
Probable cause is such reasons, supported by facts and
circumstances, as will warrant a cautious man in the belief
that his actions, and the means in presenting it, are legally
just and proper.
Its effect, the finding thereof, will be put to test in a full-
blown trial where the evidence shall be analysed, weighed,
and given credence or disproved.
Lim vs Felix, Soliven vs Makasiar, People vs Inting- The judge
does not have to personally examine the complainant and his
witnesses. The prosecutor can perform the same functions as
a commissioner for the taking of evidence. However, there
should be a report and necessary documents supporting the
fiscal’s bare certification. All these should be before the
judge. To be sure, the judge must go beyond the
prosecution’s certification and investigation report whenever
necessary. He should call for the complainant and the
witnesses to answer the court’s probing questions when the
circumstances of the case so require.
General warrant- It is outlawed in this jurisdiction. It covers
every considerable document which may be found without
determination whether the papers are legal or not.
Mere affidavits of the complainant and his witness are not
sufficient. The examining judge has to take depositions in
writing of the complainant and the witnesses he may produce
and to 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 perjury the person giving it if it will be
found later that his declarations were false.
Requirements in determining probable cause
1. The judge must, before issuing the warrant, personally
examine the complainant and the witnesses in the form of
searching questions and answers.
2. The examination must be under oath.
3. The examination must be in writing.
4. The complainant and his witnesses must be examined on
facts personally known to them.
5. The judge must attach to the record the sworn statements
of the complainant and the witnesses together with any
affidavit submitted.
Nature and procedure of the examination
1. An application for a search warrant is neither a trial nor
part of the trial. It is heard ex parte.
2. It is an examination or investigation under oath and may
not be in public. It may even be held in the secrecy of the
chambers.
3. It must be in writing.
4. The application must be acted upon expeditiously because
time is of the essence.
5. The examination must not only be routinary but which
must be thorough as to elicit the required information.
 The particularization of the description of the place
to be searched may properly be done only by the
judge, and only in the warrant itself, it cannot be left
to the discretion of the police officers conducting the
search. To allow that would open the door to abuse
of the search process and grant to officers executing
a search warrant that discretion which the
constitution has precisely removed from them.
 A warrantless search is limited to the search of a
person arrested at the time of the incident to his
arrest.
Section 5, Rule 113 Revised Rules of Criminal Procedure
Arrest without warrant
1. When in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit
an offense.
2. When an offense has in fact been committed, and he has
personal knowledge of the fact indicating that the person to
be arrested has committed it.
3. 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.
Preliminary inquiry- Determination of probable cause for the
issuance of the warrant of arrest
Preliminary investigation- Ascertains whether the offender
should be held fro trial or released.
The determination of probable cause for the warrant is made
by the judge. The preliminary investigation is made by the
prosecutor.
People vs Castillo- If the witnesses prescribed by law are
prevented from actually observing and monitoring the search
of the premises, the same is a violation of the letter and spirit
of the law.
Probable cause to hold a person in trial- Refers to the finding
of the investigating prosecutor after the conduct of a
preliminary investigation, that there is sufficient ground to
hold a well-founded belief that a crime has been committed
and that the respondent is probably guilty thereof and should
be held for trial.
Based on such finding, the prosecutor files the corresponding
complaint or information in the competent court against the
accused.
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Probable cause to issue a warrant of arrest-The
determination of probable cause to issue a warrant of arrest
is a judicial function. A judge cannot be compelled to issue a
warrant of arrest if he believes honestly that there is no
probable cause for doing so.
Warrant of arrest issued by administrative agencies-
Allowed only for the purpose of carrying out a finding of a
violation of law, such as an order of deportation, or an order
of contempt, and not for the sole purpose of investigation or
prosecution.
Probable cause before issuance of warrant of arrest
 Refers to the 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.
 Subject of the warrant- Seizure of the person.
 Effect of execution- Taking the person into custody
in order that he may be bound to answer for the
commission of the offense. Once arrested, it shall be
the duty of the officer executing the warrant of
arrest to deliver the person arrested to the nearest
police station.
 It is merely the person of the accused who is subject
to restraint and custody.
 The report, affidavits, and all other supporting
documents behind the prosecutor’s certification
assist the judge in his determination of probable
cause.
Probable cause before issuance of a search warrant
 Refers to the facts and circumstances which would
lead a reasonably discreet and prudent man to
believe that
o An offense has been committed
o That the objects sought in connection with
the offense are in the place to be searched.
 Subject of the warrant- Search and seizure of
property.
 Effect of service of search warrant- Under a search
warrant, one’s privacy is intruded on, his affairs
pried into, his secrets discovered, his papers and
personal documents may be ransacked and taken to
court and later may be used against him in a criminal
prosecution. Papers and documents and articles
seized thereunder once taken to court are beyond
his reach. Hence, he cannot prevent their being
utilized against him. Hence, this is linked to the
fundamental right of a citizen not to be compelled to
testify against himself.
 In determining probable cause, the judge must
personally conduct an examination of the
complainant and the witnesses if any, and it is not
enough in such examination for the judge to merely
adopt questions and answers asked by a previous
investigator. It is required that the examination must
be probing.
People vs Eden Del Castillo- It is not necessary that the
property to be searched or seized should be owned by the
person against whom the search warrant is issued. However,
there must be sufficient showing that the property is under
appellant’s control or possession.
Unannounced intrusion into the premises permissible in the
following: (People vs Huang Zhen Hua and Jogy Lee)
1. A party whose premises or is entitled to the possession
thereof refuses, upon demand, to open it.
2. When such person in the premises already knew of the
identity of the officers and of their authority and persons.
3. When the officers are justified in the honest belief that
there is an imminent peril of the life or limb.
4. When those in the premises, aware of the presence of
someone outside are then engaged in the activity which
justifies the officers to believe that an escape or destruction
of evidence is being attempted.
Galvante vs Hon. Casimiro et al- The complaint for
warrantless search charges no criminal offense. The conduct
of a warrantless searc is not a criminal act for it is not
penalized under the RPC or any other special law. The RPC
only punishes 2 kinds of searches: 1. Art 129 Search warrants
maliciously obtained and abuse in the service of those legally
obtained. 2. Art 130 Searching domicile without witnesses.
III. PRIVACY OF COMMUNICATION AND CORRESPONDENCE
SECTION 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful order
of the court, or when public safety or order requires
otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in
any proceeding.
When the right of privacy and communication be validly
violated:
1. Upon lawful order of the court.
2. When public safety or order requires otherwise as
prescribed by law.
Coverage of the guarantee:
1. Tangible objects- Letters, telegrams, signals, cables,
telephone, client’s file, and other documents. Except lawyer’s
file because it would amount to compelling the lawyer to
disclose or divulge matters belonging to his client, hence a
breach of the confidentiality of lawyer-client relationship.
2. Intangible objects- RA 4200, recording of communication
by means of tape recorder. (Anti-Wire Tapping Act)
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Exceptions to Anti-Wire tapping:
1. May be permitted in civil or criminal proceedings involving
certain specified offenses principally affecting national
security. (Treason, espionage, provoking war and disloyalty in
case of war, mutiny in the high seas, rebellion, conspiracy and
proposal to commit rebellion, inciting rebellion, sedition,
conspiracy to commit sedition, inciting to sedition,
kidnapping)
2. Upon previous authorization by the court on the ff
conditions:
a. The constitutional requirements for the issuance
of a warrant should be complied with.
b. Said authority shall be effective only for 60 days.
Exchange of heated words between the accused and the
victim in a public place is not private. What is prohibited is
the overhearing, intercepting, and recording of private
communication.
IV. FREEDOM OF SPEECH AND OF PRESS
SECTION 4. No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of the
people peaceably to assemble and petition the government
for redress of grievances.
Freedom of speech and of the press- Right to freely utter and
publish whatever the citizen may please, and to be protected
from any responsibility for doing so, except so far as such
publication from their blasphemy, obscenity, or scandalous
character may be a public offense, or as their falsehood and
malice they may injuriously affect the standing reputation or
pecuniary interests of individuals.
Scope of freedom of expression
1. Free speech and free press.
2. Freedom of assembly.
3. freedom of petition.
4. Freedom of religion.
5. Right of association or the right to form associations.
6. Right to religious freedom.
Scope of “speech” and “expression”
1. Right to freely utter, print, and publish any statement
without previous censorship of the government.
2. Right to peaceful picketing.
3. Right to a lawful strike.
4. Right to disseminate information concerning the facts of a
labor dispute.
5. Expression by means of radio, television. And motion
picture.
6. Right to express grievances against the government, to
criticize the affairs of the government.
7. Right to display posters, notices, flags, banners.
8. Any form of expression whether oral, written, tape, text,
including symbol of speech such as but not limited to wearing
black shirts and blouses to symbolize death of democracy.
Scope of press
1. Newspapers
2.Magazines
3. Journals
4. Books
5. Any sort of publication.
The freedom of expression is not absolute. It is always
subject to some regulation of the state and to the police
power of the state.
1. The first is premised on the need to protect
society or the community from injurious exercise of
said freedom.
2. The second is premised on the need to promote or
protect public welfare, public safety, public morals,
and national security.
Purpose of protecting freedom of speech and of the press
1. To protect and preserve the right of the people to
information on matters of public concern.
2. To enable every citizen to bring the government and any
person in authority to the bar of public opinion.
3. To insure free and general discussion of public matters.
4 Aspects of the Freedom of the Press
1. Freedom from prior restraint.
2. Freedom from punishment.
3. Freedom of access of information.
4. Freedom of circulation.
Freedom from prior restraint- Prior restraint or sensorship is
a curtailment of the freedom of expression and of the press
made through restrictions or conditions in advance of actual
publication or dissemination. This means that the exercise of
the said freedom of expression or of the press depends upon
the prior approval of the government.
Freedom from Subsequent Punishment- This refers to
freedom from any punishment as a consequence of or in
connection with a speech, utterance, or writing.
Freedom of access to information- This includes the rights
1. To information on matters of public concern.
2. To access to official records and to documents and papers
pertaining to official acts, transactions, or decisions, as well as
to government research data used as basis for policy
development.
A person who is unlawfully deprived of the right to
information or the right to access to official records may file a
petition for mandamus and he may also file a civil action for
damages.
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Freedom of Circulation- Is actually the dissemination of what
has been written, whether this refers to an expression of a
view, thought, or ideas, as to any information which
complements the larger right of free discussion and
expression. For it is only when the people have unbridled
access to information and the press that they will be capable
of rendering enlightened judgments.
3 Standards or tests that may be used in judging whether
the author of a publication or speech or writing may be held
liable:
1. Clear and present danger rule.
2. Dangerous tendency rule.
3. Balancing of interest rule.
Clear and present danger rule- It is a working principle that
the substantive evil must be extremely serious and the
degree of imminence extremely high before the utterance
can be punished. The danger created must have causal
connection between the expression and the evil which the
state has the right to prevent.
Dangerous Tendency Rule- This permits limitations on speech
once a rational connection has been established between the
speech restrained and the danger contemplated.
Balancing of interest Rule- Used as a standard when the
courts need to balance conflicting social values and individual
interests and requires a conscious and detailed consideration
of the interplay of interest observable in a given type of
situation.
Prior restraints on speech that maybe permitted by the
constitution
1. Content neutral regulation- When the speech restraints
take the form of a content neutral regulation, only a
substantial government interest is required for its validity.
Regulations of this type are not designed to suppress any
particular message, hence they are not subject to the strictest
form of judicial scrutiny. It is subject only to an Intermediate
approach.
2. Intermediate Approach Test- Through this test, 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 government interest that is
unrelated to the suppression of expressions.
3. Content-based Regulation- A government action that
restricts freedom of speech or of the press based on content
is given the strictest scrutiny in the light of its inherent and
invasive impact. Only when the challenged act has overcome
the clear and present danger will it pass constitutional muster
with the government having the burden of overcoming the
presumed constitutionality.
Unless the government can overthrow this presumption, the
content based restraint will be struck down.
Francisco Chavez vs Raul M. Gonzales (SCOPE OF FREEDOM
OF EXPRESSION)
1. It protects speech, print, and assembly regarding secular as
well as political causes, and it is not confined to any particular
field of human interest.
2. The protection covers myriad matters of public interest or
concern embracing all issues which information is needed or
appropriate, so as to enable members of society to cope with
the exigencies of their period.
3. The constitutional protection assures the broadest possible
exercise of free speech and free press for religious, political,
economic, scientific, news, or informational ends.
Right to assembly and petition- The exercise thereof should
not be made to depend upon the issuance of any permit.
However, it may be subject to regulation, not prohibition by
the state, as to when and where it should be held.
Dangerous Tendency Rule- Under this rule, a person could
be punished for words uttered or for ideas expressed which
create a dangerous tendency, or which will cause or bring
about a substantive evil which the state has a right to
prevent.
Balancing of interest Rule- Is a principle which requires a
court to consider the circumstances in each particular case,
and thereafter, it shall settle the issue of which right demands
greater protection. The right to privacy as asserted by the
respondent or the freedom of expression as invoked by the
petitioner, or as between the exercise of the freedom of
expression and the need to protect national security which
shall be preferred.
V. FREEDOM OF RELIGION
SECTION 5. No law shall be made respecting an
establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall
be required for the exercise of civil or political rights.
Religion- Includes any form of belief in regard to the religion
of human beings to some supernatural powers.
It is a profession of faith to an active power that binds and
elevates man to his creator. (Aglipay vs Ruiz)
3 Principal parts of Section 5
1. Non-establishment clause
2. Free exercise clause
3. Non-Religious test clause
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Non-establishment clause- No law shall be made respecting
the establishment of religion, or prohibiting the free exercise
thereof.
Everson vs Board of Education- Neither the state nor the
federal government can set up a church, nor pass laws which
recognize one religion, all religion, or prefer one religion or
another or force or influence a person to go to or remain
away from church against his will or force him to profess a
belief or disbelief in any religion. That the state cannot punish
a person for entertaining or professing religious beliefs or
disbeliefs, for church attendance or non-attendance, that no
tax in any amount can be levied to support any religious
activity or institution, that the state cannot openly or secretly
participate in the affairs of any religious organization, group,
or vice-versa.
Free exercise clause- The free exercise and enjoyment of
religious profession and worship, without discrimination or
preference.
Religious freedom, although not unlimited, is a fundamental
personal right and liberty designed to protect the broadest
possible liberty of conscience to allow man to believe as his
conscience directs, to profess religious beliefs, and to live as
he believes he ought to live, consistent with the liberty of
others and with the common good. (Victoriano vs Elizalde
Rope Workers Union)
Non- religious test clause- No religious test shall be required
for the exercise of civil or political rights.
2 Aspects of religious freedom
1. Freedom to believe- absolute
2. Freedom to act on one’s beliefs- not absolute
Gerona vs Secretary of Education- The Philippine Flag is
utterly devoid of any religious significance. Saluting the flag
therefore does not involve any religious ceremony. Reversed
in Ebralinag vs Division Superintendent of Schools Cebu.
Ebralinag vs Division Superintendent of Schools Cebu-
Forcing a religious group, through the iron hand of the law, to
participate in a flag ceremony that violates their religious
beliefs, will hardly be conducive to love of country or respect
for duly constituted authorities. What petitioners seek is only
an exception from the flag ceremony, not exclusion from the
public schools were they may study the constitution, the
democratic way of life, and form of government, and learn
not only the acts, sciences, Phil. History and culture but also
receive training for a vocation or profession and be taught
the virtues of patriotism, respect for human rights,
appreciation for national heroes, the rights and duties of
citizenship and moral and spiritual values.
Clear and present danger of a substantive evil- restraint on
the right to disseminate religious ideas and information can
be justified.
Tolentino vs Secretary of Finance- Imposition of tax unlike a
license fee is not prohibited on the sale of religious materials
by a religious organization after the exercise of the right to
disseminate.
Estrada vs Escritor
1. Benevolent neutrality theory- Believes that with respect to
these governmental actions, accommodation of religion may
be allowed, not to promote the government’s favoured form
of religion, but to allow individuals and groups to exercise
their religion without hindrance. The purpose of
accommodation is to remove a burden on, or facilitate the
exercise of, a person’s or institution’s religion.
2. Theory of accommodation- What is sought is not a
declaration of unconstitutionality of a facially neutral law, but
an exemption from its application or its burdensome effect,
whether by the legislature or the courts. Most of free exercise
claims brought to the US courts are for the exemption, not
invalidation of the facially neutral law that has a burdensome
effect.
3. Compelling state interest- This test is proper where
conduct is involved for the whole gamut of human conduct
has different effects on the state’s interests. Some effects
may be immediate and short-term while others delayed and
far reaching. A test that would protect the interests of the
state in preventing a substantive evil, whether immediate or
delayed, is therefore necessary. However, not any interest of
the state would suffice to prevail over the right to religious
freedom as this is a fundamental right that enjoys a preferred
position in the hierarchy of rights.
Incase of conflict between free exercise and the state- The
court adheres to the doctrine of benevolent neutrality.
Reasons:
1. The benevolent neutrality accommodation, whether
mandatory or permissive, is the spirit, intent, and framework
underlying the Philippine Constitution.
2. The benevolent neutrality theory believes that with respect
to these governmental actions, accommodation of religion
may be allowed, not to promote the government’s favoured
religion, but to allow individuals and groups to exercise their
religion without hindrance. The purpose of accommodation is
to remove a burden on, or facilitate the exercise of, a
person’s or institution’s religion.
James Imbong vs Hon. Paquito Ochoa- The court is the
strong view that the religious freedom of health providers
whether public or private, should be accorded privacy.
Accordingly, a conscientious objector should be exempt from
compliance with the mandates of the rh law. If he would be
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compelled to act contrary to his religious belief and
conviction, it would be violative of the “principle of non-
coercion” enshrined in the constitutional right to free
exercise of religion.
VI. LIBERTY OF ABODE AND TRAVEL
SECTION 6. The liberty of abode and of changing the same
within the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the right
to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided
by law.
Silverio vs Court of Appeals- Art III, Sec 6 of the constitution
should be interpreted to mean that while the liberty of travel
may be impaired even without a court order, the appropriate
executive officers or administrative authorities are not armed
with arbitrary discretion to impose limitations. They can
impose limits only on the basis of national security, public
safety, or public health and as may be provided by law.
Liberty of abode and travel- It is the right of the person to
have his home or to maintain or change his home, dwelling,
residence or habitation in whatever place he has chosen,
within the limits prescribed by law and to go whre he pleases
without interference from anyone, except in the interest of
national security, public safety, or public health, as may be
provided by law.
Remedy for violation of said right- Habeas Corpus and
Mandamus, damages.
Cases:
1. Rubi vs Provincial Board of Mindoro
2. Villavicencio vs Lukban
VII. RIGHT TO INFORMATION
SECTION 7. The right of the people to information on
matters of public concern shall be recognized. Access to
official records, and to documents, and papers pertaining to
official acts, transactions, or decisions, as well as to
government research data used as basis for policy
development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
This is without prejudice to the right of aliens to have access
to records of cases where they are involved.
Remedy for violation of right- Mandamus and damages.
VIII. RIGHT OF ASSOCIATION
SECTION 8. The right of the people, including those
employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law
shall not be abridged.
Gesite vs Court of Appeals- In this jurisdiction, employees in
the public service may not engage in strikes, mass leaves,
walkouts, and other forms of mass action that will lead in the
temporary stoppage, or disruption of public service. They
have the right to peaceably to air their grievances, but this
does not include the right to strike.
People vs Hernandez
Membership in a communist party- Mere membership and
nothing more merely implies advocacy of abstract theory or
principle. It becomes criminal only if it is coupled with action
or advocacy of action, namely, actual rebellion, or act
conducive thereto or evincing the same.
In re: Marcial Edillion- Bar integration does not compel a
lawyer to associate with anyone. It is his choice to attend or
not to attend meetings of the IBP, to vote in the election of
officers of the IBP. The only compulsion to which a lawyer is
subjected to is the payment of annual dues. Even on the
assumption that the IBP compels a lawyer to pay his annual
dues, this is justified as a valid exercise of the police power of
the state. Admission to the practice of law is not a right but a
privilege.
IX. TAKING OF PRIVATE PROPERTY FOR PUBLIC USE
SECTION 9. Private property shall not be taken for public use
without just compensation.
Requirements for expropriation
1. Private property is taken for public use.
2. Owner of said property should be paid just compensation.
3. Due process of law shall be observed in the taking of said
property.
4. The taking shall only be exercised by the state or by those
whom the power has been lawfully delegated.
Limitations on eminent domain
1. Dismissal of the expropriation case restores possession of
the expropriated land to the landowner. However, when
possession of the land cannot be turned over to the
landowner because it is neither convenient nor feasible
anymore to do so, the aggrieved landowner can demand
payment of just compensation.
2. If as a result of the acquisition of the right of way and the
installation of power lines, there are consequent limitations
on the use of the land for an indefinite period of time which
would deprive the respondent of the normal use of the
subject property, the latter is entitled to payment of just
compensation which must neither more or less than the
monetary equivalent of the land.
3. When a private property is taken by the government for
public use without acquiring title thereto either through
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expropriation or negotiated sale, the owner’s action to
recover the land or the value thereof does not prescribe.
What may be subject of expropriation- Anything that comes
under the dominion of man. This includes real or personal
properties, tangible and intangible properties. Ex. Franchise,
property of the church
 Everything is not compensable if the taking is
justified under the police power.
Taking is justified and valid exercise of police power- not
compensable
1. To protect public safety.
2. To serve and improve general welfare.
3. Even if losses are sustained, the same are in the nature of
damnum absque injuria.
4. Public nuisances being obnoxious to society.
Taking- Includes physical seizure or appropriation of property
or to the limitation of the use of the property.
Who exercises the power of eminent domain- Is traditionally
vested in the executive arm of the government, but the
executive department cannot proceed to expropriate unless
and until the legislature allows it.
Delegation of the power of eminent domain- General
authority to exercise the right of eminent domain may be
conferred by the legislature upon municipal corporations and
other entities within the state. It may also be delegated to
private entities operating utilities.
Legislature- ED is inherent power
Local government and public utilities- ED is delegated power
or power of inferior domain.
Public Use- It is synonymous with public benefit, public utility,
or public advantage, and to authorize the exercise of the
power of eminent domain to promote such public benefit etc.
especially where the interest involved are of considerable
magnitude.
Whatever may be beneficially employed for the general
welfare satisfies the requirement of public use.
Any use which redounds to the benefit or advantage of the
community or which is for the benefit of public welfare is and
has been considered as public use.
Just compensation- It is the just and complete equivalent of
the loss which the owner of the thing appropriated has to
suffer by reason of the expropriation.
Compensation to the owner- Sum equivalent of the market
value.
Local Government Code- Provides that the amount to be paid
for the expropriated property shall be determined by the
proper court based on the fair market value at the time of the
taking of the property. The value determined by the assessor
may, however be contested in court.
Factors to be considered in arriving at the fair market value
of the property:
1. Cost of acquisition
2. Current value of like properties.
3. Its actual or potential uses
4. In the case of lands the ff are considered:
a. Size
b. shape, location
c. tax declarations
* They will be considered in determining the
consequential damages to be awarded.
Market value- It is the current price, or the general or
ordinary price for which property may be sold in a particular
locality.
Consequential damages- Those damages to his other interest
which can be attributed to expropriation.
Consequential benefit- Refers to the increase in the value of
the interest of the owner attributable to the new use of his
former property.
 Immediate possession of the property subject of
condemnation or expropriation proceeding may be
given to the government even before the financial
ascertainment of just compensation and even before
just compensation is given to any plaintiff.
 Hearing is not required to determine provisional vale
it being sufficient that the owner of the property
sough to be condemned is notified of the
condemnation proceeding.
 How compensation be paid- No constitutional
provision on this. Resort to statutory provisions that
serve as guides to determine the specific form or
manner of paying just compensation
 Congress may approve a law to determine just
compensation. This discretion is subject ot review by
the courts because the amount that could constitute
just compensation is a question of fact which the
court can look into.
In the exercise of the power of eminent domain, the matters
or questions that could be subject of judicial review and
those matters cannot be reviewed by the court.
A. Subject of judicial scrutiny
1. Is the compensation just and adequate
2. Is there genuine necessity of a public character
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3. The report of the commissioners can be reviewed by the
courts.
4. Is the statute directing the expropriation valid?
B. Those which cannot be reviewed by the courts
1. The congress has the power to make a choice of the lands
to be taken to attain an objective.
2. The utility, necessity, and the expediency of the
improvement and the suitableness of the location are
questions for the legislature to determine.
Medium of payment- It is paid in money and no other.
However, in Association of Small Land Owners vs Secretary of
Agrarian Reform, that method was changed. RA 6657
prescribes the method of payment.
Landowners may be paid in cash or in kind.
Cash payment
1. Lands above 50 hectares insofar as the excess hectares is
concerned- 25% in cash, the balance to be paid in
government financial instruments negotiable at anytime.
2. Lands above 24 hectares and up to 50 hectares- 30% cash,
the balance to be paid in government financial instruments
negotiable at anytime.
3. Lands 24 hectares and below- 35% cash the balance to be
paid in government financial instruments negotiable at
anytime.
In kind
1. Shares of stock in government owned or controlled
corporations, LBP preferred shares, physical assets or other
qualified investments in accordance set by the PARC.
2. Tax credits which can be used against any tax liability.
Police power vs Eminent domain
A. Police power
1. Purpose: Property is taken because it is a public nuisance,
being obnoxious to society hence, it is destroyed.
2. Ownership: Although it may and often does take property
in the constitutional sense so that it must be paid for, yet, this
is not accomplished by a transfer of ownership, but by
destroying the property or impairing its value.
3. Compensation: In police power, the owner is not entitled
to compensation.
B. Eminent Domain
1. Purpose: Property is taken because of the benefit which
will inure to the public good.
2. Ownership: Property or right is taken from the owner and
transferred to a public agency to be enjoyed by it as its own
property.
3. Compensation: The owner of the property taken from
public use, is invariably entitled to compensation therefor.
 When compensation fixed- As of the time the
property is taken.
 Taking- When the owner of the property is ousted
therefrom and deprived of its beneficial use.
Properties of a municipal corporation
1. Public property- Owned by the municipality in its public
and governmental capacity.
2. Patrimonial property- Owned by the municipality in its
private or proprietary capacity.
Legua communal or Communal lands- It is a property held by
the municipality for the state in trust for the inhabitants. The
state is free to dispose it at will.
X. PROHIBITION AGAINST IMPAIRMENT OF OBLIGATION OF
CONTRACTS
SECTION 10. No law impairing the obligation of contracts
shall be passed.
Impairment of contract- A law impairs a contract when it
enlarges, abridges, or in any manner change the intentions of
the parties and it is true even if the change is done indirectly.
 No vested rights in particular remedies or modes of
procedure. Because remedies and modes of
procedure is an exercise of the police power of the
state. Besides, it is within the power of the
legislature to enact laws which will provide particular
remedies or modes of procedure if they are in its
judgment necessary under the circumstances.
 If the law is a proper exercise of police power, it will
prevail over a contract.
 A contract may be valid from the time of its
execution but it may be legally modified, or even
invalidated by a subsequent law.
 The legislature cannot bargain away the police
power through the medium of a contract.
XI. FREE ACCESS TO COURTS AND QUASI-JUDICIAL BODIES
AND ADEQUATE LEGAL ASSISTANCE
SECTION 11. Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to
any person by reason of poverty.
It is the collective primary responsibility of all lawyers, judges,
prosecutors, legislators, and executives in government
including all its employees. They should do everything
possible to make their good influence felt by those lower
echelons of government particularly those employed in the
judiciary.
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Indigent party- Is one who is authorized by the court to
prosecute his action or defense as an indigent upon an ex
parte application and hearing showing that he has no money
or property sufficient and available for foo, shelter, and basic
necessities for himself and his family.
Pauper- Is a person so poor that he must be supported at
public expense.
 The Supreme Court, however, gave a broader
meaning to this word, as applied to statutes or
provisions on the right to sue. An applicant for leave
to sue in forma pauperis need not be a pauper. The
fact that he is able-bodied and may earn the
necessary money is no answer to his statement that
he has no sufficient means to prosecute the action
or to secure the costs.
 As distinguished from an indigent, the difference
between paupers and indigent is that the latter are
persons who have no property or source of income
sufficient for their support aside from their own
labor, though self-supporting when able to work and
in employment.
XII. RIGHTS UNDER CUSTODIAL INVESITGATION
SECTION 12. (1) Any person under investigation for the
commission of an offense shall have the right to be
informed of his right to remain silent and to have competent
and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in
writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used against
him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this
or Section 17 hereof shall be inadmissible in evidence
against him.
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and
their families.
Miranda vs Arizona- Miranda Rights in Custodial
Investigation
1. The person in custody must be informed at the outset in
clear and unequivocal terms that he has a right to remain
silent.
2. After being so informed, he must be told that anything he
says can and will be used against him in court.
3. He must be clearly informed that he has the right to
consult with a lawyer and to have the lawyer with him during
the investigation. He does not have to ask for a lawyer. The
investigators should tell him he has the right to counsel at
that point.
4. He should be warned that not only he has a right to consult
with a lawyer but also that if he is indigent, a lawyer will be
appointed to represent him.
5. Even if the person consents to answer questions without
the assistance of counsel, the moment he asks for a lawyer at
any point in the investigation, the interrogation must cease
until an attorney is present.
6. If the foregoing protections and warnings are not
demonstrated during the trial to have been observed by the
prosecution, no evidence obtained as a result of the
investigation can be used against him.
Rights under section 12- Rights under custodial investigation
1. The right to be informed of his right to remain silent.
2. The right to be informed of his right to have competent
and independent counsel preferably of his own choice.
3. The right to be informed if said person cannot afford the
services of counsel, he must be provided with one.
4. No torture, violence, threat, intimidation, or any other
means which vitiates the free will shall be used against him.
Secret detention places, solitary incommunicado or other
similar forms of detention are prohibited.
5. Any confession or admission obtained in violation of this or
sec 17 hereof shall be inadmissible in evidence against him.
6. The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices and
their families.
Only the right to remain silent and to be assisted by counsel
can be waived in writing and in the presence of counsel.
Rights of an accused- Only begins upon arraignment.
Right to remain silent- A person under investigation has the
right to refuse to answer any question. More than this, his
silence may not be used against him.
Right to counsel- The right of a person under investigation is
to have a competent and independent counsel preferably of
his own choice. The purpose of the right to counsel during
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custodial investigation is to preclude the slightest coercion as
would lead the accused to admit something else.
Right to be informed of one’s rights- It is not enough that a
police officer will repeat to the person under investigation
the provisions of the constitution. He must also explain the
effects in practical terms.
The rights are not available in the following circumstances
1. Admission or confession made to a private individual.
2. To a person undergoing audit because an audit examiner is
not a law enforcement officer.
3. To a person who voluntary surrenders to the police and
voluntarily admits the killing. It cannot be considered that the
surrenderee is already in investigation.
Police line-up- Investigation has not yet commenced.
Stage the right to counsel shall commence- From the
moment the investigating officer starts to ask questions to
illicit information or confession or admission.
Re-enactment amounts to disclosure of incriminatory facts,
hence it is covered by the inhibition of section 12.
Custodial investigation- Means any 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.
Spontaneous and voluntary confession is admissible, what
the constitution bars is the compulsory disclosure of
incriminating facts or confessions.
XIII. RIGHT TO BAIL
SECTION 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided
by law. 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.
General rule: Before conviction, all persons shall be bailable
by sufficient sureties. Before conviction, all persons shall be
released on recognizance as may be provided by law.
Exception: Offenses punishable by reclusion perpetua when
evidence of guilt is strong.
Reason for bail- An accused is presumed innocent until his
guilt is proven beyond reasonable doubt by final judgment.
The right to bail gives the accused not only an opportunity to
obtain provisional liberty but also the chance to prepare for
trial while continuing his usual work or employment. The bail
posted for his provisional liberty is, in effect, an assurance,
that the accused will attend the court proceedings,
particularly when his presence is required. The purpose of
bail is to relieve the accused from imprisonment until his
conviction, and at the time his appearance at the trial is
secured.
Basic principles of the right to bail
1. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended.
2. Excessive bail shall not be required.
3. The factors which must be considered to determine bail are
as follows:
1. Ability to post bail
2. Nature of the offense.
3. Penalty imposed by law.
4. Character and reputation of the accused.
5. Health of the accused.
6. Strength of the evidence.
7. Probability of appearing for trial.
8. Prior forfeiture of bonds.
9. The fact that the accused was a fugitive when he
was arrested.
10. The fact that the accused was under bondi in
other cases.
Responsibilities of sureties- When the obligation of bail is
assumed, the sureties become in law the jailers of their
principal. It becomes the responsibility of the sureties to keep
the accused under its surveillance and to see to it that the
accused does not leave our country so he will not be beyond
the reach of court orders and processes.
Bail- Is the security given for the release of a person in
custody of the law, furnished by him or a bondsman,
conditioned upon his appearance before any court as
required under the conditions hereinafter specified.
Different kinds or forms of bail
1. Corporate surety
2. Property bond
3. Cash deposit
4. Recognizance
Recognizance- It is a bond or similar obligation made and
recorded before any court by which a person binds himself to
perform an act or fulfil a condition at a specified time.
Conditions of the bail
1. Before conviction- The accused shall answer the complaint
or information in court in which it is filed or to which it may
be transferred for trial.
2. After conviction- The accused will surrender himself in
execution of the judgment that the appellate ccourt may
render.
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3. In case of a new trial- The accused will appear in court to
which it may be demanded and submit himself to the orders
and processes thereof.
Effect of non-performance of said conditions- The bond
given in security thereof may be forfeited.
Imposition of other conditions- Discretionary to the court.
The court may restrict the right to travel, may require the
accused to make himself available at all times whenever the
court requires his presence, or the court can increase the
amount of the bail bond.
Bail as a matter of right- Bail is a matter of right, whether the
accused is charged or not yet charged. From the moment he
is placed under arrest. Detention, or restraint by officers of
the law, he can claim his right to bail and he retains this right
unless and until he is charged with a capital offense and the
evidence of guilt is strong.
Bail discretionary- After conviction. Because the said
judgment of conviction is an indication that the evidence of
guilt is strong.
Posting of bail bond is waiver of any irregularity attending
the arrest of a person- Because of this waiver, the accused is
estopped from questioning the validity of his arrest. This
ruling however, is not applicable when the furnishing of the
bond is prompted by the sheer necessity of avoiding further
detentions.
Harvey vs Defensor- Santiago
Bail is only available in criminal proceedings and not in
administrative proceedings such as a deportation proceeding.
The right to bail is not a matter of right but discretionary on
the part of the commission on immigration and deportation.
When bail not available
1. If a person is accused of an offense which is punishable by
reclusion perpetua and the evidence of guilt is strong.
2. If a person is accused of a capital offense when the
evidence of guilt is strong.
3. Not available in the military for reasons of national
security.
Reclusion perpetua vs Life imprisonment
Reclusion perpetua
1. The duration is from 20 years and 1 day to 40 years.
2. Reclusion perpetua is a penalty imposed under the Revised
Penal Code.
3. Reclusion perpetua carries accessory penalties.
Life imprisonment
1. Indefinite.
2. Penalty imposed by special laws.
3. Does not carry accessory penalties.
Waiver of right to bail- An accused who chooses to remain in
legal custody is deemed to have abandoned or relinquished
his right to bail.
Cancellation of bail- Bail shall automatically cancelled upon
acquittal of the accused, dismissal of the case or execution of
the judgment of conviction.
XIV. RIGHTS OF THE ACCUSED
SECTION 14. (1) No person shall be held to answer for a
criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet
the witnesses face to face, and to have compulsory process
to secure the attendance of witnesses and the production of
evidence in his behalf. 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.
Rights of the accused in all criminal prosecutions
1. The accused shall be presumed innocent until the contrary
is proved.
2. The accused shall enjoy the right to be heard by himself
and counsel.
3. To be informed of the nature and cause of accusation
against him.
4. To have speedy, impartial, public trial.
5. To meet adversaries face to face.
6. Have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
Trial in absentia- After arraignment, trial may proceed
notwithstanding the absence of the accused provided:
1. He has been duly notified
2. His failure to appear is unjustifiable.
These rights are available to the accused from the time a
complaint or information is filed against him in court
imputing the commission of the offense up to and until he is
convicted.
Rights before trial (filing of the complaint- before arrest)
1. Entitled to a preliminary investigation to determine
whether there is a sufficient ground to engender a well-
founded belief that the crime alleged has been committed.
2. Person is arrested in flagrante delicto or surrenders to the
authorities, he is entitled to counsel from the moment of
arrest or surrender and he may not be asked questions in
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connection with the offense without the assistance of
counsel. Because, he is, at the time, under custodial
investigation, and he has therefore the right in section 12.
3. When the accused is arrested, he may exercise his right to
bail as long as the offense committed is not punishable by
reclusion perpetua and the evidence of guilt is not strong.
4. If by virtue of an irregular warrant, the accused is arrested,
he may ask that the same be quashed.
5. If the accused is detained due to his inability to post bail,
he is entitled to be visited by his counsel. He may confer with
his counsel at any hour of the day, or even at night, in urgent
cases.
Rights of the accused during trial (After the case was filed in
court)
1. To be presumed innocent until his guilt is proved.
2. Entitled to know the nature and cause of accusation
against him (arraignment)
3. After a plea has been entered, the litigation process starts.
The trial is called and the accused is entitled to be heard by
himself and counsel.
4. During the trial, the accused is entitled to a speedy,
impartial, and public trial, to meet the witnesses face to face
and to have compulsory process to secure the attendance of
the witnesses and the production of evidence in his behalf.
Rights after trial (in conviction)
1. He can appeal his case.
2. Entitled to the right against the imposition of excessive,
cruel, degrading, or inhuman punishment.
3. If either convicted or acquitted, or the case against him is
dismissed, without his consent, he enjoys the protection of
the double jeopardy clause.
6 rights in section 14- Rights of the accused
1. Presumption of innocence.
2. Enjoyment of the right to be heard by himself and counsel.
3. Informed of the nature and cause of accusation against
him.
4. Speedy and impartial and public trial.
5. Meet the witnesses face to face.
6. To have compulsory process to secure the attendance of
witness and production of evidence on his behalf.
Presumption of innocence
1. The prosecution has the burden to prove the guilt of the
accused beyond reasonable doubt.
2. The prosecution must rely on the strength of his evidence
and not in the weakness of the defense.
3. The right to be presumed innocent must be offset by guilt
beyond reasonable doubt.
4. Any doubt as to the guilt of the accused must be resolved
in his favor and against the state.
Presumption of innocence can be overcomed by the
following:
1. Strongest evidence that removes all doubts about one’s
guilt.
2. The accused pleads guilty in open court.
3. Guilt of the accused is proven beyond reasonable doubt.
Guilt beyond reasonable doubt
1. Proof against the accused must survive the test of reason,
the strongest suspicion must not be permitted to sway
judgment.
2. The conscience must be satisfied that on the defendant
could be laid the responsibility for the offense charged.
3. The accused need not only perpetrate the act but such act
amounted to a crime.
4. Moral certainty is required.
Counsel de oficio- The court, considering the gravity of the
offense and the difficulty of the questions may arise, shall
appoint as counsel de oficio only such members of the bar in
good standing who, by reason of their experience and ability
may adequately defend the accused. But in the localities
where such members are not available, the court may
appoint any person, resident of the province and of good
reputation for probity and ability to defend the accused.
To be informed of the nature and cause of accusation
against him- The accused cannot be convicted of a offense
not charged or included in the information.
Speedy, impartial, public trial- Speedy trial is one that can be
had as soon as after indictment is filed as the prosecution can
with reasonable diligence prepare for trial. While the accused
do have rights, many of them choose to forget that the
aggrieved party also have rights.
Factors to be considered in determining a speedy trial
1. Length of delay
2. Reason for the delay
3. Assertion of the right and failure to assert it
4. Prejudice caused by the delay
Remedy for violation of the right to a speedy trial- Dismissal
of the case or if accused is under detention, habeas corpus.
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Public trial- Trial in the chambers of a judge not a violation of
the right. Anyone interested in observing the manner a judge
conducts the proceedings in the court ma do so.
Exception to a public trial- The judge may motu propio
exclude the public from the courtroom if the evidence to be
produced during the trial is offensive to the decency of public
morals. He may also on motion of the accused, exclude the
public from the trial except court personnel and the counsel
of the accused.
Right to confront- No available in preliminary investigation.
Compulsory process 2 modes
1. Subpoena adtestificandum- Persons who will testify on his
behalf.
2. Subpoena duces tecum- For the production of documents
or papers in the possession of third persons.
Prejudicial publicity- To warrant a finding of this, there must
be allegation and proof that the judges have been unduly
influenced, not simply that they might be, by the barrage of
publicity.
People vs Narajos- for as long as the judge decides the case
based on the evidence submitted during the trial and based
on the records of the case, he can render a fair decision. A
judge can decide fairly even if he is not the one who tried the
case.
XV. WRIT OF HABEAS CORPUS
SECTION 15. 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.
Writ of habeas corpus- It is a writ or order directed to the
person detaining another and commanding him to produce
the body of the prisoner at a certain time and place, with the
day and cause of his detention, to do, to submit to, and
receive whatsoever the court or judge awarding the writ shall
consider in that behalf.
Instances when the writ of habeas corpus may be availed:
1. There has been a deprivation of a constitutional right
resulting in a restraint of a person.
2. The court has no jurisdiction to impose the sentence.
3. An excessive penalty has been imposed, in which case the
sentence is void as to such excess.
Preliminary citation to show cause why the writ should not
issue vs Peremptory writ of habeas corpus
Preliminary citation- Refers to a situation where the illegality
of one’s detention is not patent from the petition, and for this
reason the court issues a citation to the government officer
who has custody of said person to show cause why the writ
should not issue.
Peremptory writ- Issued when the cause of detention
appears to be patently illegal and non-compliance is
punishable.
Suspension of the privilege of the writ 2 cases
1. Invasion
2. Rebellion when the public safety requires it.
* Only the privilege is suspended not the writ itself
Limitations of the suspension of the writ
1. It must not exceed 60 days. If the invasion or rebellion still
persists after 60 days, congress may extend the period upon
the initiative of the president, and the period of extension is
to be determined by congress.
2. Congress may revoke the suspension made by the
president by at least a vote of the majority of the members of
congress, voting jointly, which revocation may not be set
aside by the president.
3. The suspension of the privilege of the writ is subject to
judicial review upon petition of any citizen.
4. The suspension of the privilege of the writ shall apply only
to persons judicially charged for rebellion or offenses
inherent or directly connected with invasion.
5. Persons detained or arrested during the suspension of the
privilege of the writ shall be judicially charged within 3 days
otherwise, he will be released.
XVI. SPEEDY DISPOSITION OF CASES BEFORE ALL JUDICIAL,
QASI JUDICIAL, OR ADMINISTRATIVE BODIES
SECTION 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
Speedy trial vs Speedy disposition of cases
Speefy Trial
1. It is provided under Art III Sec 14
2. In criminal prosecutions at the trial stage.
Speedy disposition of cases
1. Provided under Art III Sec 16
2. Covers all phases of the proceedings whether judicial,
quasi-judicial, or administrative. Broader in scope.
 There is no hard and fast rule on how long a case
should be tried or disposed of, except that in order
to avoid delays the rules of court and rules of
administrative bodies have fixed several periods
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 within which to file answers, appeals, and other
responsive pleadings.
XVII. RIGHT AGAINST SELF-INCRIMINATION
SECTION 17. No person shall be compelled to be a witness
against himself.
The right is a mandatory and substantive right established on
broad grounds of public policy and humanity.
Basic purposes of the privilege:
1. For humanitarian reasons, to prevent a witness or accused
from being coerced, whether physically, morally, and or
psychologically into incriminating himself.
2. To protect the witness or accused from committing perjury,
because the first law of nature is self-preservation.
It is available not only in criminal proceedings but also in
other proceedings.
Scope of the right against self-incrimination- The protection
is therefore only against being compelled to testify against
himself. For this reason, the weight of authority is to the
effect that a person may be compelled to submit himself for
physical examination to determine his involvement in the
offense he allegedly committed.
The constitutional right only extends to testimonial
compulsion and not when the body of the accused is
subjected to examination. Mechanical acts only are covered.
It is a personal right that may be waived either directly or by a
failure to invoke it, provided that the waiver is certain and
made willingly and intelligently.
It is not available to juridical persons.
XVIII. FREEDOM OF POLITICAL BELIEF AND FREEDOM
AGAINST INVOLUNTARY SERVITUDE
SECTION 18. (1) No person shall be detained solely by reason
of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as
a punishment for a crime whereof the party shall have been
duly convicted.
Salonga vs Pano- Political discussions even among those
opposed to the present administration is within the
protective clause of freedom of speech and discussion. The
same cannot be construed as subversive activities per se or as
evidence of membership in subversive organizations.
Involuntary servitude- It is a condition where one is forced to
work for another against his will and whether he is paid or
not.
When involuntary servitude is permissible
1. If it is a punishment for a crime whereof he is duly
convicted.
2. If it is required to defend the state.
3. If it is so needed under the principle of posse comitatus.
No involuntary servitude in a return to work order- If they
choose not to obey the order, they have to give up their
work. They obey if they don’t want to give up their work.
XIX. RIGHT AGAINST EXCESSIVE FINES, DEGRADING OR
INHUMAN PUNISHMENT
SECTION 19. (1) Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment inflicted. Neither
shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
(2) 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.
A fine is considered excessive where it is clearly shown that
the nature of the violation compared with the fine is
disproportionate or if it exceeds the utmost limit of
punishment which the vindication of the law demands.
Punishment is cruel if it is flagrantly and plainly oppressive,
wholly disproportionate to the nature of the offense as to
shock the moral sense of the community or when it involves
torture or lingering death.
Louisiana vs Resueber- The claim of the convict that he was
being subjected to a cruel and degrading punishment was not
sustained on the basis of a mechanical failure in the electric
chair that his death penalty was not executed. There was no
purpose to inflict unnecessary pain involved in the repetition
of the execution.
XX. RIGHT AGAINST IMPRISONMENT FOR DEBT OR NON-
PAYMENT OF POLL TAX
SECTION 20. No person shall be imprisoned for debt or non-
payment of a poll tax.
Poll tax- It is a tax fixed upon all persons or upon persons of
certain class, resident within a specific territory, without
regard to their property or their occupation.
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XXI. DOUBLE JEOPARDY
SECTION 21. 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.
Double jeopardy- When an accused is either acquitted or
convicted, or the case against is dismissed or otherwise
terminated without his express consent, by a court of
competent jurisdiction, upon a complaint or information or
when a formal charge sufficient in form and substance to
sustain a conviction and after the accused had pleaded to the
charge, the conviction or acquittal of the accused or the
dismissal of the case shall be a bar to another prosecution for
the same offense.
Reason for this rule- It is a safeguard against a second
prosecution for the same offense. Without the rule on double
jeopardy, an accused will be at the mercy of the complainant
and his witnesses thereby subjecting him to a never ending
charge which the malice of the complaining witness might
hold indefinitely suspended over his head.
Requisites to constitute double jeopardy
1. There must be a valid complaint or information.
2. The complaint or information must be filed in a court of
competent jurisdiction.
3. The accused has pleaded guilty to the charge.
4. The accused has been acquitted or the case dismissed or
terminated without his express consent.
Valid complaint or information
1. It is in writing in the name of the people of the Philippines.
2. It is subscribed by the offended party, any peace officer or
public officer charged with the enforcement of the law.
3. It complies with the elements of sufficiency of complaint or
information as provided in section 6 Rule 110 of the Rules of
Court.
Accused pleaded to the charge- Unless and until an accused
has pleaded to the charge against hi,, he cannot invoke
double jeopardy. Hence, if the complaint against him was
dismissed before he has pleaded, he cannot invoke double
jeopardy.
The defense of double jeopardy will be available to the
accused where the dismissal of the case against him even
with his express consent was based on
1. Insufficiency of evidence
2. Denial of his right to speedy trial.
Because, the dismissal is considered in the nature of an
acquittal.
To constitute double jeopardy both cases must be criminal.
Liability under BP 22 without prejudice to any liability for
violation of any provision of the revised penal code.
XXII. RIGHT AGAINST EX POST FACTO LAW AND BILL OF
ATTAINDER
SECTION 22. No ex post facto law or bill of attainder shall be
enacted.
Ex post facto- From something done afterwards. Is any law
which makes an innocent act a crime after the act was
committed.
Kinds of ex post facto law
1. Every law that makes a criminal action done before the
passage of the law and which was innocent when done, and
punishes such an action.
2. Every law that aggravates a crime or makes it greater thatn
when it is committed.
3. Every law that changes punishment, and inflicts greater
punishment than the law annexed to the crime when
committed.
4. Every law that alters the legal rules of evidence, and
receives less or different testimony than the law required at
the time of the commission in order to convict the offender.
5. Every law which assuming to regulate civil rights and
remedies only, in effect imposes a penalty or the deprivation
of a right for something which, when done, was lawful.
6. Every law which deprives persons accused of crime of some
lawful protection of a former conviction or acquittal or of a
proclamation of amnesty.
Characteristics of ex post facto law
1. Relates to criminal matters.
2. Retroactive in its operation.
3. Alters the situation to the accused party to his
disadvantage.
4. Its enforcement is prejudicial to the accused.
Reason: Criminal laws cannot be applied retroactively
because an accused cannot be held liable for an act which at
the time of its commission was not punishable. There is no
crime when there is no law punishing it.
Bill of attainder- It is a legislative act which inflicts
punishment without such trial.
Purpose of prohibition of a bill of attainder- Is to implement
separation of powers. The task of the legislature is to enact
laws and not to pronounce the guilt of a party through
legislation. It cannot undertake trial by legislation.
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PART 2- ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS,
AND ELECTION LAWS
I. ADMINISTRATIVE LAW
Administrative law- Is the branch of public law which fixes
the organization and determines the competence of
administrative authorities, and indicates to the individual
remedies for the violation of his rights.
Administrative law in the Philippines (Gonzales vs Land Bank
of the Philippines)
1. It is a branch of public law
2. These “boards”, “bureaus”, “commissions”, “authority”,
“office”, and “administration”.
3. These boards, bureaus, commissions, authority, office and
administration can exercise quasi-legislative and quasi-judicial
powers and functions in the sense that they can issue rules
and regulations not contrary to the guidelines set up by law
and they can resolve the issues or the cases submitted to
them.
4. Administrative regulations and policies enacted by
administrative bodies to interpret the law which they are
entrusted to enforce have the force of law and are entitled to
great respect. They have in their favour a presumption of
legality.
5. In the resolution of cases or issues presented to
administrative bodies and offices, they are not bound by the
technical rules of evidence. Strict observance of the same is
not indispensable in administrative cases.
6. An administrative decisions may properly be amended or
set aside only upon clear showing that the administrative
official or tribunal has acted with grave abuse of discretion
amounting to lack or excess of jurisdiction. There is an abuse
of discretion when the same was performed in a capricious or
whimsical exercise of judgment which is equivalent to a lack
of jurisdiction. The abuse of discretion must be so patent and
gross as to amount to an evasion of positive duty or to a
virtual refusal to perform a duty enjoined by law, such as
when the power is exercised in an arbitrary or despotic
manner by reason of passion of personal hostility. (Heirs of
Tanjuan vs Office of the President)
7. Factual findings of administrative bodies should be
accorded with not only with respect but also finality of they
are supported by substantial evidence even if not
overwhelming or preponderant. (Casa Filipino Realty
Corporation vs Office of the President)
8. Although findings of facts of an administrative agency is
persuasive in courts and carries with it a strong presumption
of correctness, nonetheless, the interpretation and
application of laws is the court’s prerogative. (Prudential Bank
vs Serrano)
9. Administrative remedies should first be exhausted before
filing a petition for relief. (Walstrom vs Mapa)
10. On purely legal question, however, the aggrieved party
need not exhaust administrative remedies. Nothing of an
administrative nature is to be done or can be done in the
administrative forum. (Prudential Bank vs Serrano)
11. If a case is such that its determination requires the
expertise, specialized skills, and knowledge of the proper of
the proper administrative bodies because technical matters
or intricate questions of facts are involved, then relief first be
obtained in an administrative proceeding before a remedy
will be supplied by the courts even though the matter is
within the proper jurisdiction of a court. (Industrial
Enterprises inc, vs Court of Appeals)
Origins of Administrative laws
1. Statutes
2. Increase of government functions and concerns.
3. Necessity of government control and regulation
Sources of Administrative laws
1. The Constitution.
2. Statues creating administrative bodies.
3. Court decisions.
4. The body of rules, regulations, and orders issued by
administrative agencies.
Administrative Bodies or Agencies in the Philippines
1. Administrative bodies for regulation under police power.
1. Commission on Immigration and Deportation
2. Securities and Exchange Commission
3. Professional Regulation Commission
4. Bureau of Food and Drugs
5. Housing and Land Use Regulatory Board.
6. Board of Food Inspectors
7. Monetary Board
8. Land Transportation Office
2. Administrative bodies for regulation of public utilities
1. Land Transportation Franchising and Regulatory
Board
2. National Telecommunications Commission
3. Board of energy
4. National Water and Resources Council
5. Civil Aeronautics Board
6. Board of Marine Inquiry
3. Administrative bodies to carry on governmental functions
1. Bureau of Internal Revenue
2. Bureau of Customs
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 3. Civil Service Commission
4. Board of Special Inquiry
5. Bureau of Lands
6. Land Registration Authority
4. Administrative bodies that adjudicates and decides
industrial controversies.
1. National Labor Relations Commission
2. Philippine Overseas Employment Adjudication
Office
3. Human Settlement regulatory Commission or the
HLURB
5. Administrative bodies making the government a private
party
1. Commission on Audit.
2. Social Security System Adjudication Office
6. Administrative Bodies that grant privileges
1. Philippine Veterans Affairs Office
2. Board of Pardons and Parole
3. Bureau of Lands
4. Land Transportation and Franchising Regulatory
Board
2 Aspects of Administration
1. Internal Administration- This includes the legal structure
or organization of public administration and the legal aspects
of each institutional activity.
2. External Administration- This is concerned with the
problem of administrative regulations or the exercise of
power for carrying out the ends for which such powers were
delegated.
Administration- It is an activity of the executive officer of the
government. The government administers when it appoints
an officer, instructs its diplomatic agents, assesses, collects its
taxes, drills its army, investigates a case of the commission of
a crime and executes the judgment of the court.
Administration is thus found in all the manifestation of
executive action.
Administration as presently understood, refers to the
aggregate of those persons in whose hands the reigns of
government are for the time being. (US vs Dorr)
Administration and Politics
Administration has something to do with the execution of the
policies of the state. Execution of said policies is entrusted to
the body of officers, called administrative officers.
Politics has something to do with the policies or expressions
of the state’s will.
Administration and law
Administration achieves public security by preventive
measures. It selects a hierarchy of officials to each of whom
definite work is assigned, and it is governed by ends rather
than the rules. It is a personal. Hence, it is often arbitrary and
subject to the abuse incident to personal as contrasted with
the impersonal or law-regulated action.
Law operates by redress or punishment rather than by
prevention. It formulates general rules of action and visits
infraction of these rules with penalties. It does not supervise
action. It leaves individuals free to act, but imposes pains on
those who do not act in accordance with the rules prescribed.
Administration of government and administration of justice
Administrative officers who are charged with the
administration of government determine what is the law to
find out whether they are competent to act and if so,
whether it is wise for them to act.
The judicial officers who are charged with the administration
of justice decides controversies between individuals and
government officers as to the applicability in the cases in a
question of a particular rule of law. Hence, they determine
what law is applicable to the facts brought before them.
Administration as an organization and government
Administration refers to that group of aggregate of persons in
whose hands, the reigns of government are for the time
being. It indicates the entire administrative organization
extending down the chief executive to the most humble of his
subordinates. It is thus the totality of the executive and
administrative authorities.
As an element of the state, a government is defined as that
institution or aggregate of institutions by which an
independent society makes and carries out those who
possess the power or authority of prescribing them.
Nature of administrative agencies- An administrative agency
is an organ of government entrusted with the task of enacting
specific rules and regulations to effectuate the purpose of the
statute creating it. Its functions and powers are quasi-
legislative or quasi-judicial, or in some instances, it acts as an
agent of the executive branch of the government, in which
case, it is entrusted with the duty to exercise executive and
administrative functions.
2 Principal powers and functions of administrative agencies.
1. Rule-making power or quasi-legislative function
2. Power of adjudication or quasi-judicial function
Legislative control over administrative agencies
The legislative branch of government enacts the law that
creates an administrative agency.
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1. It prescribes the mode of appointment, the term of office
and the compensation.
2. It fixes the authority and procedure
3. It determines the size of its personnel and staff
4. It exercises continuing surveillance over its activities
5. It may investigate its operation for remedial/corrective
legislation.
A. QUASI-LEGISLATIVE OR RULE_MAKING POWER
Different kinds of administrative rules and regulations
1. Supplementary or detailed legislation- They are rules and
regulations to fix the details in the exception and
enforcement of a policy set out in a law.
2. Interpretative legislation- They are rules and regulations
construing or interpreting the provisions of a statute to be
enforced and they are binding on all concerned until they are
changed. They have the effect of law and are entitled to great
respect, they have in their favour a presumption of legality.
The erroneous application of the law by public officers does
not bar a subsequent correct application of the law.
3. Contingent legislation- They are rules and regulations
made by an administrative authority on the existence of
certain facts or things upon which the enforcement of the law
depends. It is issued on account of the concurrence of a
certain contingency, as determined by the administrative
agencies of the government. On the basis of the latter’s
determination, the operation of law may either be enforced
or suspended.
Requisites of a valid administrative rule or regulation
1. It must be promulgated by the legislature.
2. It must be within the scope of authority given by the
legislature.
3. It must be promulgated in accordance with the prescribed
procedure.
4. It must be reasonable.
Authority to promulgate an administrative regulation- This is
granted either by the charter itself or an administrative body,
or by the law it is supposed to enforce. Hence, any and all
administrative regulations issued by the administrative
agency should not be contrary to the said charter or law that
creates them, and that they should be in conformity with the
standards prescribed by law.
Rules must be within the scope of legislative authority-
Rules and regulations which are beyond the limits or
legislative authority are not valid rules and regulations. It has
been the consistent rule of the Supreme Court that rules and
regulations are valid only when they are within the
framework of the policy which the legislature seeks to
implement. An administrative agency cannot amend an act of
congress.
3. It must be promulgated in accordance with the prescribed
procedure- Administrative regulations of general application
does not require previous notice and hearing except where
the legislature itself requires it and mandates that the same
shall first require the ascertainment of facts elicited from an
appropriate investigation.
Previous notice and hearing- Not required in the
promulgation of administrative rules and regulations unless
the legislature requires it or unless the regulation is in effect a
settlement of a controversy between specific parties in which
case it is considered as an administrative adjudication, hence,
it will require notice and hearing.
Philippine Consumers Foundation Inc., vs Secretary of
education, culture, and sports- When the administrative
agency prescribes the rates in the exercise of its legislative
functions, prior notice and hearing to the affected parties is
not a requirement of due process. However, when said rates
are prescribed by an administrative agency in the exercise of
a quasi-judicial function, prior notice and hearing are
essential to the validity of said rates.
Rules are legislative in character - When the rules or rates
issued or prescribed by an administrative agency are meant
to apply to all enterprises of a given kind throughout the
country, they partake of a legislative character.
Rules are quasi-judicial in character- Where the duties and
the rates imposed apply exclusively to a particular party,
based upon a finding of fact, then its function is quasi-judicial
in character.
4. Administrative rule or regulation must be reasonable- An
administrative rule or regulation must be reasonable, not
arbitrary and capricious. The reasonableness of a regulation
depends on the reason or purpose for which a regulation is
issued.
Requisites for a valid administrative regulation with a
penalty
1. The law itself which authorizes administrative authorities
to issue the same must declare as punishable the violation of
the rules and regulations under its authority.
2. The law should define or fix the penalty for the violation of
the said rules and regulations.
3. Publication of said rules and regulations must be made.
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Publication requirement of all laws as a condition for their
effectivity
What should be published
1. All statutes, including those of local application and private
laws.
2. Presidential Decrees and executive orders promulgated by
the president in the exercise of legislative powers whenever
the same are validly delegated by the legislature or at
present, directly conferred by the constitution.
 Publication must be in full or it is no publication at all
since its purpose is to inform the public of the
contents of the law.
 The law shall be published in the Official Gazette and
not just in newspapers of general circulation.
 A law takes effect after 15 days following the
completion of their publication either in the official
gazette or in a newspaper of general circulation in
the Philippines, unless it is otherwise provided. The
phrase unless otherwise provided means that the
law can provide that when shall it become effective,
but in no case can it provide that it shall take effect
immediately without publication.
 Publication of administrative laws- depends on the
purpose. If the purpose is to implement an existing
law, they must be published. If the administrative
regulation is of general circulation or penal in nature,
it should be published. If the regulation is merely
interpretative or merely internal in nature, they
need not be published.
 The 15- day period is counted from the date of
release for circulation of the edition in the Official
Gazette, not from the date or printed date of the
edition of the Official Gazette.
Powers and functions exercised in the course of exercising
quasi-legislative powers.
1. Enabling powers- They are the powers that enable an
administrative agency to do an act which the law precisely
entrust to it.
2. Summary powers- They are those powers exercised by
administrative authorities to perform coercive measures
upon persons or things without the need of securing judicial
warrant.
3. Examining powers- This is the power of an administrative
agency to examine and inspect books, papers, and records to
investigate activities of persons under its jurisdiction.
4. Dispensing power- This is the power of an administrative
officer to grant exemption from the performance of a general
duty.
Tests to determine whether a given power has been validly
exercised by a particular department
1. Whether or not the power in question, regardless of its
nature is granted by the constitution to the department
which seeks to exercise such power. If it is granted by the
constitution the exercise of power is valid.
2. If the power sought to be exercised is not expressly
conferred by the constitution, can the power sought to be
exercised be reasonably inferred from, or is it necessary to
the proper exercise of the express power granted to the
department seeking to exercise said power, hence, justified
under the doctrine of implication.
Doctrine of implication- Means that even in the absence of
an express conferment, the exercise of a given power may be
justified or reasonably inferred from the express power
already granted, or that it may be necessary to the proper
exercise of the express power granted to the department
seeking to exercise such power.
3. If the power sought to be exercised is not granted by the
constitution, either expressly or impliedly, can its exercise be
justified as inherent or incidental? If they are, the exercise of
said power may be sustained.
4. Assuming that the power of the act sought to be
performed is expressly or impliedly granted by the
constitution, or that it is justified as inherent, the fourth is
whether or not the act of power in question has been
performed in accordance with the rules laid down by the
constitution.
Quasi- legislative power- Is the power of subordinate
legislation. It is the power of administrative agencies to issue
administrative rules and regulations in order to implement
the law and the legislative policy fixed by the legislature.
Guidelines to observe in order to insure that there is a valid
delegation of power
1. A policy- The determination of a legislative policy is vested
in the legislature and this cannot be delegated to an
administrative agencies. It must be clearly declared in the
language of the statute and should not be left to the
discretion of the said administrative agencies.
2. Definite standard by which the executive or administrative
officer or board may be guided in the exercise of his
discretionary authority. The statute must pronounce a
definite standard which will guide the administrative agency
concerned. A standard defines the policy fixed by the
legislature and marks and limits.
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Legislative regulations vs Interpretative regulations
Legislative- What is employed in promulgating this regulation
is not the discretion to determine what the law shall be, as
this is exclusively vested in the legislature, but the discretion
on how the law shall be enforced.
Interpretative- They constitute the administrator’s
construction of a statute and they are valid if they construe
the statute correctly. If not, they are subject to judicial
review.
B. QUASI-JUDICIAL POWER
Quasi- judicial power is the power of an administrative
agency to hear, determine, and make findings of facts, and to
resolve the case presented to it on the basis of the said
findings of facts and on the basis of its interpretation of the
laws and jurisprudence concerning the issues of the case,
subject only to the power of the courts to review and
scrutinize the same on questions of law and jurisdiction.
Limitation to the legislature when it grants quasi-judicial
power to an administrative agency- The legislature must
state its intention in express terms that would leave no doubt
that the power and jurisdiction being transferred are not
those vested in the courts but only those powers and
jurisdiction which are incidental to or in connection with the
performance of administrative duties.
Main function is to enforce the law, the exercise of quasi-
judicial power is only incidental to their main function of
enforcing the law.
Powers under Quasi-Judicial power
1. Determinative powers
a. Enabling powers- Powers of administrative bodies
act, to grant, or deny applications for licenses to
engage in a particular business or occupation.
b. Directing powers- Powers of administrative
agencies to see to it that laws and regulations are
duly complied with.
1. Dispensing powers- Authority to grant
exemption, or be relieved from complying
with a law or regulation.
2. Examining powers- This refers to the
investigatory or inquisitorial powers of
administrative agencies which includes the
following
a. Power to conduct inspection of
accounts, records, documents, and
other papers relative to its
investigation
b. Power to obtain other
information which it finds relevant
to a matter being investigated.
c. Power to issue subpoena and
notices.
d. Power to sear and interrogate
witnesses.
e. Power to inspect premises.
f. Power to require written
answers to questionnaires.
g. Power to require periodic or
special reports
h. Power to require the filing of
statements.
2. Summary powers- This refers to the power of an
administrative agency to apply compulsion or force against a
person or property without the need for prior judicial
warrant.
Nature of a judicial proceeding- They partake the nature of
judicial proceedings because they involve the task of hearing,
taking, and evaluating the evidence, and the making of actual
findings based on the evidence presented, and issuing the
order or decision on the basis of the said findings and their
interpretation of the law entrusted to their enforcement,
subject only to the ultimate power of the courts to review the
same on questions of law and jurisdiction.
Adversarial proceeding- When the order of an administrative
agency is in favour of one person or party against the other.
Ex-parte proceeding- If there is an urgent and compelling
reason to take an immediate action on a matter that is
injurious to public interest, health, and sanitation, public
safety and morals.
Jurisdiction- Is the authority to hear and determine a case.
The right to act in a particular case.
Classifications of jurisdiction
1 General- Extends to all controversies which may be brought
before a court within the legal bounds of rights and remedies.
2. Limited or Special- Jurisdiction which is confined to
particular cases, or which can be extended only under the
limitations and circumstances prescribed by law.
3.Original- Jurisdiction conferred upon, or inherent in a court
of first instance.
4. Appellate- Power and authority conferred upon in a
superior court to rehear and determine cases which have
been tried in the lower court, or the review by a superior
court of the final judgment or order of some lower courts.
5. Exclusive- Jurisdiction conjoined to a particular tribunal or
grade of courts to the exclusion of others.
6. Criminal- That which exist for the punishment of crimes.
7. Civil- That which exists for the determination of
controversies that are civil in character.
8. Territorial- The power of the tribunal considered with
reference to the territory within which it is to be exercised.
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  The factual findings of said administrative boards,
bureaus, and offices are final if they are supported
by substantial evidence. They are, however,
appealable on questions of law and jurisdiction.
Doctrine of finality of administrative decisions
1. Administrative action must have been fully completed
before a decision of an administrative body may be subject of
judicial review. Otherwise, it will only cause delay of the
disposition of administrative proceedings.
2. Courts may intervene prior to the completion of an
administrative action:
1. When the administrative officer assumes to act in
violation of the constitution and other laws.
2. When the questioned order is not reviewable in
any other way, and the complainant will suffer great
and obvious damage if the order is carried out, or
when such relief is expressly allowed by law.
3. When the questioned order is made in excess of
power and therefore a deprivation of a right granted
by the statute.
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 of law for reasons of law, comity,
and convenience, will not entertain a case unless available
administrative remedies have been resorted to and the
appropriate authorities have been given opportunity to act
and correct errors committed in the administrative forum.
Consequence of non-observance of exhaustion of remedies-
It results in a lack of cause of action which is one of the
grounds allowed in the Rules of Court for the dismissal of the
complaint.
It is not jurisdictional, failure to invoke it operates as a waiver
of the objection as a ground for a motion to dismiss and the
court may then proceed with the case as if the doctrine had
been observed. (Sunville Timber Products vs Judge Abad)
Under the principle of separation of powers- the doctrine is
based.
Exceptions in observance of the doctrine of exhaustion of
administrative remedies
1. Where there is violation of due process.
2. When the issue involve is purely legal.
3. When the administrative action is patently illegal
amounting to lack or in excess of jurisdiction.
4. When there is estoppel on the part of the administrative
agency concerned.
5. When there is irreparable injury.
6. When the respondent is a department secretary whose
acts as an alter ego of the President bears the implied and
assumed approval of the later.
7. When to require exhaustion of administrative remedies
would be unreasonable.
8. When it would amount to a nullification of the claim.
9. When the subject matter is a private land in land case
proceedings.
10. When the rules does not provide a plain, speedy, and
adequate remedy.
11. When there are circumstances indicating the urgency of
judicial intervention.
12. When the involved claim is small.
13. When strong public interest is involved.
14. In quo warranto proceedings.
15. When the issue is rendered moot and academic.
Doctrine of Primary Jurisdiction- It dictates that courts
cannot determine a dispute on a question requiring the
special knowledge and expertise of the administrative
tribunals.
Judicial process in suspended pending referral of such issues
to the administrative body for its review, when a claim
originally cognizable in court requires the resolution of issues
which under a regulatory scheme, have been placed within
the special competence of an administrative body.
Rationale for the observance of the doctrine
1. Uniformity and consistency in the regulation of business
entrusted to an administrative agency are secured.
2. The limited function of review by the judiciary are more
rationally exercised, by preliminary report for ascertaining
and interpreting the circumstances underlying legal issues to
agencies that are better equipped than courts by
specialization, by insight gained through experience, and by
more flexible procedure.
Difference: Exhaustion of remedies and primary jurisdiction
Exhaustion of remedies
1. The administrative agency has authority to pass on every
question raised by a person resorting to judicial relief and
enables the court to withhold its aid entirely until the
administrative remedies had been exhausted.
2. The claim or matter is cognizable in the first instance by an
administrative agency alone.
3. The purpose of the rule is to control the timing of judicial
relief from adjudicative action of an agency.
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Primary Jurisdiction
1. Both the court and the administrative agency have
jurisdiction to pass on a question when a particular case is
presented to court, as an original matter rather than a matter
or review.
2. The claim or matter is cognizable by both court and the
agency.
3. It is not concerned with judicial review but determines in
some instances whether initial action should be taken by a
court or administrative agency.
Doctrine of qualified political agency- Is a corollary rule to
the control powers of the President. Under this doctrine,
which recognizes the establishment of a single executive, all
executive and administrative organizations are adjuncts of
the Executive Department, the heads of the various executive
departments are assistants and agents of the Chief Executive,
and except in cases where the Chief Executive is required by
the constitution or law to act in person as the exigencies of
the situation demand that he act personally, the multifarious
executive and administrative functions of the Chief executive
are 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.
The president’s power of control is directly exercised by him
over the members of the cabinet who, in turn, and by his
authority, control, the bureaus and other offices under their
respective jurisdictions in the executive department.
Doctrine of Res Judicata- Forbids the reopening of a matter
that has been determined by competent authority. The
principle of prior adjudication extends to all bodies upon
whom judicial power has been confirmed.
Instance when res judicata is not applicable to an
administrative proceeding- Nasipit Lumber Company vs
NLRC, Sec 5 Rule XVIII Books of Rules and Regulations
Implementing the Labor Code, the court held that the
doctrine of res judicata does not apply to labor relations
proceedings considering that the rules provides that such
proceedings are non-litigious and summary in nature without
regard to the legal technicalities obtaining in courts of law.
Neither does the doctrine apply to judgments based on
prohibited or void contracts.
Due process in administrative proceedings- Notice and
opportunities to be heard.
Procedural due process as understood in administrative
proceedings accepts of a more flexible standard as long as the
proceeding were undertaken in an atmosphere of fairness
and justice.
Requirements of procedural due process in administrative
proceedings (Ang Tibay vs Court of Industrial Relations)
1. The right to a hearing, which includes the right to present
one’s case and submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The evidence must be substantial.
4. The decision must be rendered on the evidence presented
at the hearing or at least contained in the record and
disclosed to the parties affected.
5. The decision must have something to support itself.
6. The tribunal or 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 a
subordinate in arriving at a decision.
7. The board or body should, in all controversial questions,
render its decision in such a manner that the parties to the
proceedings can know the various issues involved, and the
reason for the decision rendered.
Right to a hearing- It is necessary only when some
constitutional right is claimed to be invaded.
When notice and hearing not necessary
1. If the purpose of an administrative determination is to
decide whether a right or privilege which an applicant does
not possess shall be granted to him or withheld in the
exercise of a discretion vested by statute.
2. It is not necessary if the power exercised is essentially
administrative or executive and not judicial or quasi- judicial,
unless otherwise required by law
3. Even if the power is exercise is quasi-judicial, notice or
hearing may not be necessary to due process of law if no
personal or property rights are involved.
4. When powers of determination and action of a quasi-
judicial character are given to officers entrusted with the
duties of local or municipal administration by which not of
the property, but the lives of individuals may be affected, and
which from their nature, must be exercised without a prior
hearing or notice to the parties who may be affected.
Requisites of Judicial Review
1. The administrative action as already been fully completed
and has therefore become final. (Doctrine of Finality of
Administrative Action)
2. The administrative remedies have been exhausted.
(Doctrine of Exhaustion of Administrative Remedies)
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Appeal by Certiorari Rule 45
1. The petition is based on questions of law which the
appellant desires the appellate court to resolve.
2. Involves the review of the judgment, award, or final order
on the merits.
3. Must be made within the reglementary period for appeal.
4. Stays with the judgment, award, or order appealed from.
5. Petitioner and respondent are the original parties to the
action, and the lower court or quasi-judicial agency is not to
be impleaded.
6. Prior filing of a motion for reconsideration is not required.
7. The appellate court is in the exercise of its appellate
jurisdiction and power of review.
Special Civil Action for Certiorari Rule 65
1. The petition raises the issue as to whether the lower court
acted without or in excess of jurisdiction or with grave abuse
of discretion.
2. May be directed against an interlocutory order of the court
prior to appeal from the judgment or where there is no
appeal from the judgment or where there is no appeal or
other plain, speedy, or adequate remedy.
3. May be filed not later than 60 days from notice of
judgment, order, or resolution sough to be aassailed.
4. Does not stay the challenge proceeding unless a writ of
preliminary injunction or temporary restraining order shall
have been issued.
5. The parties are the aggrieved party against the lower court
or quasi-judicial agency and the prevailing parties who
thereby, respectively become the petitioner and respondents.
6. A motion for reconsideration is a condition precedent.
7. The higher court exercises original jurisdiction under its
power of control and supervision over the proceedings of the
lower courts.
Questions of law- If the facts are established or admitted,
their legal effect is a question of law for the court to
determine.
There is a question of law in a given case when the doubt or
difference arises as to what law is on a certain side of facts.
Questions of fact- A question of fact arises when there is a
conflict in testimony. The question must be resolved by the
court. No question of fact exists if only one conclusion is
possible from the facts established.
There is a question of fact when the doubt or difference
arises as to the truth or the falsehood of alleged facts.
Test of whether the question is of law or fact- Whether the
appellate court can determine the issue raised without
reviewing or evaluating the evidence, in which case it is a
question of law, otherwise it is a question of fact.
Exemptions to the conclusiveness of facts
1. When the conclusion is s finding grounded entirely on
speculations, surmises, or conjecture.
2. When the interference made is manifestly absurd,
mistaken or impossible.
3. When there is grave abuse of discretion.
4. When the judgment is premised on a misapprehension of
facts.
5. When the findings of facts are conflicting.
6. When the Court of Appeals in making its findings, went
beyond the issues of the case and the same is contrary to the
admissions of both appellants and appellees.
7. When the findings of fact are contrary to those of the trial
court.
8. When the findings of fact are conclusions without citation
of specific evidence on which they are based.
9. When the facts set forth in the petition as well in the
petitioners’ main and reply briefs are not disputed by the
respondents.
10. When the findings of fact of the Court of Appeals are
premised on the supposed absence of evidence and
contradicted by the evidence on record.
Common remedies against a decision or order of an
administrative agency
1. Special Civil Action for Certiorari Rule 65
2. Petition for Prohibition Rule 65
3. Petition for Mandamus Rule 65
4. Quo-Warranto Proceeding Rule 66
5. Petition for Habeas Corpus Rule 102 Sec 1
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Before and administrative determination may be subject of
judicial review it is required that:
1. The administrative action has already been fully completed
and has become final.
2. That all the administrative remedies have been exhausted.
*The requirements are subject to exceptions. Exceptions in
exhaustion of admininistrative remedies.
General Rule: Factual findings of administrative agencies will
not be disturbed by the courts.
Except in the following cases:
1. When it is not supported by substantial evidence.
2. When it is vitiated by fraud, imposition, or collusion.
3. When the procedure which led to the factual findings is
irregular.
4. When palpable errors are committed.
5. When abuse of discretion, arbitrariness or capriciousness is
manifest.
 Purely administrative and discretionary functions
may not be interfered by the courts except if an
agency or official concerned has acted arbitrarily and
with grave abuse of discretion.
Methods of review of administrative decisions
1. Statutory methods- They are those that are provided by a
specific statutory provision. The manner and extent of its
exercise is therefore governed by statutes.
2. Non-Statutory methods- Are those methods which are not
expressly provided for by law. They are resorted by courts on
account of their inherent power to review such proceedings
and to decide questions of jurisdiction and questions of law.
3. Direct proceeding-This is a proceeding which includes a
petition for review or relief from a judgment. The purpose of
which is to seek relief other than to set aside judgment,
although it may involve an attack on the judgment itself.
4. Collateral attack- Through this, there is an attempt to
question in a subsequent proceeding, the conclusiveness or
validity of a prior administrative decision on the ground that
the decision was invalid for lack of jurisdiction over the
person or over the subject matter, or because of the decision
attacked was not the act of the administrative body
concerned which is vested with the power to make the said
decision.
Statutory methods
1. Judicial review of the decisions of the Constitutional
Commissions, those under Art IX (A), Section 1 of the
Constitution.
2. Judicial Review of decisions and final orders under the
Labor Code of the Philippines.
 There is no rule which specifies the period within
which a petition for certiorari should be filed. The
yardstick to measure the timeliness of a petition for
certiorari is the reasonableness of the duration of
time that has expired from the commission of the act
complained of, up to the institution of the
proceedings to annul the same.
Non-statutory methods- Relief is obtained by common law
remedies or by the prerogative writs of certiorari, mandamus,
habeas corpus, quo warranto or prohibition.
Direct proceeding- Special Civil Action for Certiorari Rule 65
or Appeal under Rule 43.
Co vs House of Representatives- A citizenship of an individual
cannot be attacked collaterally.
Guarantees for administrative agencies created by the
constitution
1. Members of the Constitutional Commissions cannot be
removed from office except for impeachment.
2. The powers conferred to each of the said commissions
cannot be withdrawn or reduced by statute.
3. The term of office of the chairman and the commissioners
is 7 years without re-appointment.
4. Their term of office are staggered in order that the majority
of them may not be appointed by the same president.
5. They may not be re-appointed or appointed in an acting
capacity.
6. Their salaries are fixed by law and shall not be decreased
during their tenure.
7. All said commissions may promulgate its own procedural
rules.
8. All of the said commissions can appoint their own officials
and employees in accordance with law.
9. The chairman and members of all said commissions are
subject to certain disqualifications and inhibitions so they will
not be distracted from performing their duties and functions.
10. All the said commissions are independent.
11. A;; the said commissions are created by the constitution
and they may not be abolished by statute.
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PART 3- LAW ON PUBLIC OFFICES AND PUBLIC OFFICERS
Public office- It 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
functions of government, to be exercised by the individual for
the benefit of the public. (Fernandez vs Sto. Tomas)
Elements of a public office
1. It must be created by law or by ordinance authorized by
law.
2. It must possess some sovereign functions of government to
be exercised for public interest.
3. The functions must be defined, expressly or impliedly by
law.
4. The functions must be exercised by an officer directly
under the control of the law, not under that of a superior
officer unless they are functions conferred by the law upon
inferior officers, who, by law, are under the control of a
superior.
5. It must have some permanency or continuity, not
temporary or occasional.
How is a public office created?
1. By the Constitution.
2. Statutory Offices.
3. Offices created by the virtue of validly delegated power.
Public officer
Under the Administrative Code- Generally, it refers to an
individual invested with a public office. When it is used with
reference to a person having to do a particular act or perform
a particular function in the exercise of governmental power, it
includes any government employee, agent, or body having to
do the act or exercise that function.
Under the Revised Penal Code- It refers to a person, who, by
direct provision of law, popular election, or appointment by
competent authority, shall take part in the performance of
public functions in the Government of the Philippines or
performs in said government or in any of its branches, public
duties as an employee, agent, or subordinate official, or of
any rank or class.
Public Official- Is an officer of the government itself, as
distinguished from the officers and employees of
instrumentality of government. Hence, the duly authorized
acts of the former are those of the government, unlike those
of a government instrumentality which may have a
personality of its own, separate and distinct from that of the
government as such.
Office vs Employment
Office- Is a public position created by the constitution or law,
continuing during the pleasure of the appointing power, or
for a fixed time, with a successor elected or appointed.
Employment- Is an agency, for a temporary purpose, which
ceases when that purpose is accomplished.
Officer vs Employee
1. An officer has a position of greater importance, dignity, and
independence.
2. That he is required to give an official oath, and to give an
official bond.
3. He has greater liability to account for misfeasance or
nonfeasance in office.
4. That his tenure of office is usually different from that of an
ordinary employee.
Public office vs Contract
Office
1. Creation of sovereignty.
2. More lasting in nature.
3. Its object is to carry out sovereign as well as governmental
functions which involves even persons who are not parties to
the agreement.
Contract
1. It arises from the agreement or will of the parties.
2. The effectivity of the contract may be for a long or short
period of time as may be agreed upon by the parties.
3. The obligations arising from a contract is, as a rule,
enforceable only as between the parties to the contract.
Classification of Public Officers:
1. Executive officers- Executes laws.
2. Legislative officers- Enact laws.
3. Judicial officers- Decides controversies.
4. Officer de jure- Lawful right to the office in all respects, but
who has either been ousted from it or has never actually
taken possession of it.
5. Officer de facto- One who has the reputation of being the
officer he assumes to be and yet, is not the officer in point of
law.
6. Ministerial officers- Duty is to execute the mandates
lawfully issued of their superiors.
7. Special Agent- One who receives a definite and fixed order
or commission, foreign to the exercise of the duties of his
office if he is a special official.
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8. Notary Public- A public officer whose function is to attest
and certify, by his hand and official seal, certain classes of
document, in order to give them credit and authenticity in
foreign jurisdictions, to take acknowledgment of deeds and
other conveyances, and certify the same, and to perform
certain official acts, chiefly in commercial matters, such as the
protesting of notes and bills, the noting of foreign drafts and
marine protests in cases of loss or damage.
Nature of Notary Public- Are public officers but not in the
sense that such term is used in the Administrative Code,
because, while it is true that they perform necessary public
duties, however, such duties are not in the discharge of
governmental functions. Their office exists for the benefit of
the public. They receive their fees from the party whether it is
the government itself or private individual, for whom the
service is rendered.
Characteristics of a public office
1. Public office is a public trust
2. Public office is not private property
3. It is built and founded by the people themselves.
4. There can be no vested right in a public office or its salary.
Requirements for public office
1. Appointment
2. Designation
3. Commission
Appointment- Is the selection, by the authority vested with
power, of an individual who is to exercise the functions of a
given office. When completed, usually with its confirmation,
the appointment results in security of tenure for the person
chosen unless he is replaceable at the pleasure because of
the nature of his office.
Designation- Where the person is merely designated not
appointed, the implication is that he shall hold office only in a
temporary capacity and may be replaced at the will of the
appointing authority. In this sense, the designation is
considered only an acting or temporary appointment, which
does not confer security of tenure on the person named.
Furthermore, designation merely connotes an imposition of
additional duties, usually by law, upon a person already in the
public service by virtue of an earlier appointment.
It does not entail payment of additional benefits or grant
upon the person so designated the right to claim the salary
attached to the position. Without an appointment, a
designation does not entitle the officer to receive the salary
of the position. The legal basis of an employee’s right to claim
the salary attached thereto is a duly issued and approved
appointment to the position and not a mere designation.
CSC Resolution no. 91-1631- Provides that in no case shall an
appointment take effect earlier that the date of its issuance.
Distinctions: Appointment, designation, commission
Appointment- It is the selection by the authority vested with
the power of an individual who is to exercise the power of a
given office.
Designation- Connotes merely the imposition by law of
additional duties on an incumbent official.
Commission- It is the written evidence of the appointment.
Regular appointment- It is an appointment made by the
president while congress is in session after the nomination is
confirmed by the Commission on Appointments. It continues
until the end of the term.
Ad interim appointment- It is an appointment made while
the congress is not in session, before the confirmation of the
Commission on Appointments. It is immediately effective and
ceases to be valid if disapproved or bypassed by the
Commission on Appointment upon the next adjournment of
congress.
Nature of an ad interim appointment- It is permanent in
nature and the circumstance that it is subject to a
confirmation by the Commission on Appointments does not
alter its permanent character.
Permanent appointment- One issued to a person who has
met the requirements of the position to which appointment is
made, in accordance with the provisions of the Civil Service
Act and the Rules and Standards promulgated in pursuance
thereof.
Temporary appointment- One who holds temporary
appointment has no fixed term of office and employment can
be terminated at the pleasure of the appointing authority,
there being no need to show that the separation is for a
cause.
In the absence of appropriate eligible and it becomes
necessary in the public interest to fill a vacancy, a temporary
appointment shall be issued to a person who meets all the
requirements for the position to which he is being appointed
except the appropriate civil service eligibility, provided, that
such temporary appointment shall not exceed 12 months, but
the appointee may be replaced sooner if a qualified civil
service eligible becomes available.
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Sec 25 PD No. 807 “Civil Service Decree of the Philippines”
An appointee with a temporary status need not possess the
civil service eligibility required by the position provided he
meets the following qualifications:
1. It is necessary in the public interest to fill a vacancy.
2. There are not appropriate eligibles.
3. The temporary appointment shall not exceed 12 months.
4. He may be replaced sooner if a qualified civil service
eligible becomes available.
Sec 4 Ra No. 6656- Officers and employees holding
permanent appointments shall be given preference for
appointment to the new positions in approved staffing
pattern comparable to their former positions or in case there
are not enough comparable positions, to the positions next
lower in rank. Because the preference given to permanent
employees assumes that employees working in a department
for longer periods of time gained not only superior skills but
also greater dedication to the public service.
Different steps in the process of appointment
A. Regular appointments which need confirmation of CA
1. Nomination by the president.
2. Confirmation by the CA.
3. Issuance of the commission.
4. Acceptance by the appointee.
5. In case of ad interim appointments, the nomination,
issuance of the appointment and acceptance by the
appointee precede the confirmation by the CA.
B. Appointments which do not need confirmation by the CA.
1. Appointment by appointing authority.
2. Issuance of the commission.
3. Acceptance by the appointee.
C. Appointments to the career service of the civil service.
1. Appointment is not deemed complete until attestation
approval by the civil service commission without the
favourable certification or approval of the CSC, no title to the
office can be deemed to be permanently vested in favor of
the appointee, and the appointment can still be revoked or
withdrawn by the appointing authority.
Written commission- Best evidence of an appointment.
Kinds of acceptance
1. Express
2. Implied- If the officer is in the actual occupation and
exercise of the office, his acceptance of it would be
presumed.
Distinction: Appointment, Election
1. Appointment- The person who is to exercise the function
of a given office is made by the executive officer, board, or
body, to whom the power to designate is given.
2. Election- The choice is made by an enfranchised citizenry
by virtue of the right of suffrage.
The power of appointment cannot be delegated because the
power involves the exercise of discretion.
Limitations to the presidential power of appointment
1. The president shall nominate and, with the consent of the
CA, appoint the heads of the executive departments,
ambassadors, other public ministers and consuls, or officers
of the armed forces from the rank of colonel to naval captain,
and other officers whose appointments are vested in him in
this constitution.
He shall also appoint all other officers of the government
whose appointments are not otherwise provided by law, and
those whom he may be authorized by law to appoint. The
congress may, by law, vest the appointment of other officers
lower in rank in the president alone, in the courts, or in the
heads of departments, agencies, commissions, or boards.
2. The president shall have the power to make appointments
during the recess of congress, whether voluntary or
compulsory, but such appointments shall be effective only
until disapproval by the CA or until the next adjournment of
the congress.
3. The spouse and relatives by consanguinity or affinity within
the fourth civil degree of the president shall not, during his
tenure be appointed as members of the constitutional
commissions, or to the office of the ombudsman, or, as
secretaries, undersecretaries, chairman or heads of bureaus,
or offices including GOCCs.
4. 2 months immediately before the next presidential
elections and up to the end of his term, a president or acting
president shall not make appointments, except temporary
appointments to executive positions when continued
vacancies therein will prejudice public service or endanger
public safety.
5. Appointments of an acting president shall remain effective,
unless revoked by the elected president within 90 days from
his assumption or re-assumption of office.
6. The appointees of the president must possess the required
qualifications. The appointee concerned may be questioned
in appropriate court proceedings.
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Confirmation of the Commission on Appointments is
required on the following positions:
1. Heads of executive departments.
2. Ambassadors, other public ministers and consuls.
3. Officers of the AFP from the rank of colonel or naval
captain.
4. Anyone whom he can appoint by authority of law.
Confirmation of the CA not required:
1. Other officers whose appointments are vested in him in the
constitution.
2. All other officers of the government whose appointments
are not provided for in law.
Commission of Human Rights- Appointment of its chairman
and the commissioners do not need the confirmation of the
CA because the position of the CHR is not among the
positions mentioned in Sec 6. First sentence of Art VII of the
1987 Constitution.
Cortez vs CSC- As long as the appointee possesses the
minimum qualifications prescribed by law or regulations,
there is no question that his appointment must be respected
by the CSC even if it be proved that there are others with
superior credentials. However, this rule does not cover those
cases where it is found by the commission, after examining
the appointment papers, that the appointee does not satisfy
the minimum qualifications for the position in question. In
these cases, the CSC would be well within this right and
responsibility in refusing to approve the appointment.
Lopez vs CSC- The CSC has no authority to revoke an
appointment simply because it is believed that another is
better qualified than the appointee for that would have
constituted an encroachment of that discretion vested solely
in the appointing authority.
Engano vs CA- Courts have jurisdiction over void
appointments. Where the law prescribes certain
qualifications for a given office or position, courts may
determine whether the appointee has the requisite
qualifications, absent which, his right thereto may be
declared void.
Different kinds of vacancies
1. Original- There is an office which is created but no one has
yet been chosen to fill it.
2. Constructive- The incumbent has no legal right to the office
and he may be replaced.
3. Accidental- When on account of death, resignation,
removal, or abandonment, the incumbent is separated from
the service.
4. Absolute- There is no successor yet to the incumbent
whose term expired.
Qualification meaning:
1. It may refer to the qualities or endowments required of the
public officer in order that he may be considered eligible for
public office. The person appointed or elected must possess
the prescribed qualifications at the time of his appointment
or election and during the period of the official relationship.
2. It may refer to the act of enabling a person to perform the
duties and functions of his office. Failure to perform an act
required by law could affect the officer’s title to the given
office.
Maquira vs Borra- A law which required all candidates to post
a 20,000 bond upon the filing of their certificates of
candidacy, and which provided its confiscation if they did not
obtain at least 10% of the total votes cast in the constituency
where they are running, was declared unconstitutional, null
and void by the Supreme Court for said law is inconsistent
with the nature and essence of the Republican System and
principle of social justice.
Legislature can only prescribe additional qualifications in the
ff:
1. When the constitution does not prescribe qualification/s.
2. When the constitution prescribes only for minimum
qualification/s.
Qualifications are continuing requirements
Specific disqualifications under the constitution
1. The Members of the Supreme Court and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
2. The President, Vice-President, the Members of the Cabinet,
and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said
tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted
by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within
the fourth civil degree of the President shall not during his
tenure be appointed as members of the Constitutional
Commissions, or the Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus
or offices, including government-owned or controlled
corporations and their subsidiaries.
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3. No Senator or Member of the House of Representatives
may hold any other office or employment in the Government,
or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or
their subsidiaries, during his term without forfeiting his seat.
Neither shall he be appointed to any office which may have
been created or the emoluments thereof increased during
the term for which he was elected.
4. No Member of a Constitutional Commission shall, during
his tenure, hold any other office or employment. Neither shall
he engage in the practice of any profession or in the active
management or control of any business which in any way be
affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any contract
with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled
corporations or their subsidiaries.
5. 1) The Civil Service shall be administered by the Civil
Service Commission composed of a Chairman and two
Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least
thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any
elective position in the elections immediately preceding their
appointment.
6. (2) The Chairman and the Commissioners shall be
appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, a Commissioner
for five years, and another Commissioner for three years,
without reappointment. Appointment to any vacancy shall be
only for the unexpired term of the predecessor. In no case
shall any Member be appointed or designated in a temporary
or acting capacity.
7. The Ombudsman and his Deputies shall serve for a term of
seven years without reappointment. They shall not be
qualified to run for any office in the election immediately
succeeding their cessation from office.
De facto officer
1. When, without a known appointment or election, but
under such circumstances of reputation or acquiescence as
were calculated to induce people, without injury, to submit to
or invoke his action, supposing him to be the officer he
assumed to be.
2. When, there is a color of a known and valid appointment or
election, but where the officer had failed to conform to some
precedent, requirement, or condition, as to take an oath, give
a bond, or the like.
3. When he exercise his duties under a color of a known or
valid appointment or election, or that there is want of power,
in electing or appointing body, or there is some defect or
irregularity in its exercise, and such ineligibility, want of
power or defect is unknown to the public. For said reasons,
the acts of the de facto officer are void.
4. When there was color of an election or an appointment but
such is based on an unconstitutional law. Here, the person
exercising the duties is considered de facto officer before the
said law is adjudged to be unconstitutional.
5. A public official or employee who assumed office under an
incomplete appointment is merely a de facto officer for the
duration of his occupancy of the office.
6. One who derived his appointment from one having
colourable authority to appoint, if the office is an appointive
office, and whose appointment is valid on its face.
7. One who is in possession of an office and is discharging its
duties under color of authority, by which is meant authority
derived from an appointment, however irregular or informal
so that the incumbent is not a mere volunteer.
8. One who in possession of an office in the open exercise of
its functions, under color of an election or an appointment
even though such election or appointment may be irregular.
Basis of the doctrine of de facto officers- It is unreasonable
to require the public to inquire into the title of an officer, or
compel him to show title because the public do not have time
and opportunity to investigate the title of the incumbent. As a
matter of policy and necessity, the doctrine serves to protect
the public and the individuals whenever their interests are
involved in the official acts of persons exercising the duties of
an office.
Liabilities of a de facto officer
1. He is liable upon his bond.
2. He is liable for his negligence
3. He is liable for his embezzlement
4. He is liable for malfeasance in his assumed officer.
Elements of a de facto officer
1. Valid and legitimate office
2. Actual possession of said office in good faith.
3. Color of title to the office or general acquiescence by the
public.
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De facto vs De jure officers
1. De facto
a. May be ousted in a direct proceeding against him
(Quo Warranto Proceeding), no collateral attack is
allowed.
b. Has the possession and performs the duties under
color of right, without being legally qualified to act.
2. De jure
a. Cannot be removed
b. Has the lawful right or title without the possession
of the office.
Monroy vs CA- A de facto officer, not having good title take
the salaries at his risk and must therefore, account to the de
jure officer for whatever amount of salary he received during
the period of his wrongful retention of public office. Said rule,
however, does not apply if there is no de jure public officer, in
which case, the de facto officer shall be entitled to the
salaries prescribed by law for the given office during the
period when he actually discharged the functions of said
office.
Appointment
1. Essentially a discretionary power.
2. The appointing authority, not the CSC, determines who,
among the several candidates for a vacant position, has the
best qualification.
3. CSC has no authority to direct the appointing authority to
appoint a certain person.
4. Once appointment has been issued and the moment the
appointee assumes a position in the civil service under a
complete appointment, he acquires a legal right, not merely
equitable right which is protected by the law and the
constitution.
5. Once the discretionary power of appointment has been
exercised and the appointee assumed duties and functions of
the position, the said appointment cannot be revoked by the
appointing authority, on the mere ground that the protestant
is more qualified than the first appointee.
6. An appointee with a temporary status need not possess
the civil service eligibility required by the position. This is
subject to the qualifications in Torio vs CSC.
7. The next in rank rule is not absolute.
Espanol vs CSC- There is no legal fiat that a vacancy must be
filled only by promotion. The appointing authority is given a
wide discretion to fill a vacancy from among the several
alternatives provided by law.
Matters that fall within the exclusive jurisdiction of the CSC-
Disciplinary cases and cases involving “personnel actions”
affecting employees in the civil service including
“appointment through certification, promotion, transfer,
reinstatement, reemployment, detail, reassignment,
demotion, and separation” and of course, employment status
and qualification standards are within the exclusive
jurisdiction of the CSC.
Promotion- It is a movement from one position to another
with increase in duties and responsibilities as authorized by
law and usually accompanied by an increase in pay.
Appointment through certification- It is issued to a person
who has been selected from a list of persons certified by the
CSC from an appropriate register of eligible, and who meets
all the qualifications prescribed for the position.
Transfer- It is a movement from one position to another
which is of equivalent rank, level or salary without break in
service. Transfer may be imposed as an administrative
penalty under the current civil service rules.
Reemployment- Names of persons who have been appointed
permanently to positions iin 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.
Reassignment- An employee may be reassigned from one
organizational unit to another in the same agency, provided
that such reassignment shall not involve a reduction in rank,
status, or salary.
Reinstatement- Any person who has been permanently
appointed to a position in the career service and who has,
through no delinquency or misconduct, been separated
therefrom may be reinstated a position in the same level for
which he is qualified.
Detail- It is the movement of an employee from one agency
to another in the same agency, provided that such
reassignment shall not involve reduction in rank, status, or
salary. This is a prerogative of the CSC.
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 services actually rendered at a rate fixed in the
promotional appointments.
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Requisites Automatic Reversion Rule
1. There must be series of promotions.
2. All promotional appointments are simultaneously
submitted to the commission for approval.
3. The commission disapproves the appointment of a person
to a higher position.
Requirements for appointment through certification
1. The person to be selected or selected is in a list of qualified
persons certified by the CSC from an appropriate register of
eligible.
2. The person to be selected or selected meets all the
qualifications prescribed for the position.
Transfer of an employee from one position to another is a
violation of his security of tenure even if it results to a
promotion when it is done without his consent. Because this
amounts to a removal from office.
When the employee is lawfully removed first from his
position, and thereafter he is appointed to another position
which is of equivalent rank, there is no violation of his
security of tenure.
Gloria vs Judge De Guzman- Reappointment is not
appropriate subject for a writ of mandamus. Because it is
discretionary on the part of the appointing power.
Detail- It is temporary in nature, hence, it is allowed only for a
limited period in the case of employees occupying
professional, technical, and scientific positions.
Modes of termination of official relationship
1. Expiration of term or tenure
2. Resignation
3. Recall
4. Death
5. Impeachment
6. Failure to assume election office
7. Removal
8. Reaching the age limit
9. Abandonment
10. Prescription of the right of office
11. Acceptance of incompatible office
12. Abolition of office
13. Conviction of a crime
14. Filing of a certificate of candidacy
Term- Means the time during which the public officer may
claim to hold office as of right, and fixes the interval after
which the several incumbents shall succeed one another.
Tenure- Represents the actual period during which the
incumbent holds office. The tenure may be shorter than the
term for reasons beyond the power of the incumbent.
Commencement of term of office
1. When the law fixes the period within a chosen officer may
qualify for office- It begins upon qualification.
2. When no time is fixed by law- It begins from the date of
appointment, or from the date of election.
3. When a law fixing the term is ambiguous- The law that
fixes the term at the shortest period should be followed.
4. When the constitution or the law fixed both the term of
office and the time of its commencement or termination-
The person elected or appointed to fill a vacancy in such
office shall hold the same only for the unexpired portion of
the term.
5. When only the duration of the term is fixed but no time is
established for the beginning or end of the term- The person
selected to fill the vacancy may serve the full term and not
merely the unexpired balance of the prior incumbent’s term.
6. When an office is created or an officer is appointed just to
accomplish a specific purpose or purposes- The office
terminates and the authority of the public officer ceases
when said purpose or purposes is/ are accomplished.
Resignation- Is the act of giving up or the act of an officer by
which he declines his office and renounces the further right
to use it.
It implies an expression of the incumbent in some form,
express or implied, of the intention to surrender, renounce,
and relinquish the office and its acceptance by competent
authority.
It need not be in any particular form unless some form is
prescribed by law.
Elements of complete resignation from public office
1. Intention to relinquish a part of the term.
2. An accompanying act of relinquishment.
3. Resignation must be accepted by proper authority.
Acceptance of resignation of competent authority- It is
required because an officer who abandons his office to the
detriment of the public before his resignation is accepted is
liable under Art 238 of the Revised Penal Code.
Resignation cannot be withdrawn in the following
1. An unconditional resignation which takes immediate effect
and has been transmitted to the power authorized to accept
it cannot be withdrawn even with the consent of the officer
with whom it is filed.
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2. An unconditional resignation which will take effect in the
future cannot be withdrawn if it has been duly accepted by
the proper authority, although the time which it is to take
effect has not arrived.
Before a prospective resignation is accepted, it may be
withdrawn even if unconditional, if the accepting authority
consents and if no new rights have intervened.
Repudiation of resignation
1. When it has been transmitted without the consent of the
public officer.
2. When it was procured by fraud or duress.
Resignation is effective- When the public officer receives
notice of the acceptance of his resignation, not on the date of
the letter or notice of acceptance.
Officers authorized to accept resignation
1. Congress- Resignation of the president and vice president.
2. Either Senate of House of Representatives- Members of
congress.
3. Appointing authority- Appointive public officers.
4. President, governor, sangguiang concerned, city or
municipal mayors (in this order)- Local elective public
officials
Recall- It is a mode of terminating official relationship prior to
the expiration of the term of a public officer on account of
loss of confidence. Initiated either by:
1. A preparatory recall assembly
2. Or by the registered voters of the local
government unit.
Composition of recall assembly:
1. Provincial level- All mayors, vice mayors, and Sanggunian
Members of the municipalities and component cities.
2. City level- All Punong Barangay and Sangguniang Barangay
members in the city.
3. Legislative District level- Where the Sangguniang
Panlalawigan Members are elected by district. All municipal
officials in the district and incases where the Sangguniang
Panglungsod Members are elected by district, all elective
barangay officials in the district.
Procedure for initiating recall by a preparatory recall
assembly
1. A majority of all the preparatory recall assembly members
may convene in session in a public place and initiate a recall
proceeding against any elective official in the local
government unit concerned.
2. 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 that purpose.
Procedure for initiating recall by registered voters
1. Upon a petition by at least 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.
2. A written petition for recall duly signed before the election
registrar or his representative, and in the presence of a
representative of the petitioner and representative of the
official sough to be recalled, and in a public place in the
province, city, municipality or barangay as the case may be,
shall be filed with the COMELEC through its office in the local
government unit concerned. The COMELEC or its duly
authorized representative shall cause the publication of the
petition in a public or conspicuous place for a period of not
less than 10 days nor more than 20 days for the purpose of
verifying the authenticity and genuineness of the petition and
the required percentage of voters.
3. Upon the lapse of the aforesaid period, the COMELEC or its
duly authorized representative shall announce the
acceptance of candidates to the position and thereafter
prepare the list of candidates which shall include the name of
the official sought to be recalled.
Procedure after the said resolution or petition for recall is
filed with the COMELEC
1. The COMELEC shall set the date for the election on recall
which shall not be later than 30 days after the filing of the
same, in case of barangay, city, municipal officials, and 45
days in case of provincial officials.
2. The official or officials sought to be recalled shall
automatically be considered as duly registered candidate or
candidates to the pertinent positions and like other
candidates, shall be entitled to be voted upon.
3. It is effective upon the election and proclamation of a
successor in the person of the candidate receiving the highest
numbers of votes cast during the election on recall.
4. If the person sought to be recalled received the highest
number of votes cast is shall continue in office.
Limitations on recall
1. He can only be the subject of a recall election only once
during his term of office for loss of confidence.
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2. No recall shall take place within 1 year from the date of the
official’s assumption to office or 1 year immediately
preceding a regular local election.
Batangas State University vs Bonifacio- While a temporary
transfer or assignment of personnel is permissible even
without the employee’s prior consent, it cannot be done
when the transfer is a preliminary step toward his removal or
is a scheme to lure him away from his permanent position, or
designed indirectly to terminate his services or force his
resignation. Such a transfer would in effect circumvent the
provision which safeguards the tenure of those who are in
the civil service.
Cristobal vs Melchor- The effect of a removal without just
cause and failure to comply with the prescribed procedure is
a reversible error and the officer or employee unlawfully
removed shall be entitled to reinstatement with back salaries
and without loss of seniority rights. He is considered as not
having left his office and he is therefore entitled to all the
rights and privileges that accrue to him.
Considered as removal even if employee is not removed:
1. When he is demoted and no cause is shown to justify the
same.
2. When there is unconsented transfer.
3.
When the employee is being transferred to lure him away
from his permanent position and it is done without his
consent.
Preventive Suspension- It is a disciplinary measure which is
intended to enable the disciplinary authority to investigate
charges against the respondent by preventing the latter from
using his position or office to influence the witnesses, to
intimidate them, or to tamper with the records which may be
vital in the prosecution of the case against him.
If the investigation is not finished and the decision is not
rendered within a period of 90 days, the suspension will be
lifted and the respondent will be automatically reinstated
with full pay for the period of suspension.
If conviction is affirmed, the period of suspension becomes
part of the first penalty of suspension or dismissal.
Preventive Suspension Is not a penalty, but merely a
preventive measure, a preliminary step in an administrative
investigation. The period served should not be considered
part of the actual penalty of suspension.
Remedy of party adversely affected by the decision- Appeal
15 days from the receipt of the decision unless a petition for
reconsideration is seasonably filed, which petition shall be
decided within 15 days.
Grounds for petition for reconsideration
1. New evidence has been discovered which materially affects
the decision rendered.
2. The decision is not supported by the evidence on record.
3. Errors of law or irregularities have been committed which
are prejudicial to the interest of the respondent.
Remedy against CSC resolution- Certiorari Rule 65 within 30
days from the receipt of the copy of the resolution.
Commutation or removal or administrative penalties- The
president may do so subject to such terms and conditions as
he may deem proper to impose in the interest of the service.
Compulsory retirement age- Judiciary 70 years, other
government officers and employees- 65 years.
Extension of service of the government officers and
employees- Officers and employees who have reached the
age of 65 years but has not yet completed 15 years of
government service, they may be extended at the discretion
of the head of the agency concerned. This discretion has to
be exercised with the Civil Service Commission Memorandum
Circular no 27.
Extension of service of the members of the judiciary- Is
allowed especially in the case of one who has served with
competence, integrity, and dedication to public service.
Abandonment- It is a cause for terminating public office
indicated by the action of the incumbent in voluntarily
surrendering it to another under a mistaken belief that the
latter has been elected as his rightful successor, or even by
the acquiescing on his own removal.
It must be total and under such circumstances as to clearly
indicate an absolute relinquishment.
Once abandoned, the former incumbent cannot legally
repossess the office even if by forcible re-occupancy.
There must be clear proof of deliberate and unjustified intent
to sever the employer-employee relationship.
Abandonment vs Resignation- Abandonment, there is clear
proof of deliberate and unjustified intent to sever the
employer=employee relationship, Resignation, is a formal
relinquishment.
Prescription of the right to office- It is a mode of terminating
official relationship caused by a public officer who has not
been the subject of illegal ouster or dismissal. A petitioner for
reinstatement of for recovery of a public office must be
instituted within one year from the date the petitioner is
unlawfully ousted from his office.
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The interest of the public welfare requires that the right or
title to public office should not be left hanging and uncertain.
Effect of holding incompatible office- Acceptance of the
second office incompatible with the first one ipso facto
vacates the latter. No proceeding is necessary.
Failure to assume elective office- The official shall take his
oath of office within 6 months from his proclamation,
otherwise there is failure to assume public office the office is
considered vacant unless said failure is for a cause or causes
beyond his control.
Test of incompatibility- Whenever one is subordinate to the
other in some of its important and principal duties, or is
subject to supervision by the other, or where a contrariety
and antagonism would result in the attempt by one person to
discharge the duties of both.
Two offices are incompatible where the incumbent of one has
the power to remove the incumbent of the other though the
contingency on which the power may be exercised is remote,
and it also exists where the incumbent of one office has the
power of appointments as to the other office.
In order that the one office may be adjudged incompatible
with the other must clearly appear that the two offices
actually exists as distinct positions and that the second is not
merely an ex-officio extension of the duties of the incumbent
of the first.
Abolition of office-The abolition must done in good faith and
not for personal or political reasons.
Any office created by congress may be abolished by it at
anytime and even while the office is occupied by a duly
elected or appointed incumbent.
Justification in good faith- This is to be decided based on the
facts of each case.
Preventive suspension- Can be ordered without a hearing
because it is not a penalty.
2 Kinds of Preventive suspension
1. Preventive suspension pending investigation.
2. Preventive suspension pending appeal of the penalty
imposed is suspension or dismissal and after review the
respondent is exonerated under section 47 of the said code.
Conviction of a crime- Conviction by final judgment
automatically terminates official relationship. This arises
when the penalty imposed to a public officer carries with it
the accessory penalty of disqualification.
Liability of a public officer for torts- Unauthorized acts of
government officials are not acts of the state, hence, a public
officer may be personally liable for damages for such
unauthorized acts.
Liability of a public officer for contracts- A public officer who
acted without authority or in excess of such authority shall be
personally liable on contracts he enters into. If he acted
within the scope of his authority and in his official capacity,
he is not personally liable on contracts he executed in behalf
of the government unless he expressly and unequivocally
agrees to be bound.
Liability of public officers for acts of subordinates
1. Where there being charged with the duty of employing or
retaining his subordinates, he negligently or wilfully employs
or retains unfit or improper persons.
2. Where being charged with the duty to see that they are
appointed or qualified in a proper manner, he negligently or
wilfully fails to require of them the due conformity to the
prescribed regulations.
3. Where he so carelessly or negligently oversees or carries
the business of his office as
Filing of certificate of candidacy- Mode of terminating official
relationship by express provision of sec. 66 BP Blg. 881.
Preference for appointment to new position- Sec 4 of RA
6656 provides: “Officers and employees holding permanent
appointments shall be given preference for appointment to
the new positions in approved staffing pattern comparable to
their former positions or in case there are not enough
comparable positions, to positions next in rank”.
Determination through competitive examination- The
following are exempted of competitive examinations:
1. Policy- determining position- A position held by one whose
duty is to formulate policies and guidelines of the
government.
2. Primarily confidential position- A position held by one in
whom personal trust and confidence is reposed by the
appointing power.
3. Highly technical position- A position held by one
possessing superior technical training.
Hold-over rule- It is a rule which declares in the absence of an
express or implied constitutional or statutory provisions
prohibiting hold-over, an officer is entitled to hold his office
until his successor is appointed and qualified. This rule
prevents disruption of public service in the meantime that a
successor is not yet appointed and qualified to assume the
functions of the office.
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PART 4- ELECTION LAWS
Election- It is the means by which the people choose their
officials for a definite and fixed period and to whom they
entrust for the time being, as their representatives, the
exercise of the powers of government.
2 Kinds of election
1. General election- Is one provided for by law for the
election of officers throughout the state, or certain
subdivisions thereof, after the expiration of the full term of
former officers.
2. Special election- Is one provided for by law under special
circumstances as when an election is held to fill a vacancy in
office, or when an election is being held because a certain
proposal is submitted to the vote of the qualified electors.
Suffrage- Is the right to vote in the election of all officers
chosen by the people, and in the determination of all
questions submitted to the people.
Different theories of suffrage
1. Natural Right Theory- It is a natural and inherent right of
every citizen by virtue of his membership in the state,
provided he is not disqualified on account of his own
reprehensible conduct or unfitness.
2. Social Expediency Theory- It is a public office or function
conferred upon those who are fit and capable of discharging
it.
3. Primitive Tribal Theory- It is regarded as a necessary
attribute of membership in the state.
4. Feudal Theory- It is regarded as an adjunct of a particular
status, generally tenurial in character. It is a vested privilege
usually accompanying the ownership of land.
5. Ethical Theory- It is regarded as a necessary and essential
means for the development of industrial character.
Suffrage vs Election
Suffrage- Is broader in term than election because it includes
not only the means by which public officers are chosen for
public positions but also the expression of the choice of the
people on a proposed law or enactment submitted to them
for decision.
Election- Is limited to the expression of a choice of the voters
in the selection of their officers.
Australian Ballot System- Is the system of ballot in the
Philippines. It was first conceived in 1901 by Francis S .
Dutton, a member of the legislature of South Australia. This
system is adopted by many countries in Europe and its
distinguishing feature is strict secrecy in balloting.
Suffrage: A privilege and a right- It is a right because it is the
expression of the sovereign will of the people. It is a privilege
because its exercise is granted not to everybody but only to
such persons or class of persons are as most likely to exercise
it for the purpose of the public good.
Theory of suffrage- The right to suffrage is predicated on the
theory that the people who bear the burden of government
should share the privilege of choosing the officials of that
government.
The enfranchised citizen is the trustee of the people
principle- The people in clothing a citizen with the relative
franchise for the purpose of securing a consistent
administration of the government they ordain, charge him
with the performance of a duty in the nature of a public trust,
and in that respect constitute him a representative of the
whole people. This duty requires that the privilege thus
bestowed should be exercised not exclusively for the benefit
of the citizen or class of citizens professing it but in good faith
and with an intelligent zeal for the general benefit and
welfare of the state. (Abanil vs Justice of the peace of
Bacolod), (Lacson vs Posadas)
Safeguarding the integrity of the ballot- A republic then to be
true to its name requires that the government rests on the
consent of the people, consent freely given, intelligently
arrived at, honestly recorded, and thereafter counted. Only
thus can they be really looked upon as the ultimate source of
established authority. It is their undeniable right to have
officials of their unfettered choice. The election law has no
justification except as a means of assuring a free, honest and
orderly expression of their views. It is of the essence that
corruption and irregularities should not be permitted to taint
the electoral process. (Bailles vs Capili)
Nacionalista Party vs COMELEC- The power to decide
election contests necessarily includes the power to determine
the validity or nullity of the votes questioned by either of the
contestants.
Lagumbay vs COMELEC- In connection with the power to
determine the validity or nullity of the questioned votes, the
SC upheld the authority of the COMELEC to exclude election
returns on the ground of statistical improbability.
Antonio Jr. vs COMELEC- Election returns which were the
products of coercion were also excluded and the power of the
COMELEC to exclude the same was also upheld.
The SC ruled that the power to declare a failure of election
involved the power to decide election contests which
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belonged not to the COMELEC but to the courts and the COMELEC STAGES
proper electoral tribunals.
I. Before election
Biliwang vs COMELEC- The SC upheld the power of the 1. Registration
COMELEC to annul the entire municipal election on the 2. Challenge
ground of post-election terrorism, not on the basis of its 3. Inclusion/ Exclusion
expanded jurisdiction over election contests, modified the 4. Voter’s qualifications and disqualifications
ruling in Antonio Jr. vs COMELEC is anchored on the ruling on 5. Certificate of candidacy
the broader power of the COMELEC to protect the integrity of 6. Precincts and Polling places
the election so that the will of the electorate is not defeated. 7. Ballot boxes
8. Watchers
Usman vs COMELEC- The COMELEC has also the power to 9. Petition to deny course or to cancel a certificate of
obtain the testimony of handwriting experts to be able to candidacy
determine if the election returns are falsified or not. 10. Political parties
11. Election campaigns, expenditures and propaganda
Sambarani vs COMELEC- The court held that the operational,
logistical, and financial problems which the COMELEC claims II. During election
it will encounter with the holding of a second special election 1. Casting of votes
can be solved with proper planning, coordination and 2. Challenge of illegal voters
cooperation among its personnel and other deputized 3. Records of challenges and oaths
agencies of the government. A special election will require a. Minutes of voting and counting votes
extraordinary efforts, but it is not impossible. b. List of unused ballots

The prohibition on conducting special elections after 30 days
from the cessation of the cause of the failure of elections is
not absolute. It is directory not mandatory, and the COMELEC
possess residual power to conduct special elections even
beyond the deadline prescribed by law. The deadline in sec. 6
of the Omnibus Election Code cannot defeat the right of
suffrage of the people as guaranteed by the constitution.
Sanchez vs COMELEC- The authority to call a special election
was upheld on the ground that failure of election justifies the
calling of special election in order to make the COMELEC truly
effective in the discharge of its functions. Just like in the
Biliwang case, the justification in this case is anchored again
on the broader power to insure free, orderly, and honest
elections so that the will of the electorate is not defeated.
Firvaldo vs COMELEC- In any action involving the possibility of
a reversal of the popular electoral choice, this court must
exert effort to resolve the issues in a manner that would give
effect to the will of the majority for it is merely sound public
policy to cause the elective offices to be filled by those who
are the choice of the majority.
Election laws are liberally and equitably construed to give
fullest effect to the manifest will of the people, for in case of
doubt, political laws must be interpreted to give life and spirit
to the popular mandate freely expressed through the ballot.
Otherwise, legal niceties and technicalities cannot stand in
the way of the sovereign will.
III. After election
1. Counting of votes
2. Board of election inspectors
3. Appreciation of ballots
4. Election returns
5. Announcement of the results of the election and issuance
of the certificate of votes received.
6. Canvass and proclamation
7. Pre-proclamation controversy
8. Election protest against a proclaimed candidate
9. Original and exclusive jurisdiction
10. Appellate jurisdiction
11. Requisites of election protest
12. Quo warranto requisites
13. Election offenses
14. Appeal
Before elections
1. A voter must possess the qualifications for suffrage. If he
possess all the qualifications and none of the
disqualifications, a qualified voter may vote in any election,
plebiscite or referendum only if he is registered in the list of
voters for the city or municipality in which he resides.
2. Election registration board. There shall be as may ERB as
there as are election officers in each city or municipality.
3. General registration of votes. The COMELEC shall
undertake a general registration of voters.

4. System of continuing registration- The personal filing of

application of registration of voters shall be conducted daily

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in the office of the election officer during regular office hours.
No registration shall, however, be conducted during the
period starting 120 days before a regular election and 90 days
before a special election.
Procedure
1. Application for registration may be challenged- The
challenge must be in writing, under oath, and attached to the
application, together with the proof of notice of hearing to
the challenger and applicant.
2. Said challenge may be opposed- It must be filed not later
than the second Monday of the month in which the same is
scheduled to be heard or processed by the election
registration board.
3. Said challenge shall be heard- It shall be heard on the third
Monday of the month and the decision shall be rendered
before the end of the month.
4. Registration records may be deactivated by the election
registration Board
1. Those who have been sentenced by final
judgment to suffer imprisonment for not less than
one year, and such disability have not been removed
by plenary pardon or amnesty. Upon expiration of 5
years after service of sentence as certified by the
clerk of court they may automatically reacquire the
right to vote.
2. Those who have been adjudged by final judgment
by a competent court or tribunal of having
committed/ caused any crime involving disloyalty to
the duly constituted government such as rebellion,
sedition, violation of the anti-subversion and
firearms law, or any crime involving national
security, unless restored to his full civil and political
rights in accordance with law. They can reacquire the
right after 5 years from service of sentence.
3. Those declared by competent authority to be
insane or incompetent. They can regain their right
upon declaration of a proper authority that said
persons are no longer insane or incompetent.
4. Those who did not vote in two successive
elections. SK elections are not included.
5. Those who have lost their Filipino citizenship.
Reactivation of registration- He may file with the election
officer a sworn application for registration in the form of an
affidavit stating that the grounds for deactivation no longer
exist.
Shall be filed not later than 120 days before a regular election
and 90 days before a special election.
The election officer shall submit application to the election
registration board for appropriate action.
Petition for inclusion- Any person whose application for
registration has been disapproved by the board or whose
name has been stricken out from the list may file with the
court a petition to include his name in the permanent list of
voters in his precinct at any time 105 days prior to a regular
election or 75 days prior to a special election. It shall be
supported by a certificate of disapproval of his application
and proof of service of notice of his petition upon the board.
The petition shall be decided within 15 days after its filing.
Petition for exclusion- Any registered voter, representative of
a political party of the election officer may file with the court
a sworn petition for the exclusion of a voter from the
permanent list of voters giving the name, address, and the
precinct of the challenged voter at any time except 100 days
prior to a special election. The petition shall be accompanied
by proof of notice to the board and to the challenged voter
and shall be decided within 10 days from its filing.
Annulment of book of voters grounds
1. When the book of voters is not prepared in accordance
with the provisions of RA no. 8189
2. When the book of voters was prepared through fraud,
bribery, forgery, impersonation, force or any similar
irregularity.
3. When the book of voters contains data that are statistically
improbable.
Limitation regarding the annulment of the book of voters-
An order, ruling, decision annulling a book of voters shall not
be executed 90 days before the election.
Rules for inclusion, exclusion, and correction of names of
voters:
1. It shall be filed during office hours.
2. Upon filing of the petition, the members of the board and
the challenged voter shall be notified of the place, date, time
of the hearing of the petition.
3. The election registration board shall be impleaded as
respondents.
4. A petition shall refer only to one precinct.
5. Any voter, candidate, or political party affected by the
proceedings may intervene and present his evidence.
6. No costs shall be assessed against any party.
7. If the court finds that the application has been filed solely
to harass the adverse party and cause him to incur expenses,
it shall order the culpable party to pay the costs and
incidental expenses.
8. The petition shall be heard and decided within 10 days
from the date of its filing.
9. The decision shall be based on the evidence presented.
10. The decision shall not be rendered upon a stipulation of
facts.
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11. If the question is whether or not a voter is real or
fictitious, his non-appearance on the day of the hearing shall
be prima facie evidence that the challenged voter is fictitious.
12. If the decision of the MTC or RTC is appealed, the same
shall be filed in the RTC which shall decide it within 10 days
from receipt of appeal.
13. The petition shall be decided by the court not later than
15 days before the election and the decision shall become
final and executory.
Jurisdiction in inclusion and exclusion proceedings
1. The Municipal Trial Court and Metropolitan Trial Courts
shall have the original and exclusive jurisdiction in their
respective cities and municipalities.
2. The decisions of said courts may be appealed.
Party- Means either a political party or a sectoral party or a
coalition of parties.
Political Party- Refers to 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 some of its leaders and members as candidates for
public office.
When a national party- It is a national party when its
constituency is spread over the geographical territory of at
least a majority of the regions.
When a regional party- It is a regional party when its
constituency is spread over the geographical territory of at
least a majority of the cities and provinces comprising the
region.
Sectoral party- A sectoral party refers to an 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 interest and concerns of
their sector.
Sectoral organization- A sectoral organization refers to a
group of citizens or a coalition of groups of citizens who share
similar physical attributes or characteristics, employment,
interest or concens.
Coalition- A coalition refers to an aggrupation of duly
registered national, regional, sectoral parties or organizations
for political and or election purposes.
Procedure for participation in the party-list system
1. A group that likes to participate in the party-list system
must file a verified petition in the COMELEC stating its desire
to participate in the party-list system, either as a national,
regional, sectoral party or organization or a coalition of such
parties or organizations.
The following cannot be registered as political parties
1. Religious denominations or sects.
2. Those who seek to achieve their goals through violence or
unlawful means.
3. Those who refuse to uphold and adhere to the
constitution.
4. Those supported by foreign governments.
Grounds for cancellation of registration of parties:
1. It is a religious sect, denomination, or association organized
for religious purposes.
2. It advocates violence or unlawful means to seek its goal.
3. It is a foreign party or organization.
4. It 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 or partisan election purposes.
5. It violates or fails to comply with laws, rules, or regulations
relating to elections.
6. It declares untruthful statements in its petition
7. It has ceased to exist for at least one year.
8. It fails to participate in the last two preceding elections, or
fails to obtain at least 2% of the votes cast under the party-
list system in the two preceding elections for the constituency
in which it was registered.
Candidate- Under the Omnibus Election Code, the term
candidate refers to any person aspiring or seeking an elective
public office, who has filed a certificate of candidacy by
himself or through an accredited political party, aggroupment
or coalition of parties.
Qualifications for elective local officials
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 members of the Sangguniang
Panlalawigan, Panlungsod, or Bayan, in the district where he
intends to be elected.
3. A resident therein for at least 1 year immediately
preceding the day of the election.
4. Able to read and write Filipino or any other local language.
5. A resident of the Philippines for not less than 2 years
immediately preceding the day of the election.
6. Age requirements
1. Governor, Vice-Governor, Member of
Sangguniang Panlalawigan, Mayor, Vice Mayor,
Member of Sangguniang Panlungsod of highly
urbanozed cities- At least 23 years old on election
day.
2. Mayor or Vice Mayor of independent component
cities or municipalities- A least 21 years old on
election day.
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 3. Member of Sangguniang Panlungsod or Bayan- At
least 18 years of age on election day.
4. Punong barangay or member of Sangguniang
Barangay- At least 18 years on election day.
4. Sangguniang Kabataan- 15-21 years on election
day.
Disqualifications of candidates (Section 68)
Any candidate who, in an action or protest in which he is a
party is declared by a final decision of a competent court
guilty of, or found by the commission of having:
1. Given money or other material consideration to influence,
induce, or corrupt the voters or public officials performing
electoral functions.
2. Committed acts of terrorism to enhance his candidacy.
3. Spent in his election campaign an amount in excess of what
is allowed in this code.
4. Solicited, received, or made any contribution prohibited
under secs 89, 95,96, 97, and 104.
5. Violated any of Secs 80,83, 85, 86, and 261 paragraphs
d,e,k,v,and cc sub paragraph 6 shall be disqualified from
continuing as a candidate or if he has been elected, from
holding office. Any person who is a permanent resident of or
an immigrant to a foreign country shall not be qualified to run
for any elective office under this code, unless said person has
waived his status as permanent resident or immigrant of a
foreign country in accordance with the residence
requirement provided for in the election laws.
Section 80- Election campaign or partisan political activity
outside campaign period.
Section 83- Removal, destruction, or defacement of lawful
election propaganda.
Section 85- Prohibited forms of election propaganda.
Section 86- Regulation of election propaganda through mass
media.
Section 261- Prohibited acts which are considered as election
offenses.
Disqualification of local candidates
1. Those sentenced by final judgment for an offense
punishable by one year or more of imprisonment and within
two years after serving sentence.
2. Those removed from office as a result of an administrative
case.
3. Those convicted by final judgment for violating the oath of
allegiance to the Republic of the Philippines.
4. Those with dual citizenship.
5. Fugitives from injustice in criminal and non-political case
here and 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.
7. Those who are insane and feeble minded.
Dela Torre vs COMELEC- Probation does not erase
disqualification resulting from conviction of a crime involving
moral turpitude.
Grego vs COMELEC- Effect if an elective local official was
removed from office on account of an administrative case
prior to the date when the LGC became effective, he is not
disqualified from running for an elective local public office
because sec. 40 of the LGC cannot be given retroactive effect.
Lanot vs COMELEC- The electoral aspect of a disqualification
case is not rendered inutile by the death of the petitioner
provided there is a proper substitution or intervention of
parties while there is a pending case.
Withdrawal of certificate of candidacy- By submitting of a
written declaration under oath that the candidate is
withdrawing the same.
Rationale for prohibition of nuisance candidates- The state
has a compelling interest to ensure that its electoral exercises
are rational, objective, and orderly. Towards this end, the
state takes into account the practical considerations in
concluding elections. Inevitably, the greater the number of
candidates, the greater the opportunities for logistical
confusion, not to mention the increased allocation of time
and resources in preparation for the election. These practical
difficulties should, of course, never exempt the state from the
conduct of a mandated electoral exercise.
Comment in COMELEC Resolution no. 6558- There is a need
to limit the number of candidates especially in the case of
candidates for national positions because the election
process becomes a mockery if even those who cannot clearly
wage a national campaign are allowed to run.
Effect of 2 certificates of candidacy- He becomes ineligible
for either positions.
Miranda vs Abaya- A candidate whose certificate of
candidacy has been cancelled or not given due course cannot
be substituted by another belonging to the same political
party.
Number of precincts- Every barangay shall have at least one
election precinct.
COMELEC may introduce adjustments, changes, or new
divisions or abolish election precincts provided, that the
territory comprising an election precinct shall not be altered
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or a new precinct established within 45 days before a regular
election and 30 days before a special election or referendum
or plebiscite.
Each election precinct contains more than 300 voters and
shall comprise as far as practicable, contiguous and compact
territory.
The COMELEC may divide a precinct in the interest of an
orderly election.
Ballot boxes- Ballot boxes shall be solidly constructed and
shall be closed with 3 different locks as well as 3 numbered
security locks and such other safety devices as the COMELEC
may prescribe in such a way that they cannot be opened
except by means of 3 distinct keys and by destroying such
safety devices.
Watchers
1. Each candidate and political party or coalition of political
parties duly registered with the COMELEC and fielding
candidates including those in the party-list system may
appoint watchers to serve alternatively in every polling place.
2. Qualifications of watchers
1. Qualified voter of the city, municipality
2. Of good reputation
3. Never been convicted of any crime
4. Knows how to read and write English, Filipino, or
any of the prevailing local dialects.
5. Not related within the 4th degree of consanguinity
or affinity to any member of the BEI in the polling
place where he seeks appointment as watcher.
Petition to deny due course to or cancel a certificate of
candidacy
1. It may be filed by any person exclusively on the ground that
any material representation contained in the certificate of
candidacy is false.
2. It may be filed at any time not later than 25 days from the
time of the filing of the certificate and shall be decided after
due notice and hearing not later than 15 days before the
election.
Election campaign or partisan political activity- Refers to an
act designed to promote the election or defeat of a particular
candidate or candidates to a public office. It includes forming
organizations of group of persons, holding political caucuses,
meetings, rallies, or other similar assemblies, making
speeches or commentaries and publishing or distributing
campaign literature materials for the purpose of soliciting
votes and/ or undertaking any campaign or propaganda to
support or oppose the election of any candidate.
It does not include public expression of opinions or discussion
of probable issues in a forthcoming election or on attributes
of or criticisms against probable candidates proposed to be
nominated in a forthcoming political party convention.
Prohibited acts
1. 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: Provided, That political
parties may hold political conventions or meetings to
nominate their official candidates within thirty days before
the commencement of the campaign period and forty-five
days for Presidential and Vice-Presidential election.
2. Intervention of foreigners. - It shall be unlawful for any
foreigner, whether judicial or natural person, to aid any
candidate or political party, directly or indirectly, or take part
in or influence in any manner any election, or to contribute or
make any expenditure in connection with any election
campaign or partisan political activity.
3. It shall be unlawful for any person during the campaign
period to remove, destroy, obliterate, or in any manner
deface or tamper with, or prevent the distribution of lawful
election propaganda.
4. It shall be unlawful
(a) 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;
(b) 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;
(c) 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;
(d) To show or display publicly any advertisement or
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
(e) For any radio broadcasting or television station to sell or
give free of charge air time for campaign and other political
purposes except as authorized in this Code under the rules
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and regulations promulgated by the Commission pursuant
thereto.
Any prohibited election propaganda gadget or advertisement
shall be stopped, confiscated or torn down by the
representative of the Commission upon specific authority of
the Commission.
Lawful election propaganda. - Lawful election propaganda
shall include:
1. Pamphlets, leaflets, cards, decals, stickers or other written
or printed materials of a 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, with an area exceeding two feet by three feet, except
that, at the site and on the occasion of a public meeting or
rally, or in announcing the holding of said meeting or rally,
streamers not exceeding three feet by eight feet in size, shall
be allowed: Provided, That said streamers may not be
displayed except one week before the date of the meeting or
rally and that it shall be removed within seventy-two hours
after said meeting or rally; or
4. 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:
Provided, 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.
Contribution- The term includes a gift, donation,
subscription, loan, advance, or deposit of money or anything
of value, or a contract, promise or agreement to contribute,
whether or not legally enforceable, made for the purpose of
influencing the results of the elections but shall not include
services rendered without compensation by individuals
volunteering a portion or all of their time in behalf of a
candidate or political party. It shall also include the use of
facilities voluntarily donated by other persons, the money
value of which can be assessed based on the rates prevailing
in the area.
Prohibited Contributions Section 95:
No contribution for purposes of partisan political activity shall
be made directly or indirectly by any of the following:
1. Public or private financial institutions: Provided, however,
That nothing herein shall prevent the making of any loan to a
candidate or political party by any such public or private
financial institutions legally in the business of lending money,
and that the loan is made in accordance with laws and
regulations and in the ordinary course of business;
2. Natural and juridical persons operating a public utility or in
possession of or exploiting any natural resources of the
nation;
3. 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;
4. 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;
5. Natural and juridical persons who, within one year prior to
the date of the election, have been granted loans or other
accommodations in excess of P100,000 by the government or
any of its divisions, subdivisions or instrumentalities including
government-owned or controlled corporations;
6. Educational institutions which have received grants of
public funds amounting to no less than P100,000.00;
7. Officials or employees in the Civil Service, or members of
the Armed Forces of the Philippines; and
8. Foreigners and foreign corporations.
It shall be unlawful for any person to solicit or receive any
contribution from any of the persons or entities enumerated
herein.
Expenditures
1. Candidates- 10 pesos for president and vice president, 3
pesos for every vote currently registered in the constituency
where he filed his certificate of candidacy. Provided, that a
candidate without any political party and without support
from any political party may be allowed to spend 5 pesos for
every such voter.
2. Political Parties- 5 pesos for every voter currently
registered in the constituency or constituencies where it has
official candidates.
Statement of contributions and expenses
1. Every candidate and treasurer of the political party shall,
within 30 days after the day of the election, file in duplicate
with the offices of the COMELEC, the full and itemized
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statement of all contributions and expenditures in connection
with the election.
2. 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 herein required. The same
prohibition shall apply if the political party that nominated
the winning candidate fails to file the statement required
therein.
3. Except candidates for elective barangay office, failure to
file the statements or reports in connection with electoral
contributions and expenditures shall constitute an
administrative offense for which the offenders shall be liable
to pay an administrative fine ranging from 1000 to 30,000
pesos in the discretion of the COMELEC. The fine shall be paid
within 30 days from receipt of notice of such failure.
Otherwise, it shall be enforceable by a writ of execution
issued by the commission against the properties of the
offender. For the commission of a second or subsequent
offense the administrative fine shall range from 2,000 to
60,000 in the discretion of the commission. In addition, the
offender shall be subject to perpetual disqualification to hold
public office.
During election
Casting of votes- 7 am to 3 pm, except 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 shal
continue but only to allow said voters to cast their votes
without interruption.
The poll clerk shall, without delay, 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 shall not be permitted to vote.
BEI before the voting shall:
1. It shall meet at the polling place at 6:30 am of election day
and shall have the book of voters containing all the approved
applications of registration of voters pertaining to the polling
place, the certified list of voters, the certified lise of
candidates, the ballot box, the official ballots, sufficient
indelible pencils or ballpens for the use of the voters, the
forms to be used, and all other materials which may be
necessary.
2. Immediately thereafter, the chairman of the BEI shall open
the ballot box, empty both of its compartments, exhibit them
to all those present and being empty, lock its interior covers
with 3 padlocks.
3. The chairman shall forthwith show to the public and the
watchers present the package of official ballots received
from the city or municipal treasurer duly wrapped and sealed
and the number of pads, the serial numbers and the types of
forms of the ballots in each pad appearing on the cover, and
the book of voters duly sealed. The BEI shall then break the
seals of the package of official ballots and the book of voters.
The BEI shall then enter the minutes the fact that the package
of the ballots, and the book of voters were shown to the
public with their wrapping and corresponding seals intact and
/or if they find that the wrapping and seals are broken, such
fact must be stated in the minutes as well as the number of
pads and serial numbers of ballots that they find in the
package. Ballots with separately printed serial numbers shall
be deemed spurious and shall not be utilized by the board of
election inspectors unless the COMELEC representative shall
order their issue in writing stating the reasons therefor.
4. The chairman and the 2 party members of the BEI shall
retain in their possession their respective keys to the
padlocks during the voting.
5. The box shall remain locked until the voting is finished and
the counting begins. However, if it should become necessary
to make room for more ballots the BEI may open the box in
the presence of the whole board and watchers, and the
chairman shall press down his hands the ballots contained
therein without removing any of them, after which the board
of election inspectors shall close the box and lock it with 3
padlocks as herein before provided.
No person shall be allowed in and around the polling place
during the voting. Except:
1. BEI
2. Watchers
3. Representatives of the COMELEC
4. Voters casting their votes
5. Voters waiting for their turn to get inside the booths whose
number shall not exceed twice the number of booths and the
voters waiting for their turn whose number shall not exceed
20 at any one time.
Police shall not be allowed to enter of stay inside the polling
place except when there is an actual disturbance of the peace
and order therein.
Illiterate and physically unable person may be assisted in the
preparation of his ballot.- Relative by consanguinity or affinity
within the 4th civil degree or if he has none, by any person of
his confidence who belongs to the same household or any
member of the BEI except 2 party members.
No voter shall be allowed to vote as illiterate or physically
disabled unless it is so indicated in his registration record.
In no case shall the assistor assist more than 3 times except
non-party members of the BEI.
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Accidental spoilage or defacement of a ballot in such a way
that it cannot be lawfully used- The voter shall surrender 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 2nd ballot
and recording said serial number in the corresponding spaces
in the voting record.
No voter shall change his ballot more than twice.
Challenge of voters grounds:
1. Offering to vote but not registered.
2. Using the name of another.
3. Suffering from an existing disqualification.
4. That the challenged person has received or expects to
receive, has paid, offered or promised to pay, has
contributed, offered or promised to contribute money or
anything of value as consideration for his vote or for the vote
of another.
5. He has made or received a promise to influence the giving
or withholding of any such vote.
6. He has made a bet or is interested directly or indirectly in a
bet which depends upon the results of the election.
 The challenged person shall take a prescribed oath
before the BEI that he has not committed any of the
acts alleged in the challenge.
 Upon the taking of such oath, the challenge shall be
dismissed and the challenged voter shall be allowed
to vote, but in case of his refusal to take oath, the
challenge shall be sustained and he shall not be
allowed to vote.
What are contained in the minutes of voting in the counting
of votes?
1. The time the voting commenced and ended.
2. The serial numbers of the official ballots and election
returns, special envelopes and seals received.
3. The number of official ballots used and the number
unused.
4. The number of voters who cast their votes.
5. The number of voters challenged during the voting.
6. The names of watchers present.
7. The time the counting of votes commenced and ended.
8. The number of official ballots found inside the
compartment for valid ballots.
9. The number of official ballots, if any, retrieved from the
compartment for spoiled ballots.
10. The number of ballots, if any, found folded together.
11. The number of spoiled ballots withdrawn from the
compartment for valid ballots.
12. The number of excess ballots.
13. The number of marked ballots.
14. The number of ballots read and counted.
15. The time the election returns were signed and sealed in
their respective special envelopes.
16. The number and nature of protests made by watchers.
17. Such other matters that the commission may require.
After elections
Counting of votes
1. As soon as the voting is finished, the BEI shall publicly
count in the polling place the votes cast and ascertain the
results.
2. The BEI shall not adjourn or postpone or delay the count
until it has been fully completed, unless otherwise ordered by
the commission.
3. The commission, in the interest of free, orderly, and honest
elections, may order the BEI to count the votes and to
accomplish the election returns and other forms prescribed
under the code in any other place within a public building in
the same municipality or city, provided, that the said public
building shall not be located within the perimeter of or inside
a military or police camp or reservation nor inside a prison
compound.
4. If on account of imminent danger of violence, terrorism,
disorder, or similar causes it becomes necessary to transfer
the counting of votes to a safer place, the BEI may effect such
transfer by unanimous approval by the BEI and concurrence
by the majority of the watchers present.
5. Before proceeding ton count the votes, the BEI shall count
the ballots in the compartment for valid ballots without
unfolding them or exposing their contents, except so far as to
ascertain that each ballot is single, and compare the number
of ballots in the box with the number of voters who have
voted. If there are excess ballots, they shall return in the box
and thoroughly mixed therein, and the poll clerk, without
seeing the ballots and with his back to the box, shall publicly
draw out as many ballots as may be equal to the excess and
without unfolding them, place them in an envelope which
shall be marked excess ballots and which shall be sealed and
signed by the members of the BEI. The envelope shall be
placed in the compartment for valid ballots, but its contents
shall not be read in the counting of votes. If in the course of
the examination of ballots are found folded together before
they were deposited in the box they shall be placed in the
envelope for excess ballots. In case ballots with their
detachable coupons be found in the box, such coupons shall
be removed and deposited in the compartment for spoiled
ballots, and the ballots shall be included in the file of valid
ballots. If ballots with the word spoiled be found in the box,
such ballots shall likewise be placed in the compartment for
spoiled ballots.
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Manner of counting votes (Sec.210)
The counting of votes shall be made in the following manner:
1. The board of election inspectors shall unfold the ballots
and form separate piles of one hundred ballots each, which
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 thumbmark
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.
5. Each vote shall be recorded by a vertical line, except every
fifth vote which shall be recorded by a diagonal line crossing
the previous four vertical lines.
6. One party member shall see to it that the chairman reads
the vote as written on the ballot, and the other shall check
the recording of the votes on the tally board or sheet and the
election returns seeing to it that the same are correctly
accomplished.
7. 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.
8. 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.
9. 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.
10 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.
11. 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.
Powers of the BEI
1. To conduct the voting and counting of votes in the polling
place.
2. To act as deputies of the COMELEC in supervision and
control of the polling place.
3. To maintain order within the polling place and its premises
to keep access thereto open and unobstructed and to enforce
obedience to its lawful orders
4. To perform such other functions as prescribed by the code
or by the rules of the COMELEC.
Composition of the BEI
1. Chairman
2. Member
3. Poll clerk
 must be public school teachers
Qualifications of members of the BEI
1. Good moral character and irreproachable reputation.
2. Registered voter of the city or municipality.
3. Never been convicted of any election offense or any other
crime punishable by more than 6 months imprisonment.
4. Able to speak and write English or the local dialect.
Disqualifications of members of the BEI
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 in the polling place.
2. Must not engage in any partisan political activity.
Proceedings of the BEI- Shall be public and held only in the
polling place although the counting of votes and preparation
of the return may be done in the nearest safe barangay or
school building within the municipality by unanimous votes of
the board and concurred in by a majority of the watchers
present, if there is imminent danger of violence, terrorism,
disorder, or similar causes.
The BEI shall act through its chairman and shall decide witout
delay by majority vote all questions which may arise in the
performance of its duties.
Different Kinds of Ballots:
1. Official Ballots for national and local elections, regular or
special, plebiscites and referendum. The same shall be of
uniform size and shall be prescribed by the commission.
2. A different form of official ballot on the same watermarked
security paper to facilitate voting by illiterate voter.
3. Official ballot for cities and municipalities where Arabic is
of general use.
4. Official sample ballots.
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No ballots other than the official ballots shall be used or
counted
Exceptions:
1. When there is failure to receive the official ballots on time.
2. Where there are no sufficient ballots for all registered
voters.
3. Where they are destroyed at such time as shall render it
impossible to provide other official ballots.
 In these cases, the municipal treasurer shall provide
other ballots which shall be similar to the official
ones as circumstances will permit and which shall be
uniform within each polling place.
 The treasurer shall immediately report such action to
the commission.
 The municipal treasurer shall not undertake the
preparation of the emergency ballots unless the
political parties, candidates, and the organizations
collectively authorized by the COMELEC to designate
watchers have been sufficiently notified to send
their representatives and have agreed in writing to
the preparation and use of emergency ballots.
 Every ballot shall be presumed to be valid, unless
there is a clear and good reasons to justify its
rejection.
 In the appreciation of ballots, the object should be to
ascertain and carry into effect the intention of the
voter, if it could be determined with reasonable
certainty.
 Outmost liberality must be observed in reading the
ballot in order not to defeat the intention of the
voters.
 Technical rules should not be permitted to defeat
the intention of the voter, if that intention is
discernible from the ballot itself and from the
evidence aliunde.
 Extreme caution should be observed before a ballot
is invalidated and doubts are to be resolved in favour
of their validity.
Section 211. Rules for the appreciation of ballots. - In the
reading and appreciation of ballots, every ballot shall be
presumed to be valid unless there is clear and good reason to
justify its rejection. The board of election inspectors shall
observe the following rules, bearing in mind that the object of
the election is to obtain the expression of the voter's will:
1. Where only the first name of a candidate or only his
surname is written, the vote for such candidate is valid, if
there is no other candidate with the same first name or
surname for the same office.
2. Where only the first name of a candidate is written on the
ballot, which when read, has a sound similar to the surname
of another candidate, the vote shall be counted in favor of
the candidate with such surname. If there are two or more
candidates with the same full name, first name or surname
and one of them is the incumbent, and on the ballot is
written only such full name, first name or surname, the vote
shall be counted in favor of the incumbent.
3. In case the candidate is a woman who uses her maiden or
married surname or both and there is another candidate with
the same surname, a ballot bearing only such surname shall
be counted in favor of the candidate who is an incumbent.
4. When two or more words are written on the same line on
the ballot, all of which are the surnames of two or more
candidates, the same shall not be counted for any of them,
unless one is a surname of an incumbent who has served for
at least one year in which case it shall be counted in favor of
the latter.
When two or more words are written on different lines on
the ballot all of which are the surnames of two or more
candidates bearing the same surname for an office for which
the law authorizes the election of more than one and there
are the same number of such surnames written as there are
candidates with that surname, the vote shall be counted in
favor of all the candidates bearing the surname.
5. When on the ballot is written a single word which is the
first name of a candidate and which is at the same time the
surname of his opponent, the vote shall be counted in favor
of the latter.
6. When two words are written on the ballot, one of which is
the first name of the candidate and the other is the surname
of his opponent, the vote shall not be counted for either.
7. A name or surname incorrectly written which, when read,
has a sound similar to the name or surname of a candidate
when correctly written shall be counted in his favor;
8. When a name of a candidate appears in a space of the
ballot for an office for which he is a candidate and in another
space for which he is not a candidate, it shall be counted in
his favor for the office for which he is a candidate and the
vote for the office for which he is not a candidate shall be
considered as stray, except when it is used as a means to
identify the voter, in which case, the whole ballot shall be
void.
If the word or words written on the appropriate blank on the
ballot is the identical name or surname or full name, as the
case may be, of two or more candidates for the same office
none of whom is an incumbent, the vote shall be counted in
favor of that candidate to whose ticket belong all the other
candidates voted for in the same ballot for the same
constituency.
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9. When in a space in the ballot there appears a name of a
candidate that is erased and another clearly written, the vote
is valid for the latter.
10. The erroneous initial of the first name which accompanies
the correct surname of a candidate, the erroneous initial of
the surname accompanying the correct first name of a
candidate, or the erroneous middle initial of the candidate
shall not annul the vote in favor of the latter.
11. The fact that there exists another person who is not a
candidate with the first name or surname of a candidate shall
not prevent the adjudication of the vote of the latter.
12. Ballots which contain prefixes such as "Sr.", "Mr.", "Datu",
"Don", "Ginoo", "Hon.", "Gob." or suffixes like "Hijo", "Jr.",
"Segundo", are valid.
13. The use of the nicknames and appellations of affection
and friendship, if accompanied by the first name or surname
of the candidate, does not annul such vote, except when they
were used as a means to identify the voter, in which case the
whole ballot is invalid: Provided, That if the nickname used is
unaccompanied by the name or surname of a candidate and
it is the one by which he is generally or popularly known in
the locality, the name shall be counted in favor of said
candidate, if there is no other candidate for the same office
with the same nickname.
14. Any vote containing initials only or which is illegible or
which does not sufficiently identify the candidate for whom it
is intended shall be considered as a stray vote but shall not
invalidate the whole ballot.
15. If on the ballot is correctly written the first name of a
candidate but with a different surname, or the surname of
the candidate is correctly written but with different first
name, the vote shall not be counted in favor of any candidate
having such first name and/or surname but the ballot shall be
considered valid for other candidates.
16. Any ballot written with crayon, lead pencil, or in ink,
wholly or in part, shall be valid.
17. Where there are two or more candidates voted for in an
office for which the law authorizes the election of only one,
the vote shall not be counted in favor of any of them, but this
shall not affect the validity of the other votes therein.
18. If the candidates voted for exceed the number of those to
be elected, the ballot is valid, but the votes shall be counted
only in favor of the candidates whose names were firstly
written by the voter within the spaces provided for said office
in the ballot until the authorized number is covered.
19. Any vote in favor of a person who has not filed a
certificate of candidacy or in favor of a candidate for an office
for which he did not present himself shall be considered as a
stray vote but it shall not invalidate the whole ballot.
20. Ballots containing the name of a candidate printed and
pasted on a blank space of the ballot or affixed thereto
through any mechanical process are totally null and void.
21. Circles, crosses or lines put on the spaces on which the
voter has not voted shall be considered as signs to indicate
his desistance from voting and shall not invalidate the ballot.
22. Unless it should clearly appear that they have been
deliberately put by the voter to serve as identification marks,
commas, dots, lines, or hyphens between the first name and
surname of a candidate, or in other parts of the ballot, traces
of the letter "T", "J", and other similar ones, the first letters or
syllables of names which the voter does not continue, the use
of two or more kinds of writing and unintentional or
accidental flourishes, strokes, or strains, shall not invalidate
the ballot.
23. Any ballot which clearly appears to have been filled by
two distinct persons before it was deposited in the ballot box
during the voting is totally null and void.
24. Any vote cast in favor of a candidate who has been
disqualified by final judgment shall be considered as stray and
shall not be counted but it shall not invalidate the ballot.
25. Ballots wholly written in Arabic in localities where it is of
general use are valid. To read them, the board of election
inspectors may employ an interpreter who shall take an oath
that he shall read the votes correctly.
26. The accidental tearing or perforation of a ballot does not
annul it.
27. Failure to remove the detachable coupon from a ballot
does not annul such ballot.
28. A vote for the President shall also be a vote for the Vice-
President running under the same ticket of a political party,
unless the voter votes for a Vice-President who does not
belong to such party.
If after assuming office, the winning candidate is declared
disqualified to hold public office, who shall succeed to the
position of the disqualified candidate- A permanent vacancy
occurs and the law on succession under the LGC shall apply.
General Rule: The COMELEC cannot proclaim a winner a
candidate who obtained the second highest number of
votes, should the winning candidate be declared ineligible
or disqualified.
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Exceptions: The 2 requisites must concur (Sinsuat vs
COMELEC)
1. The one who obtained the highest number of votes is
disqualified.
2. The electorate is fully aware in fact and in law of a
candidate’s disqualification so as to bring such awareness
within the realm of notoriety but would nonetheless cast
their votes in favour of the ineligible candidate.
Section 212. Election returns. - The board of election
inspectors shall prepare the election returns simultaneously
with the counting of the votes in the polling place as
prescribed in Section 210 hereof.
1. The return shall be prepared in sextuplicate. The recording
of votes shall be made as prescribed in said section.
2. The entry of votes in words and figures for each candidate
shall be closed with the signature and the clear imprint of the
thumbmark of the right hand of all the members, likewise to
be affixed in full view of the public, immediately after the last
vote recorded or immediately after the name of the
candidate who did not receive any vote.
3. The returns shall also show the date of the election, the
polling place, the barangay and the city of municipality in
which it was held, the total number of ballots found in the
compartment for valid ballots, the total number of valid
ballots withdrawn from the compartment for spoiled ballots
because they were erroneously placed therein, the total
number of excess ballots, the total number of marked or void
ballots, and the total number of votes obtained by each
candidate, writing out the said number in words and figures
and, at the end thereof, the board of election inspectors shall
certify that the contents are correct.
4. The returns shall be accomplished in a single sheet of
paper, but if this is not possible, additional sheets may be
used which shall be prepared in the same manner as the first
sheet and likewise certified by the board of election
inspectors.
5. The Commission shall take steps so that the entries on the
first copy of the election returns are clearly reproduced on
the second, third, fourth, fifth, and sixth copies thereof, and
for this purpose the Commission shall use a special kind of
paper.
6. Immediately upon the accomplishment of the election
returns, each copy thereof shall be sealed in the presence of
the watchers and the public, and placed in the proper
envelope, which shall likewise be sealed and distributed as
herein provided.
7. Any election return with a separately printed serial number
or which bears a different serial number from that assigned
to the particular polling place concerned shall not be
canvassed.
8. This is to be determined by the board of canvassers prior to
its canvassing on the basis of the certification of the
provincial, city or municipal treasurer as to the serial number
of the election return assigned to the said voting precinct,
unless the Commission shall order in writing for its
canvassing, stating the reason for the variance in serial
numbers.
9. If the signatures and/or thumbmarks of the members of
the board of election inspectors or some of them as required
in this provision are missing in the election returns, the board
of canvassers may summon the members of the board of
election inspectors concerned to complete the returns.
Section 213. Proclamation of the result of the election in the
polling place. - Upon the completion of the election returns,
the chairman of the board of election inspectors shall orally
and publicly announce the total number of votes received in
the election in the polling place by each and every one of the
candidates, stating their corresponding office.
How election returns distributed:
In the election for President, Vice President, Senators,
Members of the House of Representatives and parties,
organizations, or coalitions participating under the part-list
system, the returns shall be prepared in 7 copies and
distributed as follows:
1. City or municipal board of canvassers.
2. Congress, directed to the President of the Senate.
3. The COMELEC
4. The dominant majority party as determined by the
COMELEC.
5. To the dominant minority party as determined by the
COMELEC.
6. To the citizen’s authorized by the COMELEC to conduct
unofficial count.
7. Deposited inside the compartment of the ballot box for
valid ballots.
In the election of local officials
1. City or Municipal Board of Canvassers
2. COMELEC
3. Provincial Board of Canvassers
4. To the dominant majority party as determined by the
COMELEC.
5. To the dominant minority party as determined by the
COMELEC.
6. To the citizen’s authorized by the COMELEC to conduct
unofficial count.
7. Deposited inside the compartment of the ballot box for
valid ballots.
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Garay vs COMELEC- A certificate of votes is not a valid basis
for canvass. It can only be evidence to prove tampering,
alteration, falsification, or any other anomaly committed in
the election returns concerned, when duly authenticated.
A certificate of votes does not constitute sufficient evidence
of the true and genuine results of the elections; only election
returns are. In like manner, neither is the tally board
sufficient evidence of the real results of the election.
Canvass and Proclamation
Section 221. Board of canvassers. - There shall be a board of
canvassers for each province, city, municipality, and district
of Metropolitan Manila as follows:
(a) Provincial board of canvassers. - the provincial board of
canvassers shall be composed of the provincial election
supervisor or a senior lawyer in the regional office of the
Commission, as chairman, the provincial fiscal, as vice-
chairman, and the 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, as members.
(b) City board of canvassers. - the city board of canvassers
shall be composed of the city election registrar or a lawyer of
the Commission, as chairman, 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.
(c) District board of canvassers of Metropolitan Manila - the
district board of canvassers shall be composed of a lawyer of
the Commission, as chairman, and 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, and one representative from each of the ruling
party and the dominant opposition political party in the
constituency concerned, as members.
(d) Municipal board of canvassers. - the municipal board of
canvassers shall be composed of the election registrar or a
representative of the Commission, as chairman, the municipal
treasurer, and 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, as members.
(e) 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.
Section 222. Relationship with candidates and other
members. - The chairman and the members of the board of
canvassers shall not be related within the fourth civil degree
of consanguinity or affinity to any of the candidates whose
votes will be canvassed by said board, or to any member of
the same board.
Section 223. Prohibition against leaving official station. -
During the period beginning election day until the
proclamation of the winning candidates, no member or
substitute member of the different boards of canvassers shall
be transferred, assigned or detailed outside of his official
station, nor shall he leave said station without prior authority
of the Commission.
Canvass of election returns of president and vice-president
 The returns of every election for President and Vice
President shall be duly certified by the board of
canvassers of each province or city, and the returns
as certified shall be transmitted to congress. Upon
determination of the authority and due executing of
the certificates of canvass, congress shall canvass the
votes.
Procedure in the canvass of election returns and the
proclamation of the President and Vice President:
1. Transmission of returns- The returns of every election for
President and Vice President shall be duly certified by the
board of canvassers of each province or city.
2. Transmission of certified returns to the congress- The
certified returns shall be transmitted to the congress,
directed to the president of the senate.
3. Opening of certificates of canvass- Upon receipt of the
certificates of canvass, the president of the senate shall, not
later than 30 days after the day of the election, open all the
certificates in the presence of the Senate and the House of
Representatives in joint public session.
4. Canvass of the votes by congress- Upon determination of
the authenticity and the execution of the certificates of
canvass, congress shall canvass the votes.
5. Proclamation- The person having the highest number of
votes shall be proclaimed elected.
6. In case of tie- In case of two or more shall have an equal
and highest number of votes, one of them shall forthwith be
chosen by a voice of a majority of all members of the
congress.
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7. Promulgation of rules for canvassing of certificates- The
congress shall promulgate its rules for the canvassing of the
certificates.
8. Sole judge of all contests- The SC en banc, shall be the sole
judge of all contests relating to the
1. Election
2. Returns
3. Qualifications of the president or vice president
The SC may promulgate its rules for the purpose.
Nature of canvass proceedings- Administrative and primary
in nature.
Elections returns- They are not conclusive proof that the
results of the voting are true, but they are accorded prima
facie status as bonafide reports of the results of the voting
and cannot just be disregarded or excluded.
Objections to election returns- Written objections must be
filed only during this stage because it is only at this stage that
the exclusion of any return is in issue.
Election returns which are clean on their face cannot be
invalidated on mere allegations of fraud, duress or coercion.
Any political party has the right to examine the returns being
canvassed without touching them, to make their observations
thereon, and file their challenges in accordance with the rules
of the COMELEC.
Section 232. Persons not allowed inside the canvassing
room. - It shall be unlawful for any officer or member of the
Armed Forces of the Philippines, including the Philippine
Constabulary, or the Integrated National Police or any peace
officer or any armed or unarmed persons belonging to an
extra-legal police agency, special forces, reaction forces,
strike forces, home defense forces, barangay self-defense
units, barangay tanod, or of any member of the security or
police organizations of government ministries, commissions,
councils, bureaus, offices, instrumentalities, or government-
owned or controlled corporations or their subsidiaries or of
any member of a privately owned or operated security,
investigative, protective or intelligence agency performing
identical or similar functions to enter the room where the
canvassing of the election returns are held by the board of
canvassers and within a radius of fifty meters from such
room: Provided, however, That the board of canvassers by a
majority vote, if it deems necessary, may make a call in
writing for the detail of policemen or any peace officers for
their protection or for the protection of the election
documents and paraphernalia in the possession of the board,
or for the maintenance of peace and order, in which case said
policemen or peace officers, who shall be in proper uniform,
shall stay outside the room within a radius of thirty meters
near enough to be easily called by the board of canvassers at
any time.
Section 233. When the election returns are delayed, lost or
destroyed. - In case its copy of the election returns is missing,
the board of canvassers shall, by messenger or otherwise,
obtain such missing election returns from the board of
election inspectors concerned, or if said returns have been
lost or destroyed, the board of canvassers, upon prior
authority of the Commission, may use any of the authentic
copies of said election returns or a certified copy of said
election returns issued by the Commission, and forthwith
direct its representative to investigate the case and
immediately report the matter to the Commission.
The board of canvassers, notwithstanding the fact that not all
the election returns have been received by it, may terminate
the canvass and proclaim the candidates elected on the basis
of the available election returns if the missing election returns
will not affect the results of the election.
Section 234. Material defects in the election returns. - If it
should clearly appear that some requisites in form or data
had been omitted in the election returns, the board of
canvassers shall call for all the members of the board of
election inspectors concerned by the most expeditious
means, for the same board to effect the correction: Provided,
That in case of the omission in the election returns of the
name of any candidate and/or his corresponding votes, the
board of canvassers shall require the board of election
inspectors concerned to complete the necessary data in the
election returns and affix therein their initials: Provided,
further, That if the votes omitted in the returns cannot be
ascertained by other means except by recounting the ballots,
the Commission, after satisfying itself that the identity and
integrity of the ballot box have not been violated, shall order
the board of election inspectors to open the ballot box, and,
also after satisfying itself that the integrity of the ballots
therein has been duly preserved, order the board of election
inspectors to count the votes for the candidate whose votes
have been omitted with notice thereof to all candidates for
the position involved and thereafter complete the returns.
The right of a candidate to avail of this provision shall not be
lost or affected by the fact that an election protest is
subsequently filed by any of the candidates.
Section 235. When election returns appear to be tampered
with or falsified. - If the election returns submitted to the
board of canvassers appear to be tampered with, altered or
falsified after they have left the hands of the board of
election inspectors, or otherwise not authentic, or were
prepared by the board of election inspectors under duress,
force, intimidation, or prepared by persons other than the
member of the board of election inspectors, the board of
canvassers shall use the other copies of said election returns
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and, if necessary, the copy inside the ballot box which upon
previous authority given by the Commission may be retrieved
in accordance with Section 220 hereof. If the other copies of
the returns are likewise tampered with, altered, falsified, not
authentic, prepared under duress, force, intimidation, or
prepared by persons other than the members of the board of
election inspectors, the board of canvassers or any candidate
affected shall bring the matter to the attention of the
Commission. The Commission shall then, after giving notice to
all candidates concerned and after satisfying itself that
nothing in the ballot box indicate that its identity and
integrity have been violated, order the opening of the ballot
box and, likewise after satisfying itself that the integrity of the
ballots therein has been duly preserved shall order the board
of election inspectors to recount the votes of the candidates
affected and prepare a new return which shall then be used
by the board of canvassers as basis of the canvass.
Section 236. Discrepancies in election returns. - In case it
appears to the board of canvassers that there exists
discrepancies in the other authentic copies of the election
returns from a polling place or discrepancies in the votes of
any candidate in words and figures in the same return, and in
either case the difference affects the results of the election,
the Commission, upon motion of the board of canvassers or
any candidate affected and after due notice to all candidates
concerned, shall proceed summarily to determine whether
the integrity of the ballot box had been preserved, and once
satisfied thereof shall order the opening of the ballot box to
recount the votes cast in the polling place solely for the
purpose of determining the true result of the count of votes
of the candidates concerned.
Section 237. When integrity of ballots is violated. - If upon
the opening of the ballot box as ordered by the Commission
under Sections 234, 235 and 236, hereof, it should appear
that there are evidence or signs of replacement, tampering or
violation of the integrity of the ballots, the Commission shall
not recount the ballots but shall forthwith seal the ballot box
and order its safekeeping.
Section 238. Canvass of remaining or unquestioned returns
to continue. - In cases under Sections 233, 234, 235 and 236
hereof, the board of canvassers shall continue the canvass of
the remaining or unquestioned election returns. If, after the
canvass of all the said returns, it should be determined that
the returns which have been set aside will affect the result of
the election, no proclamation shall be made except upon
orders of the Commission after due notice and hearing. Any
proclamation made in violation hereof shall be null and void.
Pre-Proclamation controversy- Refers to any question
pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or by any
registered political party of coalition of political parties before
the board or directly with the commission, or any matter
raised under secs 233,234,235, 236, in relation to the
preparation, transmission, receipt, custody and appreciation
of the election returns.
Issues raised in a pre-proclamation controversy
1. Illegal composition or proceedings of the board of
canvassers.
2. The canvassed election returns are incomplete, contain
material defects, appear to be tampered with or falsified, or
contain discrepancies in the same returns or in another
authentic copies thereof as mentioned in secs 233, 234, 235,
236 of this code.
3. The election returns were prepared under duress, threats,
coercion, or intimidation, or they are obviously manufactured
or not authentic.
4. When substitute or fraudulent returns in controversy
polling places were canvassed, the results of which materially
affected the standing of the aggrieved candidate or
candidates.
For purposes of elections for president, vice president,
senators, members of the house of representatives, no
proclamation cases shall be allowed on matters regarding to
the preparation, transmission, receipt, custody, and
appreciation of the election returns or the certificates of
canvass, as the case may be.
But the canvassing body correct manifest errors in the
certificate of canvass for election returns before it. Motu
propio or by complaint of an interested person.
Torres vs COMELEC- A petition for correction of errors in the
certificate of canvass may be filed at anytime before
proclamation. Or even after the proclamation if the validity of
the proclamation itself is in question. If the proclamation is
void and the COMELEC therefore has the power to annul the
same.
Jurisdiction- Pre-proclamation cases- Exclusive jurisdiction of
the COMELEC. It may motu propio or upon written petition,
and after due notice and hearing, order the partial or total
suspension of the proclamation of any candidate-elect or
annul partially or totally any proclamation, if one has been
made, as the evidence shall warrant in accordance with the
succeeding sections.
As a rule, the board of canvassers may not inquire into issues
beyond election return. However, there are certain instances
when the board of canvassers can do so.
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Period to decide pre-proclamation controversies- Summarily
disposed of summarily by the COMELEC within 7 days from
receipt thereof. This decision shall be executory from receipt
by the losing party.
Castromayor vs COMELEC- No proclamation based on
incomplete returns.
Partial Proclamation- During pendency of a pre-proclamation
controversy, the COMELEC may order the proclamation of
other winning candidates.
Sanchez vs COMELEC- A petition for recount or
reappreciation of ballots is not ground for a pre-proclamation
controversy. The enumeration of issues which may be raised
in a pre-proclamation controversy such as those enumerated
in sec 243 is restrictive and exclusive.
Matters that should be raised in an election protest not in a
pre-proclamation contest
1. When a winning candidate has been duly proclaimed upon
orders of the COMELEC and has taken the oath of office.
2. Technical examination of signatures and thumbmarks of
voters are issues which should be raised in election protest.
3. Errors in appreciation of ballots by the BEI should be raised
in the election protest.
4. After a candidate has already been proclaimed winner and
had assumed officer, the proper remedy is an election protest
not a pre-proclamation controversy.
Election Contests procedure
The Commission shall prescribe the rules to govern the
procedure and other matters relating to election contests
pertaining to all national, regional, provincial, and city offices
not later than thirty days before such elections. Such rules
shall provide a simple and inexpensive procedure for the
expeditious disposition of election contests and shall be
published in at least two newspapers of general circulation.
However, with respect to election contests involving
municipal and barangay offices the following rules of
procedure shall govern:
(a) Notice of the protest contesting the election of a
candidate for a municipal or barangay office shall be served
upon the candidate by means of a summons at the postal
address stated in his certificate of candidacy except when the
protestee, without waiting for the summons, has made the
court understand that he has been notified of the protest or
has filed his answer hereto;
(b) The protestee shall answer the protest within five days
after receipt of the summons, or, in case there has been no
summons from the date of his appearance and in all cases
before the commencement of the hearing of the protest or
contest. The answer shall deal only with the election in the
polling places which are covered by the allegations of the
contest;
(c) Should the protestee desire to impugn the votes received
by the protestant in other polling places, he shall file a
counter-protest within the same period fixed for the answer
serving a copy thereof upon the protestant by registered mail
or by personal delivery or through the sheriff;
(d) The protestant shall answer the counter-protest within
five days after notice;
(e) Within the period of five days counted from the filing of
the protest any other candidate for the same office may
intervene in the case as other contestants and ask for
affirmative relief in his favor by a petition in intervention,
which shall be considered as another contest, except that it
shall be substantiated within the same proceedings. The
protestant or protestee shall answer the protest in
intervention within five days after notice;
(f) If no answer shall be filed to the contest, counter-protest,
or to the protest in intervention, within the time limits
respectively fixed, a general denial shall be deemed to have
been entered;
(g) In election contest proceedings, the permanent registry
list of voters shall be conclusive in regard to the question as
to who had the right to vote in said election.
Idulza vs COMELEC- Election contests are to be liberally
construed to the end that the will of the people in the choice
of public officers may not be defeated.
Rules peculiar to contests involving local officials
1. The rules governing election contests relating to municipal
and barangay officials are silent with respect to the filing of a
motion to dismiss a petition of protest. It has been held that
such silence implies that a motion to dismiss may be filed
with reference to an election contest involving municipal and
barangay officials.
2. After the time for filing protest has expired, it is too late to
amend the protest by dropping certain polling places and
adding others or by protesting the results in new polling
places. The reason for this stringent rule is to avoid delay or
to underscore the necessity of speedy determination of who
actually is the real choice of the electorate. Moreover, a
dissatisfied candidate must be vigilant.
3. Amendments which do not change the cause of action or
the grounds of protest may be made within a reasonable time
before the commencement of the trial, and even afterwards
if there are special reasons therefor.
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5. The law permits other candidates who may have an
interest, to intervene in the election protest within 5 days
from the filing of the protest any other candidate for the
same office may intervene in the case as other contestants
and ask for affirmative relief in his favour by a petition in
intervention, which shall be considered as another contest,
except that it shall be substantiated within the same
proceedings. The protestant or protestee shall answer the
protest in intervention within 5 days after notice. However, to
be entertained, the petition to intervene must be filed within
the prescribed period, otherwise it is barred even if the
original protestant does not subject to its delayed
presentation.
6. A protestee who fails to file his answer within the
prescribed period may be deemed to have entered a general
denial.
7. A protestee may raise any and all defenses which will
defeat the protest. However, the ineligibility of protestant in
an election protest is not a defense in such protest not only
because it is incongruous with the only issue therein, which is
who obtained the higher number of votes, but also
premature in as much as such issue may be raised only after
the candidate has been proclaimed and the protestant is not
proclaimed until after he has been declared winner.
Moreover, if a protest is dismissed only because the
protestant is ineligible, the result would be that protestee
would be in office though in fact he received fewer votes than
the former.
8. A protestee may file a counter-protest as part of his
answer. In such a counter protest, he may allege and
thereafter prove that by reason of fraud and irregularities the
protestant cannot be declared elected, but that
notwithstanding such fraud and irregularities as alleged by
protestant the protestee is still entitled to be proclaimed
elected.
9. A counter-protest is tantamount to a counter claim in a
civil action and may therefore be presented as part of the
amswer within the time the protestee is required to answer.
10. Where there is a motion to dismiss, it may be filed within
the period left after the motion to dismiss is denied. Where a
motion for extension of time to answer is filed, it may be
presented within the extended period.
Principles applicable to contests relating to local elections:
1. There are differences, procedure wise, between contests
relating to regional, provincial, and city officials on the other
hand, and local and barangay officials. However, the
principles, rulings, and provisions previously discussed as well
as those which are herein below discussed, unless otherwise
indicated apply equally to all election contests without
distinction.
2. The purpose of an election protest is to ascertain whether
the candidate proclaimed elected by the board of canvassers
is really the lawful choice of the electorate.
3. Public policy demands that an election protest, duly
commenced, be not abated by the death of either the
protestant or the protestee. In case of death of either party in
an election protest, sec 17, rule 3 of the rules of court
providing for the substitution of a party litigant who dies in
the course of the litigation is applicable to election protests.
4. However, the deceased’s legal representative who may be
substituted in place of the deceased must be the one who is
entitled to the office in the event the deceased’s cause
prevails, and not his widow or legal heirs or his political party
as none of them is entitled to office.
5. The pendency of an election protest is not sufficient basis
to enjoin protestee from assuming office as required of him
by law. The efficiency of public administration should not be
impaired. Until and unless the election protest is decided
against the protestee, he has lawful right to assume and
perform the duties of the office to which he has been elected.
Jurisdiction of election offenses
1. Investigation and prosecution, the COMELEC has exclusive
jurisdiction. But it may validly delegate the power to the
provincial prosecutor as it did when it promulgated resolution
no 1862 March 2, 1987. But it is not the duty of the COMELEC
to gather proof in support of a complaint filed before it.
2. Jurisdiction of courts- The RTC shall have the exclusive
jurisdiction to try and decide any criminal action or
proceedings for violation of the code, except those relating to
the offense of failure to register or failure to vote which shall
be under the jurisdiction of the MTC or METC. From the
decision of the courts, appeal will lie as in other criminal
cases.
Prescriptive period for election offenses- 5 years from the
date of commission.
Lindo vs COMELEC- The additional requirement of the
COMELEC RULES OF PROCEDURE of notice in advance of
promulgation is not part of the process of promulgation, and
failure to serve the notice in advance of the promulgation is a
procedural lapse or error which will not vitiate the decision
except when the error is shown to have caused harm or
prejudice and the fact that the adverse party’s counsel
received copy of the decision shoes that no such harm is
caused thereby and precludes the decision from being
infirmed.
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Post election disputes
 Those that which arise or are instituted after
proclamation of the winning candidate. May refer to
any of the following
o Election contests- It may pertain to the
casting and counting of votes and raise the
question of who actually received the
majority of the legal ballots.
o Quo Warranto- It may pertain to the
eligibility or disloyalty of the winning
candidates.
o Criminal prosecution for violation of
election laws
Election contest vs Quo Warranto
Election contest
1. It is strictly a contest between the defeated and winning
candidates based on grounds of election frauds or
irregularities as to who actually obtained the majority of the
legal votes and therefore is entitled to hold office.
2. It can only be filed by a candidate who has duly filed a
certificate of candidacy and has been voted for.
3. A protestee may be ousted and the protestant seated in
the office vacated.
Quo Warranto
1. It refers to questions of disloyalty or ineligibility of the
winning candidate. It is a proceeding to unseat the ineligible
person from office but not to install the protestant in his
place.
2. It can only be filed by any voter. It is for this reason that it
is not considered a contest where the parties strive for
supremacy.
3. While the respondent may be unseated the petitioner will
not be seated.
Luison vs COMELEC- It is not the title or caption of the
petition but the allegations contained therein which
determines if the action is for quo warranto or an election
protest. Hence, a petition may allege that the candidate elect
is not qualified and it may be labelled as election protest, but
actually it is a quo warranto proceeding.
The election contest and the quo warranto may be separately
filed, with the second case suspended until the earlier one is
resolved.
Effect of filing a protest or a petition for quo warranto- As a
rule, it bars the subsequent filing of a pre-proclamation
controversy or a petition to annul proclamation. It also
amounts to the abandonment of one earlier filed. It deprives
the commission, in said pre-proclamation case, of the
authority to inquire into and pass upon the title of the
protestee or the validity of his proclamation. Because, once a
tribunal has acquired jurisdiction on account of the filing of
an election protest or a petition for quo warranto, all
questions relative thereto will be decided in the casse itself
and not in another proceeding.
Exceptions: The pre proclamation case may still proceed to
conclusion
1. If what is filed is not really a quo warranto contest or
election protest but a petition to avail a proclamation.
2. If quo warranto is not the proper remedy.
3. If the Board of Canvassers is improperly constituted.
4. If the filing of the quo warranto or an election protest is
expressly made without prejudice to pre-proclamation
contest or is made ad cautela.
5. If the proclamation is null and void.
 After a proclamation which is validly made, the
remedy of the defeated candidate is to file an
election protest or petition for quo warranto within
the prescribed period.
 If the proclamation is null and void, or is claimed to
be null and void, the commission has the authority
to inquire whether such proclamation is null and
void.
 If the proclamation is null and void, it is a settled
jurisprudence that it is no proclamation at all and the
commission has the power to declare such nullity
and annul the proclamation even if the proclaimed
candidate has already assumed office.
Election protest- it is a summary proceeding, the purpose of
which, is to settle the controversy between the defeated and
winning candidate as to who between them actually receives
the majority of the legal ballots.
Purpose of an election protest- The purpose is to ascertain
whatever the candidate proclaimed by the board of
canvassers Is really the lawful choice of the electorate. What
is sought in the protest is the correction of the canvass of the
votes which is the basis of proclamation of the winning
candidate.
Jurisdiction over election contests
1. The Supreme Court- President and Vice President
2. Senate Electoral tribunal in senators
3. HR Electoral tribunal in members of the house of
representatives.
4. COMELEC- Regional, Provincial, City officials.
5. RTC- Municipal officials.
6. MTC/ MeTC- Barangay officials
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Appealed cases in municipal and barangay officials-
COMELEC
Appeal of HRET to SC- Only if there is capricious, arbitrary
and despotic exercise of power.
Decisions of MTC, MeTc, RTC to COMELEC
1. Appealable within 5 days from promulgation of receipt of
copy thereof by the aggrieved party.
2. Within 60 days after it is submitted for decision but not
later than 6 months after the filing of the appeal, which
decision shall be final, appealable, and executory.
3. Motion for reconsideration the decision of the RTC is a
prohibited pleading and it does not interrupt the running of
the 5 day period of appeal.
Idulza vs COMELEC- Findings of fact by the COMELEC if
supported by substantial evidence, are final and non-
reviewable. The appreciation of contested ballots and
election documents involves a question of fact best left to the
determination of the COMELEC, a specialized agency tasked
with the supervision of elections all over the country.
The decision of the COMELEC must be a final resolution en
banc before the SC may review the same via certiorari.
Jurisdiction if the COMELEC after proclamation
Lanot vs COMELEC- The case for disqualification exists and
survives, the election and proclamation of the winning
candidate because an outright dismissal will unduly reward
the challenged candidate and may even encourage him to
employ delaying tactics to impede the resolution of the
disqualification case until after he has been proclaimed.
The exception to the retention of jurisdiction after
proclamation applies when the challenged candidate
becomes a member of the HR or of the Senate, where the
appropriate electoral tribunal would have jurisdiction.
Alejandro vs COMELEC- The COMELEC has the power to
annul a proclamation of a winning candidate who has taken
his oath and assumed office already due to an alleged error in
the tabulation of the statement of votes. Any error in the
statement ultimately affects the validity of the proclamation.
Jurisdictional facts necessary to confer jurisdiction to try an
election protest
1. That the protestant was a candidate who had duly filed a
certificate of candidacy and had been voted for the same
office.
2. That the protestee has been proclaimed.
3. That the petition was filed within 10 days after
proclamation.
4. That the fraud and election irregularities vitiated the
conduct of elections and affected the legality thereof.
Requisites petition for Quo Warranto
1. The petition is filed by any registered voter in the
constituency.
2. The said petition is filed on the ground of ineligibility or
disloyalty to the Republic of the Philippines.
3. The said petition is filed within 10 days from the
proclamation of the results of the election.
Quo warranto in appointive office- The issue of the legality
of the appointment.
Quo Warranto in elective office- The issue is eligibility of the
officer-elect. The court or tribunal cannot declare the
protestant as having been elected.
Election Offenses (Sec. 261)
Vote-buying and vote-selling. -
(1) Any person who gives, offers or promises money or
anything of value, gives or promises any office or
employment, franchise or grant, public or private, or makes
or offers to make an expenditure, directly or indirectly, or
cause an expenditure to be made to any person, association,
corporation, entity, or community in order to induce anyone
or the public in general to vote for or against any candidate or
withhold his vote in the election, or to vote for or against any
aspirant for the nomination or choice of a candidate in a
convention or similar selection process of a political party.
(2) Any person, association, corporation, group or community
who solicits or receives, directly or indirectly, any expenditure
or promise of any office or employment, public or private, for
any of the foregoing considerations.
(b) Conspiracy to bribe voters. - Two or more persons,
whether candidates or not, who come to an agreement
concerning the commission of any violation of paragraph (a)
of this section and decide to commit it.
(c) Wagering upon result of election. - Any person who bets
or wagers upon the outcome of, or any contingency
connected with an election. Any money or thing of value or
deposit of money or thing of value situated anywhere in the
Philippines put as such bet or wager shall be forfeited to the
government.
(d) Coercion of subordinates. -
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(1) Any public officer, or any officer of any public or private
corporation or association, or any head, superior, or
administrator of any religious organization, or any employer
or land-owner who coerces or intimidates or compels, or in
any manner influence, directly or indirectly, any of his
subordinates or members or parishioners or employees or
house helpers, tenants, overseers, farm helpers, tillers, or
lease holders to aid, campaign or vote for or against any
candidate or any aspirant for the nomination or selection of
candidates.
(2) Any public officer or any officer of any commercial,
industrial, agricultural, economic or social enterprise or public
or private corporation or association, or any head, superior or
administrator of any religious organization, or any employer
or landowner who dismisses or threatens to dismiss, punishes
or threatens to punish be reducing his salary, wage or
compensation, or by demotion, transfer, suspension,
separation, excommunication, ejectment, or causing him
annoyance in the performance of his job or in his
membership, any subordinate member or affiliate,
parishioner, employee or house helper, tenant, overseer,
farm helper, tiller, or lease holder, for disobeying or not
complying with any of the acts ordered by the former to aid,
campaign or vote for or against any candidate, or any aspirant
for the nomination or selection of candidates.
(e) Threats, intimidation, terrorism, use of fraudulent device
or other forms of coercion. - Any person who, directly or
indirectly, threatens, intimidates or actually causes, inflicts or
produces any violence, injury, punishment, damage, loss or
disadvantage upon any person or persons or that of the
immediate members of his family, his honor or property, or
uses any fraudulent device or scheme to compel or induce
the registration or refraining from registration of any voter, or
the participation in a campaign or refraining or desistance
from any campaign, or the casting of any vote or omission to
vote, or any promise of such registration, campaign, vote, or
omission therefrom.
(f) Coercion of election officials and employees. - Any person
who, directly or indirectly, threatens, intimidates, terrorizes
or coerces any election official or employee in the
performance of his election functions or duties.
(g) Appointment of new employees, creation of new
position, promotion, or giving salary increases. - During the
period of forty-five days before a regular election and thirty
days before a special election,
(1) any head, official or appointing officer of a government
office, agency or instrumentality, whether national or local,
including government-owned or controlled corporations, who
appoints or hires any new employee, whether provisional,
temporary or casual, or creates and fills any new position,
except upon prior authority of the Commission. The
Commission shall not grant the authority sought unless, it is
satisfied that the position to be filled is essential to the
proper functioning of the office or agency concerned, and
that the position shall not be filled in a manner that may
influence the election.
As an exception to the foregoing provisions, a new employee
may be appointed in case of urgent need: Provided, however,
That notice of the appointment shall be given to the
Commission within three days from the date of the
appointment. Any appointment or hiring in violation of this
provision shall be null and void.
(2) Any government official who promotes, or gives any
increase of salary or remuneration or privilege to any
government official or employee, including those in
government-owned or controlled corporations.
(h) Transfer of officers and employees in the civil service. -
Any public official who makes or causes any transfer or detail
whatever of any officer or employee in the civil service
including public school teachers, within the election period
except upon prior approval of the Commission.
(i) Intervention of public officers and employees. - Any
officer or employee in the civil service, except those holding
political offices; any officer, employee, or member or the
Armed Forces of the Philippines, or any police force, special
forces, home defense forces, barangay self-defense units and
all other para-military units that now exist or which may
hereafter be organized who, directly or indirectly, intervenes
in any election campaign or engages in any partisan political
activity, except to vote or to preserve public order, if he is a
peace officer.
(j) Undue influence. - It is unlawful for any person to promise
any office or employment, public or private, or to make or
offer to make an expenditure, directly or indirectly, or to
cause an expenditure to be made to any person, association,
corporation or entity, which may induce anyone or the public
in general either to vote or withhold his vote, or to vote for or
against any candidate in any election or any aspirant for the
nomination or selection of an official candidate in a
convention of a political party. It is likewise unlawful for any
person, association, corporation or community, to solicit or
receive, directly or indirectly, any expenditure or promise or
any office, or employment, public or private, for any of the
foregoing considerations.
(k) Unlawful electioneering. - It is unlawful to solicit votes or
undertake any propaganda on the day of registration before
the board of election inspectors and on the day of election,
for or against any candidate or any political party within the
polling place and with a radius of thirty meters thereof.
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(l) Prohibition against dismissal of employees, laborers, or
tenants. - No employee or laborer shall be dismissed, nor a
tenant be ejected from his landholdings for refusing or failing
to vote for any candidate of his employer or landowner. Any
employee, laborer or tenant so dismissed or ejected shall be
reinstated and the salary or wage of the employee or laborer,
or the share of the harvest of the tenant, shall be restored to
the aggrieved party upon application to the proper court.
(m) Appointment or use of special policemen, special
agents, confidential agents or the like. - During the campaign
period, on the day before and on election day, any appointing
authority who appoints or any person who utilizes the
services of special policemen, special agents, confidential
agents or persons performing similar functions; persons
previously appointed as special policemen, special agents,
confidential agents or persons performing similar functions
who continue acting as such, and those who fail to turn over
their firearms, uniforms, insignias and other badges of
authority to the proper officer who issued the same.
At the start of the aforementioned period, the barangay
chairman, municipal mayor, city mayor, provincial governor,
or any appointing authority shall submit to the Commission a
complete list of all special policemen, special agents,
confidential agents or persons performing similar functions in
the employ of their respective political subdivisions, with
such particulars as the Commission may require.
(n) Illegal release of prisoners before and after election. -
The Director of the Bureau of Prisons, any provincial warden,
the keeper of the jail or the person or persons required by
law to keep prisoners in their custody who illegally orders or
allows any prisoner detained in the national penitentiary, or
the provincial, city or municipal jail to leave the premises
thereof sixty days before and thirty days after the election.
The municipal or city warden, the provincial warden, the
keeper of the jail or the person or persons required by law to
keep prisoners in their custody shall post in three
conspicuous public places a list of the prisoners or detention
prisoners under their care. Detention prisoners must be
categorized as such.
(o) Use of public funds, money deposited in trust,
equipment, facilities owned or controlled by the
government for an election campaign. - Any person who uses
under any guise whatsoever, directly or indirectly, (1) public
funds or money deposited with, or held in trust by, public
financing institutions or by government offices, banks, or
agencies; (2) any printing press, radio, or television station or
audio-visual equipment operated by the Government or by its
divisions, sub-divisions, agencies or instrumentalities,
including government-owned or controlled corporations, or
by the Armed Forces of the Philippines; or (3) any equipment,
vehicle, facility, apparatus, or paraphernalia owned by the
government or by its political subdivisions, agencies including
government-owned or controlled corporations, or by the
Armed Forces of the Philippines for any election campaign or
for any partisan political activity.
(p) Deadly weapons. - Any person who carries any deadly
weapon in the polling place and within a radius of one
hundred meters thereof during the days and hours fixed by
law for the registration of voters in the polling place, voting,
counting of votes, or preparation of the election returns.
However, in cases of affray, turmoil, or disorder, any peace
officer or public officer authorized by the Commission to
supervise the election is entitled to carry firearms or any
other weapon for the purpose of preserving order and
enforcing the law.
(q) Carrying firearms outside residence or place of business.
- Any person who, although possessing a permit to carry
firearms, carries any firearms outside his residence or place
of business during the election period, unless authorized in
writing by the Commission: Provided, That a motor vehicle,
water or air craft shall not be considered a residence or place
of business or extension hereof.
This prohibition shall not apply to cashiers and disbursing
officers while in the performance of their duties or to persons
who by nature of their official duties, profession, business or
occupation habitually carry large sums of money or valuables.
(r) Use of armored land, water or air craft. - Any person who
uses during the campaign period, on the day before and on
election day, any armored land, water or air craft, provided
with any temporary or permanent equipment or any other
device or contraption for the mounting or installation of
cannons, machine guns and other similar high caliber
firearms, including military type tanks, half trucks, scout
trucks, armored trucks, of any make or model, whether new,
reconditioned, rebuilt or remodelled: Provided, That banking
or financial institutions and all business firms may use not
more than two armored vehicles strictly for, and limited to,
the purpose of transporting cash, gold bullion or other
valuables in connection with their business from and to their
place of business, upon previous authority of the
Commission.
(s) Wearing of uniforms and bearing arms. - During the
campaign period, on the day before and on election day, any
member of security or police organization of government
agencies, commissions, councils, bureaus, offices, or
government-owned or controlled corporations, or privately-
owned or operated security, investigative, protective or
intelligence agencies, who wears his uniform or uses his
insignia, decorations or regalia, or bears arms outside the
immediate vicinity of his place of work: Provided, That this
prohibition shall not apply when said member is in pursuit of
a person who has committed or is committing a crime in the
premises he is guarding; or when escorting or providing
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security for the transport of payrolls, deposits, or other
valuables; or when guarding the residence of private persons
or when guarding private residences, buildings or offices:
Provided, further, That in the last case prior written approval
of the Commission shall be obtained. The Commission shall
decide all applications for authority under this paragraph
within fifteen days from the date of the filing of such
application.
During the same period, and ending thirty days thereafter any
member of the Armed Forces of the Philippines, special,
forces, home defense forces, barangay self-defense units and
all other para-military units that now exist or which may
hereafter be organized who wears his uniform or bears arms
outside the camp, garrison or barracks to which he is assigned
or detailed or outside their homes, in case of members of
para-military units, unless (1) the President of the Philippines
shall have given previous authority therefor, and the
Commission notified thereof in writing, or (2) the Commission
authorizes him to do so, which authority it shall give only
when necessary to assist it in maintaining free, orderly and
honest elections, and only after notice and hearing. All
personnel of the Armed Forces authorized by the President or
the Commission to bear arms or wear their uniforms outside
their camps and all police and peace officers shall bear their
true name, rank and serial number, if any, stitched in block
letters on a white background on the left breast of their
uniform, in letters and numbers of a clearly legible design at
least two centimeters tall, which shall at all times remain
visible and uncovered.
During the election period, whenever the Commission finds it
necessary for the promotion of free, orderly, honest and
peaceful elections in a specific area, it shall confiscate or
order the confiscation of firearms of any member or
members of the Armed Forces of the Philippines, police
forces, home defense forces, barangay self-defense units, and
all other para-military units that now exist, or which may
hereafter be organized, or any member or members of the
security or police organization, government ministries,
commissions, councils, bureaus, offices, instrumentalities, or
government-owned or controlled corporations and other
subsidiaries, or of any member or members of privately
owned or operated security, investigative, protective or
intelligence agencies performing identical or similar
functions.
(t) Policemen and provincial guards acting as bodyguards or
security guards. - During the campaign period, on the day
before and on election day, any member of the city or
municipal police force, any provincial or sub-provincial guard,
any member of the Armed Forces of the Philippines, special
forces, home defense forces, barangay self-defense units and
all other para-military units that now exist or which may
hereafter be organized who acts as bodyguard or security
guard of any public official, candidate or any other person,
and any of the latter who utilizes the services of the former as
bodyguard or security guard: Provided, That, after due notice
and hearing, when the life and security of a candidate is in
jeopardy, the Commission is empowered to assign at the
candidate's choice, any member of the Philippine
Constabulary or the police force of any municipality within
the province to act as his bodyguard or security guard in a
number to be determined by the Commission but not to
exceed three per candidate: Provided, however, That when
the circumstances require immediate action, the Commission
may issue a temporary order allowing the assignment of any
member of the Philippine Constabulary or the local police
force to act as bodyguard or security guard of the candidate,
subject to confirmation or revocation.
(u) Organization or maintenance of reaction forces, strike
forces, or other similar forces. - Any person who organizes or
maintains a reaction force, strike force or similar force during
the election period.
The heads of all reaction forces, strike forces, or similar forces
shall, not later than forty-five days before the election,
submit to the Commission a complete list of all members
thereof with such particulars as the Commission may require.
(v) Prohibition against release, disbursement or expenditure
of public funds. - Any public official or employee including
barangay officials and those of government-owned or
controlled corporations and their subsidiaries, who, during
forty-five days before a regular election and thirty days
before a special election, releases, disburses or expends any
public funds for:
(1) Any and all kinds of public works, except the following:
(a) Maintenance of existing and/or completed public works
project: Provided, That not more than the average number of
laborers or employees already employed therein during the
six-month period immediately prior to the beginning of the
forty-five day period before election day shall be permitted to
work during such time: Provided, further, That no additional
laborers shall be employed for maintenance work within the
said period of forty-five days;
(b) Work undertaken by contract through public bidding held,
or by negotiated contract awarded, before the forty-five day
period before election: Provided, That work for the purpose
of this section undertaken under the so-called "takay" or
"paquiao" system shall not be considered as work by
contract;
(c) Payment for the usual cost of preparation for working
drawings, specifications, bills of materials, estimates, and
other procedures preparatory to actual construction including
the purchase of materials and equipment, and all incidental
expenses for wages of watchmen and other laborers
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employed for such work in the central office and field
storehouses before the beginning of such period: Provided,
That the number of such laborers shall not be increased over
the number hired when the project or projects were
commenced; and
(d) Emergency work necessitated by the occurrence of a
public calamity, but such work shall be limited to the
restoration of the damaged facility.
No payment shall be made within five days before the date of
election to laborers who have rendered services in projects or
works except those falling under subparagraphs (a), (b), (c),
and (d), of this paragraph.
This prohibition shall not apply to ongoing public works
projects commenced before the campaign period or similar
projects under foreign agreements. For purposes of this
provision, it shall be the duty of the government officials or
agencies concerned to report to the Commission the list of all
such projects being undertaken by them.
(2) The Ministry of Social Services and Development and any
other office in other ministries of the government performing
functions similar to said ministry, except for salaries of
personnel, and for such other routine and normal expenses,
and for such other expenses as the Commission may
authorize after due notice and hearing. Should a calamity or
disaster occur, all releases normally or usually coursed
through the said ministries and offices of other ministries
shall be turned over to, and administered and disbursed by,
the Philippine National Red Cross, subject to the supervision
of the Commission on Audit or its representatives, and no
candidate or his or her spouse or member of his family within
the second civil degree of affinity or consanguinity shall
participate, directly or indirectly, in the distribution of any
relief or other goods to the victims of the calamity or disaster;
and
(3) The Ministry of Human Settlements and any other office in
any other ministry of the government performing functions
similar to said ministry, except for salaries of personnel and
for such other necessary administrative or other expenses as
the Commission may authorize after due notice and hearing.
(w) Prohibition against construction of public works,
delivery of materials for public works and issuance of
treasury warrants and similar devices. - During the period of
forty-five days preceding a regular election and thirty days
before a special election, any person who (a) undertakes the
construction of any public works, except for projects or works
exempted in the preceding paragraph; or (b) issues, uses or
avails of treasury warrants or any device undertaking future
delivery of money, goods or other things of value chargeable
against public funds.
(x) Suspension of elective provincial, city, municipal or
barangay officer. - The provisions of law to the contrary
notwithstanding during the election period, any public official
who suspends, without prior approval of the Commission, any
elective provincial, city, municipal or barangay officer, unless
said suspension will be for purposes of applying the "Anti-
Graft and Corrupt Practices Act" in relation to the suspension
and removal of elective officials; in which case the provisions
of this section shall be inapplicable.
(y) On Registration of Voters:
(1) Any person who, having all the qualifications and none of
the disqualifications of a voter, fails without justifiable excuse
to register as a voter in an election, plebiscite or referendum
in which he is qualified to vote.
(2) Any person who knowingly makes any false or untruthful
statement relative to any of the data or information required
in the application for registration.
(3) Any person who deliberately imprints or causes the
imprinting of blurred or indistinct fingerprints on any of the
copies of the application for registration or on the voter's
affidavit; or any person in charge of the registration of voters
who deliberately or through negligence, causes or allows the
imprinting of blurred or indistinct fingerprints on any of the
aforementioned registration forms, or any person who
tampers with the fingerprints in said registration records.
(4) Any member of the board of election inspectors who
approves any application which on its face shows that the
applicant does not possess all the qualifications prescribed by
law for a voter; or who disapproves any application which on
its face shows that the applicant possesses all such
qualifications.
(5) Any person who, being a registered voter, registers anew
without filing an application for cancellation of his previous
registration.
(6) Any person who registers in substitution for another
whether with or without the latter's knowledge or consent.
(7) Any person who tampers with or changes without
authority any data or entry in any voter's application for
registration.
(8) Any person who delays, hinders or obstruct another from
registering.
(9) Any person who falsely certifies or identifies another as a
bona fide resident of a particular place or locality for the
purpose of securing the latter's registration as a voter.
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(10) Any person who uses the voter's affidavit of another for
the purpose of voting, whether or not he actually succeeds in
voting.
(11) Any person who places, inserts or otherwise includes, as
approved application for registration in the book of voters or
in the provincial or national central files of registered voters,
the application of any fictitious voter or any application that
has not been approved; or removes from, or otherwise takes
out of the book of voters or the provincial or national central
files of registered voters any duly approved voter's
application, except upon lawful order of the Commission, or
of a competent court or after proper cancellation as provided
in Sections 122, 123, 124 and 125 hereof.
(12) Any person who transfers or causes the transfer of the
registration record of a voter to the book of voters of another
polling place, unless said transfer was due to a change of
address of the voter and the voter was duly notified of his
new polling place.
(13) Any person who asks, demands, takes, accepts or
possesses, directly or indirectly, the voter's affidavit of
another, in order to induce the latter to withhold his vote, or
to vote for or against any candidate in an election or any issue
in a plebiscite or referendum. It shall be presumed prima
facie that the asking, demanding, taking, accepting, or
possessing is with such intent if done within the period
beginning ten days before election day and ending ten days
after election day, unless the voter's affidavit of another and
the latter are both members of the same family.
(14) Any person who delivers, hands over, entrusts, gives,
directly or indirectly his voter's affidavit to another in
consideration of money or other benefit or promises thereof,
or takes or accepts such voter's affidavit directly or indirectly,
by giving or causing the giving of money or other benefit or
making or causing the making of a promise thereof.
(15) Any person who alters in any manner, tears, defaces,
removes or destroys any certified list of voters.
(16) Any person who takes, carries or possesses any blank or
unused registration form already issued to a city or
municipality outside of said city or municipality except as
otherwise provided in this Code or when directed by express
order of the court or of the Commission.
(17) Any person who maliciously omits, tampers or transfers
to another list the name of a registered voter from the official
list of voters posted outside the polling place.
(z) On voting:
(1) Any person who fails to cast his vote without justifiable
excuse.
(2) Any person who votes more than once in the same
election, or who, not being a registered voter, votes in an
election.
(3) Any person who votes in substitution for another whether
with or without the latter's knowledge and/or consent.
(4) Any person who, not being illiterate or physically disabled,
allows his ballot to be prepared by another, or any person
who prepares the ballot of another who is not illiterate or
physically disabled, with or without the latter's knowledge
and/or consent.
(5) Any person who avails himself of any means of scheme to
discover the contents of the ballot of a voter who is preparing
or casting his vote or who has just voted.
(6) Any voter who, in the course of voting, uses a ballot other
than the one given by the board of election inspectors or has
in his possession more than one official ballot.
(7) Any person who places under arrest or detains a voter
without lawful cause, or molests him in such a manner as to
obstruct or prevent him from going to the polling place to
cast his vote or from returning home after casting his vote, or
to compel him to reveal how he voted.
(8) Any member of the board of election inspectors charged
with the duty of reading the ballot during the counting of
votes who deliberately omits to read the vote duly written on
the ballot, or misreads the vote actually written thereon or
reads the name of a candidate where no name is written on
the ballot.
(9) Any member of the board of election inspectors charged
with the duty of tallying
the votes in the tally board or sheet, election returns or other
prescribed form who deliberately fails to record a vote
therein or records erroneously the votes as read, or records a
vote where no such vote has been read by the chairman.
(10) Any member of a board of election inspectors who has
made possible the casting of more votes than there are
registered voters.
(11) Any person who, for the purpose of disrupting or
obstructing the election process or causing confusion among
the voters, propagates false and alarming reports or
information or transmits or circulates false orders, directives
or messages regarding any matter relating to the printing of
official ballots, the postponement of the election, the transfer
of polling place or the general conduct of the election.
(12) Any person who, without legal authority, destroys,
substitutes or takes away from the possession of those having
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legal custody thereof, or from the place where they are
legally deposited, any election form or document or ballot
box which contains official ballots or other documents used in
the election.
(13) Any person having legal custody of the ballot box
containing the official ballots used in the election who opens
or destroys said box or removes or destroys its contents
without or against the order of the Commission or who,
through his negligence, enables any person to commit any of
the aforementioned acts, or takes away said ballot box from
his custody.
(14) Any member of the board of election inspectors who
knowingly uses ballots other than the official ballots, except
in those cases where the use of emergency ballots is
authorized.
(15) Any public official who neglects or fails to properly
preserve or account for any ballot box, documents and forms
received by him and kept under his custody.
(16) Any person who reveals the contents of the ballot of an
illiterate or disabled voter whom he assisted in preparing a
ballot.
(17) Any person who, without authority, transfers the
location of a polling place.
(18) Any person who, without authority, prints or causes the
printing of any ballot or election returns that appears as
official ballots or election returns or who distributes or causes
the same to be distributed for use in the election, whether or
not they are actually used.
(19) Any person who, without authority, keeps, uses or
carries out or causes to be kept, used or carried out, any
official ballot or election returns or printed proof thereof,
type-form mould, electro-type printing plates and any other
plate, numbering machines and other printing paraphernalia
being used in connection with the printing of official ballots
or election returns.
(20) Any official or employee of any printing establishment or
of the Commission or any member of the committee in
charge of the printing of official ballots or election returns
who causes official ballots or election returns to be printed in
quantities exceeding those authorized by the Commission or
who distributes, delivers, or in any manner disposes of or
causes to be distributed, delivered, or disposed of, any official
ballot or election returns to any person or persons not
authorized by law or by the Commission to receive or keep
official ballots or election returns or who sends or causes
them to be sent to any place not designated by law or by the
Commission.
(21) Any person who, through any act, means or device,
violates the integrity of any official ballot or election returns
before or after they are used in the election.
(22) Any person who removes, tears, defaces or destroys any
certified list of candidates posted inside the voting booths
during the hours of voting.
(23) Any person who holds or causes the holding of an
election on any other day than that fixed by law or by the
Commission, or stops any election being legally held.
(24) Any person who deliberately blurs his fingerprint in the
voting record.
(aa) On Canvassing:
(1) Any chairman of the board of canvassers who fails to give
due notice of the date, time and place of the meeting of said
board to the candidates, political parties and/or members of
the board.
(2) Any member of the board of canvassers who proceeds
with the canvass of the votes and/or proclamation of any
candidate which was suspended or annulled by the
Commission.
(3) Any member of the board of canvassers who proceeds
with the canvass of votes and/or proclamation of any
candidate in the absence of quorum, or without giving due
notice of the date, time and place of the meeting of the board
to the candidates, political parties, and/or other members of
the board.
(4) Any member of the board of canvassers who, without
authority of the Commission, uses in the canvass of votes
and/or proclamation of any candidate any document other
than the official copy of the election returns.
(bb) Common to all boards of election inspectors and boards
of canvassers:
(1) Any member of any board of election inspectors or board
of canvassers who deliberately absents himself from the
meetings of said body for the purpose of obstructing or
delaying the performance of its duties or functions.
(2) Any member of any board of election inspectors or board
of canvassers who, without justifiable reason, refuses to sign
and certify any election form required by this Code or
prescribed by the Commission although he was present
during the meeting of the said body.
(3) Any person who, being ineligible for appointment as
member of any board of election inspectors or board of
canvassers, accepts an appointment to said body, assumes
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office, and actually serves as a member thereof, or any of
public officer or any person acting in his behalf who appoints
such ineligible person knowing him to be ineligible.
(4) Any person who, in the presence or within the hearing of
any board of election inspectors or board of canvassers
during any of its meetings, conducts himself in such a
disorderly manner as to interrupt or disrupt the work or
proceedings to the end of preventing said body from
performing its functions, either partly or totally.
(5) Any public official or person acting in his behalf who
relieves any member of any board of election inspectors or
board of canvassers or who changes or causes the change of
the assignments of any member of said board of election
inspectors or board of canvassers without authority of the
Commission.
(cc) On candidacy and campaign:
(1) Any political party which holds political conventions or
meetings to nominate its official candidates earlier that the
period fixed in this Code.
(2) Any person who abstracts, destroys or cancels any
certificate of candidacy duly filed and which has not been
cancelled upon order of the Commission.
(3) Any person who misleads the board of election inspectors
by submitting any false or spurious certificate of candidacy or
document to the prejudice of a candidate.
(4) Any person who, being authorized to receive certificates
of candidacy, receives any certificate of candidacy outside the
period for filing the same and makes it appear that said
certificate of candidacy was filed on time; or any person who,
by means of fraud, threat, intimidation, terrorism or coercion,
causes or compels the commission of said act.
(5) Any person who, by any device or means, jams, obstructs
or interferes with a radio or television broadcast of any lawful
political program.
(6) Any person who solicits votes or undertakes any
propaganda, on the day of election, for or against any
candidate or any political party within the polling place or
within a radius of thirty meters thereof.
(dd) Other prohibitions:
(1) Any person who sells, furnishes, offers, buys, serves or
takes intoxicating liquor on the days fixed by law for the
registration of voters in the polling place, or on the day
before the election or on election day: Provided, That hotels
and other establishments duly certified by the Ministry of
Tourism as tourist oriented and habitually in the business of
catering to foreign tourists may be exempted for justifiable
reasons upon prior authority of the Commission: Provided,
further, That foreign tourists taking intoxicating liquor in said
authorized hotels or establishments are exempted from the
provisions of this subparagraph.
(2) Any person who opens in any polling place or within a
radius of thirty meters thereof on election day and during the
counting of votes, booths or stalls of any kind for the sale,
dispensing or display of wares, merchandise or refreshments,
whether solid or liquid, or for any other purposes.
(3) Any person who holds on election day, fairs, cockfights,
boxing, horse races, jai-alai or any other similar sports.
(4) Refusal to carry election mail matter. - Any operator or
employee of a public utility or transportation company
operating under a certificate of public convenience, including
government-owned or controlled postal service or its
employees or deputized agents who refuse to carry official
election mail matters free of charge during the election
period. In addition to the penalty prescribed herein, such
refusal shall constitute a ground for cancellation or
revocation of certificate of public convenience or franchise.
(5) Prohibition against discrimination in the sale of air time. -
Any person who operates a radio or television station who
without justifiable cause discriminates against any political
party, coalition or aggroupment of parties or any candidate in
the sale of air time. In addition to the penalty prescribed
herein, such refusal shall constitute a ground for cancellation
or revocation of the franchise.
Section 263. Persons criminally liable. - The principals,
accomplices, and accessories, as defined in the Revised Penal
Code, shall be criminally liable for election offenses.
If the one responsible be a political party or an entity, its
president or head, the officials and employees of the same,
performing duties connected with the offense committed and
its members who may be principals, accomplices, or
accessories shall be liable, in addition to the liability of such
party or entity.
Section 264. Penalties.
1. Any person found guilty of any election offense under this
Code shall be punished with imprisonment of not less than
one year but not more than six years and shall not be subject
to probation.
2. In addition, the guilty party shall be sentenced to suffer
disqualification to hold public office and deprivation of the
right of suffrage.
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3. If he is a foreigner, he shall be sentenced to deportation
which shall be enforced after the prison term has been
served.
4. Any political party found guilty shall be sentenced to pay a
fine of not less than ten thousand pesos, which shall be
imposed upon such party after criminal action has been
instituted in which their corresponding officials have been
found guilty.
5. In case of prisoner or prisoners illegally released from any
penitentiary or jail during the prohibited period as provided in
Section 261, paragraph (n) of this Code, the director of
prisons, provincial warden, keeper of the jail or prison, or
persons who are required by law to keep said prisoner in
their custody shall, if convicted by a competent court, be
sentenced to suffer the penalty of prision mayor in its
maximum period if the prisoner or prisoners so illegally
released commit any act of intimidation, terrorism of
interference in the election.
6. Any person found guilty of the offense of failure to register
or failure to vote shall, upon conviction, be fined one hundred
pesos. In addition, he shall suffer disqualification to run for
public office in the next succeeding election following his
conviction or be appointed to a public office for a period of
one year following his conviction.
Section 265. Prosecution. - The Commission shall, through its
duly authorized legal officers, have the exclusive power to
conduct preliminary investigation of all election offenses
punishable under this Code, and to prosecute the same. The
Commission may avail of the assistance of other prosecuting
arms of the government: Provided, however, That in the
event that the Commission fails to act on any complaint
within four months from his filing, the complainant may file
the complaint with the office of the fiscal or with the Ministry
of Justice for proper investigation and prosecution, if
warranted.
Section 266. Arrest in connection with the election
campaign.
1. No person shall be arrested and/or detained at any time
for any alleged offense committed during and in connection
with any election through any act or language tending to
support or oppose any candidate, political party or coalition
of political parties under or pursuant to any order of
whatever name or nature and by whomsoever issued except
only upon a warrant of arrest issued by a competent judge
after all the requirements of the Constitution shall have been
strictly complied with.
2. If the offense charged is punishable under a presidential
decree whether originally or by amendment of a previous
law, the death penalty shall not be imposed upon the
offender except where murder, rape or arson is involved.
3. In all cases, the penalty shall not be higher than reclusion
perpetua and the offender shall be entitled to reasonable bail
upon sufficient sureties to be granted speedily by the
competent court. Moreover,
4. loss of the right of citizenship and confiscation of property
shall not be imposed.
5. Any officer or a person who shall violate any provision of
this section shall be punished by imprisonment of not less
than six (6) years and one (1) day nor more than twelve (12)
years, with the accessory penalties for election offenses. The
provision of Section 267 of this Code shall not apply to
prosecution under this section.
Section 267. Prescription. - Election offenses shall prescribe
after five years from the date of their commission. If the
discovery of the offense be made in an election contest
proceedings, the period of prescription shall commence on
the date on which the judgment in such proceedings becomes
final and executory.
Section 268. Jurisdiction of courts. - The regional trial court
shall have the exclusive original jurisdiction to try and decide
any criminal action or proceedings for violation of this Code,
except those relating to the offense of 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.
Section 269. Preferential disposition of election offenses. -
The investigation and prosecution of cases involving
violations of the election laws shall be given preference and
priority by the Commission on Elections and prosecuting
officials.
1. Their investigation shall be commenced without delay, and
shall be resolved by the investigating officer within five days
from its submission for resolution.
2. The courts shall likewise give preference to election
offenses over all other cases, except petitions for writ of
habeas corpus. Their trial shall likewise be commenced
without delay, and shall be conducted continuously until
terminated, and the case shall be decided within thirty days
from its submission for decision.
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PART 5: LOCAL GOVERNMENT
I. Article X LOCAL GOVERNMENT 1987 Constitution
Section 1. The territorial and political subdivisions of the
Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous
regions in Muslim Mindanao and the Cordilleras as
hereinafter provided.
Territorial and political subdivisions of the Republic of the
Philippines:
1. Provinces
2. Cities
3. Municipalities
4. Barangays
5. The Autonomous Region
Right of the political subdivisions to exist as political and
territorial subdivision- It is a constitutional right. However,
the authority to create, divide, merge or abolish a local
government or its boundaries is dependent upon the power
of congress in the case of a province, city, municipality, or any
other subdivision, or by ordinance passed by the Sangguniang
Panlalawigan or Sangguniang Panlungsod concerned in the
case of Barangay.
Section 2. The territorial and political subdivisions shall
enjoy local autonomy.
It is a declared policy of the state that the territorial and
political subdivisions of the state should enjoy genuine
meaningful local autonomy to enable them to attain their
fullest development as a self-reliant communities and make
them more effective partners in the attainment of national
goals. (Sec.2, RA 7160)
It is also the policy of the state to ensure the accountability of
local government units through the institution of effective
mechanisms of recall, initiative, and referendum.
It is likewise the policy of the state to require all national
agencies and offices to conduct periodic consultations with
appropriate local government units, non-governmental and
people’s organizations, and other concerned sectors of the
community before any project or program is implemented in
their respective jurisdictions.
Towards the attainment of the said policy, the state shall
provide for a more responsive and accountable local
government structure institutes through a system of
decentralization whereby local governments will be given
more powers, authority, responsibilities, and resources. The
process of decentralization shall proceed from the National
Government to the local government units.
Autonomy vs Decentralization
(Limbona vs Conte Mangelin et al)
Autonomy- Also involves decentralization of administration
or power and this happens when administrative powers are
delegated by the central government to its political
subdivision with the end in view of making local government
units more responsive, accountable, and self-reliant
communities.
Decentralization- The same is given in favour of the local
government unit so it will be more independent and free to
move on its own with the least intervention from the central
government. In this manner, the autonomous local
government unit becomes accountable not to the central
government but to its constituency.
Operative Principles of Decentralization
1. There shall be an effective allocation among the different
local government units of their respective powers, functions,
responsibilities, and resources.
2. There shall be established in every local government unit
an accountable, efficient and dynamic organizational
structure and operating mechanism that will meet the
priority needs and service requirements of its communities.
3. Subject to civil service law, rules, regulations, local officials
and employees paid wholly or mainly from local funds shall
be appointed or removed according to merit and fitness, by
the appropriate appointing authority.
4. The vesting of duty, responsibility and accountability in
local government unit 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 with respect to component cities and
municipalities, and cities and municipalities with respect to
component barangays 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 for purposes commonly
beneficial to them.
7. The capabilities of LGUs, especially the municipalities and
barangays, shall be enhanced by providing them with
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opportunities to participate actively in the implementation of
national programs and projects.
8. There shall be a continuing mechanism to enhance the
local autonomy not only by legislative enabling acts but also
by administrative and organizational reforms.
9. LGUs shall share with the national government the
responsibility in the management and maintenance of
ecological balance within their territorial jurisdiction, subject
to the provisions of the Local Government Code and national
policies.
10. Effective mechanisms for ensuring the accountability of
LGUs to their respective constituents shall be strengthened in
order to upgrade continually the quality of local leadership.
11. The realization of local autonomy shall be facilitated
through improved coordination of national government
policies and programs and extension of adequate technical
and material assistance to less developed and deserving
LGUs.
12. The participation of the private sector in local governance,
particularly in the delivery of basic services, shall be
encouraged to ensure the viability of local autonomy as an
alternative strategy for sustainable development.
13. The national government shall ensure that
decentralization contributes to the continuing improvement
of the performance of LGUs and the quality of community
life.
SECTION 3. The Congress shall enact a local government
code which shall provide for a more responsive and
accountable local government structure instituted through a
system of decentralization with effective mechanisms of
recall, initiative, and referendum, allocate among the
different local government units their powers,
responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term,
salaries, powers and functions and duties of local officials,
and all other matters relating to the organization and
operation of the local units.
Constitutional mandate of the LGC to provide for the
following:
1. For a more responsive and accountable local government
structure instituted through a system of decentralization with
effective mechanisms for recall, initiative, and referendum.
2. It must allocate among the different LGUs their powers,
responsibilities, and resources.
3. It must provide for the qualifications, elections,
appointment and removal, term, salaries, powers and
functions and duties of local offices, and all other matters
relating to the organization and operation of local units.
SECTION 4. The President of the Philippines shall exercise
general supervision over local governments. Provinces with
respect to component cities and municipalities, and cities
and municipalities with respect to component barangays
shall ensure that the acts of their component units are
within the scope of their prescribed powers and functions.
Supervisory powers:
1. Supervisory power of the president over Local
Government.- The president of the Philippines shall exercise
general supervision over LGUs
2. Supervisory power of provinces to component cities and
municipalities.- The superior local government unit is entitled
to ensure that the acts of their component units are within
the scope of their prescribed powers and functions.
3. Supervisory power of cities and municipalities with
respect to component barangay.- The superior LGU is limited
to ensure that the acts of their component units are within
the scope of their prescribed powers and functions.
 The superior LGU cannot substitute its judgment in
discretionary matters for that of the component
local unit.
SECTION 5. Each local government unit shall have the power
to create its own sources of revenues and to levy taxes, fees,
and charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of
local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.
The prevailing doctrine in this jurisdiction is still to the effect
that municipal corporations do not have the inherent powers
to tax. Sec. 5 confers on municipal corporations a general
power to levy taxes, fees, and charges, subject to the
guidelines and limitations imposed by congress. This means
that municipal corporations may exercise the said power to
levy taxes, fees, and charges even without statutory grant
provided only that the guidelines and limitations imposed by
congress are complied with.
Sources of revenues of municipal corporations:
1. Those raised from taxes, fees, and charges, as
aforementioned.
2. Internal revenue allotments from the national government.
3. Lease of public utilities.
4. Funds derived from national aid such as the Countrywide
Development Fund).
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5. Donations
SECTION 6. Local government units shall have a just share,
as determined by law, in the national taxes which shall be
automatically released to them.
SECTION 7. Local governments shall be entitled to an
equitable share in the proceeds of the utilization and
development of the national wealth within their respective
areas, in the manner provided by law, including sharing the
same with the inhabitants by way of direct benefits.
An enabling law is necessary to determine the shares to the
local governments.
SECTION 8. The term of office of elective local officials,
except barangay officials, which shall be determined by law,
shall be three years and no such official shall serve for more
than three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term
for which he was elected.
Term limit of elective local officials except barangay
officials- 3 years and they cannot serve for more than 3
consecutive terms in the same position.
Voluntary renunciation of the 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.
SECTION 9. Legislative bodies of local governments shall
have sectoral representation as may be prescribed by law.
Need for an enabling law.
SECTION 10. No province, city, municipality, or barangay
may be created, divided, merged, abolished, or its boundary
substantially altered, except in accordance with the criteria
established in the Local Government Code and subject to
approval by a majority of the votes cast in a plebiscite in the
political units directly affected.
Pelaez vs Auditor General- The authority to create municipal
corporations is essentially legislative in nature.
SECTION 11. The Congress may, by law, create special
metropolitan political subdivisions, subject to a plebiscite as
set forth in Section 10 hereof. The component cities and
municipalities shall retain their basic autonomy and shall be
entitled to their own local executives and legislative
assemblies. The jurisdiction of the metropolitan authority
that will hereby be created shall be limited to basic services
requiring coordination.
Section 11 gives congress the power to create special
metropolitan political subdivisions but this power is subject
to the following limitations:
1. It is subject to the approval of the majority of the votes
cast in the plebiscite in the political units directly affected.
2. The component cities and municipalities shall retain their
basic autonomy and shall be entitled to their own local
executives and local assemblies.
3. The jurisdiction of the metropolitan authority that will be
created shall be limited to basic services requiring
coordination
SECTION 12. Cities that are highly urbanized, as determined
by law, and component cities whose charters prohibit their
voters from voting for provincial elective officials, shall be
independent of the province. The voters of component cities
within a province, whose charters contain no such
prohibition, shall not be deprived of their right to vote for
elective provincial officials.
3 Kinds of Cities
1. Highly urbanized cities as determined by law- They do not
vote in provincial elections which means that they fo not vote
for provincial elective officials.
2. Cities not raised to the highly urbanized category but
whose charters prohibit their voters form voting in
provincial elections.- Being independent of the province,
residents therein are not qualified to run for provincial
elections.
3. Component cities which are under a province in some
ways- Being under a province, residents therein cannot be
denied a vote in the election of provincial officials.
SECTION 13. Local government units may group themselves,
consolidate or coordinate their efforts, services, and
resources for purposes commonly beneficial to them in
accordance with law.
Authority of LGUs- the consolidation and coordination is only
with respect to their efforts, service, and resources for
purposes commonly beneficial to them and not with respect
to their corporate personality.
SECTION 14. The President shall provide for regional
development councils or other similar bodies composed of
local government officials, regional heads of departments
and other government offices, and representatives from
non-governmental organizations within the regions for
purposes of administrative decentralization to strengthen
the autonomy of the units therein and to accelerate the
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economic and social growth and development of the units in
the region.
2 powers referred
1. Power of the president to provide for regional
development councils.
2. To provide for other similar bodies composed of: local
government officials, regional heads of departments and
other offices.
3. Representatives of NGOs within the regions.
This power is given to the president for the following
purposes:
1. To attain administrative decentralization.
2. To strengthen the autonomy of the units therein.
3. To accelerate the economic and social growth and
development of the units in the regions.
Autonomous Region
SECTION 15. There shall be created autonomous regions in
Muslim Mindanao and in the Cordilleras consisting of
provinces, cities, municipalities, and geographical areas
sharing common and distinctive historical and cultural
heritage, economic and social structures, and other relevant
characteristics within the framework of this Constitution
and the national sovereignty as well as territorial integrity of
the Republic of the Philippines.
Composition of autonomous regions- Consists of provinces,
cities, municipalities and geographical areas sharing common
and distinctive historical and cultural heritage, economic and
social structures and other relevant characteristics.
Autonomous Regions established only within the
framework of the constitution and territorial integrity of the
Philippines- This means that the autonomous regions now
existing, or which may exist in the future, are still part and
parcel of the Republic of the Philippines and should therefore
be bound by our constitution.
SECTION 16. The President shall exercise general supervision
over autonomous regions to ensure that the laws are
faithfully executed.
SECTION 17. All powers, functions, and responsibilities not
granted by this Constitution or by law to the autonomous
regions shall be vested in the National Government.
SECTION 18. The Congress shall enact an organic act for each
autonomous region with the assistance and participation of
the regional consultative commission composed of
representatives appointed by the President from a list of
nominees from multisectoral bodies. The organic act shall
define the basic structure of government for the region
consisting of the executive department and legislative
assembly, both of which shall be elective and representative
of the constituent political units. The organic acts shall
likewise provide for special courts with personal, family, and
property law jurisdiction consistent with the provisions of
this Constitution and national laws.
The creation of the autonomous region shall be effective
when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose,
provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the
autonomous region.
SECTION 19. The first Congress elected under this
Constitution shall, within eighteen months from the time of
organization of both Houses, pass the organic acts for the
autonomous regions in Muslim Mindanao and the
Cordilleras.
The powers granted to autonomous regions are enumerated
by law. If they are not included in the enumeration, they
remain vested in the national government.
In order to realize the establishment of the autonomous
regions, congress is mandated by sec. 19 to pass the organize
acts for each of the autonomous regions within 18 months
from the time of the organization of the first congress. Now,
two organic acts have already been approved by congress,
one creating the autonomous regions in Muslim Mindanao
and the other, the Cordillera Autonomous region.
After the approval of the said organic acts, the said
autonomous regions are created only when the said organic
acts were ratified by a majority of the votes cast by the
constituent units in a plebiscite held for that purpose.
Plebiscite
1. In Barangays- The plebiscite will be held in the
municipality or city as the case may be.
2. Municipality or Component City- The plebiscite will be
held in the province.
3. Autonomous Region- The plebiscite will be held in the
rgion affected.
SECTION 20. Within its territorial jurisdiction and subject to
the provisions of this Constitution and national laws, the
organic act of autonomous regions shall provide for
legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
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(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage;
and
(9) Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the
region.
SECTION 21. The preservation of peace and order within the
regions shall be the responsibility of the local police
agencies which shall be organized, maintained, supervised,
and utilized in accordance with applicable laws. The defense
and security of the regions shall be the responsibility of the
National Government.
3 Problems in Sec 21
1. Preservation of peace and order within the regions.
2. Defense of the regions.
3. Security of the regions.
II. PUBLIC CORPORATIONS
Public Corporation- If a corporation is created by the state as
its own agency to help the state in performing or exercising
governmental functions, said corporation is considered a
public corporation. Otherwise, it is private.
2 Kinds of Public Corporation
1. Quasi- corporation- It is created by the state for a limited
purpose.
2. Municipal corporation- It is created for the purpose of
local government.
Elements of a municipal corporation
1. Territory
2. Inhabitants
3. Legally created or incorporated
4. Corporate name
Dual nature and function of a LGU
1. Public or governmental- Agent of the state for the
government of the territory and the inhabitants.
2. Private or proprietary- It is an agent of the community for
the purpose of administering local affairs.
Territorial and political subdivisions of the Republic of the
Philippines
1. Provinces, cities, municipalities, barangays, autonomous
regions.
2. Special metropolitan political subdivisions.
Province- Composed of a cluster of municipalities, or
municipalities and component cities. It helps in governing
local government units within its territorial jurisdiction.
City- Composed of more urbanized and developed barangays.
Municipality- Composed of barangays.
Barangay- It is a basic political unit. It is a planning and
implementing unit of government policies and programs. It is
also in the barangay level where the differenced and disputes
among residents are settled amicably.
Creation, division, merger, abolition of local government
units.
Section 7. Creation and Conversion. - As a general rule, the
creation of a local government unit or its conversion from
one level to another level shall be based on verifiable
indicators of viability and projected capacity to provide
services, to wit:
(a) Income. - It must be sufficient, based on acceptable
standards, to provide for all essential government facilities
and services and special functions commensurate with the
size of its population, as expected of the local government
unit concerned;
(b) Population. - It shall be determined as the total number of
inhabitants within the territorial jurisdiction of the local
government unit concerned; and
(c) Land Area. - It must be contiguous, unless it comprises
two or more islands or is separated by a local government
unit independent of the others; properly identified by metes
and bounds with technical descriptions; and sufficient to
provide for such basic services and facilities to meet the
requirements of its populace.
Compliance with the foregoing indicators shall be attested to
by the Department of Finance (DOF), the National Statistics
Office (NSO), and the Lands Management Bureau (LMB) of
the Department of Environment and Natural Resources
(DENR).
Lopez vs COMELEC- The Supreme court upheld the validity of
the creation of Metropolitan Manila. The authority then of
the president was authorized by the referendum held on
February 27, 1995 and the said authority includes the
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restructuring of local governments in the four cities and 13
municipalities of Metropolitan Manila
Internal Revenue Allotments- Should be included in the
computation of the average annual income of the
municipality for purposes of determining whether the
municipality may be validly converted into a city.
Section 8. Division and Merger. - Division and merger of
existing local government units shall comply with the same
requirements herein prescribed for their creation: Provided,
however, That such division shall not reduce the income,
population, or land area of the local government unit or units
concerned to less than the minimum requirements prescribed
in this Code: Provided, further, That the income classification
of the original local government unit or units shall not fall
below its current classification prior to such division.
The income classification of local government units shall be
updated within six (6) months from the effectivity of this
Code to reflect the changes in their financial position
resulting from the increased revenues as provided herein.
Section 9. Abolition of Local Government Units. - A local
government unit may be abolished when its income,
population, or land area has been irreversibly reduced to less
than the minimum standards prescribed for its creation under
Book III of this Code, as certified by the national agencies
mentioned in Section 7 hereof to Congress or to the
sangguniang concerned, as the case may be.
The law or ordinance abolishing a local government unit shall
specify the province, city, municipality, or barangay with
which the local government unit sought to be abolished will
be incorporated or merged.
De facto municipal corporation- When it proceeds to assume
or exercise corporate powers on the basis of a law authorizing
its corporation, it attempts in good faith to organize under
the said law, and it has a colourable compliance with the
same.
The legal existence of a municipal corporation can only be
attacked directly through a Quo Warranto Proceeding or in
any other direct proceeding.
Municipality of Jimenez Misamis Occidental vs Borja- The
party making the challenge may be already estopped to
question the legal existence of a municipal corporation,
especially if on account of various acts on the part of the
government, it has in effect, accorded recognition and
acknowledgment to its existence. In this case, what may have
started as a de facto municipal corporation, acquired a de
jure status.
Powers and attributes of LGUs
1. Governmental powers
 Powers expressly granted, implied therefrom,
necessary, appropriate or incidental for their
efficient and effective governance, and those which
are essential to the promotion of general welfare.
 Power to create their own sources of revenue, levy
taxes, fees and charges which shall accrue to their
case and disposition; to have a just share in the
national taxes; to have equitable share in the
proceeds from the utilization and development of
the national wealth and resources.
 Power of eminent domain
 Power to authorize reclassification of agricultural
lands.
 Power to close and open roads.
 Local legislative power
 Authority over police units.
 To discharge functions and responsibilities of
national agencies and offices devolved to them.
2. Corporate Powers
 To sue and be sued
 To have and use a corporate name
 To enter into contracts
 To have continuous succession in its corporate name
 To perform and exercise such other powers that are
granted to a corporation, subject to the limitations
provided in the code or in other laws.
Scope, limitation and requisites of the four principal powers
of local government units
1. General Welfare Clause
2. Taxation
3. Eminent Domain
4. Local Legislative Power
General welfare clause- It is the statutory grant of police
power to LGUs. It includes those powers expressly granted to
LGUs including those which are implied from those expressly
granted, and including those which are necessary,
appropriate or incidental for its efficient governance, and
those which are essential to the promotion of the general
welfare.
Responsibility of the LGUs under the general welfare clause:
1. The preservation and enrichment of culture.
2. Promote health and safety.
3. Enhance the right of the people to a balanced ecology.
4. Encourage and support the development of appropriate
and self-reliant scientific and technological capabilities.
5. Improve public morals
6. Enhance economic prosperity and social justice.
7. Promote full employment among their residents.
8. Maintain peace and order.
9. Preserve the comfort and convenience of their inhabitants.
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Limitations on the exercise of powers under the General
Welfare Clause
1. To be exercised only within the territorial limits of the LGU,
except for protection of water supply.
2. Equal protection to the interest of the public in general.
3. Due process which means that the means employed are
reasonably necessary for the accomplishment of the purpose
and not duly oppressive to individuals.
4. Conformity to the constitution which means that the
activities allowed by law cannot be prohibited. They can only
be regulated.
Test to determine the validity of police power
1. The subject matter of the law must be lawful, which means
that public interest, as distinguished from those of a
particular interest, requires the interference of the state.
2. The means employed to attain the purpose of the law must
be reasonably necessary and not unduly oppressive upon
individuals.
Power to tax fundamental principles
1. Uniform taxation
2. Equitable taxation
3. Progressive system of taxation
4. Collected only for public purposes and shall inure solely to
the LGU unless specifically provided by law.
5. Collection of local taxes, fees, charges, and other
impositions shall in no case be let to any person.
Basic principles to be observed regarding financial
transactions and operations of LGUs
1. No money shall be paid out of the local treasury except in
pursuance of an appropriation ordinance or law.
2. Local government funds and monies shall be spent solely
for public purposes.
3. Trust funds in the local treasury shall not be paid out
except in the fulfilment of the purpose for which the trust
was created or the funds received.
Accountability and responsibility
1. All monies officially received by a local government officer
in any capacity or in any occasion shall be accounted for as
local funds unless otherwise provided by law.
2. Every LGU officer whose duties permit or require custody
of local funds shall be properly bonded, and said officer shall
be accountable and responsible for said funds and for the
safekeeping thereof.
Budgeting
1. Local budgets shall be based on functions, activities and
projects in terms of expected results.
2. Local budgets plans and goals shall, as far as practicable, be
harmonized with national development plans, goals, and
strategies in order to optimize the utilization of resources and
to avoid duplication in the use of fiscal and physical
resources.
3. Local budgets shall operationalize approved local
development plans.
4. LGU’s shall ensure that their respective budgets
incorporate the requirements of their component units and
provide for equitable allocation of resources among these
component units.
5. National planning shall be based on local planning to
ensure that the needs and aspirations of the people as
articulated by the LGUs in their respective local development
plans are considered in the formulation of budgets of national
line agencies or offices.
6. The LGU shall endeavour a balanced budget in each fiscal
year of operation.
Sharing of fiscal responsibility- It shall be shared by all those
exercising authority over the financial affairs, transactions,
and operations of LGUs.
Eminent Domain- LGUs have no inherent power to exercise
eminent domain. It must be explicitly delegated as, in fact, it
is so provided by sec.19 of the LGC.
The power of eminent domain may not be exercised unless a
valid and definite offer has been previously made to the
owner and such offer was not accept.
The LGU can immediately take possession of the property
subject of eminent domain upon making a deposit with the
proper court of at least 15% of the fair market value of the
property based on the current tax declaration of the property
to be expropriated.
Eminent domain exercised by congress- Is plenary. It can
reach every form of property which may be needed by the
state for public use. In fact, it can reach even private property
already dedicated to public use, or even property already
devoted to religious worship.
Eminent domain exercised by LGUs- Not strictly speaking a
power of eminent domain but merely a power of inferior
domain which means that local government units can only
exercise such power which is delegated to it.
Ordinance vs Resolution
1. Ordinance
 It is a law
 It has to undergo three readings before it is finally
approved into law.
2. Resolution
 It is merely an expression of sentiment or opinion of
a law-making body on a specific matter.
 Readings are not required unless decided otherwise
by a majority of the members of the council.
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Closure and opening of roads- Pursuant to an ordinance,
LGUs may close or open the same permanently or
temporarily.
Requirements to a permanent closure
1. Said ordinance must be approved by at least 2/3 of all the
members of the Sanggunian, and when necessary, it shall
provide an adequate substitute.
2. Adequate provision for the maintenance of public safety
must be made.
3. The property may be used or conveyed for any purpose for
which other real property may be lawfully used or conveyed.
But no freedom park shall be closed permanently without
provision for its transfer or relocation to a new site.
Temporary closure- During an actual emergency, fiesta,
public rallies and etc.
Cabrera vs CA- A person allegedly suffered damage and
inconvenience on account of a street which was ordered
closed, cannot recover compensation for the said closure
because he has still a reasonable access to the general system
of the streets. Whatever the damages and inconveniences
suffered by the petitioner as a result of the new road is
insignificant compared to the greater convenience derived
from the said road, plus the fact that the new road adds
beauty and color not only to the town but also to the whole
province.
Primary classification of lands- The responsibility over
primary classification of lands of the public domain is vested
in the president upon the recommendation of the DENR. Said
power and responsibility is the sole prerogative of the
president.
Secondary classification of lands- The authority to reclassify
agricultural lands into residential, commercial, industrial, is
vested in the LGUs.
Agricultural lands reclassified by LGUs into residential,
commercial, industrial covered by the CARP depends if the
said reclassification was made by the LGU and approved by
the HLURB or its predecessor agencies, prior to June 15, 1988,
the said lands are not covered by CARP. The only
requirement, however, is to secure an exemption clearance
from the DAR. This is what is called as Declaration of Exempt
Status under DAR AO no. 6 1994. If the said lands, however,
are reclassified after June 15, 1988, they are covered by the
CARP. Hence, the law on land conversion will apply.
Specific authority of a city or municipality regarding
reclassification of agricultural lands
A city or municipality may, through an ordinance passed
after conducting public hearings for the purpose, authorize
the reclassification of agricultural lands and provide for the
manner of their utilization or disposition.
1. When the land ceases to be economically feasible and
sound for agricultural purposes as determined by the
Department of agriculture.
2. Where the land shall have substantially greater economic
value for residential, commercial, or industrial purposes as
determined by the Sanggunian.
Provided that such reclassification shall be limited to the
following percentage of the total agricultural land area at
the time of the passage of the ordinance
1. For highly urbanized cities and independent component
cities 15%.
2. For component cities and 1st to 3rd class municipalities 10%
3. For 4th and 6th class municipalities 5%
Provided that the agricultural land distributed to land reform
beneficiaries shall not be affected by such reclassification.
Local Legislative Power
Requisites of a valid ordinance
1. It must not be contrary to the constitution and any statute.
2. It must not be unfair or oppressive.
3. It must not be partial or discriminatory.
4. It must not prohibited but may regulate trade.
5. It must not be unreasonable.
6. It must be general in circulation and consistent with public
policy.
When an ordinance considered approved
1. When the local chief executive approves the same, affixing
his signature on each and every page thereof.
2. When the local chief executive vetoes the same and the
veto is overridden by 2/3 vote of all the members of the
Sanggunian.
3. When it is not acted upon within 15 days in case of a
province, or 10 days in case of a city or municipality,
otherwise the ordinance shall be deemed approved as if he
signed it.
Veto power of the local chief executive
1. He may veto an ordinance only once on the ground that is
ultra vires, or that it is prejudicial to public welfare.
Review of approved ordinances and resolutions- The same
shall be forwarded to the Sangguniang Panlalawigan for
review. If it finds that the ordinance or resolution is beyond
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the power of the Sangguniang Panlungsod or Sangguniang
Bayan, it shall declare said ordinance or resolution invalid in
whole or in part. If no action is taken within 30 days, the
same is presumed valid.
Review of barangay ordinance- They shall be furnished to the
Sangguniang Panlungsod or Sangguniang Bayan for review. If
the reviewing Sangguniang finds the barangay ordinances
inconsistent with law or city or municipal ordinances, the
Sanggunian concerned shall within 30 days from the receipt
thereof, return the same with its comments and
recommendations to the sangguniang Barangay for
adjustment, amendment, or modification, in which case the
effectivity of the ordinance is suspended until the revision
called for it is effected. If no action is taken by the
Sangguniang Panlungsod or Sangguniang Bayan within 30
days, the ordinance is deemed approved.
Effectivity of ordinance or resolution- It takes effect after 10
days from the date a copy thereof is posted in a bulletin
board at the entrance of the provincial capital, city, or
municipal or barangay hall, and in at least 2 other
conspicuous places in the local government unit concerned.
Ordinance with penal sanctions
A. provinces
1. It shall be published in a newspaper of general circulation
within the province where the local legislative body belongs.
2. If there is no newspaper of general circulation within the
province, posting of such an ordinance shall be made in all
municipalities and cities of the province where the
Sanggunian of origin is situated.
B. Independent component cities
1. The same shall be posted.
2. In addition, it shall be published once in a local newspaper
of general circulation within the city. If there is no such
newspaper within the city, the publication shall be made in
any newspaper of general circulation.
Corporate powers of LGUs
City Council of Cebu vs Anzon- It is commenced by the local
executive, upon authority of the Sanggunian, except when
the City Councilors, by themselves and as representation of or
on behalf of the city, bring the action to prevent unlawful
disbursement of City funds.
Provincial Fiscal, Provincial Attorney, Municipal Attorney-
Only them may validly represent the municipality. The
representation of an unauthorized lawyer may be raised at
any stage of the proceedings.
Power of LGUs to acquire and convey real or personal
property- It may alienate only patrimonial property upon
proper authority.
3 kinds of properties owned by a municipal corporation
1. Public property- If the property is owned by the
municipality in its public and governmental capacity, the
property is public and congress has absolute control over it.
2. Patrimonial Property- If the property is owned by the
municipality in its private or proprietary capacity, then it is
patrimonial and congress has no absolute control over the
same.
3. Legua communal or communal lands of a town- It is a
property held by the municipality for the state in trust for the
inhabitants, hence, the state is free to dispose it at will.
Power of the LGU to enter into contracts
Requisities of valid municipal contract
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. Unless otherwise
provided by the code, no contract may be entered into by the
local chief executive on behalf of the LGU without prior
authorization by the Sanggunian concerned.
3. The contract must comply with certain substantive
requirements.
4. The contract must comply with the formal requisites of
written contracts.
Otherwise, the contract is ultra vires and null and void.
The contract may be ratified if the defects are either the 3rd
and 4th requisite.
Manatan vs Municipality of Luna La Union- The municipality
cannot adopt a subsequent resolution setting aside the said
contract of lease and grant of privilege unless the subsequent
resolution is a police measure, in which case, the exercise of
police power prevails over the non-impairment clause.
Authority to negotiate and secure grants
Section 23. Authority to Negotiate and Secure Grants. - Local
chief executives may, upon authority of the sanggunian,
negotiate and secure financial grants or donations in kind, in
support of the basic services or facilities enumerated under
Section 17 hereof, from local and foreign assistance agencies
without necessity of securing clearance or approval therefor
from any department, agency, or office of the national
government of from any higher local government unit:
Provided, That projects financed by such grants or assistance
with national security implications shall be approved by the
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national agency concerned: Provided, further, That when
such national agency fails to act on the request for approval
within thirty (30) days from receipt thereof, the same shall be
deemed approved.
The local chief executive shall, within thirty (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.
Liability of LGUs for death or injury to persons or property
1 The LGU is engaged in governmental functions. It is exempt
from liability.
2. The LGU is engaged in proprietary functions. It is liable.
Doctrine of Implied Municipal Liability- A municipality
becomes obligated upon an implied contract to pay the
reasonable value of the benefits accepted or appropriated by
it. If a municipality therefore derives benefits from a contract
it entered into, it cannot question its validity to deny
answerability under the contract.
Ramos vs CA- A municipality cannot engage the services of a
private lawyer. Only the Provincial Fiscal, Provincial Attorney,
or Municipal Attorney can validly represent a province or
municipality in law suits.
Except: Only when the Provincial Fiscal is disqualified to
represent it. In such a case, the fact of disqualification must
appear on record. (Municipality of Pililia Rizal vs CA)
Elective officials: Qualifications and Disqualifications
Section 39. Qualifications. -
(a) An elective local official must be a citizen of the
Philippines; a registered voter in the barangay, municipality,
city, or province or, in the case of a member of the
sangguniang panlalawigan, sangguniang panlungsod, or
sangguniang bayan, the district where he intends to be
elected; a resident therein for at least one (1) year
immediately preceding the day of the election; and able to
read and write Filipino or any other local language or dialect.
(b) Candidates for the position of governor, vice-governor, or
member of the sangguniang panlalawigan, or mayor, vice-
mayor or member of the sangguniang panlungsod of highly
urbanized cities must be at least twenty-one (21) years of age
on election day.
(c) Candidates for the position of mayor or vice-mayor of
independent component cities, component cities, or
municipalities must be at least twenty-one (21) years of age
on election day.
(d) Candidates for the position of member of the sangguniang
panlungsod or sangguniang bayan must be at least eighteen
(18) years of age on election day.
(e) Candidates for the position of punong barangay or
member of the sangguniang barangay must be at least
eighteen (18) years of age on election day.
(f) Candidates for the sangguniang kabataan must be at least
fifteen (15) years of age but not more than twenty-one (21)
years of age on election day.
Section 40. Disqualifications. - The following persons are
disqualified from running for any elective local position:
(a) Those sentenced by final judgment for an offense
involving moral turpitude or for an offense punishable by one
(1) year or more of imprisonment, within two (2) years after
serving sentence;
(b) Those removed from office as a result of an administrative
case;
(c) Those convicted by final judgment for violating the oath of
allegiance to the Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-political cases
here or abroad;
(f) 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 this Code; and
(g) The insane or feeble-minded.
Frivaldo vs COMELEC- Sec. 39 of the LGC does not mention
any particular date when the candidate must possess Filipino
Citizenship, but the Supreme Court held that the governor
was qualified to be proclaimed on the reasoning that an
official begins to govern only upon his proclamation and on
the day his term begins.
Fugitive from justice- It includes:
 Those who flee after conviction to avoid punishment
 Those who, after being charged, flee to avoid
prosecution.
Manner of election
1. Governor, vice governor, city mayor, city vice mayor,
municipal mayor, municipal vice mayor and punong
barangay- Elected at large in their respective units by the
qualified voters therein
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2. Regular members of the sangguniang panlalawigan,
sangguniang panlungsod, and sangguniang bayan- They shall
be elected by district, as may be provided for by law.
Date of election- Unless otherwise provided by law, the
elections for local officials shall be held every three years in
the second Monday of May.
Term of office
Section 43. Term of Office. -
(a) The term of office of all local elective officials elected after
the effectivity of this Code shall be three (3) years, starting
from noon of June 30, 1992 or such date as may be provided
for by law, except that of elective barangay officials:
Provided, That 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.
(b) No local elective official shall serve for more than three (3)
consecutive terms in the same position. Voluntary
renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of service for
the full term for which the elective official concerned was
elected.
(c) The term of office of barangay officials and members of
the sangguniang kabataan shall be for three (3) years, which
shall begin after the regular election of barangay officials on
the second Monday of May 1994.
Rules on vacancies
Section 44. Permanent Vacancies in the Offices of the
Governor, Vice-Governor, Mayor, and Vice-Mayor.
1. If a permanent vacancy occurs in the office of the governor
or mayor, the vice-governor or vice-mayor concerned shall
become the governor or mayor.
2. If a permanent vacancy occurs in the offices of the
governor, vice-governor, mayor, or vice-mayor, the highest
ranking sanggunian member or, in case of his permanent
inability, the second highest ranking sanggunian member,
shall become the governor, vice-governor, mayor or vice-
mayor, as the case may be. Subsequent vacancies in the said
office shall be filled automatically by the other sanggunian
members according to their ranking as defined herein.
3. If a permanent vacancy occurs in the office of the punong
barangay, the highest ranking sanggunian barangay member
or, in case of his permanent inability, the second highest
ranking sanggunian member, shall become the punong
barangay. A tie between or among the highest ranking
sanggunian members shall be resolved by the drawing of lots.
4. The successors as defined herein shall serve only the
unexpired terms of their predecessors.
Permanent vacancy arises when an elective local official fills
a higher vacant office:
1. Refuses to assume office
2. Fails to qualify
3. Dies
4. Removed from office
5. Voluntarily resigns
6. Otherwise permanently incapacitated to discharge the
functions of his office.
Section 45. Permanent Vacancies in the Sanggunian. -
A. Permanent vacancies in the sanggunian where automatic
succession provided above do not apply shall be filled by
appointment in the following manner:
(1) The President, through the Executive Secretary, in the
case of the sangguniang panlalawigan and the sangguniang
panlungsod of highly urbanized cities and independent
component cities;
(2) The governor, in the case of the sangguniang panlungsod
of component cities and the sangguniang bayan;
(3) The city or municipal mayor, in the case of sangguniang
barangay, upon recommendation of the sangguniang
barangay concerned.
(b) Except for the sangguniang barangay, only the nominee of
the political party under which the sanggunian member
concerned had been elected and whose elevation to the
position next higher in rank created the last vacancy in the
sanggunian shall be appointed in the manner hereinabove
provided. The appointee shall come from the same political
party as that of the sanggunian member who caused the
vacancy and shall serve the unexpired term of the vacant
office. In the appointment herein mentioned, a nomination
and a certificate of membership of the appointee from the
highest official of the political party concerned are conditions
sine qua non, and any appointment without such nomination
and certification shall be null and void ab initio and shall be a
ground for administrative action against the official
responsible therefore.
(c) In case or permanent vacancy is caused by a sanggunian
member who does not belong to any political party, the local
chief executive shall, upon recommendation of the
sanggunian concerned, appoint a qualified person to fill the
vacancy.
(d) In case of vacancy in the representation of the youth and
the barangay in the sanggunian, said vacancy shall be filled
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automatically by the official next in rank of the organization
concerned.
Section 46. Temporary Vacancy in the Office of the Local
Chief Executive. -
1. When the governor, city or municipal mayor, or punong
barangay is temporarily incapacitated to perform his duties
for physical or legal reasons such as, but not limited to, leave
of absence, travel abroad, and suspension from office, the
vice-governor, city or municipal vice-mayor, or the highest
ranking sangguniang barangay member shall automatically
exercise the powers and perform the duties and functions of
the local chief executive concerned, except the power to
appoint, suspend, or dismiss employees which can only be
exercised if the period of temporary incapacity exceeds thirty
(30) working days.
Said temporary incapacity shall terminate upon submission to
the appropriate sanggunian of a written declaration by the
local chief executive concerned that he has reported back to
office. In cases where the temporary incapacity is due to legal
causes, the local chief executive concerned shall also submit
necessary documents showing that said legal causes no
longer exist.
2. When the incumbent local chief executive is traveling
within the country but outside his territorial jurisdiction for
a period not exceeding three (3) consecutive days, he may
designate in writing the officer-in-charge of the said office.
Such authorization shall specify the powers and functions
that the local official concerned shall exercise in the absence
of the local chief executive except the power to appoint,
suspend, or dismiss employees.
In the event, however, that the local chief executive
concerned fails or refuses to issue such authorization, the
vice-governor, the city or municipal vice-mayor, or the
highest ranking sangguniang barangay member, as the case
may be, shall have the right to assume the powers, duties,
and functions of the said office on the fourth (4th) day of
absence of the said local chief executive, subject to the
limitations provided in subsection (c) hereof.
Except as provided above, the local chief executive shall in no
case authorize any local official to assume the powers, duties,
and functions of the office, other than the vice-governor, the
city or municipal vice-mayor, or the highest ranking
sangguniang barangay member, as the case may be.
Sangguniang Barangay members- Prohibited to have party
affiliations.
Section 47. Approval of Leaves of Absence. -
(a) Leaves of absence of local elective officials shall be
approved as follows:
(1) Leaves of absence of the governor and the mayor
of a highly urbanized city or an independent
component city shall be approved by the President
or his duly authorized representative;
(2) Leaves of absence of vice-governor or a city or
municipal vice-mayor shall be approved by the local
chief executive concerned: Provided, That the leaves
of absence of the members of the sanggunian and its
employees shall be approved by the vice-governor or
city or municipal vice-mayor concerned;
(3) Leaves of absence of the component city or
municipal mayor shall be approved by the governor;
and
(4) Leaves of absence of a punong barangay shall be
approved by the city or municipal mayor: Provided,
That leaves of absence of sangguniang barangay
members shall be approved by the punong
barangay.
(b) Whenever the application for leave of absence
hereinabove specified is not acted upon within five (5)
working days after receipt thereof, the application for leave
of absence shall be deemed approved.
Practice of profession
1. A governor, city and municipal mayor are prohibited from
practicing their profession or engage in any occupation other
than the exercise of their functions as local chief executives.
2. Sangguninan Members can practice their profession except
during session hours. Sangguniang members who are
members of the bar shall not:
(1) Appear as counsel before any court in any civil
case wherein a local government unit or any office,
agency, or instrumentality of the government is the
adverse party;
(2) Appear as counsel in any criminal case wherein
an officer or employee of the national or local
government is accused of an offense committed in
relation to his office.
(3) Collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official; and
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 (4) Use property and personnel of the government
except when the sanggunian member concerned is
defending the interest of the government.
(5)Doctors of medicine may practice their profession
even during official hours of work only on occasions
of emergency: Provided, That the officials concerned
do not derive monetary compensation therefrom.
Partisan Political Activity
Section 93. Partisan Political Activity. - No local official or
employee in the career civil service shall engage directly or
indirectly in any partisan political activity or take part in any
election, initiative, referendum, plebiscite, or recall, except to
vote, nor shall he use his official authority or influence to
cause the performance of any political activity by any person
or body.
He may, however, express his views on current issues, or
mention the names of certain candidates for public office
whom he supports. Elective local officials may take part in
partisan political and electoral activities, but it shall be
unlawful for them to solicit contributions from their
subordinates or subject these subordinates to any of the
prohibited acts under the Omnibus Election Code.
Disciplinary Actions
Section 60. Grounds for Disciplinary Actions. - An elective
local official may be disciplined, suspended, or removed
from office on any of the following grounds:
(a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office,
gross negligence, or dereliction of duty;
(d) Commission of any offense involving moral
turpitude or an offense punishable by at least prision
mayor;
(e) Abuse of authority;
(f) Unauthorized absence for fifteen (15) consecutive
working days, except in the case of members of the
sangguniang panlalawigan, sangguniang panlungsod,
sangguniang bayan, and sangguniang barangay;
(g) Application for, or acquisition of, foreign
citizenship or residence or the status of an
immigrant of another country; and
(h) Such other grounds as may be provided in this
Code and other laws.
An elective local official may be removed from office on the
grounds enumerated above by order of the proper court.
Section 61. Form and Filing of Administrative Complaints. - A
verified complaint against any erring local elective official
shall be prepared as follows:
(a) A complaint against any elective official of a province, a
highly urbanized city, an independent component city or
component city shall be filed before the Office of the
President;
(b) A complaint against any elective official of a municipality
shall be filed before the sangguniang panlalawigan whose
decision may be appealed to the Office of the President; and
(c) A complaint against any elective barangay official shall be
filed before the sangguniang panlungsod or sangguniang
bayan concerned whose decision shall be final and executory.
Section 62. Notice of hearing. Procedure after filing of said
administrative complaint:
1. Within seven (7) days after the administrative complaint is
filed, the Office of the President or the sanggunian
concerned, as the case may be, shall require the respondent
to submit his verified answer within fifteen (15) days from
receipt thereof, and commence the investigation of the case
within ten (10) days after receipt of such answer of the
respondent.
2. When the respondent is an elective official of a province or
highly urbanized city, such hearing and investigation shall be
conducted in the place where he renders or holds office. For
all other local elective officials, the venue shall be the place
where the sanggunian concerned is located.
3. However, no investigation shall be held within ninety (90)
days immediately prior to any local election, and no
preventive suspension shall be imposed within the said
period. If preventive suspension has been imposed prior to
the 90-day period immediately preceding local election, it
shall be deemed automatically lifted upon the start of
aforesaid period.
Section 63. Preventive Suspension. -
(a) Preventive suspension may be imposed:
(1) By the President, if the respondent is an elective
official of a province, a highly urbanized or an
independent component city;
(2) By the governor, if the respondent is an elective
official of a component city or municipality; or
(3) By the mayor, if the respondent is an elective
official of the barangay.
(b) Preventive suspension may be imposed at any time after
the issues are joined, when the evidence of guilt is strong,
and given the gravity of the offense, there is great probability
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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: Provided, That,
any single preventive suspension of local elective officials
shall not extend beyond sixty (60) days: Provided, further,
That in the event that several administrative cases are filed
against an elective official, he cannot be preventively
suspended for more than ninety (90) days within a single year
on the same ground or grounds existing and known at the
time of the first suspension.
(c) 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.
(d) Any abuse of the exercise of the power of preventive
suspension shall be penalized as abuse of authority.
Section 64. 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 65. 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 process of subpoena or
subpoena duces tecum.
Section 66. Form and Notice of Decision. -
(a) 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.
(b) 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.
(c) 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.
Section 67. Administrative Appeals. - Decisions in
administrative cases may, within thirty (30) days from receipt
thereof, be appealed to the following:
(a) The sangguniang panlalawigan, in the case of decisions of
the sangguniang panlungsod of component cities and the
sangguniang bayan; and
(b) 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 68. Execution Pending Appeal. - An appeal shall not
prevent a decision from becoming final or executory. The
respondent shall be considered as having been placed under
preventive suspension during the pendency of an appeal in
the event he wins such appeal. In the event the appeal results
in an exoneration, he shall be paid his salary and such other
emoluments during the pendency of the appeal.
Recall
Section 69. 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.
Section 70. Initiation of the Recall Process. -
(a) Recall may be initiated by a preparatory recall assembly
or by the registered voters of the local government unit to
which the local elective official subject to such recall belongs.
(b) There shall be a preparatory recall assembly in every
province, city, district, and municipality which shall be
composed of the following:
(1) Provincial level. - All mayors, vice-mayors, and
sanggunian members of the municipalities and
component cities;
(2) City level. - All punong barangay and sanggunian
barangay members in the city;
(3) Legislative District level. - In case where
sangguniang panlalawigan members are elected by
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 district, all elective municipal officials in the district;
and in cases where sangguniang panlungsod
members are elected by district, all elective
barangay officials in the district; and
(4) Municipal level. - All punong barangay and
sangguniang barangay members in the municipality.
(c) A majority of all the preparatory recall assembly members
may convene in session in a public place and initiate a recall
proceedings against any elective official in the local
government unit concerned. 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.
(d) 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.
(1) A written petition for recall duly signed before the election
registrar or his representative, and in the presence of a
representative of the petitioner and a representative of the
official sought to be recalled and, and in a public place in the
province, city, municipality, or barangay, as the case may be,
shall be filed with the COMELEC through its office in the local
government unit concerned. The COMELEC or its duly
authorized representative shall cause the 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 petition and the required percentage of voters.
(2) Upon the lapse of the aforesaid period, the COMELEC or
its duly authorized representative shall announce the
acceptance of candidates to the position and thereafter
prepare the list of candidates which shall include the name of
the official sought to be recalled.
Section 71. Election on Recall. - Upon the filing of a valid
resolution or petition for recall with the appropriate local
office of the COMELEC, the Commission or its duly authorized
representative shall set the date of the election on recall,
which shall not be later than thirty (30) days after the filing of
the resolution or petition for recall in the case of the
barangay, city, or municipal officials. and forty-five (45) days
in the case of provincial officials. The official or officials
sought to be recalled shall automatically be considered as
duly registered candidate or candidates to the pertinent
positions and, like other candidates, shall be entitled to be
voted upon.
Section 72. Effectivity of Recall. - The recall of an elective
local official shall be effective only upon the election and
proclamation of a successor in the person of the candidate
receiving the highest number of votes cast during the election
on recall. Should the official sought to be recalled receive the
highest number of votes, confidence in him is thereby
affirmed, and he shall continue in office.
Section 73. Prohibition from Resignation. - The elective local
official sought to be recalled shall not be allowed to resign
while the recall process is in progress.
Section 74. Limitations on Recall. -
(a) Any elective local official may be the subject of a recall
election only once during his term of office for loss of
confidence.
(b) No recall shall take place within one (1) year from the date
of the official's assumption to office or one (1) year
immediately preceding a regular local election.
Section 75. Expenses Incident to Recall Elections. - All
expenses incident to recall elections shall be borne by the
COMELEC. For this purpose, there shall be included in the
annual General Appropriations Act a contingency fund at the
disposal of the COMELEC for the conduct of recall elections.
Human Resources and Development
Section 76. Organizational Structure and Staffing Pattern. -
Every local government unit shall design and implement its
own organizational structure and staffing pattern taking into
consideration its service requirements and financial
capability, subject to the minimum standards and guidelines
prescribed by the Civil Service Commission.
Section 77. Responsibility for Human Resources and
Development. - The chief executive of every local
government unit shall be responsible for human resources
and development in his unit and shall take all personnel
actions in accordance with the Constitutional provisions on
civil service, pertinent laws, and rules and regulations
thereon, including such policies, guidelines and standards as
the Civil Service Commission may establish: Provided, That
the local chief executive may employ emergency or casual
employees or laborers paid on a daily wage or piecework
basis and hired through job orders for local projects
authorized by the sanggunian concerned, without need of
approval or attestation by the Civil Service Commission:
Provided, further, That the period of employment of
emergency or casual laborers as provided in this Section shall
not exceed six (6) months.
The Joint Commission on Local Government Personnel
Administration organized pursuant to Presidential Decree
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Numbered Eleven Hundred thirty-six (P.D. No. 1136) is hereby
abolished and its personnel, records, equipment and other
assets transferred to the appropriate office in the Civil Service
Commission.
Section 78. Civil Service Law, Rules and Regulations, and
Other Related Issuances. - All matters pertinent to human
resources and development in local government units shall be
governed by the civil service law and such rules and
regulations and other issuances promulgated pursuant
thereto, unless otherwise specified in this Code.
Section 79. Limitation to Appointments. - No person shall be
appointed in the career service of the local government if he
is related within the fourth civil degree of consanguinity or
affinity to the appointing or recommending authority.
Section 80. Public Notice of Vacancy; Personnel Selection
Board. -
(a) Whenever a local executive decides to fill a vacant career
position, there shall be posted notices of the vacancy in at
least three (3) conspicuous public places in the local
government unit concerned for a period of not less than
fifteen (15) days.
(b) There shall be established in every province, city or
municipality a personnel selection board to assist the local
chief executive in the judicious and objective selection or
personnel for employment as well as for promotion, and in
the formulation of such policies as would contribute to
employee welfare.
(c) The personnel selection board shall be headed by the local
chief executive, and its members shall be determined by
resolution of the sanggunian concerned. A representative of
the Civil Service Commission, if any, and the personnel officer
of the local government unit concerned shall be ex officio
members of the board.
Section 81. Compensation of Local Officials and Employees. -
The compensation of local officials and personnel shall be
determined by the sanggunian concerned:
1. Provided, That the increase in compensation of elective
local officials shall take effect only after the terms of office of
those approving such increase shall have expired.
2. Provided, further, That the increase in compensation of
the appointive officials and employees shall take effect as
provided in the ordinance authorizing such increase:
3. Provided, however, That said increases shall not exceed the
limitations on budgetary allocations for personal services
provided under Title Five, Book II of this Code:
4. Provided, finally, That such compensation may be based
upon the pertinent provisions of Republic Act Numbered
Sixty-seven fifty-eight (R.A. No 6758), otherwise known as the
"Compensation and Position Classification Act of 1989".
The punong barangay, the sangguniang barangay member,
the sangguniang kabataan chairman, the barangay treasurer,
and the barangay secretary shall be entitled to such
compensation, allowances, emoluments, and such other
privileges as provided under Title One Book III of this Code.
Elective local officials shall be entitled to the same leave
privileges as those enjoyed by appointive local officials,
including the cumulation and commutation thereof.
Resignation of elective local officials
Section 82. Resignation of Elective Local Officials. - (a)
Resignations by elective local officials shall be deemed
effective only upon acceptance by the following authorities:
(1) The President, in the case of governors, vice-
governors, and mayors and vice-mayors of highly
urbanized cities and independent component cities;
(2) The governor, in the case of municipal mayors,
municipal vice-mayors, city mayors and city vice-
mayors of component cities;
(3) The sanggunian concerned, in the case of
sanggunian members; and
(4) The city or municipal mayor, in the case of
barangay officials.
(b) Copies of the resignation letters of elective local officials,
together with the action taken by the aforesaid authorities,
shall be furnished the Department of the Interior and Local
Government.
(c) The resignation shall be deemed accepted if not acted
upon by the authority concerned within fifteen (15) days from
receipt thereof.
(d) Irrevocable resignations by sanggunian members shall be
deemed accepted upon presentation before an open session
of the sanggunian concerned and duly entered in its records:
Provided, however, That this subsection does not apply to
sanggunian members who are subject to recall elections or to
cases where existing laws prescribed the manner of acting
upon such resignations.
Section 83. Grievance Procedure. - In every local government
unit, the local chief executive shall establish a procedure to
inquire into, act upon, resolve or settle complaints and
grievances presented by local government employees.
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Section 84. Administrative Discipline. - Investigation and
adjudication of administrative complaints against appointive
local officials and employees as well as their suspension and
removal shall be in accordance with the civil service law and
rules and other pertinent laws. The results of such
administrative investigations shall be reported to the Civil
Service Commission.
Section 85. Preventive Suspension of Appointive Local
Officials and Employees. -
(a) The local chief executives may preventively suspend for a
period not exceeding sixty (60) days and subordinate official
or employee under his authority pending investigation if the
charge against such official or employee involves dishonesty,
oppression or grave misconduct or neglect in the
performance of duty, or if there is reason to believe that the
respondent is guilty of the charges which would warrant his
removal from the service.
(b) Upon expiration of the preventive suspension, the
suspended official or employee shall be automatically
reinstated in office without prejudice to the continuation of
the administrative proceedings against him until its
termination. If the delay in the proceedings of the case is due
to the fault, neglect or request of the respondent, the time of
the delay shall not be counted in computing the period of
suspension herein provided.
Section 86. Administrative Investigation. - In any local
government unit, administrative investigation may be
conducted by a person or a committee duly authorized by the
local chief executive. Said person or committee shall conduct
hearings on the cases brought against appointive local
officials and employees and submit their findings and
recommendations to the local chief executive concerned
within fifteen (15) days from the conclusion of the hearings.
The administrative cases herein mentioned shall be decided
within ninety (90) days from the time the respondent is
formally notified of the charges.
Section 87. Disciplinary Jurisdiction. - Except as otherwise
provided by law, the local chief executive may impose the
penalty of removal from service, demotion in rank,
suspension for not more than one (1) year without pay, fine
in an amount not exceeding six (6) months salary, or
reprimand and otherwise discipline subordinate officials and
employees under his jurisdiction. If the penalty imposed is
suspension without pay for not more than thirty (30) days, his
decision shall be final. If the penalty imposed is heavier than
suspension of thirty (30) days, the decision shall be
appealable to the Civil Service Commission, which shall
decide the appeal within thirty (30) days from receipt thereof.
Section 88. Execution Pending Appeal. - An appeal shall not
prevent the execution of a decision of removal or suspension
of a respondent-appellant. In case the respondent-appellant
is exonerated, he shall be reinstated to his position with all
the rights and privileges appurtenant thereto from the time
he had been deprived thereof.
Local Government Units
I. Barangay
Role of the Barangay. - As the basic political unit, the
barangay serves as the primary planning and implementing
unit of government policies, plans, programs, projects, and
activities in the community, and as a forum wherein the
collective views of the people may be expressed, crystallized
and considered, and where disputes may be amicably settled.
Manner of Creation. - A barangay may be created, divided,
merged, abolished, or its boundary substantially altered, by
1. law or by an ordinance of the sangguniang panlalawigan or
panlungsod, subject to approval by a majority of the votes
cast in a plebiscite to be conducted by the COMELEC in the
local government unit or units directly affected within such
period of time as may be determined by the law or ordinance
creating said barangay. In the case of the creation of
barangays by the sangguniang panlalawigan, the
recommendation of the sangguniang bayan concerned shall
be necessary.
2. By act of congress- A barangay may be created to enhance
the delivery of basic services in the indigenous cultural
communities.
Section 386. Requisites for Creation. -
1. A barangay may be created out of a contiguous
territory which has a population of at least two
thousand (2,000) inhabitants as certified by the
National Statistics Office except in cities and
municipalities within Metro Manila and other
metropolitan political subdivisions or in highly
urbanized cities where such territory shall have a
certified population of at least five thousand (5,000)
inhabitants: Provided, That the creation thereof shall
not reduce the population of the original barangay
or barangays to less than the minimum requirement
prescribed herein.
To enhance the delivery of basic services in the
indigenous cultural communities, barangays may be
created in such communities by an Act of Congress,
notwithstanding the above requirement.
2. The territorial jurisdiction of the new barangay
shall be properly identified by metes and bounds or
by more or less permanent natural boundaries. The
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 territory need not be contiguous if it comprises two
(2) or more islands.
3. The governor or city mayor may prepare a
consolidation plan for barangays, based on the
criteria prescribed in this Section, within his
territorial jurisdiction. The plan shall be submitted to
the sangguniang panlalawigan or sangguniang
panlungsod concerned for appropriate action.
4. In the case of municipalities within the
Metropolitan Manila Area and other metropolitan
political subdivisions, the barangay consolidation
plan shall be prepared and approved by the
sangguniang bayan concerned.
Barangay officials
1. Punong Barangay
2. Seven Sangguniang Barangay members
3. Barangay Secretary
4. Barangay Treasurer
5. Lupong Tagapamayapa
6. Community Brigades
7. Other offices as may be necessary.
Persons in Authority. - For purposes of the Revised Penal
Code, the
1. punong barangay,
2. sangguniang barangay members, and
3. members of the lupong tagapamayapa
in each barangay shall be deemed as persons in
authority in their jurisdictions, while other barangay
officials and members who may be designated by
law or ordinance and charged with the maintenance
of public order, protection and security of life and
property, or the maintenance of a desirable and
balanced environment, and any barangay member
who comes to the aid of persons in authority, shall
be deemed agents of persons in authority.
Punong Barangay Powers and Functions:
(1) Enforce all laws and ordinances which are
applicable within the barangay;
(2) Negotiate, enter into, and sign contracts for and
in behalf of the barangay, upon authorization of the
sangguniang barangay;
(3) Maintain public order in the barangay and, in
pursuance thereof, assist the city or municipal mayor
and the sanggunian members in the performance of
their duties and functions;
(4) Call and preside over the sessions of the
sangguniang barangay and the barangay assembly,
and vote only to break a tie;
(5) Upon approval by a majority of all the members
of the sangguniang barangay, appoint or replace the
barangay treasurer, the barangay secretary, and
other appointive barangay officials;
(6) Organize and lead an emergency group whenever
the same may be necessary for the maintenance of
peace and order or on occasions of emergency or
calamity within the barangay;
(7) In coordination with the barangay development
council, prepare the annual executive and
supplemental budgets of the barangay;
(8) Approve vouchers relating to the disbursement of
barangay funds;
(9) Enforce laws and regulations relating to pollution
control and protection of the environment;
(10) Administer the operation of the katarungang
pambarangay in accordance with the provisions of
this Code;
(11) Exercise general supervision over the activities
of the sangguniang kabataan;
(12) Ensure the delivery of basic services as
mandated under Section 17 of this Code;
(13) Conduct an annual palarong barangay which
shall feature traditional sports and disciplines
included in national and international games, in
coordination with the Department of Education,
Culture and Sports;
(14) Promote the general welfare of the barangay;
and
(15) Exercise such other powers and perform such
other duties and functions as may be prescribed by
law or ordinance.
In the performance of his peace and order functions. the
punong barangay shall be entitled to possess and carry the
necessary firearm within his territorial jurisdiction, subject to
appropriate rules and regulations.
Sangguninang Barangay
Composition. - The sangguniang barangay, the legislative
body of the barangay, shall be composed of the punong
barangay as presiding officer, and the seven (7) regular
sangguniang barangay members elected at large and
sangguniang kabataan chairman, as members.
Powers, Duties, and Functions. -
(1) Enact ordinances as may be necessary to
discharge the responsibilities conferred upon it by
law or ordinance and to promote the general welfare
of the inhabitants therein;
(2) Enact tax revenue ordinances, subject to the
limitations imposed in this Code;
(3) Enact annual and supplemental budgets in
accordance with the provisions of this Code;
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(4) Provide for the construction and maintenance of
barangay facilities and other public works projects
chargeable to the general fund of the barangay or
such other funds actually available for the purpose;
(5) Submit to the sangguniang panlungsod or
sangguniang bayan such suggestions or
recommendations as it may see fit for the
improvement of the barangay or for the welfare of
the inhabitants thereof;
(6) Assist in the establishment, organization, and
promotion of cooperative enterprises that will
improve the economic condition and well-being of
the residents;
(7) Regulate the use of multi-purpose halls, multi-
purpose pavements, grain or copra dryers, patios
and other post-harvest facilities, barangay
waterworks, barangay markets, parking areas or
other similar facilities constructed with government
funds within the jurisdiction of the barangay and
charge reasonable fees for the use thereof;
(8) Solicit or accept monies, materials and voluntary
labor for specific public works and cooperative
enterprises of the barangay from residents, land
owners, producers and merchants in the barangay;
monies from grants-in-aid, subsidies, contributions,
and revenues made available to the barangays from
national, provincial, city or municipal funds; and
monies from other private agencies and individuals:
Provided, however, That monies or properties
donated by private agencies and individuals for
specific purposes shall accrue to the barangay as
trust fund;
(9) Solicit or accept, in any or all the foregoing public
works and cooperative enterprises, such cooperation
as is made available by national, provincial, city, or
municipal agencies established by law to render
financial, technical, and advisory assistance to
barangays and to barangay residents: Provided,
however, That in soliciting or accepting such
cooperation, the sangguniang barangay need not
pledge any sum of money for expenditure in excess
of amounts currently in the barangay treasury or
encumbered for other purposes;
(10) Provide compensation, reasonable allowances
or per diems as well as travel expenses for
sangguniang barangay members and other barangay
officials, subject to the budgetary limitations
prescribed under Title Five, Book II of this Code:
Provided, however, That no increase in the
compensation or honoraria of the sangguniang
barangay members shall take effect until after the
expiration of the full term of all members of the
sangguniang barangay approving such increase;
(11) Hold fund-raising activities for barangay projects
without the need of securing permits from any
national or local office or agency. The proceeds from
such activities shall be tax-exempt and shall accrue
to the general fund of the barangay: Provided, That
in the appropriation thereof, the specific purpose for
which such fund-raising activity has been held shall
be first satisfied: Provided, further, That no fund-
raising activities shall be held within a period of sixty
(60) days immediately preceding and after a national
or local election, recall, referendum, or plebiscite:
Provided, finally, That said fund-raising activities
shall comply with national policy standards and
regulations on morals, health, and safety of the
persons participating therein. The sangguniang
barangay, through the punong barangay, shall
render a public accounting of the funds raised at the
completion of the project for which the fund-raising
activity was undertaken;
(12) Authorize the punong barangay to enter into
contracts in behalf of the barangay, subject to the
provisions of this Code;
(13) Authorize the barangay treasurer to make direct
purchases in an amount not exceeding One
thousand pesos (P1,000.00) at any one time for the
ordinary and essential administrative needs of the
barangay;
(14) Prescribe fines in amounts not exceeding One
thousand pesos (P1,000.00) for violation of barangay
ordinances;
(15) Provide for the administrative needs of the
lupong tagapamayapa and the pangkat ng
tagapagkasundo;
(16) Provide for the organization of community
brigades, barangay tanod, or community service
units as may be necessary;
(17) Organize regular lectures, programs, or fora on
community problems such as sanitation, nutrition,
literacy, and drug abuse, and convene assemblies to
encourage citizen participation in government;
(18) Adopt measures to prevent and control the
proliferation of squatters and mendicants in the
barangay;
(19) Provide for the proper development and welfare
of children in the barangay by promoting and
supporting activities for the protection and total
development of children, particularly those below
seven (7) years of age;
(20) Adopt measures towards the prevention and
eradication of drug abuse, child abuse, and juvenile
delinquency;
(21) Initiate the establishment of a barangay high
school, whenever feasible, in accordance with law;
(22) Provide for the establishment of a non-formal
education center in the barangay whenever feasible,
in coordination with the Department of Education,
Culture and Sports;
(23) Provide for the delivery of basic services; and
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 (24) Exercise such other powers and perform such
other duties and functions as may be prescribed by
law or ordinance.
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
Composition: composed of the punong barangay, as
chairman and ten (10) to twenty (20) members. The lupon
shall be constituted every three (3) years in the manner
provided herein.
Section 402. Functions of the Lupon. - The lupon shall:
1. Exercise administrative supervision over the conciliation
panels provided herein;
2. Meet regularly once a month to provide a forum for
exchange of ideas among its members and the public on
matters relevant to the amicable settlement of disputes, and
to enable various conciliation panel members to share with
one another their observations and experiences in effecting
speedy resolution of disputes; and
3. Exercise such other powers and perform such other duties
and functions as may be prescribed by law or ordinance.
Members of the Lupon- Conciliators
Disputes that may be brought for amicable settlement
1. Those involving actual residents of different barangays
within the same city or municipality shall be brought in the
barangay where the respondent or any of the respondents
actually resides, at the election of the complainant
2. All disputes involving real property or any interest therein
shall be brought in the barangay where the real property or
larger portion thereof is situated.
3. Those arising at the workplace where the contending
parties are employed or at the institution where such parties
are enrolled for study be brought in the barangay where such
workplace or institution is located.
Exceptions
1. Where one party is the government, or any subdivision or
instrumentality thereof;
2. Where one party is a public officer or employee, and the
dispute relates to the performance of his official functions;
3. Offenses punishable by imprisonment exceeding one (1)
year or a fine exceeding Five thousand pesos (P5,000.00);
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located in
different cities or municipalities unless the parties thereto
agree to submit their differences to amicable settlement by
an appropriate lupon;
6. Disputes involving parties who actually reside in barangays
of different cities or municipalities, except where such
barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by
an appropriate lupon;
7. Such other classes of disputes which the President may
determine in the interest of Justice or upon the
recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within the
authority of the lupon under this Code are filed may, at any
time before trial motu propio refer the case to the lupon
concerned for amicable settlement.
Limitations before filing a complaint, petition, action or
proceeding involving any matter within the authority of the
lupon could be filed in court - 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, unless there has
been a confrontation between the parties before the lupon
chairman or the pangkat, and that no conciliation or
settlement has been reached as certified by the lupon
secretary or pangkat secretary as attested to by the lupon or
pangkat chairman or unless the settlement has been
repudiated by the parties thereto.
Where Parties May Go Directly to Court:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal
liberty calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional remedies such
as preliminary injunction, attachment, delivery of personal
property and support pendente lite; and
(4) Where the action may otherwise be barred by the statute
of limitations.
Conciliation among members of indigenous cultural
communities - The customs and traditions of indigenous
cultural communities shall be applied in settling disputes
between members of the cultural communities.
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Sangguniang Kabataan
Composition:
1. chairman,
2. seven (7) member
3. secretary
4. treasurer.
A sangguniang kabataan official who, during his term of
office, shall have passed the age of twenty-one (21) years
shall be allowed to serve the remaining portion of the term
for which he was elected.
Powers and functions of the SK:
1. Promulgate resolutions necessary to carry out the
objectives of the youth in the barangay in accordance with
the applicable provisions of this Code;
2. Initiate programs designed to enhance the social, political,
economic, cultural, intellectual, moral, spiritual, and physical
development of the members;
3. Hold fund-raising activities, the proceeds of which shall be
tax-exempt and shall accrue to the general fund of the
sangguniang kabataan: Provided, however, That in the
appropriation thereof, the specific purpose for which such
activity has been held shall be first satisfied;
4. Create such bodies or committees as it may deem
necessary to effectively carry out its programs and activities;
5. Submit annual and end-of-term reports to the sangguniang
barangay on their projects and activities for the survival and
development of the youth in the barangay;
6.Consult and coordinate with all youth organizations in the
barangay for policy formulation and program
implementation;
7. Coordinate with the appropriate national agency for the
implementation of youth development projects and programs
at the national level;
8. Exercise such other powers and perform such other duties
and functions as the sangguniang barangay may determine or
delegate; and
9. Exercise such other powers and perform such other duties
and functions as may be prescribed by law or ordinance.
Section 436. Pederasyon ng mga Kabataan.
There shall be an organization of all the pederasyon ng mga
sangguniang kabataan to be known as follows:
(1) in municipalities pambayang pederasyon ng mga
sangguniang kabataan;
(2) in cities, panlungsod na pederasyon ng mga sangguniang
kabataan;
(3) in provinces, panlalawigang pederasyon ng mga kabataan;
(4) in special metropolitan political subdivisions,
pangmetropolitan pederasyon ng mga sangguniang kabataan;
and
(5) on the national level pambansang pederasyon ng mga
sangguniang kabataan.
The pederasyon ng mga sangguniang kabataan shall, at all
levels, elect from among themselves the president, vice-
president and such other officers as may be necessary and
shall be organized in the following manner:
The panlungsod and pambayang pederasyon shall be
composed of the sangguniang kabataan chairmen of
barangays in the city or municipality, respectively;
The panlalawigang pederasyon shall be composed of
presidents of the panlungsod and pambayang pederasyon;
The pangmetropolitang pederasyon shall be composed of
presidents of the panlungsod and pambayan pederasyon;
The elected presidents of the pederasyon at the provincial,
highly urbanized city, and metropolitan political subdivision
levels shall constitute the pambansang katipunan ng mga
sangguniang kabataan.
II. MUNICIPALITY
Role of the Municipality. - The municipality, consisting of a
group of barangays, serves primarily as a general purpose
government for the coordination and delivery of basic,
regular and direct services and effective governance of the
inhabitants within its territorial jurisdiction.
Manner of Creation. - A municipality may be created, divided,
merged, abolished, or its boundary substantially altered only
by an Act of Congress and subject to the approval by a
majority of the votes cast in a plebiscite to be conducted by
the COMELEC in the local government unit or units directly
affected. Except as may otherwise be provided in the said Act,
the plebiscite shall be held within one hundred twenty (120)
days from the date of its effectivity.
Requisites for Creation.
1. A municipality may be created if it has an average annual
income, as certified by the provincial treasurer, of at least
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Two million five hundred thousand pesos (P2,500,000.00) for
the last two (2) consecutive years based on the 1991 constant
prices; a population of at least twenty-five thousand (25,000)
inhabitants as certified by the National Statistics Office; and a
contiguous territory of at least fifty (50) square kilometers as
certified by the Lands Management Bureau: Provided, That
the creation thereof shall not reduce the land area,
population or income of the original municipality or
municipalities at the time of said creation to less than the
minimum requirements prescribed herein.
2. The territorial jurisdiction of a newly-created municipality
shall be properly identified by metes and bounds. The
requirement on land area shall not apply where the
municipality proposed to be created is composed of one (1)
or more islands. The territory need not be contiguous if it
comprises two (2) or more islands.
3. The average annual income shall include the income
accruing to the general fund of the municipality concerned,
exclusive of special funds, transfers and non-recurring
income.
4. Municipalities existing as of the date of the effectivity of
this Code shall continue to exist and operate as such. Existing
municipal districts organized pursuant to presidential
issuances or executive orders and which have their respective
set of elective municipal officials holding office at the time of
the effectivity of this Code shall henceforth be considered as
regular municipalities.
III. CITY
Role of the City. - The city, consisting of more urbanized and
developed barangays. serves as a general purpose
government for the coordination and delivery of basic,
regular, and direct services and effective governance of the
inhabitants within its territorial jurisdiction.
Manner of Creation. - A city may be created, divided,
merged, abolished, or its boundary substantially altered, only
by an Act of Congress, and subject to approval by a majority
of the votes cast in a plebiscite to be conducted by the
COMELEC in the local government unit or units directly
affected. Except as may otherwise be provided in such Act.
the plebiscite shall be held within one hundred twenty (120)
days from the date of its effectivity.
Requisites for Creation.
1. A municipality or a cluster of barangays may be converted
into a component city if it has an average annual income, as
certified by the Department of Finance, of at least Twenty
million (P20,000,000.00) for the last two (2) consecutive years
based on 1991 constant prices, and if it has either of the
following requisites:
(i) a contiguous territory of at least one hundred (100) square
kilometers, as certified by the Lands Management Bureau; or
(ii) a population of not less than one hundred fifty thousand
(150,000) inhabitants, as certified by the National Statistics
Office:
Provided, That, the creation thereof shall not reduce the land
area, population, and income of the original unit or units at
the time of said creation to less than the minimum
requirements prescribed herein.
2. The territorial jurisdiction of a newly-created city shall be
properly identified by metes and bounds. The requirement on
land area shall not apply where the city proposed to be
created is composed of one (1) or more islands. The territory
need not be contiguous if it comprises two (2) or more
islands.
3. The average annual income shall include the income
accruing to the general fund, exclusive of specific funds,
transfers, and non-recurring income.
Cities, Classified. - A city may either be component or highly
urbanized: Provided, however, That the criteria established in
this Code shall not affect the classification and corporate
status of existing cities.
component cities whose charters prohibit their voters from
voting for provincial elective officials.
Independent component cities shall be independent of the
province. Independent component cities are those
Highly Urbanized Cities.
(a) Cities with a minimum population of two hundred
thousand (200,000) inhabitants as certified by the National
Statistics Office, and within the latest annual income of at
least Fifty Million Pesos (P50,000,000.00) based on 1991
constant prices, as certified by the city treasurer, shall be
classified as highly urbanized cities.
(b) Cities which do not meet above requirements shall be
considered component cities of the province in which they
are geographically located. If a component city is located
within the boundaries of two (2) or more provinces, such city
shall be considered a component of the province of which it
used to be a municipality.
(c) Qualified voters of highly urbanized cities shall remain
excluded from voting for elective provincial officials.
Unless otherwise provided in the Constitution or this Code,
qualified voters of independent component cities shall be
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governed by their respective charters, as amended, on the
participation of voters in provincial elections.
Qualified voters of cities who acquired the right to vote for
elective provincial officials prior to the classification of said
cities as highly-urbanized after the ratification of the
Constitution and before the effectivity of this Code, shall
continue to exercise such right.
Duty to Declare Highly Urbanized Status. - It shall be the duty
of the President to declare a city as highly urbanized within
thirty (30) days after it shall have met the minimum
requirements prescribed in the immediately preceding
section, upon proper application therefor and ratification in a
plebiscite by the qualified voters therein.
IV. PROVINCE
Role of the Province. - The province, composed of cluster of
municipalities, or municipalities and component cities, and as
a political and corporate unit of government, serves as
dynamic mechanism for developmental processes and
effective governance of local government units within its
territorial jurisdiction.
Manner of Creation. - A province may be created, divided,
merged, abolished, or its boundary substantially altered, only
by an Act of Congress and subject to approval by a majority of
the votes cast in a plebiscite to be conducted by the
COMELEC in the local government unit or units directly
affected. The plebiscite shall be held within one hundred
twenty (120) days from the date of effectivity of said Act,
unless otherwise provided therein.
Requisites for Creation.
1. A province may be created if it has an average annual
income, as certified by the Department of Finance, of not less
than Twenty million pesos (P20,000,000.00) based on 1991
constant prices and either of the following requisites:
(i) a contiguous territory of at least two thousand
(2,000) square kilometers, as certified by the Lands
Management Bureau; or
(ii) a population of not less than two hundred fifty
thousand (250,000) inhabitants as certified by the
National Statistics Office:
Provided, That, the creation thereof shall not reduce the land
area, population, and income of the original unit or units at
the time of said creation to less than the minimum
requirements prescribed herein.
2. The territory need not be contiguous if it comprise two (2)
or more islands or is separated by a chartered city or cities
which do not contribute to the income of the province.
3. The average annual income shall include the income
accruing to the general fund, exclusive of special funds, trust
funds, transfers and non-recurring income.
Existing Sub-Provinces. - Existing sub-provinces are hereby
converted into regular provinces upon approval by a majority
of the votes cast in a plebiscite to be held in the said
subprovinces and the original provinces directly affected. The
plebiscite shall be conducted by the COMELEC simultaneously
with the national elections following the effectivity of this
Code.
The new legislative districts created as a result of such
conversion shall continue to be represented in Congress by
the duly-elected representatives of the original districts out of
which said new provinces or districts were created until their
own representatives shall have been elected in the next
regular congressional elections and qualified.
The incumbent elected officials of the said subprovinces
converted into regular provinces shall continue to hold office
until June 30, 1992. Any vacancy occurring in the offices
occupied by said incumbent elected officials, or resulting
from expiration of their terms of office in case of a negative
vote in the plebiscite results, shall be filled by appointment by
the President. The appointees shall hold office until their
successors shall have been elected in the regular local
elections following the plebiscite mentioned herein and
qualified. After effectivity of such conversion, the President
shall fill up the position of governor of the newly-created
province through appointment if none has yet been
appointed to the same as hereinbefore provided, and shall
also appoint a vice-governor and the other members of the
sangguniang panlalawigan, all of whom shall likewise hold
office until their successors shall have been elected in the
next regular local elections and qualified.
All qualified appointive officials and employees in the career
service of the said subprovinces at the time of their
conversion into regular provinces shall continue in office in
accordance with civil service law, rules and regulations.
Settlement of Boundary Disputes
Jurisdictional Responsibility for Settlement of Boundary
Dispute. - Boundary disputes between and among local
government units shall, as much as possible, be settled
amicably. To this end:
1. Boundary disputes involving two (2) or more barangays in
the same city or municipality shall be referred for settlement
to the sangguniang panlungsod or sangguniang bayan
concerned.
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2. Boundary disputes involving two (2) or more municipalities
within the same province shall be referred for settlement to
the sangguniang panlalawigan concerned.
3. Boundary disputes involving municipalities or component
cities of different provinces shall be jointly referred for
settlement to the sanggunians of the province concerned.
4. Boundary disputes involving a component city or
municipality on the one hand and a highly urbanized city on
the other, or two (2) or more highly urbanized cities, shall be
jointly referred for settlement to the respective sanggunians
of the parties.
5. In the event the sanggunian fails to effect an amicable
settlement within sixty (60) days from the date the dispute
was referred thereto, it shall issue a certification to that
effect. Thereafter, the dispute shall be formally tried by the
sanggunian concerned which shall decide the issue within
sixty (60) days from the date of the certification referred to
above.
Appeal. - Within the time and manner prescribed by the
Rules of Court, any party may elevate the decision of the
sanggunian concerned to the proper Regional Trial Court
having jurisdiction over the area in dispute. The Regional Trial
Court shall decide the appeal within one (1) year from the
filing thereof. Pending final resolution of the disputed area
prior to the dispute shall be maintained and continued for all
legal purposes.
Local Initiative Defined. - Local initiative is the legal process
whereby the registered voters of a local government unit may
directly propose, enact, or amend any ordinance.
Who May Exercise. the power of local initiative and
referendum- May be exercised by all registered voters of the
provinces, cities, municipalities, and barangays.
Procedure in Local Initiative
1. Not less than one thousand (1,000) registered voters in
case of provinces and cities, one hundred (100) in case of
municipalities, and fifty (50) in case of barangays, may file a
petition with the sanggunian concerned proposing the
adoption, enactment, repeal, or amendment of an ordinance.
2. If no favorable action thereon is taken by the sanggunian
concerned within thirty (30) days from its presentation, the
proponents, through their duly authorized and registered
representatives, may invoke their power of initiative, giving
notice thereof to the sanggunian concerned.
3. The proposition shall be numbered serially starting from
Roman numeral I. The COMELEC or its designated
representative shall extend assistance in the formulation of
the proposition.
4. Two (2) or more propositions may be submitted in an
initiative.
5. Proponents shall have ninety (90) days in case of provinces
and cities, sixty (60) days in case of municipalities, and thirty
(30) days in case of barangays, from notice mentioned in
subsection (b) hereof to collect the required number of
signatures.
6. The petition shall be signed before the election registrar. or
his designated representatives, in the presence of a
representative of the proponent, and a representative of the
sanggunian concerned in a public place in the local
government unit, as the case may be. Stations for collecting
signatures may be established in as many places as may be
warranted.
7. Upon the lapse of the period herein provided, the
COMELEC, through its office in the local government unit
concerned, shall certify as to whether or not the required
number of signatures has been obtained. Failure to obtain
the required number defeats the proposition.
8. If the required number of signatures is obtained, the
COMELEC shall then set a date for the initiative during which
the proposition shall be submitted to the registered voters in
the local government unit concerned for their approval within
sixty (60) days from the date of certification by the COMELEC,
as provided in subsection (g) hereof, in case of provinces and
cities, forty-five (45) days in case of municipalities, and thirty
(30) days in case of barangays. The initiative shall then be
held on the date set, after which the results thereof shall be
certified and proclaimed by the COMELEC.
Effectivity of Local Propositions. - If the proposition is
approved by a majority of the votes cast, it shall take effect
fifteen (15) days after certification by the COMELEC as if
affirmative action thereon had been made by the sanggunian
and local chief executive concerned. If it fails to obtain said
number of votes, the proposition is considered defeated.
Limitations on Local Initiative
1. The power of local initiative shall not be exercised more
than once a year.
2. Initiative shall extend only to subjects or matters which are
within the legal powers of the sanggunian to enact.
3. 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
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cancelled. However, those against such action may, if they so
desire, apply for initiative in the manner herein provided.

Limitations upon Sanggunians. - Any proposition or

ordinance approved through the system of initiative and
referendum as herein provided shall not be repealed,
modified or amended by the sanggunian concerned within six
(6) months from the date of the approval thereof, and may be
amended, modified or repealed by the sanggunian within
three (3) years thereafter by a vote of three-fourths (3/4) of
all its members: Provided, That in case of barangays, the
period shall be eighteen (18) months after the approval
thereof.

Local Referendum Defined. - Local referendum is the legal

process whereby the registered voters of the local
government units may approve, amend or reject any
ordinance enacted by the sanggunian.

The local referendum shall be held under the control and

direction of the COMELEC within sixty (60) days in case of
provinces and cities, forty-five (45) days in case of
municipalities and thirty (30) days in case of barangays.

The COMELEC shall certify and proclaim the results of the said
referendum.

Authority of Courts. - Nothing in this Chapter shall prevent or

preclude the proper courts from declaring null and void any
proposition approved pursuant to this Chapter for violation of
the Constitution or want of capacity of the sanggunian
concerned to enact the said measure.

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PART 6: PUBLIC INTERNATIONAL LAW
Private international law vs Public international law
Private international law
1. It deals with private individuals.
2. It is really municipal or national in character because each
state has its own conflict rules.
3. Relief or reliefs prayed for may be obtained from municipal
tribunals.
Public international law
1. It governs the realtion of sovereign states and other
entities with an international personality.
2. They are generally accepted principles of public
international law, giving to the subject an international
nature.
3. Sanctions may be in the form of peaceful remedies. In
extreme measures may be employed like war and reprisal.
Basis or foundation of Public International Law
In actual practice, common consent and natural moral law are
determinative factors in interstate relationship. This is
founded on the reason that common consent necessarily
commands the faithful compliance of commitments made, or
arrived at, in the course of a common agreement.
3 Schools of thought
1. Natural School of thought- It claims that the basis is the
natural common law, which in turn, is based on the rule of
human conduct implanted by the creator in the very nature
of man in his conscience to do what is right and to avoid what
is evil.
2. Positivist School of thought- According to this, the basis is
the common consent of states.
3. Eclectic School of thought- Holds the view that Public
International Law is premised both on natural moral law and
on common consent.
States observe PIL because:
1. They believe in the reasonableness of the law of nations.
2. They fear reprisal from the other states.
3. They fear being unconventional.
Relationship of PIL and Municipal law in general- Although
international in character, PIL could be considered as part of
municipal law of a state based on the Doctrine of
Incorporation in political law.
Doctrine of Incorporation- Under this doctrine, a state is, by
reason of its membership in the family of nations, bound by
the generally accepted principles of international law, the
same being considered as part of its own laws.
In consonance with this doctrine, The Philippines is bound by
any resolution which is duly approved by the UN General
Assembly, or by any treaty, commitment, or agreement
reached in an international convention, especially when the
Philippines is a party or a signatory to the said agreement or
treaty. But even if it is not a signatory, the Philippines is
bound by the Hague Convention because it embodied the
generally accepted principles of international law binding
upon all states.
PIL vs Municipal Law
PIL
1. It is more difficult to enforce because it is enforced by the
collective wills of equals (sovereign states)
2. The principal sanctions are reprisals and war.
3. The international order is relatively decentralized.
4. Collective responsibility is the rule for failures or omissions.
Municipal Law
1. Obedience to municipal law is easier to enforce because
the citizens recognize the superiority of their government and
its duly constituted authorities.
2. Law is enforced through criminal punishment or execution
of judgment.
3. It is relatively a centralized coercive order because there is
one central authority that generally legislates for everybody
within the state.
4. Individual responsibility generally prevails.
Monistic view- Both laws depend on each other and both are
ultimately directed to the same individual because a state is
composed of individuals. While ostensibly, PIL deals with
foreign affairs and national laws concerns itself with domestic
affairs, every so-called domestic affair of a state can be made
the subject matter of an international agreement. Hence, it is
transformed into a foreign affair.
Dualistic or Pluralistic View- PIL is completely distinct from
municipal law and international law and national law are
mutually independent of each other and because the subject
matter of PIL is foreign affairs and the subject matter of
municipal law is domestic affairs. Besides, PIL is created by
the cooperation of two or more states whil national law is
created by the acts of one state and even by actuations which
are not officially acts of states.
Conflict between a treaty and a municipal constitution-
From the point of view of the state itself, our constitution
provides that a treaty may be declared unconstitutional by
the courts. From this point of view, the municipal law
prevails.
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Agustin vs Edu
1. The government of the Philippines ratified the 1968 Vienna
Convention on Road Signs and Signals, hence, the LOI was
issued precisely to be able to fulfil its obligation to install
safety signs and devices and to carry out the
recommendation of the said convention. The said LOI is
therefore valid.
2. The said letter of instruction is valid exercise of police
power. It is a measure designed to insure safety and to avoid
traffic accidents.
International law may become municipal law under the
following:
1. Incorporation
2. Transformation
Transformation- International law may be transformed into a
domestic law by and through a local legislation.
Pharmaceutical and Health Care Association of the
Philippines vs Duque III- The WHA resolution adopting the
ICMBS and subsequent WHA resolutions urging member
states to implement the ICMBS are merely recommendatory
and legally non-binding. Provisions of the WHA resolutions
cannot be considered as part of the law of the land that can
be implemented by executive agencies without the need of a
law enacted by the legislature.
Soft law- Are expressions of non-binding norms, principles,
and practices that influence state behaviour. For it to be
binding, the same must be established as a customary rule.
Purpose of International Law- PIL strives to regulate the
actuation of states insofar as they affect the international
scene and in some instances, international law allows a state
to legally perform acts within the territory of another state.
Recognition of a state- Is the act of acknowledging the
existence of state, a government or belligerency. It is a
political act which is exercised by the political department of
a state. It is therefore discretionary on the part of the state
whether it desires to recognize another state.
Theories on recognition
1. Majority view/Declarative View- Holds that recognition
merely affirms an existing act. It depends on the recognizing
state if it will affirm or not that such state is being recognized
has indeed all the essential elements of the state.
2. Minority View/Constitutive View- Which holds that
recognition is compulsory and legal. This means that the
recognizing state may be compelled to extend recognition if
the elements of a state are established.
3. Stinson Doctrine- No recognition shall be extended to a
government established through external aggression.
4. Tobar/Wilson Doctrine- Recognition of government which
is established by revolutionary means shall not be extended
until the said government shall have established a
constitutional reorganization and shall freely elected its
representatives.
5. Estrada Doctrine- A recognizing state will not issue a
declaration giving recognition to another government which
is established through a political upheaval. Instead, it will
merely accept whatever government has effective control
without making a judgment on whether the government that
is recognized is legitimate or not.
Effect of recognition- The government will enjoy the support
and popular consent or approval of the people and it must
show willingness and ability to discharge its internaqtional
obligations.
Different kinds of recognition
1. Express recognition
2. Implied recognition
3. De facto recognition- Does not bring full diplomatic
intercourse. It is generally provisional and it is extended on
the belief of the recognizing state that some of the
requirements for recognition are absent. It does not gove title
to assets of the state held or situated abroad.
4. De jure recognition- Brings about full diplomatic
intercourse and observance of diplomatic immunities and
confers title to assets abroad.
De jure government- Is an organized government of a state
which has the general support of its people.
De facto government- Is characterized by the fact that it is
not founded upon the existing constitutional law of the state.
Kinds of de facto government
1. That government which gets possession and control of, or
usurps, by force or by the voice of the majority, the rightful
legal government and maintains itself against the will of the
latter.
2. That which is established and maintained by military forces
who invade and occupy a territory of the enemy in the course
of war, and which is denominated as a government of
paramount force.
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3. That established as an independent government by the
inhabitants of a country who rise in insurrection against the
parent state.
Characteristics of a De Facto Government:
1. Its existence is maintained by active military power within
the territories and against the rightful authority of an
established and lawful government.
2. While it exists, it must necessarily be obeyed in civil
matters by private citizens who, by acts of obedience
rendered in submission to such force do not become
responsible, as wrongdoers, for those acts, though not
warranted by the laws of the rightful government.
3. Actual governments of this sort are established over
districts differing greatly in extent and conditions. They are
usually administered by military authority, but they may be
administered also by civil authority, supported more or less
directly by military force.
Succession of state vs Succession of government
A. Succession of state
1. Political laws are abrogated while municipal laws remain in
force.
2. Treaties are discontinued except those dealing with local
rights and duties.
3. All rights of the predecessor state are inherited, but the
successor state has the discretion to assume or reject
liabilities.
B. Succession of government
1. The state continues as the same international person
except that its lawful representative is changed.
2. All rights of the predecessor government are inherited by
the successor. If the new government is organized due to a
constitutional reform, which is duly ratified in a plebiscite, all
obligations of the predecessor are assumed.
3. However, if the new government is established through
violence, the new government may lawfully dishonour the
personal or political obligations of the predecessor, but not
those obligations of contracts entered into the ordinary
course of official business.
Subject of International law- Is an entity directly endowed
with rights as well as obligations in the international legal
order.
Example: In the exercise of its rights, the Philippines, as a
sovereign state, can enforce said right and may even sue in
the ICJ. On the other hand, the Philippine Republic may be
sued in the International Tribunal for its official functions.
Object of International law- The object is a person or thing
indirectly vested with rights and obligations in the
international order.
Example: A Filipino private citizen has rights which owe to be
respected by other states but if he has some grievances, he
has to course the same through the republic and its
diplomatic offices.
Subjects of international law
1. States
2. Colonies
3. Dependencies
4. Belligerent
Private individuals- The right of individuals as against the
states are now protected. In fact, in case of crimes against
humanity like genocide, victims are afforded the opportunity
to participate in the proceedings.
In cases where international law does not give an individual
direct rights and obligations on account of a treaty or general
principle, the individual, in such a case, may only be treated
as object of international law, and for which reason, such
individual does not have a standing to espouse a direct claim
in the international legal order.
Status of an individual under PIL
1. Under the traditional concept, an individual is considered
only as an object of international law, and as such, he can
only act through the instrumentality of his own state in
matters involving other states. The state of the individual,
and not the individual himself, that can be a proper party for
purposes of claiming damages.
2. Under the following:
a. Doctrine of incorporation- A state is, by reason of
its membership in the family of nations, bound by
the generally accepted principles of international
law.
b. Universal Declaration of Human Rights- Proclaims
the basic individual rights which all its nations are
called upon to uphold.
c. Several treaties directly confer rights upon
individuals and authorized them to bring lawsuits
against the state before national or international
tribunals for redress of the private interest violated.
d. Mass extermination of national, racial, or
religious groups are crimes under international law.
In fact, perpetrators of this crimes are subject to
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 punishment, whether it is a state or individuals who
committed the crime.
e. Pirates are directly and individually punishable for
their acts by whichever state has custody of them
f. The UN Charter recognizes fundamental human
rights as well as the dignity and work of a human
being.
Vatican City and the Holy See- it is a state because it
possesses the essential elements of a state.
1. 1000 people are residing therein by virtue of their office.
2. It has a definite territory.
3. There is a government- Pope as head of state.
4. There is independence- Under the Lateran treaty of
February 11, 1929 between Italy and the Holy See.
5. Vatican City has a sufficient degree of civilization.
6. It is recognized by almost all of the countries of the world.
Vatican City- Is concerned with material thins and occupies a
definite territory.
Roman Catholic Church- Is pre occupied with things of the
soul and spirit. Hence, it is tied to no limited territory.
Both are subjects of international law, and have some
international rights.
Doctrine of State Continuity- Under this doctrine, a state
does not lose its identity but remains one and the same
international person notwithstanding changes in the form of
government, in its headship, in its rank and title, in its
dynasty.
Acts of state doctrine- The foreign court chooses to uphold
and respect the foreign state’s act done within its territory on
the reasoning that if it will not do so, it woul imperil the
amicable relations between governments and vex the peace
of nations.
Sabatino Amendment- No court in the US should decline
because of the Act of State Doctrine seems to make a
determination on the validity of a confiscation of property by
a foreign state in violation of the principles of international
law, since the, the doctrine was abandoned by the courts.
First National City Bank vs Banco National De Cuba- The US
Supreme Court held that the doctrine should not be applied
where the executive branch expressly represents to the court
that the application of the doctrine would not advance the
interests of American Foreign Policy.
What is precluded by the Act of State Doctrine- Only
precludes the legality, validity, and propriety of acts and
investigations of foreign sovereigns in its own boundaries. It
does not preclude judicial resolutions of all commercial
consequence stemming from the occurrence of such public
acts.
Limitations to the application of the Act of State Doctrine
(Credit Suisse vs US, US 9th Circuit Court of Appeals District
No. 97-70193, 1997)
1. There is an official act of a sovereign performed within its
own territory which is deemed valid.
2. The relief sought or the defense interposed in the action
would require a court in the other foreign state where the
action is filed, based on such act of state to declare invalid the
foreign sovereign’s official act.
3. The doctrine covers only state action, not the action
between individuals.
Insurgent or rebels- Are regarded as organized groups who
are in the state or armed hostility towards an established
government on account of political reasons or purposes.
Rights of Insurgents or rebels
General rule: no rights
Exception: If the civil strife has reached a stage where the
sovereignty of the state over the insurgent community is
already threatened or jeopardized, certain insurgent rights
may be tacitly admitted.
Rules:
1. A foreign state shall refrain from interfering in the
hostilities involving the parent state and insurgent
community.
2. If the insurgents committed hostile acts against the foreign
state, it may punish them or turn them over to the parent
state.
3. If the acts committed are in the nature of piracy, they are
considered private in character, hence, no insurgent rights
arise.
4. If the existence of insurgent rights is admitted by the
foreign state, the parent state is till liable for the acts
committed by the insurgent community within the
jurisdiction of the said parent state.
5. If an insurgent community has been given insurgent rights,
it does not mean that the community has acquired the status
of a belligerent and neither is there an official recognition of
the insurgents as belligerent community.
Insurgents as belligerents- When the insurgency has reached
a serious proportion, the rebels, instead of being merely
considered insurgents may properly be called belligerents and
their community a belligerent community. Subject to the
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following conditions:
1. The hostilities must be of the character of war and carried
on in accordance with the laws of war.
2. The end must be political in character
3. The proportions of the revolt must be such as to render
the issue uncertain and to make its continuance for a
considerable time possible.
4. The conduct of the hostilities and general government of
the revolting community must be in the hands of the
responsible organization.
2. Supervisory- Such as receiving and considering annual and
special reports from the other organs of the UN.
3. Financial- Consideration and approval of the budget of the
organization, the apportionment of expenses, and etc.
4. Elective- Such as the election of the non-permanent
members of the Security Council.
5. Constituent- Such as the admission and amendment of the
Charter.
D. Session of the General Assembly

United Nations Its regular session is held once a year. It may hold special
The League of Nations was organized in 1919, five years after sessions called by the Secretary General at the request of the
the WWI. Its purpose is to achieve international peace and Security Council or a majority of the members.
encourage international cooperation. The United States was
not a member of the League of Nations. It was dissolved on Required vote on several questions:
April 19,1946 1. On important questions- peace, security, membership,
elections, trusteeship system, budget- 2/3 vote of all the
Creation of the United Nations after dissolution of the League members present and voting is required.
of Nations- Effect of the Second World War. 2. On the other questions, a simple majority is sufficient. To
classify if a question is important, the vote required is a
Purposes of the UN simple majority.
1. The attainment of international peace and security.
2. The development of friendly nations. Security Council- Is the key organ in the maintenance of
3. The achievement of international cooperation. international peace and security.
4. The use of the UN as the center for the harmonizing of
actions to attain these aims. A. Composition
1. 5 permanent members:
Principles of the UN  China
1. Sovereign equality  France
2. Good faith  Russia
3. Peaceful settlement of disputes  United Kingdom
4. Avoidance of threat or use of force  United States
5. Members to assist UN 2. 10 elective members
6. UN to ensure that non-members will act properly  5- African and Asian states
7. Non-intervention  2- Latin America
 2- Western Europe
Organs of the UN  1- Eastern Europe
1. General Assembly
2. Security Council B. Voting power- For elective members, no re-election is
3. Economic and Social Council allowed.
4. The Trusteeship Council
5. International Court of Justice C. Classification of functions- The Security is expected to
6. Secretariat function continuously and sessions may be called at any time,
thus, the representative of the member states should always
General Assembly be available.
A. Composition- All members of the organization, each of D. Required vote on several questions- Each member of the
which is entitled to send not more than 5 representatives and Security Council shall have one vote. But distinction is made
5 alternates. between permanent members and the non-permanent
members in the resolution of substantive questions.
B. Voting power- Each member only has one.
The Security Council may exert effort to settle the dispute but
C. Classification of functions: if this fails, it may resort to enforcement action like the use of
1. Deliberative- Initiating studies and making air, naval and land forces to restore the international peace
recommendations for the development of international law. or it may require the member states to put into effect the
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interruption of economic, transportation or communications
relation with Iran using as basis the provision of Art 33 in
relation to Arts 41 and 42 of the UN Charter.
The UN Charter requires the affirmative vote of 7 of the 11
members constituting the council, and said seven votes must
include the concurrent vote of all 5 permanent members of
the Council like US, Russia, China, Great Britain, and France.
This is needed for the Security Council to assume jurisdiction
and make the resolution as aforementioned.
Economic and Social Council
A. Composition- Composed of 54 members elected by the
General Assembly for a three-year term.
B. Functions
1. It shall exert efforts towards higher standards of living,
conditions of economic and social progress and development.
2. It shall exert efforts to solutions of international economic,
social and health and related problems.
3. It shall exert efforts for universal respect for and
observance of human rights and fundamental freedoms.
C. Voting power- decisions are reached by a simple majority.
The Trusteeship Council
A. Composition
1. Composed of members of the UN administering trust
territories.
2. It is composed of permanent members of the Security
Council not administering trust territories.
2. It is composed by as many other members elected by the
General Assembly as may be necessary to ensure that the
total number of members is equally divided between those
members of the UN which administer trust territories and
those which do not.
B. Voting Power
1. Each member of the council shall have one vote.
2. Decisions of the Trusteeship Council shall be made by a
majority of the members present and voting.
International Court of Justice
Function- It is the principal judicial organ of the UN.
Composition and qualification
1. The court shall be composed of a body of independent
judges, elected regardless of their nationality from among
persons of high moral character, who possess the
qualifications required in their respective countries, or are
jurisconsults of recognized competence in international law.
2. The court shall consist of 15 members, no two of who may
be nationals of the same state.
How are they elected?- They shall be elected by the General
Assembly and the Security Council from a list of persons
nominated by the national groups in the Permanent Court of
Arbitration.
Term of office- They are elected for 9 years and may be re-
elected, provided, however, that of the judges elected at the
first election, the term of 5 judges shall expire at the end of 3
years and the terms of 5 more judges shall expire at the end
of 6 years.
Court is permanently in session- The court shall remain
permanently in session except during the judicial vacations,
the dates and duration of which shall be fixed by the court.
Jurisdiction- The jurisdiction of the court comprises all cases,
which the parties refer to it, and all matters specifically
provided for in the Charter of the UN or in treaties and
conventions in force.
Basis of Court’s Jurisdiction- It is based on the consent of the
parties. Article 36 of the Statute of the ICJ provides; The state
parties to the present statute may at any time declare that
they recognize as compulsory ipso facto, and without special
agreement, in relation to any other state accepting the same
obligation, the jurisdiction of the court, disputes concerning:
1. The interpretation of a treaty.
2. Any question of international law
3. The existence of any fact which, if established,
could constitute a breach of an international
obligation.
4. The nature or extent of the reparation to be made
for the breach of an international obligation.
Seat of the ICJ- Peace Palace Hague, Netherlands
Dalveer Bhandari- Current Chief Justice of the ICJ
Official languages of the court- English and French
Ex aequo et bono- The case be submitted on the principle of
what is good and just. The ICJ may decide a case ex aequo et
bono that is according to the rules of equity.
Ex aequo et bono is a Latin phrase that is used as a legal term
of art. In the context of arbitration, it refers to the power of
arbitrators to dispense with consideration of the law but
consider solely what they consider to be fair and equitable in
the case at hand.
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Secretariat
Composition- Headed by a Secretary General who is chose by
the General Assembly upon recommendation of the Security
Council. He shall be the Chief Administrative officer of the
organization.
Functions:
1. The Secretary General is the highest representative of the
UN and is authorized to act in its behalf.
2. Acts as secretary in all meetings of the General Assembly,
the Security Council, the Economic and Social Council, and the
Trusteeship Council.
3. The Secretary General and his staff are international civil
servants, and they cannot receive instructions from any
government or source outside the UN.
4. The Secretary General enjoys the right of political initiative
and may bring to the attention of the UN Security Council any
matter which, in his opinion may threaten international peace
and security.
Antonio Guterres- Current Secretary General.
Members of the United Nations
1. Original members- Those who signed the UN Charter and
ratified it.
2. Subsequent members- Those subsequently admitted.
Qualifications for membership- Open to all peace-loving
states which accept the obligations under the Charter and are
able and willing to carry out their functions.
Admission of members- The decision of 2/3 of those present
and voting in the General Assembly upon the
recommendation of at least 9 members of the Security
Council, including all the permanent members of the Security
Council.
Suspension of members- The same vote is required to
suspend.
Expulsion of members- 2/3 vote of those present and voting
in the General Assembly upon recommendation of a qualified
majority of the Security Council on grounds of persistently
violating the principles of the Charter.
The UN Charter- Serves as the constitution that governs the
relations of international persons.
Amendment of the charter- 2/3 vote of the General
Assembly and ratified with their respective constitutional
processes by 2/3 of the members of the UN, including all the
permanent members of the Security Council.
A general conference called by a majority vote of the General
Assembly and any 9 members of the Security Council, may
propose amendments by 2/3 vote of the conference.
Effectivity of the amendment- It shall take effect when
ratified by 2/3 of the members of the UN including the
permanent members of the Security Council.
Fundamental Rights of States
1. Existence, integrity, self-preservation
2. Sovereignty and independence
3. Equality
4. Property and jurisdiction
5. Legation or diplomatic intercourse
Right to exist- A state exist because it possess the essential
elements of 1. People 2. Territory 3. Government 4.
Sovereignty. It is on this basis that it afcquires a personality in
the international order and arising from this personality are
corresponding rights and responsibilities. Its success and
ability to exercise its expected role in the world order
depends on its continued existence. In fact, to be able to
insure its survival, Article 5 of the UN Charter grants it the
Right of Individual or Collective Self-defense.
Self-defense- Is the right of the state to defend itself from an
external aggression. The necessity for self-defense is
determined by the party attacked and in the exercise of this
right, it has the right to repel force with force.
Requisites of valid self-defense
1. There is an armed attack.
2. The attack must be against a UN member.
3. The Security Council must not have acted yet.
Armed attack- The charter has no definition of this. Whether
or not an attack exists and who is responsible for the same
will be determined by the Security Council.
Collective Self-Defense- It is the collective right of the
members of a particular organization to defend themselves
from an aggression or attack which endangers their place and
safety.
NATO (North Atlantic Treaty Organization)- This is a treaty
signed in Washington on April 4, 1949, composed of nations
in the North Atlantic Area. Their agreement is that an armed
attack against one or more of them in Europe or in North
America is considered an attack against all of them.
SEATO (Southeast Asia Treaty Organization)- Also known as
the Manila Pact or the South East Asian Collective Defense
treaty of September 1954. An aggression against any of the
signatories will be considered as endangering their peace and
safety, in which case, they obligate themselves to meet the
common danger in accordance with their constitutional
processes.
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Rationale behind collective self-defense or alliances
1. There is strength in union and there is security in collective
strength.
2. To give members the feeling of safety through mutual
protection and outright combination of strength.
Nicaragua vs US- A state may not exercise the collective right
of self-defense without the explicit request for assistance
from the state or states on whose behalf the right is to be
exercised. This is the ruling of the ICJ when the US came to
the defense of El Salvador, Honduras, and Costa Rica. The
condition sine qua non required for the exercise of the right
of collective self-defense was not fulfilled.
Sovereignty- Is defined as the supreme power in a state by
which the state is governed. Or the supreme, absolute,
uncontrollable power by which any state is governed.
It is also defined as the union and exercise of all human
powers possessed in a state. It is a combination of all powers,
it is the power to do everything in a state without
accountability.
Sovereignty vs Independence- Is the supreme power of the
state by which that the state is governed. It has two aspects;
internal and external. In its internal aspect, sovereignty is the
power inherent in the people or vested in its ruler by the
constitution to govern the state. Such sovereignty does not,
in any degree, depend upon its recognition by other states. In
its external aspect, sovereignty consists in the independence
of one political society in respect to all other political
societies. The external sovereignty of state requires the
recognition by other states in order to render it perfect and
complete. The external manifestation is what is called
independence.
Sovereignty and independence of a state is not absolute, it is
subject to the limitations imposed by treaty stipulations or
those arising from membership from the UN.
Rights and benefits arising from state’s sovereignty and
independence
1. It determines its own form of government.
2. It manages its own government.
3. It can enter into treaties and conduct foreign relations.
4. It can determine its national policies regarding national
defense, natural resources, immigration, currency, etc.
5. It manages its own affairs free from control, dictation,
intervention of other states.
Erga Omnes obligation- Obligation of a state towards the
international community as a whole.
Remedies for breach of Erga Omnes obligations:
1. Cessation of the internationally wrongful act.
2. Performance of the obligations of reparation in the interest
of the state, entity, or individual which is especially affected
by the breach.
3. Restitution should be affected unless materially impossible.
Principle of Auto limitation- Any state, may, by its consent,
express or implied, submit to a restriction of its sovereign
rights. It may, if it chooses to, refrain from the exercise of
what otherwise is illimitable competence.
Different Kinds of Intervention
1. Internal Intervention- Is the interference by one state in
the purely domestic affairs of another state.
2. External Intervention- Is the interference by one state in
the foreign relations of another state.
3. Individual Intervention- Exists when only one state
interferes.
4. Collective Intervention- Exists when two or more states
interfere as a group.
5. Diplomatic Intervention/Intercession- Interference
through diplomatic channels.
6. Armed/Punitive Intervention- Intervention through the
use of armed force. It is unlawful under the UN Charter.
Right of Equality- It does not mean absolute equality. It
means legal equality or equality before the law, which means
that the rights of the state, regardless of its size, population,
power, degree of civilization, wealth, must be respected. And
if a state has obligations, it has to respect them and comply
them.
Weakness or limitation of sovereign equality- It is difficult, if
not absolutely impossible to enforce the said principle
because a permanent member has a veto power, and there
are permanent and temporary members in the council.
Par in parem non habet imperium- No state can claim
jurisdiction over another state.
3 domains of a state
1. Terrestrial
2. Fluvial or maritime
3. Aerial
Modes of acquiring territories
1. Discovery and occupation
2. Prescription
3. Cession
4. Conquest and subjugation
5. Accretion
Discovery and occupation- This is an old mode of acquiring
ownership when territories were not yet discovered and
occupied can be acquired by the discovering state under the
principle of terra nullius, it can be acquired under the
principle of discovery and occupation.
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Rights from discovery and effective occupation and
administration:
1. Actual or real title of the territory acquired by effective
possession and administration.
2. The continental shelf of the territory discovered and
effectively occupied should also belong to the acquiring state.
Continental shelf of a country- It is that part of the seabed
and subsoil of the submarine areas continuous to the coast
but outside the area of the maritime zone.
It is important because of the rich natural resources found
therein.
Kalayaan Islands
1. Subject to Philippine sovereignty because it was discovered
by a Filipino, Tomas Cloma who subsequently ceded these
rights to the Philippine government.
2. The Philippines exercised its jurisdiction over the islands.
3. The Philippines laid formal claims to the islands by virtue of
occupation.
4. The Philippines registered its claim with the UN Secretariat.
Cession- It is a mode of acquiring territory made either
voluntarily or involuntarily.
Conquest and subjugation- It is the acquisition of sovereignty
of a country by force of arms exercised by an independent
power, which reduces the vanquished to the submission of its
empire.
Physical conquest is not sufficient for the title to ripen to real
ownership, there must be annexation or subjugation.
Annexation or subjugation- It takes place if a formal cession is
made in the treaty of peace.
Conquest- Not a legitimate mode of acquiring territory under
the UN Charter. Art 2 (4) UN Charter- All members shall
refrain in their international relations from the threat to use
of force against the territorial integrity or political
independence of any state, or in other manner inconsistent
with purpose of the UN.
Accretion- It is a mode of acquiring property produced by or
which is attached or united to a thing already owned by a
person. In Roman Law, this is known as accesio which may
either be:
 Accesio Continua- Occuring as consequence of
forces external of the thing itself.
 Accesio Discreta- Occuring as a consequence of
forces inherent in the thing itself.
 Accesio Continua- May be natural or artificial.
Natural Accessio Continua
1. Alluvion- Gradual and imperceptible addition to the bank
of rivers.
2. Avulsion- Accretion which takes place when the current of
a riverm creek, or torrent segregates a known portion of land
from an estate on its bank and transfers it to another estate.
3. Insula Nata- An island formed in the sea. It is a property of
the first occupant but it belongs to no one before it was
occupied. If it is formed in a river, and it occupies the middle
of the river, it belongs to the owner of the nearer margin. If it
is nearer to one side than the other, it belongs to the person
who possess lands contiguous to the bank on that side.
4. Alveus Derelictus- Whenever there is a change in the
course of the river, the old riverbed belongs to those who
possess lands adjoining its banks in proportion to the extent
along the banks of their respective estates. The new river
becomes a public property.
Fluvial or maritime domain
1. Internal waters
2. Rivers
3. Bays and gulfs
4. Straits
5. Canals
6. Archipelagic Waters
Archipelagic Doctrine- The Philippine Archipelago is
considered as one integrated unit instead of being divided
into more than 7,000 islands. This assertion, together with
the application of the straight base line method, is what is
referred to as the Archipelagic Doctrine. By using this
method, the outermost points of our archipelago are
connected with straight baselines and all waters inside the
baselines are considered as internal waters.
Innocent Passage- It is the right of foreign vessels to pass
through territorial waters especially those connecting two
open seas provided:
1. That the passage is “innocent” which means that
there is no ulterior motive for the passage, and all
the regulations of the state concerned must have
been complied with.
2. That there is only passage which means that there
is merely a passing through, with no loading or
unloading of any person or goods.
Foreign vessels may be allowed innocent passage within the
archipelagic waters but the right to do so may be suspended
after publication in the interest of international security.
Territorial Sea- It is that portion of the sea adjacent tot the
coast of the state which is under its jurisdictional control.
Breadth and width of the territorial sea- 12 nautical miles
from the low water mark, or baselines.
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Open seas- That part of the sea which is not included in the
territorial sea or internal waters of any state.
Freedom of the Seas Principle- It means that no part of the
sea as such can be subjected to the sovereignty of any state.
It cannot therefore be incorporated into the territory of any
states through occupation.
It is the common highway of all, appropriated to the use of
all; and no one can arrogate to himself a superior or exclusive
prerogative there. Every ship sails there with an
unquestionable right or pursuing her own lawful business
without interruption. And whatever may be that business,
she is bound to pursue it in such a manner as not to violate
others.
The right to use the open seas may be regulated by treaty,
hence not absolute.
Freedom of navigation- It refers to the right to sail ships on
the high seas, subject only to international law and the laws
of the flag state.
Contiguous Zone- It is the zone extending up to 12 nautical
miles from the territorial sea. Although not technically a part
of the territory of any state, the coastal state may exercise
limited jurisdiction over the contiguous zone as a preventive
measure to insure that customs laws, immigration and
sanitary laws are properly and effectively executed.
Exclusive Economic Zone- It is the zone which extends up to
200 miles from the low water mark or the baselines as the
case may be. Ex: Scarborough Shoal
Continental shelf- It is the sea bed and the subsoil of the
submarine areas that extend beyond its territorial sea
throughout the natural prolongation of its land territory to
the outer edge of the continental margin or to a distance of
200 miles from the baselines from which the territorial sea as
measured where the outer edge of the continental margin
does not extend up to that distance.
Aerial Domain- Refers to the air space above the land and
waters.
1. Airspace above the territory of the state- They are
completely subject to the sovereignty of the state.
2. Free aerial navigation- Air, like the high and open seas, is
open to free navigation by all aircraft, domestic and foreign,
subject to the right of state to provide for the security of the
territory.
3. Two-Zone Territory- There is a lower zone of territorial air
space and higher unlimited zone of free air space.
4. Sovereignty is subject to easement- While the sovereignty
over the air space remains with the subjacent state, it is
subject to the easement of innocent passage for foreign
aircraft.
Present rules on international aviation
1. Regular Airline Services- Scheduled landings and
departures.
2. All other forms of international aviation:
1. Flights in transit are recognized without prior
permission.
2. Refueling stops is recognized without prior
permission
3. Right of cabotage- Right to transport goods and
persons between points in the same state.
.4. Aircraft may carry the nationality of the state of
registration.
Every state has complete and exclusive sovereignty over the
airspace above its territory. This shall not include outerspace.
No other states have the right of innocent passage over the
air territory of another state.
Outer space and all celestial bodies are res communes.
Right of Legation or diplomatic intercourse- This is the right
of a state to send envoys or establish diplomatic missions, or
the right to receive such envoys or missions. The first is
known as the ACTIVE right of legation and the second is
PASSIVE right of legation.
Agents of diplomatic intercourse
1. Head of state- He represents the sovereignty of the state.
a. The conduct of foreign relations is essentially an
executive function.
b. The president alone, cannot however, execute and
implement our foreign policies. The DFA represented
by the Secretary of Foreign Affairs executes our
foreign policies through the various diplomatic and
consular officials.
c. The head of state may conduct diplomatic
intercourse personally in the following instances:
1. When he attends a summit conference
2. When he visits foreign states officially
- He Is entitled to full diplomatic
honors and privileges.
- He he travels incognito, he cannot
claim diplomatic immunity unless
he decides to reveal and prove his
identity.
- In incognito visit with the
knowledge of the state, he receives
diplomatic privileges. However, to
preserve the “unofficial character”
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 of the mission he does not get
ceremonial honors.
2. Diplomatic Officers
A. Ambassadors- They are political, cultural,
economic, and social representatives of their
countries to a foreign state. Their offices are called
embassies.
B. Ministers plenipotentiary or envoys
extraordinary- They are ministers assigned to attend
a special function.
C. Ministers resident- They are political, cultural,
economic, and social representatives of their
countries to a foreign principal city. Their offices are
known as Legations.
D. Charges d’ affairs (in charge of affairs)- They are
those officially below the rank of the ministers
residents. They take over when the latter is absent.
In other words, they are temporarily in charge no
matter what their official rank or designation may
be.
Diplomatic Staff- They engage in diplomatic activities and
accorded diplomatic rank
Administrative and Technical Staff- Those employed in the
administrative and technical service of the mission.
Service Staff- Those engaged in the domestic service of the
mission.
Diplomatic Corps- All diplomatic envoys accredited to the
same state from a body known as a “Diplomatic Corps”. The
head of this body is usually the Papal Nuncio, if there is one,
or oldest ambassador. If there are no ambassadors, it is the
oldest minister plenipotentiary who is the head of the
diplomatic corps.
The receiving state has the right to refuse to receive as
envoy of another state one whom it considers as persona non
grata.
Agreation- It is an informal inquiry (enquiry) to find out the
acceptability of a proposed envoy and informal conformity
(agremen) of the receiving state to the appointment of the
said envoy.
Diplomatic faux pas- If an appointment is made without
agreation.
Papers that the envoy presents to the receiving state:
1. Letter of Credence (Letre de creance)- This states the
name of the representative, his rank, the character and
general object of this mission. It also contains a request for
favourable reception and full credence. It is sealed but the
ambassador has copies of the same.
2. diplomatic passport- This authorizes his travel and
describes both his person and his office.
3. Instructions- Special diplomatic agents receives a
document of general full powers (pleins pouvoirs) with
authority to negotiate on extraordinary or special business.
4. Cipher or code or secret key- For communication with his
country.
Functions and duties of a diplomatic mission
1. To promote friendly relations between the sending state
and the receiving state, and the development of their
economic, cultural, and scientific relations.
2. To observe and report to his country the developments in
the receiving state.
3. To protect the interests of the nationals of his country
within the limits allowed by international law.
4. To represent his country in the receiving state.
5. To negotiate with the government of the receiving state.
Waiver of immunities
1. If purely personal, the individual concerned may make the
waiver.
2. If the right is not personal, but official, the home
government must make the waiver in behalf of the chief of
mission.
3. In case of subordinates, the waiver of non-personal rights
is done either by the home government or by the chief of
mission himself.
Kinds of waiver
1. Express
2. Implied- Failure to assert immunity at the time of suit.
3. Presumed- When the envoy himself sues, he necessarily
should allow a counterclaim against himself if it should arise
from the same transaction and sometimes, even if the
countersuit comes from an unrelated claim.
Right of Asylum- Is the authority of the state to allow an alien
who has sought refuge from prosecution or persecution to
remain within the territory and under its protection.
2 Species of Asylum
1. Territorial Asylum- Refuge within the territory of the
sheltering state, the protection which a refugee obtain by
escaping to, or remaining upon, the territory of the state
other than the state that wants him, until protection is
terminated by extradition.
2. Extraterritorial Asylum- Asylum in what ae considered the
extensions of a state’s territory includes:
a. Asylum in foreign public ships
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 b. Diplomatic asylum- The protection afforded by
the state to a refugee by granting hi, an asylum in or
upon its diplomatic buildings within the territory of
the state that wants him.
Duration of immunities and privileges-The same are enjoyed
by the envoy from the moment he enters the territory of the
receiving state and shall cease when he leaves the country.
With respect to official act, however, immunity shall continue
indefinitely.
Immunities and privileges are available even in transit or
while travelling through a 3rd state on the way to or from the
receiving state.
Ambassadors- immunity from prosecution whether the
crime committed was done in his official or private capacity.
Consuls- Immunity from crimes committed on his official
function only.
Termination of diplomatic mission
1. Death
2. Resignation
3. Removal
4. Abolition of office.
5. Recall by the sending state.
6. Dismissal by the receiving state.
7. War between the receiving and sending state.
8. Extinction of the state.
Extradition- Is the removal of an accused from the requested
state (the Asylum state) with the object of placing him at the
disposal of foreign authorities to enable the requesting state
or government to hold hi, in connection with any criminal
investigation directed against him or the execution of a
penalty imposed on him under the penal or criminal law of
the requesting state or government.
Authority for extradition- May be implemented on the basis
of an extradition treaty between the parties, the party
requesting the same and the party being requested.
Persons subject to extradition- Those charged or convicted of
offenses which under the treaty are grounds for extradition.
Offenses subject to extradition- Those offenses defined and
listed in the extradition treaty.
A state may voluntarily extradite a criminal even without an
extradition treaty.
Difference between extradition and deportation
Extradition
1. The surrender by force of a wanted person by the
requested state to the requesting state.
2. May only be made pursuant to a treaty between the
requesting and requested.
3. It is for the benefit of the requesting state.
Deportation
1. The expulsion of an unwanted or undesirable alien.
2. It is an exercise of sovereignty and a decision made by a
state.
3. it is an order of a state acting on its own and according to
its laws, interests, and processes.
Consul- A consul is a commercial agent appointed by his
government to reside in a foreign city, and permitted by the
foreign state to do so in order that he may watch over the
commercial rights and privileges of his own country therein
and thus protect the rights of his country’s nationals.
Different Kinds of Consuls
A. As to character
1. Consules Misi (Consuls de Carriere)- Literally means
consuls of career. They are professional consuls hence, they
are not allowed to engage in any other profession or
business.
2. Consules Electi/Honorary or commercial consuls- They are
selected by the appointing government either from its own
citizens engaged in the business in the country in which they
will be allowed to exercise consular functions or from among
the nationals of the foreign state involved.
B. As to rank
1. Consul general- He heads several consular districts, or one
exceptionally large consular district.
2. Consul- He takes charge of a small district or town or port.
3. Vice-Consul- He assists the consul.
4. Consular agent- He is usually entrusted with the
performance of certain functions of the consul.
2 Important documents necessary before the assumption of
consular functions
1. Letter patent (lettre de provision)- This is the letter of
appointment or commission which is transmitted by the
sending state to the Secretary of Foreign Affairs of the
country in which the consul is to serve.
2. Exequator- This is the authorization given by the sovereign
of the receiving state to the consul, allowing him to exercise
his functions within the territory. The exequatur may be
granted conditionally, the grant may even be refused for any
or no reason, once granted, the exequatur may be unilaterally
withdrawn.
Functions of consular officers- Generally, the functions
pertain to commerce and navigation and other administrative
functions like issuing visas (permits to visit his country) as
distinguished from passports (permits to leave the country
and which are usually issued by the DFA). Under Art `10 of the
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Family Code, marriages between Filipino Citizens abroad may
be solemnized by a consul or vice-consul of the Republic of
the Philippines. The issuance of the marriage license and the
duties of the local civil registrar and of the solemnizing officer
with regard to the celebration of marriage shall be performed
by said consular official.
Immunities and privileges of consular officials
1. Unless given diplomatic functions, consuls are not generally
entitled to diplomatic immunity. They are, however, granted
some privileges and immunities which may be essential for
the proper performance of their consular duties such as those
granted under the 1963 Vienna Convention on Consular
Relations:
1. They are not allowed freedom of communication
in cipher or otherwise
2. Inviolability of archives but no of the premises
where legal processes may be served and arrests
may be made.
3. They are exempt from local jurisdiction for
offenses committed in the discharge of official
functions but not other offenses except minor
infractions.
4. They are exempt from testifying on official
communications or on matters pertaining to
consular functions.
5. They are exempt from taxes, customs duties,
military or jury service.
6. They may display their national flag and emblem
in the consulate.
Causes for termination of consular functions:
1. Death of the consular official.
2. Recall or dismissal of the consul.
3. Withdrawal of the Exequator.
4. Outbreak of war between the two states involved.
5. Expiration of the period of appointment.
6. Disruption of consular relations.
Jurisdiction of states- it is the power exercised by the state
over persons, property, transactions or events.
A state must give due consideration to the interests of the
international community as a whole and it should avoid
undue enroachments on the interests of the other members
of the community.
Basis of jurisdiction of states
1. Territorial principle
2. Nationality principle
3. Protective principle
4. Universality principle
5. Passive personality principle
Territorial principle- With respect to things, transactions, or
happenings within its territorial limits. And to the extent
which a state exercises jurisdiction over persons or acts done
outside its country, it is narrower and depends on the kind of
jurisdiction it seeks to invoke.
Nationality principle- This means that the state may punish
offenses committed by its nationals anywhere in the world. In
civil matters, the personal laws of many countries which have
adopted the continental legal system follow their nationals
wherever they are. Income tax laws also apply to persons on
the basis of nationality.
Protective Principle- States claim extraterritorial criminal
jurisdiction to punish crimes committed abroad which are
prejudicial to their national security or vital interests, even
when the offenses are perpetrated by non-nationals.
Universality Principle- A state also claims extraterritorial
jurisdiction over all crimes regardless of where they are
committed or who committed them, whether nationals or
non- nationals. Although this principle is generally considered
as forbidden in international law, it is recognized with respect
to crimes which threaten the international community as a
whole an which are considered criminal offenses in all
countries. The recognition however, does not extend with
respect to the enforcement of action which means, agents of
a state cannot effect arrest or make an apprehension in the
territory of another state without the latter’s consent.
Passive personality principle- The state exercises jurisdiction
over crimes against its own nationals even if committed
outside its territory.
Territorial Jurisdiction—The state has power and jurisdiction
over persons and things within its territory. Those who are
exempt from this power and jurisdiction are the following
1. Foreign states, heads of states, diplomatic
representatives, and consuls to a certain degree.
2. Foreign state property, including embassies,
consulates, and public vessel engaged in non-
commercial activities.
3. Acts of state
4. Foreign merchant vessels exercising the rights of
innocent passage or involuntary entry such as arrival
under stress.
5. Foreign armies passing through or stationed in tis
territory with its permission.
6. Such other persons or property, including
organizations like the UN, over which it may, by
agreement waive jurisdiction.
Personal jurisdiction- The state has power of jurisdiction over
its nationals which may be exercised by the state even if the
individual is outside the territory of the state.
Extraterritorial jurisdiction- The state has power and
jurisdiction beyond or outside its territory:
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 1. When it asserts its personal jurisdiction over its
nationals abroad, or the exercise of its rights to
punish certain offenses committed outside its
territory against its national interests even if the
offenders are non-resident aliens.
2. When the local state waives its jurisdiction over
persons and things within its territory such as when
a foreign army stationed therein remains under the
jurisdiction of the sending state.
3. When it establishes a colonial protectorate or a
condominium or administers a trust territory or
occupies enemy territory in the course of war.
4. When it enjoys easements or servitudes.
5. When it exercises jurisdiction over its vessels in
the high seas, or over pirates in hot pursuit
operation.
6. When it exercises limited jurisdiction over its
contiguous zone and patrimonial sea to prevent
infringement of its customs, fiscal, immigration, or
sanitary regulations.
7. When it exercises the principle of
extraterritoriality.
Exemptions from jurisdiction
1. Doctrine of Sovereign Immunity
2. Act of State Doctrine
3. Diplomatic Immunity
Doctrine of sovereign immunity- A state enjoys immunity
from the exercise of jurisdiction by another state. The courts
of one state may not assume jurisdiction over another state.
Restrictive sovereign immunity - It is only granted to acta
jure imperii (government act) and not to acta jure gestionis
(commercial act).
Diplomatic immunities and privileges accorded by
traditional usage:
1. Personal dignity and inviolability of diplomatic envoy.
2. Inviolability of official residence, archives, and letters.
3. Freedom to communicate on official matters with the
home state and with the envoy’s nationals.
4. Exemption from local criminal and civil jurisdiction for
official and private acts.
5. Exemption from taxation and customs duties.
6. Exemption from being subpoenaed as a witness or from
being forced to give testimony through a deposition.
7. Right to display the national flags and coat of arms in the
proper buildings.
8. Freedom of movement within the territory.
9. Right of transit through third states.
10. Freedom of religion
11. Right to exercise jurisdiction within his residential and
official domicile.
12. Right to precedence and to certain ceremonial honors,
according to rank.
13. Right to grant asylum.
Exemption of properties from garnishment, seizure, and
execution exceptions:
1. In an action relating to his professional or commercial
activity in the receiving state outside his official functions.
2. In an action relating to succession in which the diplomatic
agent is involved as executor, administrator, heir, legacy as a
private persona and not on behalf of the sending state.
3. In any real action relating to private and movable property
situated in the territory of the receiving state, unless the
envoy hold it on behalf of the sending state for the purpose
of the mission.
These immunities and privileges are not extended to the
following:
1. Domestic servants of the ambassador or minister whose
names are not registered with the DFA.
2. To citizens or inhabitants of the Philippines, if the process is
founded upon a death contracted before its employment in
the diplomatic service.
Children born to the envoy while he possesses diplomatic
status , said children are regarded as born in the territory of
his home state.
Exemption from taxes and customs duties except taxes
which are:
1. Indirect taxes normally incorporated in the price of goods
or services.
2. Dues and taxes on private immovable property situated in
the territory of the receiving state, unless, he holds it on
behalf of the sending state for purpose of the mission.
3. Estate, succession, or inheritance taxes levied by the
receiving state.
4. Dues and taxes on private income having its source in the
receiving state and capital taxes on investments in
commercial ventures in the receiving state.
5. Charges levied for specific services rendered.
6. Registration, court or record fees, mortgage dues and
stamp duty with respect to immovable property (Vienna
Convention).
Diplomatic negotiations are protected by executive privilege-
PMPP vs Manglapus, Akbayan vs Thomas Aquino
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Treaty- It is an international agreement embodied in a single,
formal instrument entered into by and between signatory
states or international organizations of states, intended to
create rights and obligations, or to establish relationships,
governed by international law.
Kinds of treaties:
1. Pact- This is a special treaty usually entered into for
sentimental reasons.
2. Convention- This is an informal treaty which deals with
specific subjects.
3. Agreement, arrangements, accord- This is an agreement to
administrative or technical matters.
4. Concordats- Agreements enteresd into by the Pope with
various heads of states.
5. Declarations- These are formal reciprocal agreements
which may deal with:
 The rights and privileges of the nationals of a state or
 The principles in accordance with which states
propose to act.
 Grounds for mutual action on part of states.
 2 Special Kinds of Declarations
o Reversales- Declarations that an error in
etiquette or in the draftmanship of a treaty
should not be considered as a precedent.
o Lettres Reversales- Declarations that an
alteration in ceremonial practices is being
made only as an exception to the general
rule.
6. Protocol- This may refer either to a supplemental treaty or
to an amendment to a treaty.
Executive agreement- Within the context of municipal law, it
may not be considered a treaty. However, it is equally binding
as a treaty from the standpoint of international law.
Distinction between treaty and international agreement
Treaty- Is concluded by the president with the advice and
consent of the state. No treaty or international agreement
shall be valid and effective unless concurred in by at least 2/3
of all the members of the Senate.
Executive agreement- Is concluded by the president based on
authority granted by congress or based on the inherent
authority granted the president by the constitution.
Validity of a treaty may be reviewed by the courts of justice.
Treaties to which the Philippines is a party
1. RP-US Treaty of General Relation 1946.
2. UN Charter 1945
3. Genocide Convention 1950
4. RP-US Mutual Defense Treaty 1951
5. Treaty of Peace with Japan 1951
6. SEATO 1954
7. Convention on the Law of the Sea 1982
8. RP-US Extradition Treaty 1994
Jus Cogens Restriction- A treaty is void if, at the time of its
conclusion it conflicts with a peremptory norm of general
international law.
UN charter Restriction- In case of conflict between the
obligations of the members of the UN under the UN Charter
and their obligations under any other international
agreement, their obligations under the UN Charter shall
prevail.
Jus Cogens norm- It is a norm recognized and accepted by the
international community of states as a whole as a norm which
no derogation is permitted and which can be modified only
be a subsequent norm of general international law having the
same character.
3 Groups of Jus Cogens
1. First group- This group covers the maxims of international
law which protect First Group the foundations of law, peace,
and humanity in the international order and which at present
are considered by nations as the minimum standard for their
mutual relation.
2. Second Group- This group covers the rules of peaceful
cooperation in sphere of international law which protects
fundamental common interests.
3. Third Group- This covers the protection of humanity,
especially the most essential human rights.
Jus Dispositivum- Refers to norms of ordinary customary
international law which are derived from the consent of the
states and therefore only bind states which consent thereto.
Jus Cogens- They are duties which every state owes to the
international community as a whole as a norm from which no
derogation is permitted and which can be modified only be a
subsequent norm of general international law having the
same character.
Classifications of treaties
A. From the viewpoint of Parties
1. Bipartite
2. Tripartite
3. Multipartite
B. from the viewpoint of who should shoulder the obligation
1. Unilateral
2. Bilateral
3. Trilateral
4. Multilateral
C. From the viewpoint of presence of absence of conditions
1. Conditional
2. Unconditional
Essential requisites for a valid treaty
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1. Capacity- Means that the parties which could either be a
sovereign state or an international organization must have
capacity to contract.
2. Authority- Which means that the agents must be duly
authorized and competent to act on behalf of the states
represented.
3. Consent- Which means that the parties must freely give
their consent.
4. Conformity- Which means that the object and subject
matter must be in conformity with the principles of
international law.
5. Ratification- Which means that the treaty must be properly
ratified by the various states concerned in accordance with
their constitutional processes.
Steps in treaty making
1. Diplomatic negotiation
2. Signing of treaty by the representatives
3. Ratification of the treaty by the constitutional organs of the
respective states.
Accession- A non-signatory state may be bound by a
treaty through a process known as accession. Upon
permission of the contracting parties, a third party
who did not participate or who did not ratify on time
may be bound by a treaty.
Reservation-A state which signs, accedes, or ratify a
treaty may make a reservation to exclude or modify
the legal effect of certain provisions of treaty. The
state remains a party to the treaty despite its
reservation provided that it is compatible with the
object and purpose of the treaty.
4. Exchange of the ratification instruments or deposit with
the government of one of the contracting parties or with an
organ of an international organization.
5. Registration with and publication by the secretariat of the
UN.
When does a treaty becomes effective? - On the date agreed
upon by the negotiating parties. If there is none, it becomes
effective as soon as the consent of all the parties to be bound
by the treaty is established.
One who produces appropriate plein pouvoir is considered
as a representative of a state for such purpose.
When a representative be considered as representing the
state if he has no full powers or plein pouvoir:
1. Heads of state, heads of government and ministers for
foreign affairs, for the purpose of performing all the acts
relating to the conclusion of a treaty.
2. Heads of diplomatic missions for the purposes of the text
of a treaty between the accrediting state and the state to
which they are accredited.
3. Representatives accredited by the states to an
international conference or to an international organization
or one of its organs, for the purposes of adopting the text of a
treaty in that conference, organization or organ.
Alternat- It is a principle whereby a state’s own name will be
listed ahead of the other signatory, or signatories, in its own
official copy of the treaty. It is a practice devised to handle
sensitivities over precedence and to maintain the principle of
equality between the contracting parties.
Accession to treaties- Accession is a process whereby a non-
signatory state later becomes a party to a treaty:
2 kinds of accession
1. A non-signatory becomes a party in all its provision in
which case the process is termed accession power.
2. A non-signatory becomes a party in some of the provisions
in which case the process is called either adhesion or
adherence.
A state which is not a party to a treaty may become bound
by said treaty through:
1. Accession
2. Most favoured nation clause
Most favoured nation clause- A clause which provides that a
state pledges to give to the other signatory whatever
privileges or concessions the first state may give the third
state.
Pacta Sunt Servanda- Treaties must be observed in good
faith. If a treaty is contrary to a signatory’s national
constitution, the international legal order demands faithful
compliance with the treaty to avoid international
embarrassment. If necessary, the state concerned must even
modify its national legislation and constitution to make it
conform to the treaty.
Rebus sic stantibus- A state may unilaterally withdraw from a
treaty when there is a vital change in the circumstances. The
reason for this is because if the change in the circumstances
affects a signatory state, and to comply with the treaty
provisions would seriously jeopardize its own existence, a
withdrawal is allowed because its fundamental right to exist
is stronger than its duty to comply with the treaty.
Requisites to validly invoke rebus sic stantibus
1. There is a vital change of circumstances.
2. That said change and circumstances so affect a signatory
state that for it to continue to comply with the treaty
provisions would seriously jeopardize its own existence.
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3. The change must have been unforeseen or unforeseeable
at the time the treaty was perfected.
4. The change must not have been caused by the party who is
invoking the doctrine.
5. The doctrine must be invoked at a reasonable time.
6. The duration of the treaty must be indefinite.
7. The doctrine cannot operate retroactively.
Interpretation of treaties- Rules in the interpretation of
contracts are followed in the interpretation of treaties.
Interpretations made by the national courts of the state
cannot bind the other that made by an international tribunal
ought to have conclusive effect.
Revision of treaties- Art 14, UN Charter, The General
assembly may recommend measures for the peaceful
adjustment of any situation, regardless of origin which it
deems likely to impair the general welfare or friendly
relations among nations, including situations resulting from a
violation of the provisions of the present charter setting forth
the purposes and principles of the UN.
Causes for termination of treaties
1. Expiration
a. Fulfilment of a resolutory condition.
b. Period of duration has come to an end.
c. Purpose has been achieved.
d. Its objective has become an impossible thing to
accomplish.
2. Dissolution
a. Because a party to a bipartite treaty has become
extinct.
b. Mutual withdrawal or cancellation.
c. Unilateral denunciation only if such right is given
in the treaty.
d. Unilateral act of termination because of violation
of the other of the terms of the treaty.
e. Rebus sic stantibus
f. Subsequent change in status of one of the parties.
g. War
h. Conclusion of a subsequent inconsistent treaty.
3. Annulment or nullification
a. One of the signatories was at the time of the
perfection of the treaty was incapacitated.
b. Error or fraud vitiated the consent.
c. Object of the treaty is contrary to the principles of
international law.
d. Subject matter of the treaty is outside the
commerce of nations.
War
1. As a contest of arms- Using war as this basis, war is a
contention between two or more states through their armed
forces, for the purpose of overpowering each other and
imposing conditions of peace as the other pleases.
2. War as a state or condition of things- War is not the mere
employment of force but the existence of the legal condition
of things in which rights are or may be prosecuted by force.
3. Concept of war in the international sense- War is
sustained struggle by armed forces of a certain intensity
between groups of certain size, consisting of individuals who
are armed, who wear destructive insignia and who are
subjected to military discipline under responsible command.
4. From the point of view of municipal law- A state of war
may exist even when there is no war in the international
sense.
Commencement of war
1. By an act of belligerent force without a previous
declaration of war.
2. A declaration of war which must be communicated.
Effects of war
1. Disruption of diplomatic, consular and other non-hostile
relations between two countries.
2. Commercial intercourse between citizens of the
belligerents is prohibited with some exceptions.
3. Enemy corporations are not allowed to continue their
operations.
4. Enemy persons are usually allowed to leave. If they decide
to remain, they may be interned and be provide by food,
clothing, shelter, medical assistance, religious facilities, and
be allowed to communicate with foreign states. This may
however be restricted (1949 Geneva Convention)
5. Enemy property on land may be confiscated if owned by
the government.
6. Requisitioned if owned by private persons.
7. Enemy private property on the sea may be confiscated.
8. The same is true with respect to enemy merchant ships.
Participants in a war
1. The non-combatants
2. The combatants
a. Non-privileged combatants- ex: spies. When
caught, they do not get the privilege of being
considered as prisoners of war.
b. Privileged combatants- if captured, they are not
supposed to become prisoners of war
3. Privileged Combatants
a. Under a responsible commander
b. They wear a fixed, distinctive emblem,
recognizable at a distance.
c. They carry their arms openly
d. They conduct their operations according to
customs of war and on land.
Right of Prisoners of war
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1. They must be treated humanely, shall not be subjected to
physical or mental torture, shall be allowed to communicate
with their families, and may receive food, clothing,
educational and religious articles.
2. They may not be forced to reveal military data except the
name, rank, serial number, army, and regimental number,
date of birth, they may not be compelled to work for military
services.
3. all their personal belongings except arms, horses and
military papers, remain their property. They are entitled in
certain cases to be compensated for work done.
4. They may be interned in a town, fortress, camp, or any
other locality so long as it is healthful and hygienic, they are
bound not to go beyond certain limits.
5. After the conclusion of peace, their speedy repatriation
must be accomplished as soon as practicable.
Necessity of the rules on warfare:
1. The protagonists should not be left free to do as they
please, unfettered by any rules regulating their conduct.
2. Rules of war have been made to temper the suffering and
destruction that are the inevitable concomitants of war
regardless of its legality or illegality.
3. The laws of war are not applicable to war alone in its
technical sense, but to all armed conflicts.
4. The UN has stressed the need to apply basic humanitarian
principles in all armed conflicts, and has called upon all
parties to armed conflicts to observe international
humanitarian rules.
Rules of warfare:
A. Prohibitions
1. To kill with treachery
2. To pillage a town or place even when taken by assault.
3. To employ poison or poisonous arms.
4. To loot
5. To bomb undefended places.
6. To plant anchored mines.
7. To bomb undefended or open cities.
8. To deliberately bomb civilians
9. To kill hostages.
B. Sanctions
1. Reprisals
2. Punishment of war crimes
3. Protest lodged with neutral powers
4. Compensation
Causes for termination of wars
1. Cessation of hostilities without conclusion of a formal
treaty of peace.
2. Treaty of Peace- The decisive victory of one of the
belligerents leads it to impose its will upon the other.
3. Unilateral declaration- Defeat or unconditional surrender.
Status Quo Anti Vellum- Each of the belligerents is entitled to
the territory and property which it has possession of at the
commencement of the war.
Doctrine of Postliminium- The territory, individuals, and
property that have come to the possession or authority of the
enemy reverts to the possession and authority of the original
or legitimate sovereign. This also means that when a territory
has been occupied by the enemy comes again into the power
of the state during the progress of war through conquest or
otherwise, the legal state of the things existing prior to the
hostile occupation is re-established.
Specific effects of war
A. Diplomatic relations
1. The respective diplomatic envoys are allowed to leave for
their home countries.
2. The official residence of the envoy as well as the archives
of the mission, if left behind, is usually placed under the
protection of another foreign envoy.
B. Enemy persons
1. Enemy persons who are within the territory of a belligerent
at the time of the outbreak of hostilities may be detained or
allowed a reasonable time within which to leave the country.
2. Those who choose to stay or are prevented from leaving,
conditions or restrictions may be imposed on their continued
residence in the country.
C. Enemy property
1. Goods belonging to enemy persons are considered as
enemy property.
2. Goods found on board an enemy vessel are presumed to
be enemy property unless the contrary is established by the
natural owners.
3. Vessels sailing under enemy flag bear enemy character,
regardless of the nationality or domicile of its owner.
4. Vessels sailing under the neutral flag, while ordinarily
regarded as neutral in character may under certain
circumstances be considered to bear enemy character.
D. Trading and intercourse
1. The practice of belligerents in modern wars is to forbid by
legislation all intercourse with alien enemies, except those
permitted under license. The main object is to prohibit
transactions which would benefit the enemy or enemy
persons.
E. Contracts
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1. The rules of municipal law, rather than international law
governs.
2. In general, the states treat as void contracts which may
give to the enemy or add to his resources.
F. Treaties
1. Treaties concerning political matters are deemed
abrogated by the outbreak of war between the parties
thereto.
2. Executed treaties- Are not affected by war.
3. A treaty which regulates the conduct of the parties in times
of war is clearly intended to become operative when war
breaks out between them.
Only military targets are subject to attack. Civilian objectives
are immune from attack.
Places and objectives not subject to attack
1. Neutralized areas or zones
2. Open towns and cities
3. Cultural property and places of worship
4. Civilian defense personnel, buildings, and assets indicated
by indicative signs are immune from attack.
5. Civilians- Those who never took part in hostilities. Hors de
combat- former combatants but wounded or have
permanently joined the population.
6. Parachutists- Those who bail out from aircrafts in distress.
If they land in enemy territory, they must be given a chance
to surrender and be treated as prisoners of war.
7. Hospitals, hospital ships, and medical counts.
8. Food supplies and crops.
Forbidden methods of warfare
1. No quarter method- An order to the effect that no
survivors are left open after attack. This is inhuman and not
allowed as a method of warfare.
2. Starvation method- Starvation of civilian population is
inhuman.
3. Reprisals- Acts of vengeance by a belligerent directed
against groups of civilians or prisoners of war.
4. Perfidy or Treachery- It is a treachery for soldiers who have
surrendered to take up arms and attack the enemy.
5. Indiscriminate attacks- Unlawful act or omission causing
the death or serious danger to the health of the prisoners.
Jus ad bellum- Justice of war, refers to the conditions under
which one may resort to war or to force in general, with a
subdivision known as jus contra bellum or the law on the
prevention of war.
Jus in bello- Justice in war, governs the conduct of
belligerents during a war and in a broader sense comprises
the rights and obligations.
Conditions for jus ad bellum
1. There must be a just cause on an injury received.
2. War must be proportional to the costs entailed in
prosecuting them.
3. There must be a reasonable chance of success.
4. Nations must publicly declare wars.
5. Only a legitimate authority may declare war.
6. War must always be the last resort.
7. War may only be undertaken with the right intention.
Genocide- Incudes any of the following acts committed with
intent to destroy, in whole or in part, a national, ethical,
racial, or religious group such as:
1. Killing members of a group.
2. Causing serious bodily or mental harm to members of a
group.
3. Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or
in part.
4. Imposing measures intended to prevent births within the
group.
5. Forcibly transferring children of the group to another
group.
Genocide - It is a crime under international law whether is
committed in time of peace or in time of war.
Heads of state and government are not immune from
prosecution for genocide.
Persons charged with genocide shall be tried by a competent
court of the state in the territory of which the act was
committed, or by such international penal tribunal as may
have jurisdiction with respect to parties to the Genocide
Convention which shall have accepted its jurisdiction.
Acts punishable under the genocide convention
1. Genocide
2. Conspiracy to commit genocide.
3. Direct and public incitement to commit genocide.
4. An attempt to commit genocide.
5. Complicity in genocide.
Torture- Any act which sever pain or suffering , whether
physical or mental is intentionally inflicted on a person for
such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a
third person has committed or is suspected of having
committed or intimidating or coercing him or a third person
or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a public official or other
person acting in official capacity. It does not include pain or
suffering arising only from, inherent in or incidental to lawful
sanctions.
Not defences for justification of torture:
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1. Exceptional circumstances whatsoever, whether a state of
war or retreat of war, internal political instability or any
public emergence may not be invoked as a justification of
torture.
2. An order from a superior officer or a public authority.
Reprisal- The seizing of property or persons by way of
retaliation. Reprisal when they are taken by a state may
denote any kind of coercive action not amounting to war
whereby a state attempts to secure satisfaction from another
for some wrong which the latter has committed against it.
Embargo- commerce and trade with the offending state.
If an embargo upon all the vessels of the offending state
takes place at a time when they are in the ports of the state
seeking redress, the same does not contemplate a
confiscation which is considered as an act of war, except in
the case the redress for injuries suffered should be finally
refused.
Blockade- Maritime commerce between an enemy state and
the rest of the world is cut off in order to prevent the goods
from reaching the enemy or to prevent the enemy from
exporting to the outside world thereby sustaining war
economy.
It is lawful if it is made upon order or authority of the UN
Security Council.
Boycott- There is a concerted action made by citizens of one
state to suspend trade and business relations with the
citizens of the offending state.
If the boycott is a voluntary act of the citizens, either acting
individually or in concert, it is outside the scope of
international law. It will be a ground for protest by a foreign
government if there is an element of pressure from a
government.
Aggression- It is the use of armed force by the state against
the sovereignty, territorial integrity or political independence
of another state, or in any other manner inconsistent with the
charter of the UN.
The following are acts of aggression regardless of a
declaration of war:
1. The invasion or attack by the armed forces of a state of the
territory of another state, or any military occupation,
however temporary, resulting from such invasion or attack or
any annexation by the use of force of the territory of another
state or part thereof.
2. Bombardment by the armed forces of a state against the
territory of another state or the use of any weapons by a
state against the territory of another state.
3. The blockade of the ports or coasts of a state by the armed
forces of another state.
4. An attack by the armed forces of a state on the land, sea,
air forces or marine and air fleets of another state.
5. The use of armed forces of one state which are within the
territory of another state with the agreement of the receiving
state, in contravention of the conditions provided for in the
agreement or any extension of their presence in such
territory beyond the termination of the agreement.
6. The action of the state in allowing its territory, which it has
placed at the disposal of another state, to be used by that
other state for perpetrating an act of aggression against a
third state.
7. The sending by or on behalf of a state of armed bands,
groups, irregulars, or mercenaries, which carry out acts of
armed force against another state of such gravity as to
amount the acts listed above, or its substantial involvement
therein.
Peaceful and Forcible Sanctions
Peaceful sanctions in international law
1. Diplomatic negotiations- It constitutes the process by
which states settle their differences through an exchange of
views between diplomatic agencies. Discussions may be oral
or written.
2. Tender and exercise of good offices- It exists when third
party, either alone or in collaboration with others, offers to
help in the settlement of a dispute. When the offer is
accepted, there shall be an exercise of good offices.
3. Mediation- A third party offers to help with a solution,
usually based on compromise. Mediation offers a solution
while good offices merely brings that parties together.
4. Enquiry - It simply means an ascertainment of the
pertinent facts and issues in a dispute.
5. Arbitration and conciliation- It is the reference of the
dispute to a commission or international body, whose
decision, however, is not binding on the parties, when the
decision is final and conclusive upon the parties, the process
is referred to as arbitration.
6. Reference to the Security Council of the UN- When no
danger to international peace is foreseen, the security council
may step in, but only if all the parties to the dispute request
its intervention. When there is danger to international peace,
the Security Council intervenes:
1. On its own motion
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 2. On motion of the General Assembly
3. On motion of the Secretary General
4. On motion by a UN member
5. On motion by a non-member of the UN
In case the Security Council discovers a threat to international
peace, it shall make the proper recommendation on the
dispute. If the recommendations are not heeded, the council
may take enforcement action.
7. Reference to regional organizations- Regional
arrangements or agencies may be established to maintain
international peace through regional action and to peacefully
settle local disputes before referring them to the Security
Council. Its function should be reported to the council.
However, it should be noted that the existence of these
agencies would not prevent the Security Council from itself
investigating and settling these disputes.
8. Settlement by the International Court of Justice- The court
shall remain permanently in session except during the judicial
vacations, the dates and duration of which shall be fixed by
the court.
Basis of the court’s jurisdiction is the consent of the parties.
Jurisdiction:
1. Interpretation of treaty
2. Any question of international law
3. The existence of any fact which if established, could
constitute a breach of international obligation.
4. The nature or extent of the reparation to be made for the
breach of an international obligation.
Advisory opinion- The court may give an advisory opinion on
any legal question at the request of whatever body that may
be authorized by or in accordance with the UN Charter to
make such a request or other organs of the UN when
authorized by the General Assembly.
International Dispute- It is a contest of specificity between
states or between a state an international organization or
persons with international personality or between such
organizations of persons.
Basis or underlying principle observed by the UN with
respect to settlement of disputes: Art 2 of the UN Charter.
If all efforts to settle the dispute peacefully fails and the
Security Council determines that there is a threat to peace, or
breach of peace, or aggression, it may take the appropriate
measures such as any of the following:
1. It may recommend completer or peaceful interruption of
economic relations and of rail, sea, air, postal, telegraphic,
radio, and other means of communication.
2. It may recommend such action by air, sea, or land forces as
may be necessary to maintain or restore international peace
and security.
Requirements if employment of force is recommended:
1. The planning and agreements of the UN members called
upon to make available armed forces, assistance, and
facilities shall be made.
2. The said agreement, if concluded, shall be ratified by the
signatory states in accordance with their respective
constitutional processes.
3. The Security Council is assisted by the military staff
committee composed of the different chiefs of staff or the
representatives of the permanent members of the UN.
4. The latter shall be responsible under the security council
for the strategic direction of any armed forces placed at the
disposal of the Security Council.
The Security Council Contingents are tasked to be peace-
making missions.
Difference between conciliation and arbitration
Conciliation- A dispute is referred to a commission or
international body, the decision is not binding on the parties.
Arbitration- The decision is final and conclusive on the
parties.
International Arbitration- It is the settlement of disputes
between states by judges of their own choice and on the
basis of respect for law.
Settlement of disputes concerning the interpretation or
application of the Convention of the Law of the Sea
A state shall be free to choose, by means of a written
declaration, one or more of the following means concerning
the interpretation or application of the convention on the
law of the sea:
1. International Tribunal for the law of the Sea.
2. International Court of Justice
3. Arbitral Tribunal
4. Special Arbitral Tribunal
Disputes not covered by compulsory arbitration:
1. Disputes relating to sea boundary limitations.
2. Involving historic days or titles
3. Concerning military activities, government ships etc
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4. Law enforcement concerning exercise of sovereign rights or
jurisdiction.
5. Disputes in which the Security Council is exercising
functions under the UN Charter.
ITLOS (International Tribunal for the Law of the Sea
 It is an independent judicial body established by the
UNCLOS to adjudicate disputes arising out of the
interpretation and application of the convention.
 It is an inter-governmental organization created by
mandate of the 3rd UN Conference in the Law of the
Sea, and established by UNCLOS.
 Composed of 21 independent members elected from
among persons enjoying the highest reputation for
fairness and integrity and of recognized competence
in the field of the Law of the Sea.
Tribunal’s Jurisdiction
 It has jurisdiction over any dispute concerning the
interpretation or application of the convention and
other matters specially provided for in any other
agreement which confers jurisdiction on the
tribunal.
 It is open to:
o State parties to the convention
o Also to entities other than the state parties
or inter-governmental organizations which
are not parties to the convention and state
enterprises and private individuals.
Headquarters- Hamburg, Germany
International Seabed Authority- Established by the UNCLOS
to have a comprehensive legal framework to regulate all
ocean space, its uses and resources.
Responsibilities of the International Seabed Authority
1. To regulate seabed mining beyond the limits of national
jurisdiction beyond the limits of the territorial sea, the
contiguous zone, and the continental shelf and the high seas.
2. To provide for the protection and preservation of marine
environment for maritime scientific research and for the
development and transfer of maritime technology.
4 Alternative means for the settlement of dispute
1. International Tribunal of the Law of the Sea.
2. International Court of Justice
3. Arbitral Tribunal
4. Special Arbitral Tribunal
Comprehensive system for the settlement of disputes that
might arise with respect to the interpretation and
application of the convention
 It requires the state parties to settle their disputes
concerning the interpretation and application of the
convention.
 It requires state parties to settle their disputes
concerning the interpretation or application of the
convention by peaceful means indicated under the
UN Charter.
 If the parties to dispute fail to reach a settlement by
peaceful means of their own choice, they are obliged
to report to the compulsory dispute settlement
procedures entailing binding decisions, subject to
the limitations and exemptions contained in the
convention.
 If the parties to the dispute have not accepted the
said settlement procedure, the dispute may be
submitted only to arbitration in accordance with
Annex VII, unless the parties agree otherwise.
4 Chambers that were formed by the Tribunal
1. The chamber of summary procedure
2. The chamber of fisheries disputes
3. The chamber of marine environment disputes
4. The chamber for maritime delimitation disputes
Arbitral Tribunal
 Constituted under Annex VII of the convention
 Any party to a dispute may submit the dispute to the
arbitral procedure provided for in Annex VII by
written notification addressed to the other party or
parties to the disputes.
 The notification shall be accompanied by a
statement of the claim and the grounds on which it
is based.
 Shall determine its own procedure, assuring to each
party a full opportunity to be heard and to present
its case.
 Its decisions shall be taken by a majority vote of its
members. The absence or abstention of less than
half of the members shall not constitute a bar to the
tribunal reaching a decision. In the event of an
equality of votes, the president shall have a casting
vote. The award shall be final and without appeal,
unless the parties to the dispute have agreed in
advance to an appellate procedure. I shall be
complied with by the parties to the dispute.
 To facilitate disposition of disputes, the International
Tribunal may constitute Seabed Dispute Chambers,
composed of three or more elected members, as it
considers necessary for dealing with particular
categories of disputes submitted to it if the parties
so request. A judgment given by any of the chambers
shall be considered as rendered by the Tribunal. The
decisions of the chamber shall be enforceable in the
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 territories of the states parties in the same manner
as judgments or orders of the highest courts of the
state party in whose territory the enforcement is
sought.
Special Arbitral Tribunal
 Constituted under Annex VIII of the convention.
 It is tasked to make findings of fact, when the parties
so request, in a dispute concerning the
interpretation or application of the provisions of the
convention relating to:
o Fisheries
o Protection and preservation of the marine
environment.
o Marine scientific research
o Navigation, including pollution from vessels
and by dumping.
 May carry out an inquiry and establish the facts
giving rise to the dispute.
 Unless the parties otherwise agree, the findings of
fact of the special arbitral tribunal acting in
accordance with par 1, shall be considered as
conclusive as between the parties.
 If all the parties to the dispute so request, the special
arbitral tribunal may formulate recommendations
which without having the force of a decision, shall
only constitute the bases for a review by the parties
of the questions giving rise to the dispute.
 Subject to par 2, the special tribunal shall act in
accordance with the provisions of this annex, unless
the parties otherwise agree.
5 judicial international courts designed to judicially settle
disputes
1. International Court of Justice
2. Court of Justice of the European Communities
3. Benelux Court of Justice
4. European Court of Human Rights (Strasbourg Court)
5. Inter-American court of Human Rights
ECH and IACH are regional courts tasked to adjudicate
violations of human rights. They are established by
agreements of treaties entered into by the countries
concerned.
BCJ- Is of limited scope. It applies only to the Benelux states,
namely: Belgium, Netherlands, and Luxembourg.
ECJ- Supreme court of the EU which was established by
agreements of its members
Tasks of the ECJ
1.Adjudicates on matters of interpretation of European law,
particularly claims by the European Commission that a
member state has not implemented a EU directive or other
legal requirements.
2. It adjudicate claims by members that the European
Commission has exceeded its authority.
3. It accepts references from national courts in the EU
members states asking the ECJ questions about the meaning
or validity of a particular law.
International Court of Justice
Created by the Rome Statute, effective July 1, 2002
The Philippines is not a party to the statute.
Pimentel vs Office of the Executive Secretary- Senator
Aquilino Pimentel filed a petition for mandamus with the SC
to compel the executive secretary to submit the signed
statute to the senate concurrence. Said petition was
dismissed because the court haws no jurisdiction to direct the
executive secretary to submit the signed statute to the senate
for its concurrence.
Jurisdiction of the ICC
1. Genocide
2. Crimes against humanity
3. Crimes of aggression
4. War crimes
Rules on jurisdiction
1. Jurisdiction over the subject matter- GCCW
2. Jurisdiction with respect to the place of the commission-
The state or whose territory the situations which is being
investigate took place or is taking place.
3. Jurisdiction over the person of the accused- The statute
applies to all persons without distinction, whether he is the
head of state or government. However, the court has no
jurisdiction over any person who was under the age of 18 at
the time of the alleged commission of the crime.
4. Jurisdiction with respect to the time of the commission of
the crime
No trial in absentia is allowed.
Penalties to be imposed:
1. Imprisonment for a specified number of years, not to
exceed the maximum of 30 years.
2. Life imprisonment, if this is justified by the extreme gravity
of the crime and the individual circumstances of the
convicted person.
The penalty shall be served on a state designated by the
court from a list of states which have volunteered to enforce
the sentence in their territory, If no state is designated or if
no state is willing to enforce the sentence, the same shall be
served in a prison facility made available by the host state.
Belligerent occupation vs Military occupation
Belligerent occupation
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1. It is temporary military occupation of the territory of the
enemy during the war. International law recognizes the
occupant’s authority over the occupied territory and its
inhabitants.
Military occupation
1. There is military occupation when the victor takes over
enemy territory after the conclusion of war. The rights and
obligations of the military occupant are generally premised
on the provisions of an agreement or treaty on the matter.
2. When the government of the invaded territory is rendered
incapable of publicly exercising its authority and the invader
is in the position to substitute and has substituted its own
authority for that of the legitimate government of the
occupied territory.
Rights and duties of the belligerent occupant:
1. To continue the processes of an orderly government.
2. To enact necessary legislation and even penal laws,
provided they are not ex post facto in character.
3. To protect the inhabitants, to protect them from torture
and brutal treatment.
4. To demand taxes and contributions over and above the
taxes to finance the needs of military and local
administration.
5. To issue legal currency both for the preservation of peace
and order and military needs.
6. To use enemy property, public or private.
7. During the period of occupation, the belligerent occupant
cannot annex the occupied territory or set it up as an
independent state. Because the rights of the belligerent
territory are merely that of administration.
Suspension of the hostilities
1. When there is suspension of arms (burial of the dead or to
remove the wounded)
2. When there is armistice (suspension of military firing and
advances)
3. When there is cease-fire (stopping of military firing and
advances)
4. When there is a truce (conditional ceasefire for political
purpose)
5. When there is capitulation (an agreement whereby a body
of troops or fitness or a town is surrendered.
6. When there is unconditional surrender.
Termination of war
1. Cessation of hostilities without any formal treaty.
2. By formal treaty of peace.
3. By the complete submission and subjugation of one of the
belligerents.
4. By unilateral declaration or proclamation.
Stateless persons- They are persons who are not considered
as nationals by any state under the operation of its law.
They are adversely affected as it affects his right to exercise
rights and privileges usually enjoyed by citizens of a state.
Rights of stateless persons
1. He shall be issued identity papers when he does not
possess a valid travel document.
2. He shall be accorded the same treatment which shall be
favourable as possible and in any event, not less favourable
than that accorded to aliens generally in the same
circumstances with respect to:
a. rights to movable and immovable property
b. right of association
c. wage- earning employment
d. liberal professions
e. housing
f. freedom of movement.
3. He shall be accorded the same treatment granted to the
national of his country of his habitual residence with respect
to rights to
a. artistic rights and industrial property
b. free access to courts
c. rationing
d. elementary education
e. public relief and assistance.
International law measures to prevent statelessness
(Convention on the Reduction of Statelessness)
1. A contracting state shall grant its nationality to a person
born in its territory who would otherwise be stateless.
2. A contracting state shall grant its nationality to a person,
not born in the territory of a contracting state, who would
otherwise be stateless, of the nationality of one of his parents
at the time of the person’s birth was that of that state.
Law of the Sea
Treaties promulgated
1. Convention on the Territorial Sea and Contiguous Zone
2. Convention on the High Seas
3. Convention on Fishing and Conservation of the Living
Resources of the High Seas
4. Convention on the Continental Shelf
5. UNCLOS
UNCLOS
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  Adopted by the UN Conference on the Law of the
Sea on April 30,1992.
 Open for signature on December 10, 1982 Montego
Bay Jamaica
 Effective: November 16,1994
 The Philippines signed on December 10,1982 and
ratified it on May 8,1984.
 73 states signatories.
Baselines law RA 9522- In accordance to UNCLOS III
Regime of islands under the Baselines Law
1. Kalayaan Islands Gorup or Spartlys
2. Bajo de Masinloc or Scarborough Shoal
Nationality of vessels
 The nationality, registration, or documentation of
vessels determines a relationship between the vessel
and the state that authorizes if to fly its flag.
 A ship shall sail under the flag of one state only.
Except, in cases provided for in international treaties
or in the LOS Convention.
Limitations on the right of a state to confer nationality upon
a ship
1. One flag limitation- A state may not confer its nationality
upon a ship that is already flying the flag of another state. Art
92 of the LOS Convention states that “A ship may not change
its flag during a voyage or while in a port of call, save in the
case of a real transfer of ownership or change of registry.
2. Genuine link requirement- Art 91 of the LOS Convention
requires that there must exist a genuine link between the
ship and the state before the latter may confer its nationality
upon the ship.
Flag state- Is the state that grants nationality upon a ship and
authorizes it to fly its flag.
Flag of convenience- If there is no genuine link between the
ship and the flag state, the latter becomes a flag of
convenience.
The genuine link between a ship and a state granting
nationality upon it may be any or more than the following:
1. The ship owned by its nationals.
2. The officers of the ship are its nationals.
3. The crew are its nationals.
4. The ship was built in that state.
Principal Theories on the jurisdiction of authorities of a
coastal state over crimes committed on board foreign
merchant ships which enter or dock into its ports:
1. French Rule- Under this rule, crimes committed aboard a
foreign merchant vessel should not be prosecuted in the
courts of the country within whose territorial jurisdiction they
were committed unless their commission affects the peace
and security of the territory.
2. English Rule- Under this rule, the crimes perpetrated under
such circumstances are in general triable in the courts of the
country within whose territory they were committed. The
Philippines follows the English Rule.
Transit passage
1. Applies through straits.
2. Covers navigation and other flight by aircrafts.
3. It may not be unilaterally suspended.
Innocent passage
1. Applies through territorial seas.
2. Covers navigation only.
3. It may be unilaterally suspended.
Warships- Enjoys the right of innocent passage and this
applies in straits used for international navigation. (Art 45
UNCLOS)
Exploitation of the mineral resources of the seabed
1. Common heritage of mankind view.
2. Res Nullius View
3. Freedom of the seas view.
UN Resolution No. 2749 Dec, 17, 1970 in connection with
Declaration of Principles Governing the Seabed and the
Ocean Floor and the Subsoil
1. No state shall claim or exercise sovereignty or sovereign
rights over any part of the area or its resources, nor shall any
state or natural or juridical person appropriate any part
thereof. No claim or exercise of sovereignty or sovereign
rights nor such appropriation shall be recognized.
2. All rights in the resources of the area are vested in mankind
as a whole on whose behalf the authority shall act. These
resources are not subject to alienation.
3. No state or natural or juridical person shall claim, acquire
or exercise right with respect to the minerals recovered from
the area except in accordance with the convention.
Otherwise, no such claim, acquisition, or exercise of such
rights shall be recognized.
High seas- These are waters which are not included in the
territorial sea or in the internal waters of any state, in the
archipelagic waters and exclusive economic zone of the state,
hence, they are beyond the jurisdiction and the sovereign
rights of the state.
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Freedom of the Seas- It means that no part of the sea as such
can be subjected to the sovereignty of any state. It cannot
therefore be incorporated into the territory of any state
through occupation.
But still subject to limitations under treaties.
Freedom of navigation- Refers to the right to sail ships on the
high seas, subject only to international law and laws of the
flag state.
Main Constituents of the Freedom of the High Seas
1. Freedom of navigation
2. Freedom of overflight
3. Freedom of fishing
4. Freedom to lay submarine cables and pipelines
5. Freedom to construct artificial islands and other
installations
6. Freedom of scientific research
Duties of the states relative to the high seas (Art 98,
UNCLOS)
1. To render assistance to any person found at sea in danger
of being lost.
2. To proceed with all possible speed to the rescue of persons
in distress, if informed of their need in assistance, in so far as
such action may reasonably be expected of him.
3. After a collision, to render assistance to the other ship, its
crew, and its passenger and, where possible, to inform the
other ship of the name of his own ship, its port of registry and
the nearest port at which it will call.
4. Every state shall take effective measures to prevent and
punish the transport of slaves in ships authorized to fly its flag
and to prevent the unlawful use of its flag for that purpose.
Any slave taking refuge on board any ship whatever its flag
shall ipso facto be free.
Exceptions to the flag state’s jurisdiction in the high seas:
1. In penal or disciplinary proceedings against the master or
any other person in the service of the ship, arising from
collision or any other incident of navigation concerning a ship
on the high seas, the state of which that person is a national
has jurisdiction concurrently with the flag state.
2. Every state may seize a pirate ship or aircraft or a ship
taken by the pirates arrest the persons on board and seize
the property on board.
3. The state of registry of the broadcasting installation, the
state of which the offender is a national any state where the
broadcast transmission can be received or any state where
authorized radio communication is suffering interference has
jurisdiction to arrest a person or ship engaged in
unauthorized broadcasting from the high seas seize the
broadcasting apparatus and prosecute the offender.
4. On the exercise of the right of hot pursuit, a warship or
military aircraft of a state may stop and arrest a foreign ship
on the high seas.
5. In case of pollution incident from marine casualty, a coastal
state whose coastline is threatened with major harmful
consequences may take and enforce measures beyond the
territorial sea including the high seas.
Air and Space Law
ICAO- International Civil Aviation Organization
 Established by the Convention on the International
Civil Aviation Organization/Chicago Convention
 Rules established by the convention
o Rules of airspace
o Airplane registration and safety
o Rights of signatories in relation to air travels
Five Air Freedoms
1. Overflight- The privilege to fly across its territory without
landing.
2. Non-traffic landing- The privilege to land for non-traffic
purposes.
3. Putting down passengers, mail, cargo- The privilege to put
down passengers, mail, and cargo taken on in the territory of
the state whose nationality the aircraft possesses.
4. Taking on passengers, mail, cargo- The privilege to take
down passengers, mail, and cargo taken on in the territory of
the state whose nationality the aircraft possesses.
5. Taking on and putting down passengers, mail, cargo- The
privilege to take on passengers, mail. And cargo destined for
the territory of any other contracting state and the privilege
to put down passengers coming from any such territory.
Nationality of aircrafts- The state in which they are
registered and they shall bear its appropriate nationality and
registration marks when they engage in international air
navigation.
An aircraft cannot be validly registered in more than one
state. However, its legislation may be changed from one state
to another.
Hijacking- It is committed by any person who on board an
aircraft in flight shall unlawfully, by force or threat thereof, or
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by any other form of intimidation seizes or exercises control
of that aircraft or attempts to perform any such act.
(Convention for the Suppression of Unlawful Seizure of
Aircraft which was signed at the Hague on Dec, 16,1970)
Sabotage- It covers other acts that place the safety of an
aircraft in jeopardy. It is committed by any person who
unlawfully and intentionally commit any of the following acts
which render an aircraft incapable of flight or are likely to
endanger the safety of an aircraft in flight:
1. Performing an act of violence against a person on
board an aircraft in flight.
2. Destroying an aircraft in service or causing
damage to such an aircraft.
3. Placing or causing to be placed on an aircraft in
service a device or substance which is likely to
destroy an aircraft.
4. Destroying or damaging air navigation facilities or
interfering with their operation.
5. Communicating information which he knows to be
false thereby endangering the safety of an aircraft in
flight.
Jurisdiction over offenses committed aboard an aircraft:
General rule: it is the flag state or the state where the aircraft
is registered that has jurisdiction over the offenses
committed on board an aircraft.
Exception: If offenses are committed aboard or while the
aircraft is flying over the airspace of another state, then the
latter state may assert jurisdiction base on the principle of
territoriality or sometimes based on the nationality principles
and universality.
States have the duty to prosecute or extradite hijacking and
sabotage in the following cases:
1. When the offense is committed on board an aircraft
registered in that state.
2. When the aircraft on board which the offense is committed
lands in its territory with the alleged offender still aboard.
3. When the alleged offender is present in its territory.
Duty to extradite- If the state does not wish to prosecute the
alleged offender in its territory.
Outer space- The area that lies beyond the airspace of the
earth. But as to where it begins, there is no universally
accepted reference point. The outer space treaty did not
define outer space because of its non-identifiable dimension.
A state on whose registry an object launched into outer
space is carried shall retain jurisdiction and control over such
object and over nay personnel thereof, while in outer space
or on a celestial body. If further state that ownership of
objects launched into outer space, including objects landed or
constructed on a celestial body, and of their component
parts, is not affected by their presence in outer space or on a
celestial body or by return to earth.
Moon treaty Art 11- The moon being the common heritage of
mankind is not subject to appropriation by any state by
means of use or occupation. Likewise, the planting of the flag
thereon does not create a right to own the surface or any
area of the moon.
The moon and other celestial bodies shall be used exclusively
for peaceful purposes. The following military applications are
prohibited.
 Placing in orbit around the earth any objects carrying
nuclear weapons or any other kinds of weapons of
mass destruction.
 To station nuclear weapons or any other kinds of
weapons of mass destruction in outer space in any
other manner.
 Installing nuclear weapons or any other kinds of
weapons of mass destruction on celestial bodies.
 Establishment of military bases, installations, and
fortifications the testing of any type of weapons and
the conduct of military manoeuvres on celestial
bodies.
Rules on damages and liabilities (Outer Space Treaty)
 A launching state shall be absolutely liable to pay
compensation for damage caused by its space object
on the surface of the earth or to an aircraft in flight.
 In the event of damage being caused elsewhere than
on the surface of the earth to a space object of one
launching state or to persons or property on board
such as a space object of another launching state,
the latter shall be liable only if the damage is due to
its fault or the fault of persons for whom it is
responsible.
 Whenever two or more states jointly launch a space
object, they shall be jointly and severally liable for
any damage caused. A state from whose territory or
facility a space object is launched shall be regarded
as a participant in the joint launching.
Good neighbourliness principle- This principle prohibits
states from using or permitting the use of its territory in a
manner that is injurious to another state or other state’s
person or property.
Sic utere tuc ut alienum non laedas- So use as your own that
you do not injure that of another.
Stockholm declaration
 Declaration on Human Environment, adopted at the
1972 UN Convention on Human Environment.
 Important principles
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 o Man has the fundamental right to freedom,
equality, and adequate conditions of life in
an environment of a quality that permits a
life of dignity and well- being and he bears a
solemn responsibility to protect and
improve the environment for present and
future generations.
o States have 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 for areas beyond the limits of
national jurisdiction.
o States shall cooperate to develop further
the International Law regarding liability and
compensation for the victims of pollution
and other environmental damage caused by
activities within the jurisdiction and control
of such states to areas beyond their
jurisdiction.
Rio Declaration
 Declaration on environment and development
adopted at the 1992 Rio Conference on Environment
and Development also known as the Earth Summit.
This declaration affirms the Stockholm declaration to
establish a new and equitable global partnership.
 Important Principles
o States have 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.
o The right of development must be fulfilled
so as to equitably meet developmental and
environmental needs of present and future
generations.
o States shall develop national law regarding
liability and compensation for the victims of
pollution and other environmental damage.
o States shall immediately notify other states
of any natural disasters or other
emergencies that are likely to produce
sudden harmful effects on the environment
of those states. Every effort shall be made
by the international community to help
states so afflicted.
o Warfare is inherently destructive of
sustainable development. States shall
therefore respect international law
providing protection for the environment in
times of armed conflict and cooperate in its
further development as necessary.
o States shall resolve all their environmental
disputes peacefully and by appropriate
means in accordance with the charter of the
UN.
Long range transboundary air pollution- Means, air pollution
whose physical origin is situated wholly or in part within the
area under the national jurisdiction of one state and which
area is under the national jurisdiction of the state and which
has adverse effects in the area under the jurisdiction of one
state at such a distance that is not generally possible to
distinguish the contribution of individual emission sources or
groups of sources.
Precautionary approach- Under principle 15 of the Rio
Declaration, the precautionary approach shall be wildly
applied by states according to their capabilities. Where there
are threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for
postponing cost-effective measures to prevent environmental
degradation.
Common but differentiated responsibility- Principle 7 of the
Rio Declaration. States shall cooperate in a spirit of global
partnership to conserve, protect, and restore the health and
integrity of the earth’s ecosystem. In view of the different
contributions to global environmental degradation, states
have common but differentiated responsibilities. The
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.
Major treaties, conventions, instruments for preservation
and protection of the environment
1. Convention on the High Seas
2. Stockholm Declaration on Human Environment
3. Convention on the establishment of an International Fund
for Compensation for Oil Pollution Damage.
4. Brussels Convention on the Liability for Operators of
Nuclear Ships.
5. 1982 Convention on the Law of the Sea
6. International Convention on Civil Liability for Bunker Oil
Pollution Damage
Lex Posterior Derogat Priori- That which comes last in point
of time will usually upheld by the municipal tribunal.
If the conflict is with respect to international law and a
statute, the rules of international law are given equal
standing with, but are not superior to, national legislative
enactments. A treaty may repeal a statute and a statute may
repeal a treaty, thus the principle of lex posterior derogate
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priori, that which comes last in time, will usually usually be
upheld by the municipal tribunal.
Res inter alias actu- Acts and declaration of persons strangers
to a suit.
Doctrine of Contingent Sovereignty- Sovereignty is
contingent upon the fulfilment of certain fundamental state
obligations, particularly to its own people. When the state
commits, allows, or fails to prevent oppression or acts of
violence against its people, it loses its claim to sovereignty
and non-intervention, and protection would devolve to the
international community.
Drago Doctrine (Luis Drago- Former Minister of Foreign
Affairs of Argentina)
3 Generations of Human Rights by Karel Vasak (Czech Jurist
and 1st Secretary General of the International Institute of
Human Rights in Strasbourg)
1. First generation- They deal essentially with liberty and
participation in political life. Found in Arts 3-21 of the the
UDHR and ICCPR.
2. Second Generation- They are related to equality. They are
fundamentally social, economic, and cultural in nature. Found
in Arts 22-27 of the the UDHR and ICCPR.
3. Third Generation- Those rights that go beyond the mere
civil and social, as expressed in many progressive documents
of International law, including the 1972 Stockholm
Declaration of the UN Conference on Human Environment.

Concerns the right of a state to resort to force to collect the

claims of its citizens against foreign governments and is
advanced by him as supplement to the Monroe Doctrine
(America for Americans).

A public debt cannot give rise to the right of intervention and

much less to the occupation of the soil of any American
nation by any European power.

Hinterland Doctrine- Under this doctrine, the state that

discovers and occupies the coast shall also have an exclusive
right to occupy the hinterland, or the inland region lying
behind a port.

Thalweg Doctrine- Aims to resolve water boundary disputes.

According to this doctrine, the boundary between 2 states
divided by a flowing body of water should be drawn along the
thalweg which is the deepest portion of the channel.

Double veto- A veto first used to establish that a given

question is non-procedural and then on the vote on the
question itself.

Aida Memoaire- It is a written summary of the key points

made by a diplomat in an official conversation. Literally a
document left with the other party to the conversation,
either at the time of the conversation or subsequently as an
aid to memory.

International Bill of Human Rights

1. The Universal declaration of Human Rights
2. The International Covenant on Economic, Social, and
Cultural Rights
3. The International Covenant on Civil and Political Rights.
4. The Two Optional Protocols

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