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POLITICAL LAW REVIEW – Gabby Notes

2017
THE CONSTITUTION

Q: What is constitutional law? Q: What makes the constitution so


special that it can never be wrong?
A: That written instrument enacted by
direct action of the people by which the A: Because it is by the direct action of
fundamental powers of the government the people. It is immutable because it is
are established, limited and defined, and the direct action of the people unlike
by which those powers are distributed other governmental acts which are acts
among the several departments for their by the representatives of the people.
safe and useful exercise for the benefit
of the body politic. Q: In the case of Manila Prince vs
GSIS the SC enumerated three
Q: Can we say that all rights objectives of the constitution. What
emanate from the constitution? are these?
1. To prescribe the permanent
A: No, not all rights spring from the framework of a system of
constitution. There are rights that are government;
inherent to every human being. There 2. To assign to the several
are also rights that are independent from departments their respective
the constitution. powers and duties and;
3. To establish certain first principles
Q: What is the doctrine of on which the government is
constitutional supremacy as held by founded
the SC in Manila Prince Hotel vs
GSIS? Q: What are the different kinds of a
constitution?
A: It is a supreme law to which all other
1. WRITTEN OR UNWRITTEN
laws must conform and in accordance a. Written — one
with which all private rights must be whose precepts are
determined and all public authority embodied in one document
administered. Under the doctrine of or set of documents;
constitutional supremacy, if a law or b. Unwritten —
contract violates any norm of the consist of rules which have
constitution that law or contract whether not been integrated into a
promulgated by the legislative or by the single, concrete form but
executive branch or entered into by are scattered in various
private persons for private purposes is sources, such as statutes of
null and void and without any force and a fundamental character,
effect. judicial decisions,
commentaries of publicists,
customs and tradition, and

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POLITICAL LAW REVIEW – Gabby Notes
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certain common law Q: How about rigid and Flexible?
principles
A: A rigid constitution is one that can be
2. (CONVENTIONAL) OR
amended only by formal and difficult
EVOLVED (CUMULATIVE)
process. While flexible constitution is one
that can be changed by ordinary
3. RIGID OR FLEXIBLE
legislation.
a. Rigid- is one that
can be amended only Q: given that, what kind of
by a formal and constitution is the 1987
usually difficult constitution of the Ph?
process;
b. Flexible- one that A: The Philippine Constitution is a
can be changed by written, enacted and rigid type of
ordinary legislation. constitution.

Q: What is the difference Q: What are the essential qualities


between a written and of a good written constitution?
unwritten constitution? 1. It should be BROAD not just
because it provides for the
A: Written constitution are those one organization of the entire
whose precepts are embodied in one government and covers all
document or set of documents. In persons and things within
Unwritten constitution it consist of rules the territory of the State but
which have not been integrated into a because it must be
single, concrete form but are scattered comprehensive enough to
in various sources, such as statutes of a provide for every
fundamental character, judicial contingency.
decisions, commentaries of publicists, 2. It must be BRIEF- It must
customs and tradition, and certain confine itself to basic
common law principles principles to be
implemented with
Q: How about enacted and legislative details more
cumulative? adjustable to change and
A: Enacted (Conventional) — a easier to amend.
conventional constitution is enacted, 3. It must be DEFINITE- To prevent
formally struck off at a definite time and ambiguity in its provisions which
place following a conscious or deliberate could result in confusion and
effort taken by a constituent body or divisiveness among the people.
ruler. Cumulative constitution is the
Q: What are the essential parts of
result of political evolution not the constitution?
inaugurated at a specific time but a. Constitution of Liberty –
changing by accretion rather than by any The series of prescriptions
systematic method. setting forth the fundamental

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civil and political rights of the 3.) 1935 constitution Unicameral,
citizens and imposing Presidential -- May 14, 1935
limitations on the powers of changed to bicameral
government as a means of 4.) 1943 constitution a Japanese
securing the enjoyment of constitution during belligerent
those rights. occupation, a
b. Constitution of unicameral/presidential form of
Government – The series of government
provisions outlining the 5.) After the 1943 constitution, we
organization of the revert back to 1935 constitution by
government, enumerating its virtue of the issuance of Gen
powers, laying down certain McArthur. This was the 1973
rules relative to its constitution
administration, and defining 6.) Freedom constitution came
the electorate, about through proclamation
number 3. It is bicameral form of
c. Constitution of the government.
Sovereignty – The 7.)1987 – bicam, revision of 1935
provisions pointing out the
mode or procedure in Q: The freedom constitution
accordance with which formal was proclaimed by President
changes in the fundamental Aquino. The constitution as we
law may be brought. all know is a direct act of the
people. But in the case of the
freedom constitution, it is not
Q: Can we say that a by the people it is by the act of
fundamental law that does not a single person. Nonetheless it
contain all the three essential was considered as a
parts is not a constitution? fundamental constitution.
Why?
A: No it may still be considered as
constitution only that the A: President Aquino promulgated
constitution will be lacking of the freedom constitution, there is
essential parts. no other institution existing at that
time. There are no laws existing at
Q: How many constitution do the time except the word of the
we have so far? President. As a revolutionary
leader, she can make that
1.)Biak-na-bato constitution ;first declaration and that declaration
revolutionary constitution, it is a may have the force and effect of a
unicameral type of government fundamental law.
2.) Malolos constitution first
democratic constitution it is a Q: How long does the freedom
unicameral/parliamentary of constitution intended to take
government effect?

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A: one year March 25, 1986 to governor should be notified
March 24, 1987. first before he will be bound by
the new constitution?
Q: Did the freedom
constitution exhaust its one A: No it is not required that he be
year term? informed because it is provided in
the 1987 constitution that “this
A: No because it was submit to the constitution shall take effect
people for ratification on February immediately upon ratification of
2 1987. the people in a plebiscite called for
that purpose”
Q: When did the 1987
constitution take effect? Q: What is the danger sought
to be avoided by the SC in
A: According to the case, in de leon declaring that the date of the
vs Esguerra, it tooke effect on plebiscite must be the date of
February 2 1987. the proclamation of the
constitution?
Q: Not February 11 1987? Why
what happened in February 11 A: The danger sought to be
as distinguish from the avoided is the situation where the
plebiscite in February 2 1987? President can conveniently delay
the effectivity of the constitution.
A: There was a proclamation
declaring the result of February 2 Q: When there are doubts as
plebiscite and declaring the 1987 to whether the provision in the
constitution as duly ratified. constitution is self-executing
or non-self-executing,
Q: How did the SC rule in De according to the SC in Manila
Leon vs Esguerra regarding Prince Hotel, the doubt should
the effectivity of the 1987 be resolved in favor of what?
constitution?
A: In favor of Self-executing
A: the effectivity of the constitution character of the constitution
should be reckoned on the date of
ratification through a plebiscite. Q: What is the reason given by
the SC in adopting this rule?
Q: The respondent governor in
that case was not given notice A: To rule otherwise would give
of the ratification of the the congress the authority to
constitution. When he issued defeat a mandatory provision by its
that appointment letter, he refusal to provide for an
acted in good faith, can we say implementing law. One good
that due process requires that example is the provision against

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political dynasty which constitution must be
unfortunately the constitution interpreted as a whole
grants the power to congress to
define what is political dynasty Q: When is the impeachment
which means that unless and until proceedings initiated
the congress enacts a law defining according to the SC in the case
political dynasty, that provision of Francisco vs HOR?
remains in the cold reach of the
constitution. A: Upon the filing of the
impeachment complaint duly
A provision is self-executing when endorsed by a member of the
the nature and extent of the rights house of representative and
conferred and the liabilities transmitted to the committee on
imposed are fixed by the justice.
constitution itself. If it is a non self
executing provision there must be Q: Is a good constitution
an express indication in the should be permanent? It must
constitutional provision. be fixed and it should not
move at all?
Q: In the case of Francisco vs
House of Representatives the A: No. A constitution must be
court was tasked upon to stable but it cannot be standstill. A
interpret the word “Inititate” constitution that cannot change
the SC then laid down the cannot endure. Constitution must
principles of constitutional always open to a change.
construction which must be
applied in succession. What Q: The 1987 constitution only
are these principles? allows two kinds of changes.
What are these two changes
1. First, verba Legis that is allowed to be introduced by
wherever possible the fundamental law?
words used in the
constitution must be given A: Amendments and Revisions
their ordinary meaning
except where technical Amendment implies a change within the
terms are employed lines of the original instrument as will
2. Second, ratio legis est effect an improvement, or better carry
anima, that is, where there out the purpose for which it was framed.
is ambiguity the words of It is a piece-meal isolated change in the
the constitution should be constitution. Revision implies a change
interpreted in accordance that alters a basic principle in the
with the intent of its framers constitution or overhauls it in its entirety.
3. Finally, Ut magis valeat
quam pereat, that is, the

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Q: Since both changes are allowed,
is it still necessary to determine the Q: Applying these two test to the
character of change? Lambino group, can we say that the
A: Yes, it is necessary to determine the proposal is indeed amendment?
character of the proposed change A: The SC said that 105 provision of the
because different procedure applies and 1987 constitution will be affected by the
initiative by people can only propose proposal therefore under the
Quantitative test, the proposal is a
amendments.
Revision. Applying the Qualitative test,
the proposal is within the nature of
Q: In the case of Lambino vs Comelec revision also because there will be a
there are two proposed changes sought change in the governmental structure.
to be introduced by the Lambino group.
What are these two changes? So since the petition is in the nature of
A: Changing the government from revision under the two-part test, it
cannot be proposed through the system
presidency to parliamentary and
of initiative because what can be
Conversion of congress from bicameral to proposed under the system of initiative
unicameral congress. are Amendments.

Q: What is the two-part test that Q: True or False the congress can
was used by the SC to determine the amend or revise the constitution?
characteristics of this proposal A: False because the congress can only
propose amendments or revisions and
A: Quantitative and Qualitative test
they cannot amend or revise the
constitution all together.
Q: How is Quantitative test apply?
A: By asking whether or not the change Q: Amendment or revision involves
is extensive in number. The court will just two steps. These are?
count the number of provisions in the A: Proposal and Ratification
constitution affected by the proposal if While the congress may satisfy the first
substantial number of the provisions will step, the congress cannot satisfy the
second because the propose should be
be affected with the proposal the
ratify by the people.
proposed change is revision. Otherwise it
is amendment Q: In directly proposing
amendments or revisions to the
Q: In qualitative test? constitution is the congress
A: The court will look into the substantive discharging a general legislative
power?
effect of the proposal of the constitution
A: No it is exercising a constituent power
if the proposal will change the general
governmental structure that is in the
Q: Does this constituent power
nature of revision otherwise it is only require an express constitutional
amendment. provision?

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A: Yes as a constituent power the basis that the congress can either directly
of the exercise by the congress of the propose amendments or revision to
power to propose amendment or the constitution but they cannot do
revision springs from a constitutional
both because of the disjunctive
provision.
word “or” in between two
authorities. Did the SC sustain the
Q: What are the two modes of
proposing amendments or revision argument of the petitioner?
to the constitution under Sec. 1 Art. A: As a Constituent Assembly, Congress
17? May Directly Propose Amendments or
Amendment: Revisions AND at the same time, Calls a
1. The Congress, upon a vote of ¾ of Constitutional Convention. The term "or"
all its Members; or has, oftentimes, been held to mean
(Constituent Assembly) "and," or vice-versa, when the spirit or
2. A constitutional context of the law warrants it.
convention.
Revision: Q: What is the meaning of the term
1. The Congress, upon a vote of ¾ of ¾ of all the members of the
all its Members; or congress?
(Constituent Assembly)
2. A constitutional convention A: ¾ of all the members of the congress
To call a constitutional convention the is a fixed number it will not change even
required number is 2/3 if the composition of the house will
To directly propose amendment or change.
revision ¾
Q: Sec. 1 of Art 17 was copied from
In the case of Gonzales vs comelec. The Art. 15 of the 1935 constitution.
extent of authority of the congress in The distinction between the two
discharging its constituent power provisions is that Art. 15 of the
Gonzales was decided under 1935 1935 constitution is very specific it
constitution under 1935 constitution the provides that the congress in joint
congress can directly propose session assembly by a vote of ¾ of
amendments to the constitution. the all the members of the senate and
word revision does not appear with the ¾ of all the members of house of
constitution. do not be confused with representative voting separately
Occena which was decided under 1973 may propose amendments to the
constitution. under 1935 constitution constitution or call a constitutional
amendments includes revision is no convention. Art. 15 provides how
longer true in so far as 1987 constitution. the two house will meet, it also
provides the manner of voting in
Q: In the case of Gonzales vs directly proposing the constitution
Comelec, the petitioner contends voting separately. These phrases

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were not included I the 1987 delegates, apportionment of
constitution. Since the 1987 delegates per district. Can the
constitution did not copy all Art. 15 congress do that? (Imbong vs
of the constitution does it mean Comelec)
that our present constitution
intended a joint voting? A: Yes under the doctrine of necessary
implication, the grant of power to the
A: No in interpreting doubtful provisions congress acting a constituent body
we have to apply the principles provided carries with it a necessary implication of
under the case of Francisco vs HOR. If the power to provide the implementing
we will interpret Sec. 1 and sec 3 of Art. details.
17 to mean jointly, it will be contrary to
the bicameral system of congress where Q: What is the legal authority of the
one cannot act without the other. congress acting as a legislative
body to provide for implementing
Q: What are the two modes of details? (Imbong vs Comelec)
calling a constitutional convention?
A: It is inherent upon the congress acting
1. 2/3 vote of all the members of the as a legislative body. Since it is inherent,
congress; or it does not need any constitutional grant.
2. By a majority vote of all the
members of the congress with the Q: Can we say that the people
question of whether or not to call propose amendments to the
a convention to be resolved by constitution through a system of
the people in a plebiscite initiative under Art. 17 sec. 2
(facilitate the calling of the because there is an express
convention by allowing the people provision under the constitution?
to decide whether or not a
constitutional convention shall be A: Yes
called for)
Q: Under our system of
Note: A constituent assembly is a body government, to whom does the
that proposes amendments or revision of sovereignty reside?
the constitution
A: To the People
Q: Supposing a Congress acting as
Q: But you are saying they need an
a constituent body, calls a
express constitutional provision to
convention. Also in the same
propose a change to their own
capacity as a constituent assembly
fundamental law, meaning it is
provide for the implementing
contradicting they have that
details of the convention like the
uncontrollable supreme power as
qualification and the number of

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an attribute of sovereignty yet for since they have surrendered all their
them to propose a change or marbles but one, they limit their
amendment they need an express sovereignty. So again Sec. 2 of Art. 17 is
provision from the constitution more of a limitation than a grant of
because without that they do not power.
have authority. How can a
constitution grant a power that Q: What are the constitutional
already belongs to the people? requirements for a valid exercise of
initiative to propose amendments
Q: What is now the effect of Sec. 2 to the constitution?
of Art. 17?
1. Enabling legislation;
A: It seeks to limit the power of the 2. 12% of the registered voter must
people. It is not a grant of power but sign the petition and every district
more of a restriction or a limitation. It is must be represented by atleast
saying that people cannot exercise the 3% of the total number of that
power, you are limited to this extent legislative district
only.
Q: Is Sec. 2 Art. 17 a self-executing
To better understand it, in the beginning provision?
every individual is a repository of
sovereignty, every component or A: No it is not a self-executing provision.
element of the society is supreme. But The constitution specifically mandates
the people have learned that it will not the enactment of enabling law
work. There should be a higher power
that will control them among equals. Q: Do we have an enabling
Lets imagine that the people have their legislation now? Is RA 6735 in the
powers of sovereignty this is represented case of Santiago vs Comelec the
by marbles. 10 marbles which constitute enabling law?
their sovereignty, having learned that
A: Yes RA 6735 is a sufficient law to
there will be anarchy if they are not
enable the proposal of amendment of
governed by higher authority, they
the constitution.
agreed to form a constitution. That
constitution is a jar, so the people agree
Q: How soon can the People
to form a jar and they agree that it will
exercise this right from the
contain all their sovereign powers.
effectivity of the 1987 constitution?
Before they go to the jar and put all their
10 marbles, one of them ask if it is A: It may be exercise 5 years from
allowed to retain 1 marble, so the people effectivity of 1987 constitution and
have agreed to retain one power, that once every 5 years thereof
one marble is section 2 of Art. 17. So

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Q: What are the additional Q. Is there any other way that the
requirements provided in President can influence the
Lambino for a valid exercise of amendment or revision process
Initiative? aside from recommending to the
congress to make a proposal to
1. The people must author and thus change the constitution?
sign the entire proposal. No agent A. 1.The President recommends the
or representative can sign on their priority measures that the legislative
behalf. department may pass. Through the State
2. As an initiative upon a petition,
of the Nation Address, the president can
the proposal must be embodied in recommend the necessary changes to
a petition. the constitution.

Q: In the case of province of


Q: Can the petitioners sign for
cotobato did the SC allowed the
themselves and in behalf of
President to make changes to the
other? Fundamental law?
A: No because the petitioners must A: No the President cannot delegate a
directly author the proposal and power that she herself does not possess.
must personally sign the petition.
Q. Can the President likewise
Q: In the case of Gonzales, influence the people to exercise the
constituent power is not right of initiative to propose
inherent while in the case of amendments to the Constitution?
Sanidad vs Comelec the SC said A. Yes, and that is also the alternative of
that the power to propose the President. He or she may either go to
congress and recommend that the
amendments to the
congress will make the necessary
constitution is only adjunct to
proposal or influence the people to
the legislative power of the exercise the right of initiative.
national assembly. Can we say
that Sanidad is the new Q. Up to what extent may the
doctrine? Can we reconcile President influence the exercise of
Sanidad and Gonzales case? the right of initiative according to
A: Sanidad is only applicable to the the SC in the case of Lambino vs
factual circumstances during that Comelec?
time. It is a pro hac vice decision it A.
is not a stare decisis. Gonzales is
still controlling. Q. What issues involving the
amendment/revision process can
be elevated to the court of justice
POLITICAL LAW REVIEW LECTURE
for adjudication? (Sanidad vs.
1.2 Comelec)

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A. It depends on the controversy. If the
controversy involves the legality of a But if the proposal is to initiative under
particular act, it can be elevated to the Sec. 2, sixty (60) to ninety (90) days shall
court of justice for adjudication, but if it be counted from (b) the Certification by
involves propriety or wisdom even if it is the Comelec of the sufficiency of the
in relation to the amendment or revision petition.
process, it is a political question.
Q. What is the required vote for the
Q. Up to what extent may any convention to approve a proposal?
controversy or may any challenge A. A majority of the members of the
on the amendment or revision constitutional convention is required to
process be elevated to the court of approve a proposal.
justice for judicial review beyond
that, no more, even if there is a Q. What is the basis of the ruling of
defect in the steps undertaken by Supreme Court in Occena vs.
the congress? This was explained in Comelec that mere majority of the
the case of Sanidad vs Comelec. members of the convention is
A. Before the ratification of the proposal. enough to approve a proposal
Meaning, once the proposals are ratified whether it is a revision or
any challenge on the steps leading to amendment?
ratification are already cured. It must be A. Under a Democratic and Republican
made a priori, meaning prior to the nature of the State, we are governed by
ratification. Once the ratification is done the rule of the majority. It means that if
then the sovereign will of the people has there is a collective body, which is
corrected all the defects attendant in the required to vote on a particular question
amendment or revision process. This is and a constitution nor the law does
also the principle involve in the case of provide for the manner of voting, the
Javellana vs. Executive Secretary. default is always majority.

Q. How are the proposals ratified? Q. What is the required vote for the
A. people to ratify the proposal?
A. A majority.
Q. Is there a specific time when the
proposal should be submitted to the Q. Can we say that the constitution
people for the ratification? does not require majority of the
A. The proposal shall be submitted to the registered voters for the ratification
people not earlier than sixty (60) days of the proposal?
but not later than ninety (90) days from A. Constitution says majority of the votes
the day that they are supposed to be cast. The basis of the majority is not on
submitted to the people for ratification. the registered voters but on the actual
The sixty (60) to ninety (90) days shall voters.
be counted from (a) after approval by
congress acting as the constituent Q. May be a proposal is submitted to
assembly or a constitutional convention the people for the ratification

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simultaneously in a general when the submission should be
election? submitted.
A. Since the Constitution only says
election, without qualification, it could be Q. Can we say that the use of the
in a general or special. The mere fact that term “plebiscite” under Sec. 4 of Art.
the previous proposals were submitted in 17 does not refer to a day and it
a plebiscite in a special election goes in refers to a process?
to the wisdom of the congress. The A. Yes.
congress deemed it proper to submit
those proposals in a special election and, Q. Can we hold two processes in
now, there is Art. 1 and 3 were submitted one day as long as the processes are
simultaneously with the general election, separate, one general and one
again, that goes in to the wisdom of the special?
particular act not the legality, because A. Yes, as long as the processes are
the Constitution allows it to be submitted separate.
in an election without qualification.
So, proposals for the amendment Q. May proposals be ratified or
or revision of the constitution may be submitted to the people on a piece-
submitted to the people for the meal basis one after the other?
ratification simultaneously with the A. In Tolentino vs. Comelec, the
general election. Supreme Court applies the doctrine of
proper submission. The doctrine of
Q. Can we say now that under 1987 proper submission as initiated by the
Constitution submission of the Supreme Court in that case has two (2)
proposals for the ratification of the aspects. First, all the proposals shall be
people cannot be done submitted to the people all at once in
simultaneously with the general plebiscite or in an election called for that
election? purpose to give them a proper frame of
A. Yes because it must be through a mind. The second aspect of the doctrine
plebiscite, special election. of proper submission has already been
constitutionalized under the 1987
Q. Supposing that there is a general Constitution, because the second aspect
election within the period of sixty to of the doctrine of proper submission is
ninety days, is the congress cannot that the people must be given sufficient
submit the proposal together with time to study the proposal. The sufficient
the general election which time to allow people to study the
coincidentally falls within the sixty proposal is the sixty (60) to ninety (90)
(60) to ninety (90) days? days.
A. It is allowed. The use of the term
plebiscite does not refer to a day it refers Q. Who has the authority or power
to a process. The day were the to submit the proposal to the people
submission of the proposal in the for the ratification?
plebiscite is defined by the 60-90 day A. The proposal to the people for the
period. That is the definition of the day ratification rests on the congress as a

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legislative body, because the congress is A: A politically organized sovereign
the one empowered under the community independent of outside
Constitution to enact a law setting the control bound by the ties of nationhood
date of a special election. The Congress legally supreme within its authority
is the constitutional organ recognized or functioning through its government
authorized by the constitution to under the rule of law.
appropriate funds that may be used for
the special election. Since this power Q: How did Dr. Garner define state?
belongs to the congress, only the (commonly used definition of state)
congress can make the proper
submission. A: A community of persons, more or less
numerous, permanently occupying a
Q. Who set the date? definite position of territory independent
A. The congress. of external control and possessing a
government to which a great body if
Q. Who will provide the budget of
inhabitants render habitual obedience.
the plebiscite?
A. The congress. Is a state the same as nation?

Q. Supposing there are ten (10) A: No. a state is a legal and juristic
proposed changes to the concept, while nation is an ethnic or
constitution, all these ten proposed racial concept.
changes in the constitution will
Is a state synonymous to a foreign
submitted to the people for
country?
ratification in one day, in one
election, in one plebiscite, can the A: No.
people choose what proposal to
ratify and choose what proposal to According to CIR, in CIR vs Campos
reject? Rueda , since tangier morocco is a
A. If the proposals are in the nature of protectorate therefore it is not
amendment, which is in piece-meal or independent, it lacks an element to
isolated changes to the constitution, the be a state, how did the supreme
people can choose what proposal to court rule?
ratify and what proposal to reject.
If the proposed changes are in the form A: An international person maybe
of revision, it is required that the people considered as a foreign country even if it
accept it in a whole, because every part does not possess all the essential
is inter-related. elements of the state. The SC likewise
applied the rule on reciprocity.
CONCEPT OF THE STATE
What are the essential elements of
Q: What is a state (CIR vs Campos- a state
Rueda) ?
A: 1. People, 2. Territory, 3. Government,
4. Sovereignty

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Recognition by other states is not a pre- A: It is a particular organized assembly of
condition so that an entity can attain the individuals in which according the
status of a statehood. While it is ideal constitution the highest power exist
that the entity may be recognized by
Who may be considered as People
other international entities, it is not
comprising the Philippine State?
required. Apart from recognition, it is also
ideal for an international entity to have A: Any person who is in the Philippines.
attain a certain level of civilization but
Do we confer powers to non-
this is not indispensable.
citizens?
I. PEOPLE
A: No.
In terms of number is there a legal
II. TERRITORY
requirement as to number to qualify
as a People constituting a state? How can a territory be constituted?
A: It must be numerous enough to Does any fixed portion of the earth,
defend themselves and few enough to be inhabited by individuals, may be
easily administered constituted as territory?
Q: So can we say that 300 male No. The fixed portion of the earth must
Spartans can constitute a state be capable of human habitation. It must
because this 300 male Spartan can be able to sustain life.
defend a territory?
As to breadth and dimension is
A: No. The People must constitute both there legal requirement?
sexes to perpetuate themselves.
None. As long as it can accommodate its
How about Vatican City? People.
A: The case of Vatican city is an What is the National Territory of the
extraordinary case because the Philippines?
recognition of the Vatican City as a state
A: The national territory comprises the
was only through the bilateral treaty
Philippines Archipelago, with all the
between the holy see and Italy. Vatican
islands and waters embraced therein,
City is considered as an independent
and all other territories in which the
state by virtue of that treaty as a special
Philippines has sovereignty or
consideration in order to administer the
jurisdiction, consisting of its terrestrial,
political affairs of the Roman Catholic
fluvial and aerial domains, including its
Church.
territorial sea, the seabed, the subsoil,
How did the SC define People in the insular shelves and other submarine
Sanidad Case? areas.

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2017
The last sentence of Article 1 articulates 6. PD 1596 – covers our claim over
the Archipelagic Doctrine the Kalayaan Group of Islands
Q: The definition of territory Under Q. What are the 2 groups of
the 1935 consitution is very territories comprising the National
specific, the 1973 constitution also Territory of the philipines
contains a clause that specifically
A: First group : Philippine Archipelago
contitutionalizes our claim to Sabah
Second group: All other territories over
Bormeo Malaysia, so can we say
which the Philippines exercises
that the general definition of
sovereignty or jurisdiction.
national territory under the 1987
constitution serves as an
So all other territories to which the
abandonment of the territories
Philippines exercises either sovereignty
previously covered by the previous
or jurisdiction. So even if the territory is
constitution?
outside the Ph archipelago but the ph
A: No. the 1987 includes under territories exercises either sovereignty or
previously covered by the previous jurisdiction, that territory is covered by
constitutions the definition of National Territory under
Article 1.
What are the territories previously
defined under the previous
Q. The petitioners in Magallona vs
constitution but not specifically
Ermita are challenging the
included in the definition under the
constitutionality of the baseline law
1987 constitution but are deemed
RA9522 for being violative of the
covered by the general definition?
constitution. Because according to
1. Treaty of Paris – covers cession of the petitioners the entry into the
the Philippines Islands by spain to UNCLOS and the subsequent
the United States enactment of RA 9522 resulted in
2. Treaty between Spain and US at the loss of territories that
Washington – covers Cagayan, previously belong to the Philipines.
Sulu and Sibuto Did the Supreme Court agree?
3. Treaty between US and Great
A: No. UNCLOS 3 and RA 9522 are not
Britain – covers Turtle and
concerned with the loss or acquisition of
Mangsee Island
territory because under the traditional
4. Those contemplated under 1973
modes in international law, territories
Constitution – covers territory
can only be acquired or inversely loss
belonging to the Philippines by
through accretion, prescription, cession,
Historic Title
occupation not through entry into treaty
5. Under 1935 Constitution – Covers
not through enactment of loss. UNCLOS
the Batanes group of Islands
3 is only concerned with sea-use right.

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2017
Q. Why do we need to enact that 2. Contiguous Zone: We have the
baseline Law? right to enforce customs laws, fiscal laws,
immigration laws, sanitation laws.
A: Because all member states of UNCLOS
3 are required to enact the respective 3. Exclusive Economic Zone: Right
local baselines 10 years from May 13, to exploit living and non-living resources
1999.
Q: According to the petitioners the
According to SC RA 9522 amended the use of Archipelagic water also
previous baseline Law in order to violates the constitution because
optimize and to take advantage of the the constitution call this body of
base points so that we can expand our water as internal water, by calling it
maritime zones. archipelagic water, we are now
subjecting our internal water to the
Q: What are the rules in drawing the
right of innocent passage. Did the
baseline under UNLOS 3?
SC agree?
Treaties are not static. We are not bound
A: No. it is merely a statutory tool or
to stay there forever. When we entered
mechanism and it does not change the
UNCLOS 3 that is the controlling treaty.
nature of the internal waters. The
If there is conflict between Treaty of
archipelagic state may pass a legislation
Paris and UNCLOS 3 it is the latter that
as to control those who pass through the
shall prevail because it is the more recent
archipelagic waters.
treaty that we entered into and we are
bound to comply with this treaty because III. GOVERNMENT
of the doctrine pacta sun servanda.
Q: What is a government as defined
Q: what are the different maritime in the case of NACOCO?
zones granted to member states of
UNCLOS 3? A: government refers to the institutions
or aggregate of institution by which an
A: 1. Territorial sea: 12 Nautical independent society makes and carries
miles seaward from the baseline; out those rules of action which are
2. Contiguous Zone: 12 Nautical necessary to enable men to live in a
miles from the tip of the Territorial Sea; social state, or which are imposed upon
the people forming that society by those
3. Exclusive Economic Zone: 200 who possess the power or authority of
Nautical miles from the baseline prescribing them
Q: What is the right of the Q: Is government the same as
archipelagic or coastal state over administration?
these belt of waters?
A: No. An administration are those in
A: 1. Territorial Sea: We have whose hand, the reign of the government
sovereignty over its territorial Sea. are for the time being.

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POLITICAL LAW REVIEW – Gabby Notes
2017
Q: What are the two functions of the 8. Preservation of the state
Government? against outside or external
encroachment and danger and
A: Contituent and Ministrant functions
promotion of international interest
Q: How do we define Constituent
Q: What are the ministrant
functions of the government?
functions?
A: these are functions which constitute
1. Public works
the very bonds of society and are
2. Public education
compulsory in nature
3. Public charity, health and
Q: how about the Ministrant safety regulations
functions? 4. Regulation of trade and
industry
A: these are functions undertaken only
by way of advancing the general interests Q: Can NACOCO a government
of society and are merely optional owned and control corporation
qualify as a public corporation to
Q: What are the constituent
benefit from the exception of
functions as enumerated by
payment of stenographic notes?
President Wilson?
A: No. Notwithstanding the fact that
A: 1. The keeping of order and
NACOCO is performing governmental
proving for the protection of persons and
function, it is not part of the definition of
property from violence and threat;
the government of the Republic of the
2. The fixing of legal relations Philippines because it has a personality
between man and wife and between separate and distinct from the
parents and children government.

3. The regulation of the holding, Q: What are the principles in


transmission and interchange of property determining whether or not the
and determination of its liabilities for debt government shall exercise these
or for crime optional/ ministrant functions?

4. Determination of contract rights 1. When the government should do


between individuals for the public welfare those things
which the private capital would
5. Definition and punishment of
not naturally undertake; and
crime
2. When by its very nature, the
6. Administration of justice in civil government is better equipped to
cases administer for the public welfare
than any private individual or
7. Determination of political
group of individuals
duties, privileges and relations of citizens

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2017
Q: Do we still subscribe to the action in behalf of claimants who are too
traditional classification of the many or claimants who cannot protect
government? their rights. Even if the state does not
stand to be benefited or injured, as long
A: No. In the case of PVTA, the SC
as the purpose of the action is to benefit
categorically declare that we are no
its own people the government has a
longer using the classification of the
personality to initiate an action.
government because of the growing
complexity of the society. The state has Q: What are the different kinds of
to mandatorily render services which are defective government?
intended to promote the general welfare
A: de facto and de jure government.
of the state.
Q: What’s the difference between
Q: What is the manifestation in the
this two types of defective
1987 constitution that the
government?
traditional manifestation of the
functions of the government does A: De jure government is one that
not subscribe upon by the possess title but has no control. De facto
government? government on the other hand is one
that exercises control but lacking legal
A: Under Sec. 5 Art. 2 it provides that the
title. In short usurper.
maintenance of peace and order, the
protection of life liberty and property and Q. What are the instances when the
the promotion of the general welfare are government does not exercise
essential for the enjoyment by all the control?
people of the blessings if democracy.
A: 1. In case when it is withdrawn from
These are ministrant functions that are
it; or
embedded under our constitution.
2. Has not yet entered into its
Q: What do you mean by duty of the
execution. (Transitory
state as Parens Patriae?
government)
A: The state is the guarding of the
Q: In the case of Co kim Chan, the
People.
SC discuss the 3 kinds of de facto
Q: Did the SC in the case of government what are those?
Government of P.I, agree that the
1. De Facto proper- that which takes
government has no legal standing
possession or control of, or
to initiate an action in behalf of the
usurps, by force or by the voice of
beneficiaries of the earthquake
majority, the rightful legal
donation?
government and maintains itself
A: No. As the guardians of the people the against the will of the latter.
state has a legal standing to initiate an

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POLITICAL LAW REVIEW – Gabby Notes
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2. Independent Government- That and effect even during the belligerent
which is established by inhabitants occupation.
of a territory who rise in
The authority of the belligerent
insurrection against the parent
government to enact laws is limited only.
state.
As much as possible they should not
3. De Facto government of
disturb the general peace of the public.
Paramount force- That which is
They can only issue law to the extent that
established by the invading forces
it is necessary in the exigencies of the
of an enemy who occupy a
military service and to protect its armed
territory in the course of war.
forces. (Co Kim Cham)
Q: In the case of Co kim Chan, the
Q: The suspension of Political laws
issue is whether the Philippine
during belligerent occupation, is
Executive Commission government
this absolute?
is a de facto government of
paramount force, did the SC rule A: No. The law on treason remains in
that it is a gov’t of paramount force? effect. This is because the allegiance of
the citizens remain to the rightful legal
A: Yes. Notwithstanding the fact that it is
government.
civilian in nature, there are manifestation
that it is a government of paramount Q: Even during the belligerent
force. First, there is an active occupation, the citizen of the
participation of Japanese government occupied territory our bound to
and Second, there is obedience and in obey the laws of the belligerent
doing so they will not become government. Right?
wrongdoers. Thus even if they follow the
A: Yes.
orders of the de facto government they
will not be held criminally liable by the Q: What are the two manifestation
legitimate government. (subject to the that the Phil. Executive commission
exception as will be discussed later in the is a de facto government? (Co Kim
case of Laurel vs Misa) Cham)
Q: What happens to the laws of the 1. It is actively maintained by
rightful legal government during supported by military forces
belligerent occupations?
2. The citizens are bound to
A: Political laws are deemed suspended obey the laws of the
because the rightful legal government is belligerent government.
not in control. Municipal laws remain in and by rendering
effect because the purpose is to regulate obedience, they are not
the relationship between the people of wrongdoers. They will not
the state so these laws remain in force be prosecuted or convicted

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POLITICAL LAW REVIEW – Gabby Notes
2017
because they are justified processes may only mean legislative
too render obedience. processes or executive processes.
Q: Even in time of peace, a Filipino Q: how about based on substantive
citizen who commits acts ground? What is the reason for
constituting treason may be judicial decisions rendered by the
prosecuted and convicted. Meaning belligerent courts remain in effect
the law on treason is also extra after the cessation of belligerent
territorial. It may be violated by a occupation?
Filipino citizen who is in a foreign
A: the decisions have already created
country and who commits any of the
vested rights therefore they can no
acts constituting of such crime.
longer be disturbed even after the
Right? (Laurel vs Misa)
cessation of belligerent occupation
A: Yes. Because the allegiance is not
Q: after the cessation of the
suspended. Sovereignty is not suspended
belligerent occupation what
therefore the law on treason may be
happens to the laws enacted by the
violated by a Filipino citizen even during
belligerent government?
the belligerent occupation.
A: Only political laws of the belligerent
So even if the Philippines has no exercise
government will be revoked without any
and control in the affairs of a foreign
positive act from the rightful legal
state, if a filipino citizen commits an act
government.
of treason while on a foreign state, he
may still be prosecuted and convicted by Q: Supposing the belligerent
the PH government. government enacts municipal law,
will these municipal law be deemed
Q: Did the SC extend the definition
null and void upon reinstatement of
of processes to judicial decision so
the rightful legal government?
much so that after declaration
judicial decisions rendered by A: No. because these laws already
belligerent government cease to be created vested rights.
effective in the casae of Co Kim
*Under the doctrine of jus posliminium
Cham?
political laws of the government shall be
A: No. applying the doctrine nusiter deemed revived.
assusicis the word associated with other
*Even after the cessation of the
words must be interpreted within the
belligerent occupation, the municipal
context of the words to which it is
laws are not deemed automatically
associated. So the word processes was
revoked. There must be a positive act or
preced by the words laws and
an express declaration from the rightful
regulations. Laws referred to legislative,
legal government that the municipal laws
regulations referered to executive. So

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POLITICAL LAW REVIEW – Gabby Notes
2017
of the belligerent government are 4. Comprehensive
abrogated. 5. Imprescriptible
6. Indivisible
*Political laws need not be expressly
revoked. They are automatically Q: In the case of People vs Gozo the
abrogated upon cessation of the defendant allege that there is an
belligerent occupation. agreement between the US-RP
therefore the laws of the Philippines
Q: Why did the SC said that to allow
are not enforce in that are covered
transfer of allegiance, suspension of
by the agreement. Did the SC agree?
allegiance and the suspension of the
law on treason is a political suicide? A: No. What is granted only to the US
under the agreement is the right to
A: Because if they have allegiance to the
exercise preferential jurisdiction over
belligerent government, the belligerent
acts committed within that area and not
government will use the citizens of its
sovereignty. There is no transfer of
territory to rise against its own
sovereignty under that agreement.
government without incurring any
criminal liability. Q: What is Auto-limitation of
sovereignty?
Q: The suspension of political laws,
does it extend to combatants or A: The Philippines adheres to the
members of the armed forces in principles of international law as a
each side? limitation to the exercise of sovereignty.
A: Yes. They are still bound to obey all *Sovereignty may be considered as a
the political laws of the legitimate proper right of the state. As a property
government. Unlike civilians where right of the state, the state can enter into
political laws are suspended for them. contract with another state whereby it
agrees to share or restrict the exercise of
sovereignty.
IV. SOVEREIGNTY
Q: In criminal law we have learned
Q: What is sovereignty? that embassies are part or
extension of the territory to which
A: The supreme uncontrollable power of they represent. So if you are in US
the state to govern its citizens embassy, it means that you are in
Q: What are the characteristics of the US territory. Is that allowed?
sovereignty according to the case of That a part of the Philippines
People vs Gozo? territory may be given to another
state and may be called a territory
1. Inalienable of that state?
2. Permanent
3. Exclusive

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POLITICAL LAW REVIEW – Gabby Notes
2017
A: What is granted to the sending state provocation, there will be loss of time and
is primary jurisdiction. The host state energy. If people will not be restrained
may exercise jurisdiction when the from initiating action against the state,
sending state did not assume jurisdiction the state will end up just appearing in
or when the act is not one of those court to defend itself against multiple
included in the crime of jurisdiction to the lawsuit.
sending state. So it is not correct to say
The state cannot be sued without its
that Embassies are extensions of the
consent is not bases on any formal
sending state. They remain to be part of
conception but rather on a practical and
the PH territory, only that US government
logican ground that There can be no legal
is given preferential jurisdiction over acts
right against the authority which makes
committed inside that embassy.
the law on which the right depends.
*No inch of Philippine territory can be
Q: State and discuss the basis of the
impregnated by alien color.
Doctrine of State immunity from
STATE IMMUNITY suit.

Q: The 1935 constitution nor the A: It is based on the provisions of the


1973 constitution did not provide Constitution that the State may not be
for the constitutional guarantee on sued without its consent. The doctrine
state immunity and yet we already reflects nothing less than a recognition of
have decisions and case laws the sovereign character of the State and
recognizing the doctrine of state an express affirmation of the unwritten
immunity how is that possible? rule effectively insulating it from the
jurisdiction of courts. It is based on the
A: The principle on State immunity does very essence of sovereignty. Justice
not spring from any formal recognition by Holmes once said that a sovereign is
constitutional system. It is nothing more exempt from suit, not because of any
and nothing less than a recognition of the formal conception or obsolete theory,
sovereignty of the state. but on the logical and practical ground
Q: What is the legal basis of doctrine that there can be no legal right as
of state immunity according to against the authority that makes the law
justice holmes? on which the right depends. True, the
doctrine, not too infrequently, is
A: there can be no legal right against the derisively called “the royal prerogative of
authority which makes the law on which dishonesty” because it grants the
the right depends prerogative to defeat any legitimate
Q: what is the sociological basis of claim against it by simply invoking its
the non-suability of the state? non-suability. It has been explained in its
defense, however, that a continued
A: With the well-known propensity of the adherence to the doctrine of non-
people to go to court at the least

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POLITICAL LAW REVIEW – Gabby Notes
2017
suability cannot be deplored, for the loss Note: par in parem non habet
of governmental efficiency and the imperium (meaning, an equal has no
obstacle to the performance of its authority over an equal)
multifarious functions would be far
greater in severity than the Q: What do you call the process
inconvenience that may be caused done whenever a foreign state is
private parties, if such fundamental sued and pleads its immunity form
principle is to be abandoned and the suit? How is it done?
availability of judicial remedy is not to be A: It is called the process of suggestion.
accordingly restricted. In the Philippines, the practice is for the
Q: What is the basis of extending foreign government or the international
the principle to the foreign state? organization to first secure an executive
endorsement of its claim of sovereign or
A: under par in parem non habet diplomatic immunity. But how the
imperium, a foreign state cannot kneel to Philippine Foreign Affairs Office conveys
our local courts because as an equal, our its endorsement to the courts varies.
courts has no authority over them.
Q: What are the instances when an
Q: Can we say that the recognition action will be deemed to be a suit
of the doctrine of state immunity to against the state?
foreign state apply only when the
complainant is a Filipino citizen and 1. When the Republic is sued by
the defendant is a foreign state name;
which is granted a sovereign
2. When the suit is against an
status? But when the claimant is a
unincorporated government
citizen is a foreign country, suing agency;
before our courts, the doctrine of
state immunity will not apply? 3. When the suit is on its face
against a government officer but
A: Yes. Our courts have no jurisdiction
the case is such that ultimate
against foreign sovereigns because they
liability will belong not to the
are treated as equals with our sovereign
officer but to the government.
state.
It is only prima facie. It may be proven
Note: So the SC in Sanders applied the
otherwise
doctrine of sovereign immunity. The SC
directed our courts not to interfere Q: When the State files a suit, it
because it involves a foreign sovereign waives its right against immunity
even if the claimant is a citizen of that from suit. Is the rule absolute?
foreign state. Why?
A: As a rule, when the sate files a suit, it
becomes vulnerable to suits or

23
POLITICAL LAW REVIEW – Gabby Notes
2017
counterclaims. But not if the State Q: In case of Sandoval, the suit on
intervenes in a suit not for the purpose its face is in the name of the
of resisting the claim precisely because government, why did the SC
of State immunity. entertain jurisdiction over the
controversy?
Q: In a complaint against the State,
the plaintiff failed to allege the A: because while the government is
existence of State’s consent. Is sued, the liability will not lie on the
there any effect of this omission? government but on the public officers in
their personal capacity.
A: Yes. The complaint must allege that
the State gave its consent to be sued, *We can also apply the principle in one
otherwise, it would be dismissed. This is of the instances when the suit is against
so because waiver of the immunity being the public officer but the ultimate liability
in derogation of sovereignty will not be falls on the state.
inferred lightly and must be construed
Q: In the case of Republic vs
strictissimi juris
Sandoval, an administrative order
Q: Can there be an instance when was issued which created the
the suit is against the republic and Citizen’s Mendiola Commission for
yet the doctrine of state immunity the purpose of conducting an
cannot be applied? Or can we say investigation for the disorders,
that whenever the suit is against death, and casualties that took
the republic, the doctrine of state place. Respondents then filed a
immunity will always apply? claim for damages against the
republic and the military officers.
A:
Did the SC held the republic liable?
Q: Supposing Juan Dela Cruz
A: No. The principle of State Immunity
brought a suit against the state to
from suit does not apply in this case, as
compel the performance of an act
when the relief demanded by the suit
mandated by the constitution. The
requires no affirmative official action on
petition is for mandamus to perform
the part of the state in its political
a ministerial act. Can the
capacity, even though the officers or
government invoke state immunity
agents who are made defendants claim
in order to repel the action?
to hold or act only by virtue of a title of
A: No. when the cause of action is to the state as its agents and servants.
perform an act required by law or to Whatever acts or utterances that then
restrain an act which is prohibited by President Aquino may have said or done,
constitution or by law, the doctrine of the same are not tantamount to the state
state immunity does not apply. having waived its immunity from suit.

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POLITICAL LAW REVIEW – Gabby Notes
2017
Q: In so far as suit against the state, compensation whenever the state
the SC in Holy See vs Rosario as well takes private property without
as in the case of US vs Guinto going through the process of
characterize the doctrine of state expropriation?
immunity as a Royal Prerogative of
A: the SC said that Doctrine of state
Dishonesty. Why is it called the
immunity cannot be applied in order to
Royal prerogative of dishonesty?
perpetrate injustice. Particularly so
A: Because by simply invoking state because it is the law that mandates the
immunity, the state can invade legal government to pay just compensation
obligations to individuals or entities. specifically under Sec. 9 of Art. 3 the
government cannot take private property
Q: In the case of Holy See vs without payment of just compensation.
Rosario, the Holy See was sued for
failure to comply with the condition *In essence the SC said in Amigable vs
to evict the squatters. It was Cuenca and Air Transport Office that had
contended, however, that it cannot the government followed the steps in
invoke immunity from suit since it expropriation proceedings, the claimants
entered into a commercial would not have a cause of action against
transaction. Did the SC agree? the government.
A: No. The Holy See is immune from suit Q: so state cannot be sued without
because the decision to transfer property giving its consent. How can the
was clothed with a governmental state give its consent to be sued?
character, as it did not do it for profit or
A: Express and Implied consent to be
gain. The mere entering into a contract
sued
by a foreign State with a private party
cannot be the determining factor Q: What are the kinds of express
whether it is engaged in business or not. consent to be sued?
If the foreign State is not engaged
A: through General Law and Special Law
regularly in business or trade, the
particular act or transaction must Q: What is the difference between
betested by its nature. If the act is in consent through general law and
pursuit of a sovereig activity, or an express consent through special
accident thereof, it is an act jure imperii, law?
especially when it is not undertaken for
A: General law applies to all cases that
gain or profit.
may fall under the requirements in that
Q: What was the ruling given by the law. While in special law it only pertains
SC in the case of Amigable in 1) Not to a particular individual or group of
applying the doctrine of state individuals to whom such special law is
immunity and 2) Making it the granted.
obligation of the state to pay just

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POLITICAL LAW REVIEW – Gabby Notes
2017
Q: Do we have a general law where 3083, same principle applies, we put in
the state give its consent to be Act 3083 it only makes express the
sued? implied principle.
A: Yes. Act 3083 whereby the state Implied waiver
expressly consent to be sued.
Q: What is the restrictive theory all
Q: how about special law? Do we about?
have a special law where the state
A: The state will be deemed to have
expressly gives its consent to be
impliedly waived its non-suability if it has
sued?
entered into a contract in its proprietary
A: Commonwealth Act number 2457 is an or private capacity
express consent to be sued through
Q: In determining whether the
special law which is applicable only to Mr.
transaction is commercial or
Meritt for his claims.
government do court go into the
Q: What causes of action does act nature of the transaction? Like in
3083 cover where the state has the case of holy See the transaction
expressly waive its immunity involve was sale of real property?
through general law?
A: it is the not the nature of the
A: Money claims involving liability arising transaction that is controlling but the
from contract express or implied. regularity of the transaction or the
objective or the purpose of the
Q: Does this act apply regardless of
transaction.
the nature of the functions being
discharged by the government in Q: in the case of Holy See vs Rosario
entering into that contract? the court said that there are two
Whether the government is conflicting theories of state
performing a jure imperii or jure immunity. What are these
gestioni, the suit will lie through act conflicting theories of state
3083? immunity?
A: No we have to determine whether the A: According to the Classical or absolute
contract was entered into in the exercise theory, a sovereign cannot be made a
of jure impreii or jure gestioni. Jure respondent in the courts of another
gestionii yes, suable. Jure impreii no, sovereign without its consent. On the
immunity applies. The cause of action is other hand, in restrictive theory, the
proprietary in character because of the immunity of the sovereign is recognized
clause “that can serve as civil liability only with regard to public acts or acts
between private parties” so the effect of jure imperii of a state, but not with
Act 3083 is that it only makes express regard to private acts or acts jure
what used to be implied. We remove Act gestionis

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POLITICAL LAW REVIEW – Gabby Notes
2017
Q: what are the instance of implied resort to modes of discovery in order to
waiver of State immunity? raise their defenses.
A: Whenever the state commences a Q: PCGG said that under the
litigation in order to claim affirmative doctrine of restrictive theory the
action and when the state enters into a state is deemed to have impliedly
business contract. waived its immunity when the state
enters into a commercial
NOTE: in jure imperii there is no waiver
transaction, can the PCGG apply the
of immunity and no implied consent may
same principle in the initiation of
be derived therefrom.
complaint? That if it applies to
Q: The case of US vs Ruiz involves a contracts, that also applies to
contract for the repair of wharves. initiation of litigation and as such
Is this function, of entering into implied waiver of immunity shall
such contract may be considered as only result when a state commences
jure imprii or jure gestioni? a litigation in the pursuit of its
commercial transaction and not
A: Jure imperii. the projects are an
when it initiates a governmental
integral part of the naval base which is
function. Did the SC agree?
devoted to the defense of both the US
and the Philippines, undisputed a A: No. when the state commences a
function of the government of the litigation, it is deemed to have impliedly
highest order, they are not utilized for waived its immunity without
nor dedicated to commercial or business qualification. So whether it is initiated
purposes. in its governmental or proprietary
functions, implied waiver results. This is
Note: The correct test for the application in compliance with the principle of justice
of State immunity is not the conclusion and fairness because if we will apply the
of a contract by a State but the legal doctrine the restrictive theory only in
nature of the act actions filed in commercial capacity of
the state, there will be an instance when
Q: Did the SC agree that officers of
the government will file an action against
PCGG in the case of Republic vs
individual but the individual cannot
Sandiganbayan, cannot be
answer because that will be considered
compelled to divulge information
as a suit against the state.
through modes of discovery
because they enjoy state immunity? *in raising defenses (by the private
party), it may also setup counterclaims.
A: No. although the charter of PCGG
These counterclaims are not covered by
insulates them from legal actions, PCGG
state immunity because they should be
is the one who initiated the action thus,
allowed to setup their defenses upto the
it is deemed to have impliedly waived its
immunity therefore the defendants may

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POLITICAL LAW REVIEW – Gabby Notes
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extent that they will raise counterclaims Q: Whenever the state gives its
against the government consent to be sued, is it an
automatic admission of liability?
Q: So the defendant can raise
counterclaims against the state. All A: No. The state only gives the plaintiff
kinds of counterclaims? the right to prove his cause of action
Supposing the government filed a Q: What’s the difference between
complaint against the supplier who suability and liability?
is selling firearms to the
A: Yes. Suability depends on the consent
government, the government filed
of the State to be sued, liability on the
an action against the supplier
applicable law and the established facts.
because the items it delivered to the
The circumstance that a State is suable
government were faulty. So the
does not necessarily mean that it is liable,
government is claiming damages
on the other hand, it can never be held
against the supplier amounting to 5
liable if it does not
Million. The defendant setup his
defense that the government is Q: which means that the question of
liable to the supplier for the suability can be determined by
firearms already delivered consent? Express of implied?
amounting to 10 million. The
A: Yes.
supplier said that by offsetting, the
government still owes him 5 Million. Q: While the question of liability?
Is the counterclaim valid?
A: depends on the established evidence
A: No. the claim is for another item thus
*So even if the state consents to be sued,
in essence that is a permissive
the state can still deny liability. It is still
counterclaim. Only compulsory
incumbent upon the plaintiff that liability
counterclaims can be set up by
lies on the state whenever the state gives
defendant sued by the state. permissive
its consent to be sued.
counterclaims are considered as separate
actions, being separate actions, it is not Suits against Public officials
where the state has impliedly waive its
Q: Are acts of public officials within
immunity. It requires another waiver of
the scope of State Immunity?
immunity.
A: Yes
Note: Implied waiver of immunity can
only apply to the cause of action initiated Q: Is this absolute?
by the government. if the cause of action
A: No. Acts committed by public officials
is the firearms, any counterclaim setup
outside the scope of their authority will
by the defendant will only be upto that
not give rise to the concept of state
cause of action. Other cause of action will
immunity. Ordinarily the officer or
be covered by State immunity.

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POLITICAL LAW REVIEW – Gabby Notes
2017
employee committing the tort is Q: Whenever the state gives its
personally liable therefor, and may be consent to be sued, the consent
sued as any other citizen and held operates until what part of the
answerable for whatever injury or proceedings?
damage results from his tortious act.
A: it will operate at all stages of
Note: It is a general rule that an officer- proceedings anterior to the execution
executive, administrative quasi-judicial, stage. Once the court renders a
ministerial, or otherwise who acts outside judgement, the court loses jurisdiction
the scope of his jurisdiction and without over the issue.
authorization of law may thereby render
Q: What is the reason why a
himself amenable to personal liability in a
favorable judgement in an action
civil suit. If he exceeds the power
against the government where the
conferred on him by law, he cannot
government has consented to be
shelter himself by the plea that he is a
sued cannot be executed by the
public agent acting under color of his
same trial court that rendered the
office, and not personally. (Festejo vs
decision? In other words why does
Fernando)
the trial court loses jurisdiction
Q: What are the exceptions when a after judgement?
public officer may be sued without
A: Because public funds can only be used
the prior consent of the state?
for which it is specifically appropriated.
(Sanders vs Veridiano)
Funds can only be used for a specific
1. To compel him to do an act purpose to which it is appropriated.
required by law Without appropriation, public funds
2. To restrain him from enforcing an cannot be used for any purpose even if
act claimed to be unconstitutional the purpose is public.
3. To compel the payment of
*The government has to enact a law
damages from an already
appropriating funds specifically to answer
appropriated assurance fund or
liability. Without any law setting aside a
refund tax over-payments from a
fund to satisfy the liability, the public
fund already available for the
funds cannot be touched by the court.
purpose
4. To secure a judgement that the *there must be a separate consent to
officer impleaded may satisfy by comply with the order of the trial court.
himself without the state having to
do a positive act to assist him *It is only the congress or the local
5. Where the government itself has legislative body to set aside funds to
violated its own laws because the satisfy judgement.
doctrine of state immunity cannot Q: Supposing the government has
be used to perpetrate injustice. already appropriated funds to cover

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POLITICAL LAW REVIEW – Gabby Notes
2017
the award of the trial court. Can the independent of the state. In can further
court issue a writ of execution? Or classified as those created under the
can the court refuse and say that it special law and under the general law.
already lose its jurisdiction Unincorporated government agency has
therefore it cannot issue a writ of no juridical personality separate and
execution? distinct from the government.
A: The court may issue a writ of Q: How to determine the suability of
execution, the court will not lose its this incorporated governmental
jurisdiction because there is already a agency?
fund appropriated to satisfy any award.
A: If the charter provides that the agency
(City of Caloocan)
can sue and be sued, the suit will lie.
Q: Supposing a complaint was filed
*2 personalities of LGU: they can engage
by A against B and incidentally, B is
in governmental and proprietary
an employee of DOJ and the cause
functions.
of action of A is that B did not pay
his loan. A was able to obtain a *The question of suability can be
favorable judgement and A knows answered through their legislative
that B has a benefit which is due to charter
be released one month after the
Q: If the charter of the LGU is silent,
finality of the decision. Can the
how can we determine if that LGU is
court issue a writ of execution to
entitled to immunity or suable?
attach or garnish the benefit?
A: inquire into the function based on the
A: No. Because the benefit is still
purpose for which it was created. If:
considered as public funds. Unless and
until it is given to B, the funds belong to 1. Proprietary: if the purpose is to
the DOJ, the same is not subject to obtain or earn profit: SUABLE
garnishment. 2. Governmental: if the purpose is
for the benefit of public welfare:
Agencies of the government
NOT SUABLE
Q: What are the classifications of
Q: How do we determine the
government agencies for the
suability of this Unincorporated
application of doctrine of state
governmental agency?
immunity?
1. If it performs governmental
1. Incorporated
functions: not suable without the
2. Unincorporated
consent of the state (Sanders vs
Q: What is the difference? Veridiano)
2. If it performs proprietary
A: Incorporated government agency are
functions: Suable (Civil
those that possess a juridical personality
Aeronautics vs CA) except when
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POLITICAL LAW REVIEW – Gabby Notes
2017
the proprietary functions are 4. The rule on the immunity of public
indispensable in the discharge of funds from seizure or
its governmental functions. (Mobil garnishment does not apply
Phil. Vs Customs Arraste) where the funds sought to be
levied under execution are
Note: Even if it exercises proprietary
already allocated by law
functions, if such is incidental to its
specifically for the satisfaction of
primary governmental functions, an
the money judgment against the
unincorporated still cannot be sued
government. In such a case, the
without its consent.
monetary judgment may be
RULES ON MUNICIPAL legally enforced by judicial
CORPORATIONS: processes. (City of Caloocan vs
Judge Allarde)
1. Municipal corporations are suable
because their charters grant them Q: Is mandamus applicable to
the competence to sue and be congress?
sued. Nevertheless, they are
generally not liable for torts A: No. because it will violate the
committed by them in the separation of powers.
discharge of governmental Article 2. PRINCIPLES AND POLICIES
functions and can be held
answerable only if it can be shown Q: What is the title of Art. 2 of the
that they were acting in a constitution?
proprietary capacity. (Municipality A: Declaration of Principles and State
of Fernandez vs Firme) Policy
2. Municipal funds in possession of
municipal and provincial Q: Art. 2 of the constitution is
treasurers are public funds divided into two parts. Section 1-6
exempt from execution. are the principles and 7-28 are the
(Municipality of San Miguel vs policies. What is the difference
Fernandez) between principles and policies?
3. In the absence of appropriate
A: State policies are those not binding
ordinance, the remedy to enforce
but mere guidelines for the state to act
the liability of the municipal
upon.
corporation is through
MANDAMUS to compel the Q: So sec. 1-6 are binding and
enactment and approval of the become obligatory upon the
necessary appropriation ordinance ratification of the 1987 constitution
and the corresponding while Secs. 7-28 are not self-
disbursement. (Municipality of executing and are mere guidelines
Makati vs CA) and require an implementing
regulations?

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POLITICAL LAW REVIEW – Gabby Notes
2017
A: Generally they are non self-executing Q: In Villavicencio vs. Lucban, can
provision with the exception provided for we say that under our democratic
under sec 15,16 and 28. system, the best or good intention
can justify an otherwise
So regardless whether it is section 1-6 or
unauthorized act?
7-28, Art. 2 is generally not a self
executing provision. According to the SC A: No. Although the intention is
in the case of Tanada vs Tuvera, Art. 2 of commendable, the means employed is
the 1987 constitution is regarded as the unlawful because it violated the rights of
general creed of the nation. These are the women and there is no express
just guidelines for the congress in authority to undertake such act.
enacting laws and the courts in
Q: Section 2 Art. 2 declares three
interpreting laws of the constitution.
principles. And these are?
Q: What does Sec. 1 of Art. 2
1. The PH renounces war as an
declare?
instrument of national policy
A: The Philippines is a republican state, 2. Adopts generally accepted
sovereignty resides in the people and all principles of international law as
government authority emanates from part of the law of the land
them. 3. It’s governed by principles of
equality, freedom, justice,
Q: What are the essential features
cooperation and amity with all
of a democratic and republican
nations
state?
Q: Supposing sec 2 of Art 2 does not
A: Representation and Renovation
expressly declare the principle of
Under the concept of renovation, this renunciation of war as an
feature does not allow permanent instrument of national policy. Does
legislation as well as permanent that mean that the PH can now
governmental acts. These governmental engage in aggressive war with other
acts are subject to changes by future states?
government officers.
A: No. because under the second
Q: What are the manifestations of principle, the PH adopts the generally
this two features of democratic and accepted principles of international law
republican state? as part of the law of the land which
means that by incorporation, the PH
1. Ours is a rule of law and not of
accepts the principles of international law
men
which includes renunciation of war.
2. Accountability of public officers
3. Rule of majority Q: there are two modes of localizing
4. Bill of rights international law. What are the two
5. Separation of powers

32
POLITICAL LAW REVIEW – Gabby Notes
2017
ways of extending international law 2. General principles of law
as part of our legal system recognized by civilized nations
1. Incorporation Q: In the case of Kuroda vs.
2. Transformation Jalandoni, did the SC agree that just
because the PH is not a signatory to
Q: What is the difference between
the Hague convention and a belated
the two modes?
member of the Geneva convention,
A: Under transformation, international the PH cannot extend the principles
law is transformed to a domestic law mandated by the two convention?
through a constitutional mechanism such
A: No. Even if the PH is not a signatory,
as local legislation. In incorporation the
this international conventions deal with
international law is part of the domestic
generally accepted principles of
law upon constitutional declaration.
international law, they are deemed to be
Q: Why is there a need to go through part of the law of the land under the
transformation when by mere doctrine of incorporation.
declaration alone (incorporation),
Q: In the case of Agustin vs. Edu did
an international law can become a
the SC sustain the validity of the
part of our local law without any
letter of instruction issued by the
positive act on the part of the
President?
government.
A: No
A:
Q: What happens if there is conflict
Q: What kind of international law
between the local law and
automatically becomes part of the
international law?
law of the land through
incorporation? A: As a rule the municipal law shall
prevail
A: Generally accepted principles of
international law Q: Why? What was the reason given
by the SC in the case of Ichong vs
Q: What is a generally accepted
Hernandez in sustaining the validity
principles of international law?
of municipal law over international
A: Norms which are binding and law?
recognized by all civilized nations.
A: Police power cannot be invalidated by
Q: what are the two aspects of a treaty
generally accepted principles of
Q: Is that absolute? That the
international law?
municipal law shall always prevail?
1. International customary rules
A: No because if the conflict is presented
to international courts, the international

33
POLITICAL LAW REVIEW – Gabby Notes
2017
law will prevail. If the conflict is Q: If there is conflict between a
presented before the municipal courts, treaty and the Rules of court
the municipal law will prevail. promulgated by the SC the treaty
will prevail following the hierarchy
Q: In all circumstances?
of law?
A: No because there are other legal
A: No the Rules of court shall prevail.
principles that has to be considered by
the international tribunals. Same as when Q: In the case of In re Garcia, did the
it comes to municipal courts. court followed the hierarchy of
laws?
Note: If we will give a sweeping
statement and the controversy is raised A: No because it is founded under the
in the international tribunal, then there constitution itself.
will come an instance when the ph will
Q: What is the principle under Sec.
enter into a treaty with another state and
3?
after getting all the benefit of that treaty,
the government will enact a law A: Civilian Authority is at all times
prohibiting compliance with that supreme over the military
international commitment.
Q: What is the manifestation that
Q: Supposing the conflict is not under our constitution, civilian
between a treaty and municipal law authority is supreme over the
but between an executive military under the constitution?
agreement and a municipal law.
1. Commander in chief clause under
Which will prevail? This is the case
Art. 7 Section 18
in Gonzales vs Henchova regarding
2. The requirement that the AFP
the importation of rice, Did the SC
members are duty bound to
upheld the doctrine of lex pesteriori
defend the constitution uncer Sec.
derogate?
5 Art. 16
A: No because the conflict is not between
Q: Can we say that this
two international laws. The conflict is
constitutional principle only applies
between a municipal law and executive
in times of peace? So during war
agreement hence the doctrine was not
military authority rules over
applied. The law shall prevail regardless
civilian?
whether the executive agreement is a
more recent enactment. A: No the constitution states that at all
times, even in extraordinary times, the
Q: Lex posterior derogat priori what
civilian authority remains the same.
does it mean?
Q: What is the objective of the
A: The more recent law shall supersede
Armed forces of the Ph under the
the later law
constitution?

34
POLITICAL LAW REVIEW – Gabby Notes
2017
A: Protect the people and the state government may call upon its citizens to
render this services.
Q: May members of Armed forces
participate in military adventurism Q: What is the reason why the
in order to comply with it obligation existence of war is no need before
as protector of the people and the the government may call upon its
state? citizens to render the services?
A: No. A: If the government has to wait for a
war, it will be too late. The term defend
Q: Can the military armed forces,
under sec. 4 means actual or
who believed that the orders of the
preparatory.
President are unlawful, break the
chain of command because they Q: Supposing the word “personal
believe that the orders is service” is not there in the
unconstitutional and they are constitution, what is the
invoking their duty to protect the implication?
people and the state from such
A: the services must be rendered by the
unlawful order?
citizens themselves and not by
A: representation.
Q: What is the prime duty of the Q: In the case of People vs Lagman,
government in Sec. 4? the National Defense Act is
unconstitutional because it goes
A: Protect and serve the people and the
against their religion. Did the SC
state
sustain the invocation of religion
Q: And what may the government freedom in order to be exempt from
do in compliance with this duty? the National Defense Act?

1. The government may call upon A: No because it is provided that all


the people to defend the state citizen may be called upon to defend the
2. The government may require state. To leave the organization of an
citizens, under the conditions of army to the will of the citizens would be
law, to render personal, military or to make this duty of the government
civil service excusable should there be no sufficient
3. The government may use the AFP men who volunteer to enlist therein.
to repel any threat to its security
Note: Sec. 5 of Art. 2 is a manifestation
Q: The government may call upon that we indeed abandoned the traditional
the people to render services only in classification of the functions of the
case of war? Is that correct? government
A: Regardless whether there is war or Q: Section 6 is?
threat or war or none at all, the

35
POLITICAL LAW REVIEW – Gabby Notes
2017
A: The separation of Church and State Q: Does the separation mean that
the state does not recognized the
Q: What is the meaning of the
influence of religion in shaping
meaning church under Sec. 6 of Art.
human affairs (Aglipay vs Ruiz)?
2?
A: No. The wall of separation is not an
A: Church means Religion
inhibition of the profound reverence for
Q: What is Religion? religion. It is not a denial of its influence
in human affairs.
A: it is a profession of faith to an active
power that binds and elevates man to his Q: What is the wisdom behind this
creator (Aglipay vs Ruiz) separation of state and church as
stated in the case of Estrada vs
Q: Separation of state connotes lack
Escritor? Can we not just merge
of support, so the government
them to create an even more
cannot enact legislations for
powerful institution?
appropriation of funds to support
religion. Since communism and A: The Union will be destructive to both
Taoism are not centered to a belief institutions. The wall of separation is
of a supreme human being, the intended to preserve the integrity and
congress can appropriate funds in dignity of these two great institutions.
order to build temples as symbols Because when together, one may use the
because they are not religion within influences of the other to further their
the context, so the separation does respective interest.
not apply to them?
Q: The constitution mandates the
A: wall of separation. What kind of
wall is mandated by the constitution
Q: In the case of Estrada vs Escritor
to be constructed between these
a system of belief may be
two institutions to maintain the
considered as religion as long as
separation according to the SC in
four elements are present. Which
the case of Estrada vs Escritor?
are?
1. Separationist wall of separation
1. Belief in God or atleast some
a. Strict separationist - where
parallel belief that occupies a
there is an absolute
central place in the believers life
impregnable wall of
2. It must involve a moral code
separation between the
transcending individual belief
church and the state;
3. There must be a demonstrable
b. Strict neutrality - all
sincerity
governmental acts are
4. There must be some
applicable without
associational ties
discrimination hence

36
POLITICAL LAW REVIEW – Gabby Notes
2017
religion cannot be a basis Q: Applying that in the case of
of exemption. Escritor, is the marriage is
2. Benevolent neutrality wall of considered immoral?
separation
Q: What is the objective of the wall
Q: Now we determine if it may be
of separation under the
covered by mandatory laws,
separationist wall of separation
concluding that the arrangement is
based on the jefersonian concept?
immoral can we now impose
A: Under the Jefersonian concept, the administrative and criminal
separation is intended to protect the sanctions because the act is
state from the church. The church is a immoral?
more powerful institution in as much as
A: Not automatic because we apply this
there should be a wall to protect the state
law of separation called benevolent
from the encroachment of the church
neutrality which allows accommodation.
Q: How about under the Benevolent
Note: In determining whether
neutrality?
religious practice is exempted from
A: The status of the institution was the coverage of a general law, we
reversed. The church is the subordinate have to answer the three questions
institution that’s why there should be a under the compelling interest test.
wall to protect the weaker one from the If we answer the three in the
stronger one. Also known as the wall of affirmative, the mandatory
accommodation. governmental act should be applied
to the religious arrangement.
Q: What kind of wall of separation is
consistent with our constitution? Q: What are the three questions?
A: Benevolent Neutrality 1. Whether the statute or
governmental act created a
Q: in determining the propriety of
burden over a religious practice or
the extra marital arrangement in
freedom; (Does administrative
the case of Estrada vs Escritor, what
code and the RPC created burden
standard should be used according
over the arrangement of marriage
to the SC? Should we use secular or
in the case of Estrada vs escritor?)
governmental standard of morality
YES
or religious or ecclesiastical
2. Is there a sufficient compelling
standard of morality?
state interest involved- YES
A: Secular or governmental standard. 3. Did the government in achieving
What applies to one religion must apply its compelling interest used the
to all. least intrusive means so that the
religious freedom is not

37
POLITICAL LAW REVIEW – Gabby Notes
2017
encroached to achieve the 1. Does it inhibit or support religion
governmental interest. – YES 2. There must be some secular
legislative purpose
In order to impose the mandatory law,
3. The act should not foster
the three questions must be answered
excessive entanglement with
yes.
religion
Q: What are the kinds of Benevolent
Q: Under the principle of separation,
Neutrality?
it mandates that one cannot
1. Mandatory benevolent neutrality – interfere with the activities of the
absolute accommodation based other. Does it mean that whenever
on religious freedom there is controversy, the court of
2. Permissive benevolent neutrality – justice cannot adjudicate?
based on some policies (e.g.
A: Generally Yes. In taruc vs Dela Cruz ,
victoriano vs elezano workers
the court said that it cannot assume
association)
jurisdiction over the issue because these
Q: In order to strengthen the wall of are matters which are best address to the
separation the constitution religious authorities because these are
disallows the use of public funds or purely disciplinary in character. One
property for the use of religious exception is provided in one case where
institution. Does that mean that any the court said that it can assume
use of public funds for activity that jurisdiction when the controversy
has some religious color is involves civil rights and property rights.
prohibited by the constitution?
Q: In case of Fonacier which was
A: No in the case of Aglipay and Galces cited in the case of Taruc, the court
the SC said that it does necessarily follow assumed jurisdiction over the
that when a particular governmental acts controversy when it also involves
has some color of religion, it comes expulsion of members. Why?
within the constitutional proscription. If
A: Because the question there are 1.
the color of religion is only incidental to
Whether they were validly ex
the purported governmental act, then it
communicated, 2. Who is the newly
does no come into the ambit of the
designated officers of the church and 3.
constitutional prohibition
Are they compelled or bound to render
Q: In determining the validity of the accounting and to return properties
use of public funds or property for under their administration. Which means
some religious activity, the test to that the resolution of the third issue
be applied is the lemon test as principally depend on the resolution of
discussed in the case of Estrada vs the two. So to determine whether
Escritor. What is this test? petitioner can elect their officers, the
court has to determine whether they

38
POLITICAL LAW REVIEW – Gabby Notes
2017
were expelled or remain as members of Q: What are the important policies
the church. So if they are no longer under Sec. 7 and 8 of Art. 2?
members, they can no longer elect. If
1. Independent foreign policy
they are no longer members they shall
2. Policy of freedom from nuclear
render and accounting and return the
weapons in its territory
properties. So meaning the issue are
related so the court has to determine the Q: Several months ago there was an
exclusion of the members so that it can inquiry as to the revival of the
adjudicate on the property rights involve. bataan nuclear powerplant as the
source of energy. Assuming that the
Q: Does independent foreign policy
move to revive the bataan
under Sec. 7 Art. 2 allow the Ph to
powerplant prospered. Will that not
enter into multilateral treaties with
violate the provision under Sec. 8
other states? Or it is an isolation
Art. 2?
approach? Does it require the Ph to
be isolated from the world? A: No it will not violate because what the
constitution prohibits is the existence of
A: Sec. 7 Art. 2 allow the Ph to enter into
nuclear weapons and not the nuclear
treaties. The constitution does not
power as a source of energy.
provide isolation of the Ph to other
foreign state. Q: The meaning of social justice
varies depending on the
Q: In Tanada vs Angara, the
circumstance of the case. What are
petitioners assailed the treaty the different Concepts of Social
entered into by the Ph. One of the Justice?
issues raised there is the policy on
independent and self-reliant 1. Calalang v Williams – In
national economy as well as the Political Law
independent foreign policy. 2. Almeda v CA – In Agrarian Law
According to petitioners our entry to 3. Ondoy v Ignacio – In Labor Law
treaties violate the independent 4. Salonga v Farrales – In
foreign policy of the constitution did Obligations and Contracts
the SC agree?
A: No the constitutional policy of a self- Q: What is social justice within the
reliant and independent national context of political law?
economy does not necessarily rule out A: Under Calalang vs. Williams Social
the entry of foreign investments, goods justice is "neither communism, nor
and services. It contemplates neither despotism, nor atomism, nor anarchy,”
economic seclusion not mendicancy in but the humanization of laws and the
the international community. equalization of social and economic
forces by the State so that justice in its
rational and objectively secular

39
POLITICAL LAW REVIEW – Gabby Notes
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conception may at least be these cases is not equality but
approximated. Social justice means the protection.” Those who have less in life
promotion of the welfare of all the shall have more in law.
people, the adoption by the Government
Q: in short?
of measures calculated to insure
economic stability of all the competent A: It is not about equality but protection
elements of society, through the
Q: How about in civil law? What is
maintenance of a proper economic and
the concept of social justice in civil
social equilibrium in the interrelations of
law particularly in obligations and
the members of the community,
contracts?
constitutionally, through the adoption of
measures legally justifiable, or extra- A: in the absence of any contractual
constitutionally, through the exercise of commitment or obligation, Social justice
powers underlying the existence of all cannot be invoked to trample on the
governments on the time honored rights of property owners who under our
principle of saluspopuliestsupremalex. Constitution and laws are also entitled to
protection.
Q: In short? Social justice means?
A: The greater good for the greater Q: In the case of secretary of
number national defense vs. Manalo, the
petitioner contends that there is no
Q: What is the obligation of the right to security separate and
owner in the exercise of his distinct from the right to liberty as
property right according to the well as the right against
Supreme Court in the case of unreasonable search and seizure.
Almeda vs. CA? Did the Supreme Court agree that
there is no right to security apart
A: Property use must not only be for the from the right to liberty?
benefit of the owner but of society as A: No the SC did not agree. Under the
well. Property owners cannot exercise universal declaration of human rights
absolute dominion over their property. and civil and political rights, it states that
Q: in labor legislation, social justice the right to security is also equivalent to
the right to be free from fear and threat
is not about equality according to
and intimidation.
the SC in the case of ondoy vs.
Ignacio right? So in labor laws,
Q: Is there any constitutional policy
social justice is?
that allows the extension of this
A: As between a laborer, usually poor human rights declare under this
and unlettered, and the employer, who international conventions?
has resources to secure able legal advice, A: Yes under sec. 11 of Art. 2 the
the law has reason to demand from the guarantee of full respect to human life.
latter stricter compliance. Social justice in

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Q: The SC discuss the 5 types of woman. Moreover, our laws and statues
amparo cases. What are these? are evolving in order to cater to the
1. Amparo libertad the protection of needs of the society.
personal freedom equivalent to the
habeas; the equivalent remedy under Q: But can we not say that in
the Philippines is the writ of Habeas interpreting provisions of the
Corpus for constitution, the contemporary and
2. Amparo contra leyes for the applicable situation at the time of
judicial review of the constitutionality the ratification of the constitution
of statutes; should be considered. So when the
3. Amparo casacion for the judicial Constitutional commission was
review of the constitutionality and drafted, what they have in mind
was a regular marriage a union
legality of a judicial decision;
between a man and a wife. So can
4. Amparo administrativo for the
we not say that since that is the
judicial review of administrative
contemporaneous condition
actions;
existing at the time of ratification of
5. Amparo agrario for the protection the constitution, that provision
of peasants’ rights derived from the should be interpreted accordingly.
agrarian reform process.
Q: What are the constitutional A: No because we only resort to
policies enunciated under Sec. 12 of interpretation when the law is
Art. 2? ambiguous. In this case the law is clear.
If the framers of the constitution intends
1. The sanctity of family as the basic that the marriage shall be between a
institution man and a woman, they would have
2. Protection of the mother and the include so. Moreover, our laws are
unborn dynamic and changing and should not be
3. The support of the government in confined with the situations.
the promotion of moral character
of the youth Q: How did the SC as to the
importance of marriage in human
Q: supposing a law is enacted life in the US case of Obergefell vs
redefining marriage as the union Hodges?
between two persons amending for A: there are 4 reasons why marriage is
that purpose Art. 1 of the Family important
code. Will that be consistent with 1. The personal choice of marriage is
the constitutional policy inherent in the concept of
recognizing the sanctity of family individual autonomy
life? 2. The choice of marriage supports a
A: It will be consistent because the two person union unlike any other
constitution does not provide that the 3. It safeguards children and family
marriage shall be between a man and a

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POLITICAL LAW REVIEW – Gabby Notes
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4. It constitutes social bedrock of Q: Basis?
the community
A: Under sec. 12 the state shall also
Q: Can the congress enact a law protect the life of the mother and the
allowing divorce without violating unborn child from conception
the constitutional policy Q: When does the constitutional
recognizing the sanctity of family protection to the child start?
life as basic autonomous social
institution? A: It starts from the fertilization of the
egg
A: No because it will violate the
constitutional policy. The constitutional Q: Did the SC say that conception is
obstacle for enacting a law allowing implantation not fertilization? In
divorce is section 12 of Art. 2 as well as the case of Imbong vs. Ochoa?
Art. 15 of the constitution in so far as A: No conception is the meeting of the
family is concerned egg and sperm to form a fertilize zygote.
Q: But in both constitutional That is the start of the constitutional
provision there is no specific protection. From that moment, the
prohibition on the concept of fertilized zygote already enjoys the
divorce. These are general policies constitutional protection from any harm.
protecting the sanctity of family life. Any deliberate act to harm that fertilized
Can we say that the constitution do zygote would be unconstitutional any
not expressly nor impliedly prohibit governmental act to harm that fertilized
divorce? egg will be violative of the constitution.

A: Even though there is no express or Q: Why did not the constitutional


implied proscription it will destroy the commission used the word
family in such a way that it will destroy fertilization rather than conception
the sanctity of family life to avoid any controversy?

Q: But can we not say that to stay in A: Because fertilization is a technical


a marriage where two people does term, and because in any event,
not want to stay anymore will be conception means fertilization.
more destructive and will also be Q: Another issue resolved in the
more disadvantageous on the case of Imbong vs Ochoa is the
family? beginning of life. So according to
A: No because the constitution adhere to the SC, we have to determine when
the protection of family life. does life begin. What did the SC
said? When does life begin?
Q: How about abortion? Does the
constitution allow abortion? A: life begins from the moment the egg
meets the sperm
A: No.
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POLITICAL LAW REVIEW – Gabby Notes
2017
Q: What is a scientific or medical A: Yes so long as in trying to save the life
manifestation that from the of the preferred one, the other one dies
meeting of the egg and the sperm to without deliberate intent, that is covered
form a fertilized zygote, there is by double effect principle.
already life?
Q: What is provided under the
A: because this fertilized egg takes double effect principle? Which was
nutrients and this zygote grows. So since extended to political law in Imbong
there is activity, that is the manifestation vs Ochoa?
that there is life
A: So long as there is no deliberate act in
Q: If there is life at that moment, terminating the life of one, the
what kind of life is that? Is that constitutional protection is not violated.
human life? If they will deliberately terminate the life
of one in saving another, that is
A: because that zygote has cells contain
murder/infanticide as the case may be.
46 chromosomes, it is exclusive to
human beings therefore that fertilized Q: Can the congress define what is
egg is a human being because of this abortifacient?
medical proof. In that regard,
A: No the congress has no discretion to
constitutional protection starts at that
define abortifacient
moment.
Q: What are the kinds of
Q: Supposing there is an incident
abortifacient as defined in the case
where the doctors can only save one
of Imbong vs Ochoa?
life, because the mother has a
medical condition that will not allow 1. One that induces abortion
both of them to survive. So the 2. It destroy the fetus in the mother’s
doctor talk to the husband that they womb
cannot save both the wife and the 3. Prevents the implantation of the
child. We can only save one and we fertilized ovum in reaching the
can choose which one to save, the mother’s womb
husband said that doctor I love my
Q: Sec. 13 and 14 is the policy on the
wife very much, then the doctor said
recognition of youth and women.
that we will do all our efforts to save
Currently we have a law affording
your wife. The husband said sorry
special protection for the children
doctor you are getting me wrong, do
and women such as the VAWC law.
all your efforts to save my child. So
Supposing a group of abused
can the doctor in saving the child,
husband filed a petition questioning
deliberately terminate the life of the
the constitutionality of the VAWC
mother?
law on the ground that it violates
the constitution because the VAWC

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POLITICAL LAW REVIEW – Gabby Notes
2017
law grants special protection while Q: In the case of LLDA, the issue is
the constitution only guarantees full the authority of the LLDA to issue
equality not special protection cease and desist order to prevent
would that be sustained by the the dumping of garbage, despite the
court? Can we say that since VAWC fact that the charter does not
does not support equality, can we expressly grant this power. Did the
say that VAWC is unconstitutional SC sustain the authority of LLDA to
because that’s not equality? issue that order?
A: No VAWC is not unconstitutional. A: Yes LLDA may validly issue the order
Equality as provided under the for the protection of the environment and
constitution does not call for uniform or the citizen’s health. The guarantee of a
universal equality. It does not call for balance and healthful ecology carries
uniform application of law. What is only with it a correlative obligation on the part
required is that the law must be applied of the government of non-impairment.
equally among equals. Since the two The government agency tasked with the
groups, men and women are viewed as protection of the environment must
unequal group, the law tends to protect ensure the protection, preservation, and
one in order to level the playing filed. promotion of the environment which
includes the power to issue this
Q: What is the reason given by the
processes in order to esstoped the
SC in Oposa vs Factoran in
further harm to the environment.
concluding that the rights under
sec. 15 and 16 of Art. 2 are equal to Q: supposing the congress enact the
and even greater than those general appropriations act and the
granted under the bill of rights? government gives highest budget
allocation to the payment of loan
A: Because these rights are assumed to
obligations and the budget for
exist from the inception of mankind like
education is only second. Will that
other civil and political rights guaranteed
not constitute a violation in the
under the constitution.
constitutional policy giving priority
Q: Did the petitioners in this case to education, science and
have a legal standing because the technology and the provision in the
case concerns a petition in behalf of constitution for the education to get
the persons who are yet to be born? the highest budget priority?

A: Yes because environmental cases are A: No it will not violate the constitution
extraordinary cases. The right being because the constitutional provision
invoked by the petitioners is a natural giving the department of education the
right and the cause of action is based on highest budget priority is only directory
intergeneration activities and and not mandatory. It will not deprive the
intergeneration justice. congress of its discretion in determining

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POLITICAL LAW REVIEW – Gabby Notes
2017
where to put the money. And secondly, A: No because while bataan
highest budgetary priority does not mean petrochemical industry is a private
highest budgetary allocation. So as long enterprise, the government can regulate
as the state gives priority to education the activities of this private enterprise.
even though it is lower that is allowed by They remain to be subject to
the constitution. governmental regulation especially
because the industry involved is a
Q: Again the case of Tanada vs
petrochemical industry to which other
Angara the petitioners challenged
local manufactures and local raw material
the entry of the PH to the GAPP and
depend on.
WTO agreement based on this
constitutional policy. Did the SC Q: What is the relevance of the story
sustain the petition? of Hercules who battled Anteus in
the case of Association of Small land
A: No because the constitution does not
owners vs. Secretary of agrarian
prohibit the country from participating in
reform. Because in that story,
the worldwide trade liberalization and
everytime Hercules throw Anteus to
economic globalization. Also, because
the ground, Anteus became even
independent and self-reliant national
stronger so what Hercules did is he
economy does not prohibit competition.
held Anteus up in the air and
It does not prohibit the opening of local
crushed him to death. What is the
markets to foreign goods the best of the
relevance of that story in the case of
world that can compete with the best of
Association of Small landowner vs
the PH. What is prohibited is over
Secretary of Agrarian Reform?
dependence on foreign assistance.
A: Hercules represents the landowner,
The primary objective of the
very strong arrogant and powerful.
constitutional policy under Sec. Sec. 19 is
Antheus represents the landtilles, so
for the benefit of the consumer.
humble, look terrible and presumed
Q: The case of Garcia vs BOI, weak. But like in the story, even the
involves the transfer of the site of mighty and powerful landowners cannot
petro chemical plant from bataan to defeat these land workers as long as
batangas. BOI contends that the these landworkers have soil to till. So as
business judgment relative to the long as the feet of these workers are
operation of private enterprises are planted on the ground they are invincible
beyond the control of the but if we remove them from the land,
government. According to the BOI it then they will become vulnerable and
is within the management they may die like Antheus in the story.
prerogative to choose where they
Q: In the case of Association of
want to operate. Did the SC agree?
Agrarian Reform vs Secretary of
Agrariam Reform, the petitioners

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POLITICAL LAW REVIEW – Gabby Notes
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contend that the comprehensive A: Yes because of the word
agrarian reform has never been “collectively”. The constitution said that
tested and on that score it is the state shall undertake a
unconstitutional. Did the SC agree? comprehensive agrarian reform program
whereby the farmers and regular
A: No although the Comprehensive
farmworkers may own directly or
Agrarian Reform Law is experimental, the
collectively the lands that they till. The
purpose of the law is to provide for a
use of the land collectively allows the
sustainable employment for the farmer
ownership in common and this ownership
by giving them conditions which under
in common may be represented by share.
the law are granted to them.
Shares of stock.
Q: Did the SC sustain the validity of
But since RA 6657 was already amended.
the law despite the fact that it
So under existing law, only actual
allows a revolutionary form of
distribution is allowed
payment? Because it is the
government that pays just Q: Prior to 1987 constitution, the
compensation to the landowner and applicable principle in so far as
the farmworker will pay the agrarian reform is land for the
government for this benefit. So the landless. It is still applicable to
Bonds are issued by the government today? Under the 1987
in favor of landowners instead of constitution?
cash. So did the SC agree to this
A: Now it is land for the farmers because
form of payment?
the only beneficiary are those that are
A: Yes it sustained the law because the tilling the land.
comprehensive agrarian reform law is not
Q: What is the meaning of
an ordinary exercise of the power of
autonomy under the constitutional
eminent domain. Because it involves
policy of Sec. 25 Art. 2
millions of hectares and in that regard it
cannot be contemplated if the A: it means giving the local government
government has enough funds to pay units not only more or greater power
just compensation.
Q: Can the congress impair the local
Q: The respondents challenged the autonomy of the local government
validity of the two modes of units by exempting entities from the
distribution, actual and stock option coverage of power of taxation?
distribution. Did the SC allow the
A: Yes. The court said in Basco vs. Pagcor
distribution of stocks instead of
that city of manila, like other municipal
actual distribution of land? Does the
corporation are subject to the control by
constitution allow that kind of
the congress
distribution?

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POLITICAL LAW REVIEW – Gabby Notes
2017
Q: What does decentralization A: Agreement of two unequal states the
mean? associate and the principal where the
associate attaches to the principal for
A: the delegation of powers to the local
some protection but the associate
government unit. But such delegation
maintains its independent international
does not amount to abdication of power
personality.
of the congress. This LGUs remain under
the control of the congress. Q: In the case of pamatong vs
comelec the imposition of
Q: What are the two kinds of
decentralization according to disqualification for those who do
Limbona vs. Mangelin? not have sufficient fund to run a
nationwide campaign and those
1. Decentralization of administration who do not belong to any political
2. Decentralization of power party constitutes additional
Q: What are the difference between requirement or qualification in
the two? violation of Sec. 26 Art. 2. Did the SC
agree that such constitute an
A: In decentralization of administration,
impairment of the constitutional
happens when the central government
delegates administrative powers to policy?
political subdivisions in order to broaden A: No. As long as the limitations on
the base of governmental power. “nuisance candidates” apply to
In decentralization of power, it involves everybody equally without
the abdication of political power in favor discrimination, the equal access clause is
of the local government units declared to not violated. Equality is not sacrificed as
be autonomous. The LGU ceases to be long as the burdens engendered by the
accountable to the government but to its limitations are meant to borne by anyone
people. who is minded to file COC. In the case at
bar, there is no showing that any person
Q: What kind of decentralization is is exempt from the limitations or the
envisioned under the constitution? burdens which they create. What is
A: Decentralization of administration recognized under the phrase “equal
access to opportunities for public office”
Q: Does the local autonomy allow is merely a privilege subject to limitations
associative principle? imposed by law. Section 26, Article II of
A: No it is not allowed because the the Constitution neither bestows such a
concept of association under traditional right nor elevates the privilege to the
international law has a specific meaning. level of an enforceable right.

Q: What is associative principle? Q: Is sec. 26 Art. 2 a self-executing


provision?
A: No.
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POLITICAL LAW REVIEW – Gabby Notes
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the original draft? Which means the
Q: What is the proof according to state shall broaden the opportunity
the SC that Sec.26 requires an for public office?
enabling provision? A: If they approve it, that would compel
A: The latter part of Sec. 26 said “as may the government to create as many offices
be defined by law” which means that for as there are suitors for public service. So
the policy against political dynasty to be as it is worded now, the word broaden is
operative, there must be an enabling now equal access and public office is now
legislation. public service.

Q: But there is no such similar Q: Sec. 7 Art. 7 and Sec 28 of Art. 2,


clause in so far as the guarantee to according to the respondent in
equal access to opportunities for Legaspi vs CSC, is a non self-
public service? executing provision because of the
A: Yes there is none but the provisions phrase “as may be defined by law”
under the Article are generally so since there is such phrase there
considered not self-executing, and there is a need for an enabling legislation
is no plausible reason for according a to make this constitutional
different treatment to the “equal access” guarantees operative. Did the SC
provision. Like the rest of the policies agree?
enumerated in Article II, the provision A: No the SC did not agree. These
does not contain any judicially constitutional provisions are
enforceable constitutional right but selfexecuting. They supply the rules by
merely specifies a guideline for legislative means of which the right to information
or executive action. The disregard of the may be enjoyed by guaranteeing the
provision does not give rise to any cause right and mandating the duty to afford
access to sources of information. The
of action before the courts. An inquiry
duty to disclose the information of public
into the intent of the framers produces
concern, and to afford access to public
the same determination that the
records cannot be discretionary on the
provision is not self-executory.
part of said agencies.

Q: How was Sec 26 originally Q: So what does the phrase “as may
drafted? be prescribed by law” refer to?
A: It provides that the state shall broaden A: It refers to reasonable conditions and
the opportunity for public service. limitations upon the access to be
afforded which must, of necessity, be
Q: What is the implication According consistent with the declared State policy
to commissioner Davide if the
constitutional commission retain
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POLITICAL LAW REVIEW – Gabby Notes
2017
of full public disclosure of all transactions arouse the interest of the individuals as
involving public interest. distinguish from mere curiosity.

Q: In the case of Province of Q: In the case of Legaspi vs csc the


Cotabato, the right to information information sought was?
under Sec. 7 of Art. 3 and full public A: The civil service eligibilities if the
disclosure under Sec. 28 Art. 2 are in sanitarians in Cebu
splendid symmetry. Why did the Q: Is it one of public interest or
Supreme Court said that they public concern?
complement each other? A: Yes because the performance of the
A: Sec. 7 grants the right to information services of the public officers will affect
while the other guarantees or imposes an the lives of the petitioner. Therefore it is
obligation on the government that once one of public interest because the
the people exercise the right to information sought affect the lives of the
information, the government will disclose person invoking the information.
such information. Sec. 7 becomes
operative only when somebody invokes Q: In the case of Legaspi vs CSC, did
the right, while sec. 28 of Art. 2 is the SC agree that the custodian can
operative even if no on invokes the withhold or outrightly prohibit the
information. information maintain by them?
Q: Before Sec. 28 maybe applied, A: No they can only regulate the means
there are two questions that must to access the information but they cannot
be answered according to the SC in include the prohibition on right to
the case of Legaspi vs CSC. What are information.
the two questions that must first be
answered in order that the Q: May the custodian of public
guarantee of full disclosure records issue a regulation allowing
becomes operative? only inspection of certified true
1. Is the information of public copies of the documents maintained
interest or public concern by them?
2. Whether there is a law prohibiting A: To prevent damage or loss of record
disclosure of the information or document
So if a researcher wants to study the life
Q: When is an information or of Rizal he cannot demand the National
transaction imbued with public Library to give the original manuscript to
interest or concern? him. The National Historical Commission
A: When the information or transaction will just show a faithful reproduction of
directly affects the life of an individual or the original.
it is of such nature that generally it will
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Q: May the custodian issue a Q: In the case of Chavez vs PCGG
regulation allowing the inspection the SC enumerated 4 classes of
of records contained by them from 8 information which maybe validly
am to 12 noon? withheld from public disclosure
A: Yes so as not to unduly interfere with because of the nature of these
the official functions of the custodian information. What are those?
1. National Security matters and
Q: May the custodian mandate that intelligence information
the inspection shall be limited to (under international customary
one hour per person? law, these kind of information are
A: Yes to allow other people who are property of the state which the
equally entitled to exercise the right of state may withhold from being
information. inspected by the individual.)
2. Banking transactions and
Q: Custodians cannot prohibit, they Trade Secrets even if there is no
can only regulate. Only the congress bank secrecy of law, the nature of
can prohibit. So does that mean this transaction demand that they
whenever there is no law should be private and confidential
prohibiting or restricting the 3. Criminal matters
disclosure of information, the right 4. Other confidential matters
to information is absolute? (executive sessions in both house
A: No even if there is no law prohibiting of the congress, close door
the disclosure, the government can cabinet meetings, in the judiciary
validly withhold the disclosure of – the internal deliberations of the
information. SC)

Q: When? Q: Does the right to public


A: If it endangers national security; information extend to GOCCs?
A: Yes in the case of Valmonte vs
NOTE: So the first thing you need to Belmote, the SC ruled that the disposition
identify is whether the information is or the use of the funds of gsis being a
imbued with public interest, if yes, gocc whose contributions come
whether there is a law that prohibits the employees of the government is one of
disclosure, if none, then the right to public interest or public concern.
public disclosure becomes operative.
Except if the information belongs to Q: The request of the petitioner is
classes of information that may be validly that they be given a list of the
withheld from public disclosure. members of the batasang pambansa
belonging to political law LABAN
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POLITICAL LAW REVIEW – Gabby Notes
2017
who are able to secure clean loans A: the term “transaction” includes any
through the intercession or transaction even the steps leading the
marginal loans of first lady Imelda consummation of the transaction.
Marcos. Is that a valid demand in
the exercise of the right of public Q: What was the reason given by
disclosure? the SC why the people need not wait
A: The exercise of the right to before they people can exercise the
information, an individual may only be right to information or before they
given access to the information but he can demand the guarantee of full
cannot demand for abstracts or public disclosure?
summaries. A: Because it may be too late, because
the people may no longer voice out their
Q: In the case of Sarmiento vs opinion in the transaction in the hope
Morato the respondent contends that the transaction may be remedied.
that the voting slips of the members
of the MTRCB is private and INHERENT POWERS OF THE STATE
confidential in character and as
Q: What are the three inherent
such they cannot be disclosed
powers of the state?
without the consent of the one who
executed the voting slip did the SC 1. Police power
agree that this document is private 2. Eminent domain
and confidential? 3. Taxation
A: No they cannot be considered as Q: What is POLICE POWER?
private and personal in character
A: It is the power of the State to
because the decision of the MTRCB is
regulate liberty, and property for the
public in character. It is covered by the
promotion of General Welfare.
guaranteed of full public disclosure.
Q: What is POWER OF EMINENT
Q: Does the term “transaction” DOMAIN?
under Sec. 28 of Art. 2 as well as A: It is the power of the State to
under Sec. 7 Art. 3 refer to forcibly acquire private property, upon
consummated transaction? payment of just compensation, for
some
intended

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for public use. Taxation is intended for a PUBLIC
USE OR PURPOSE is therefore
Q: And what is POWER OF
WHOLESOME.
TAXATION?
A: It is the power to demand from the
members of society their proportionate Q: What is the meaning of Police
share or contribution in the power in the case of PASEI vs
maintenance of the government. DRILON?

Q: What are the similarities A: The power of the state to promote


between there inherent powers? public welfare by regulating or
restraining the use of liberty or private
1. They are INHERENT in the State
property
2. They are methods by which
STATE INTERFERES WITH Q: What are the two elements of
PRIVATE police power?
RIGHTS.
1. The imposition of restraint upon
3. They all presuppose an liberty or property
EQUIVALENT COMPENSATION for 2. In order to foster common good
the private rights interfered with.
Q: In the case of PASEI vs Drilon,
4. They are EXERCISED primarily BY the SC said that police power is not
THE LEGISLATURE. capable of exact definition. Why?
A: In order to underscore its all-
Q: And what are the differences? comprehensive embrace.
1. The Police power REGULATES Note: The police power of the State is a
both LIBERTY and PROPERTY. power coextensive with self-protection,
The Power of Eminent Domain and it is not inaptly termed the 'law of
and the Power of Taxation affect overwhelming necessity.'
only PROPERTY RIGHTS.
2. The Police Power and Power of Q: What are the legal principles
Taxation may be EXERCISED which constitute the basis of this
ONLY BY THE GOVERNMENT. The constitutional power?
Power of Eminent Domain may be 1. salus populi estsuprema lex ( Let
EXERCISED BY SOME PRIVATE
the good of the people be the
ENTITIES.
supreme law)
3. The property taken in the exercise
2. ic uteretu et alienum non laedas
of Police Power is DESTROYED
(subordination of private rights
because it is NOXIOUS or
to the common good or common
INTENDED FOR A NOXIOUS
PURPOSE. The property taken welfare)
under the Power of Eminent
Domain and the Power of

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Q: The SC said in PASEI vs Drilon particular class, require the interference
that police power constitutes an of the State
implied limitation to the bill of
Q: While lawful means require
rights. Why?
that?
A: Because even the Bill of rights does A: The means employed are reasonably
not purport to be an absolute guaranty necessary to the attainment of the
of individual rights and liberties. Even object sought to be accomplished and
liberty itself is not an unrestricted not unduly oppressive upon individuals.
license to act according to one’s will.
Q: What is the lawful subject of
Q: The Supreme Court said that Police power in general?
there can be no absolute power
A: The Lawful subject of police power is
and yet there could be no absolute
anything that affects public interest.
liberty. Why?
Q: Is right to travel in the case of
A: Because there can be no absolute
PASEI vs Drilon, a lawful exercise
power, whoever exercises it, for that
of police power?
would be tyranny. Yet there can neither
be absolute liberty, for that would mean A: Yes it is within the scope of police
license and anarchy. power
Q: What is the scope of police Q: Can this exercise of Police power
power? be delegated?
A: The Police power of the state is far A: Yes while it is inherent in congress,
reaching in scope. It is co extensive with this power may be delegated under a
self-protection and preservation and as valid delegation.
such it is the most positive existent and
Q: Exercise of a lawful business? Is
illimitable.
this a lawful subject of Police
Q: The SC in the case of Lozano vs power?
Martinez said that in the exercise
A: Yes
of the police power of the state, it
must comply with two tests, which Q: In the case of Ichong vs
are: Hernandez the issue here is the
validity of the Retail trade Act
1. Lawful subject
which regulate retail trade and
2. Lawful means
localize the retail trade. Why is it a
Q: How does lawful subject valid governmental act?
applies?
A: Because it is a vital industry. There is
A: the interests of the public generally, a high risk if it would rest to the hands
as distinguished from those of a of alien retailers.

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Q: How about commercial two tests in order be considered as
documents like check according to a valid exercise of police power?
the case of Lozano?
A: No both must be complied with.
A: Yes because it is considered as
Q: In the case of Ynot, under EO
substitutes for money and for the
626 only 7 year old male carabao
government not to regulate these
may be slaughtered, only 11 year
commercial documents would have the
old carabao may be slaughtered.
effect of impairing the dignity of banking
EO 626 A, has the same objective
transaction
as that of EO 626 which have
Q: How about choice of profession? already been sustained by the SC,
Is it within the valid subject of EO 626 A should also be considered
Police Power according to the case as a valid exercise of police power.
of Department of Education Did the SC agree?
Cullture and Sports vs. San Diego ?
A: No. Under EO 626 A there is no
A: Yes
rational connection between the object
Q: Why? What is the reason given of the law and the means employed.
by the SC in sustaining the validity The objective of the law is to prevent
of the 3 flunk rule under the NMAT the indiscriminate slaughtering of
Test? Carabaos and the means employed by
EO 626 A is the prohibition of
A: Yes. It is the responsibility of the
transportation of Carabaos and
state to ensure that the medical
Carabeefs from one province to another.
profession will not be infiltrated with
There is no nexus between the two
incompetents to whom the patients and
since for the carabao to stay in one
ward entrust their lives. A person cannot
province does not increase in protection
insist on being a physician if he will be a
because it can be slaughtered in that
menace to his patient. If a person who
province easily as in any other province.
wants to be a lawyer may be proved
In the same manner, the transfer of the
better to be a plumber, he should be so
carabao does not increase the risk of
advised. Of course he cannot be
slaughter.
compelled to be a plumber and yet he
cannot force his entry into the bar. Q: The state has police power,
eminent domain and power of
Q: The SC compared a lawyer to a
taxation. Do these powers leave in
plumber. Is there any connection at
different planets?
all? Or is that a random
comparison? A: In the old rule, once an inherent
power is exercised, the other two
Q: Is it enough that a government
inherent power cannot be exercised.
act must comply with one of these
Under prevailing principle now allows

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2017
the comingling or the exercise of these police power only allows regulation
3 inherent power simultaneously. but not taking?
Q: In the case of Lutz vs Araneta, A: No. Properties may also be taken in
the petitioner challenged the exercise of police power.
commonwealth act 567 which
Q: Currently we have a law which
imposes taxes on production of
prohibits the possession of illegal
sugar on the ground that it violates
substances and anyone found to be
the principle on uniformity of
in possession of these substances
taxation?
may face criminal sanction. Is that
A: There is no violation of uniformity of regulation or is that taking?
taxation, because taxation was used as
A: Properties may not only be regulated
an implement of police power.
but may also be taken in the exercise of
Therefore the principle of uniformity is
police power. The only difference is that
not applicable. The true test that is
only properties intended for noxious
applicable is the test for the valid
purpose may be taken under police
exercise of police power.
power.
Q: When can we say that a tax
Q: In the case of Quezon city vs
measure is enacted by the state in
Ericta, the LGU imposed a
the exercise of its police power
compulsory donation of 6% of total
using its power of taxation as an
area of every memorial park in the
implement and when can we say
City to be used for the burial of the
that it is only an exercise of power
pauper residents. It intends to
of taxation?
exercise its police power for the
A: If the objective of a tax measure is to compulsory donation. Did the SC
regulate an activity or a taxable article, allow it?
it is in exercise of police power, using
A: No it is not in the exercise of Police
only the power of taxation as an
Power. The taking of private property is
implement. If the objective is to raise
for public use, it amounts to taking in
revenue, the tax measure is enacted in
the exercise of Eminent Domain.
the discharge of exclusive and pure
power of taxation. Q: What is the purpose of taking in
Police Power?
Q: In the case of Quezon City vs
Ericta, the SC said that while A: The purpose is for regulation and for
property may be regulated to a the property to be destroyed.
certain extent, if it goes too far, it
Q: In the case of Manila Memorial
will be recognized as taking. Does
Park vs. DSWD, this involves the
that mean that the exercise of
grant of discount to senior citizen,
prior to its amendment, any

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POLITICAL LAW REVIEW – Gabby Notes
2017
discount extended by a private owner a just compensation to be
enterprise to Senior citizen will be ascertained according to law.
considered as tax credit. So
Q: Under Sec 9 of Art. 3 private
meaning when the private
property should not be used
enterprise extended 20 pesos
without just compensation. Can we
discount to senior citizen, that 20
say that this is the basis of the
pesos discount will be deducted
exercise of power of eminent
from their tax due, but when the
domain?
law was amended the discount was
A: No because the basis is necessity.
only treated as deductible expense
Which means that Sec. 9 Art.3 is not the
prior to tax which means that the
foundation nor the basis of exercise of
private enterprise will not recover
eminent domain but only a limitation on
everything, it can only recover upto
the exercise of the power of eminent
32%. 68% extended will not be
domain.
recovered anymore so the
petitioner contend that there is
Q: The power of Eminent is the
undue taking without payment of
highest and most exact idea of
compensation. Did the SC agree?
property remaining in the
A: No the SC said that there was no government. What does it mean?
taking involve. The regulation is in the A: Because under this power, all
exercise of police power. The court held properties are reserved to the
that while the Constitution protects government. That whenever these
property rights, the petitioners must private properties will be needed by the
accept the realities of business and the government at some future time, the
State, in the exercise of police power, government may take these properties
can intervene in the operations of a for public use upon payment of just
business which may result in an compensation.
impairment of property rights in the
process. Q: is the power of eminent domain
and expropriation the same?
EMINENT DOMAIN
A: No. Eminent Domain is an inherent
Q: What is this power all about? power, while Expropriation is the
exercise of eminent domain.
A: It is the right, authority or
power of the State as sovereign, Q: How do we exercise this power?
or of those to whom the power
A: By filing a petition
has been lawfully delegated to
take private property for public Q: What are the requisites in
use upon observance of due exercising the power of eminent
process of law and paying for the domain?

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POLITICAL LAW REVIEW – Gabby Notes
2017
1. The property taken must be private Q: What property may be
property; expropriated?
2. The taking must be within
constitutional sense; A: Private property only
3. The taking must be for public use Q: Does that mean that properties
4. Just compensation must be paid; registered in the name of the
5. There must be due process of law. republic are no longer valid subject
of the exercise of the power of
Q: Is the question of necessity eminent domain?
justiceable or political question? A: No, properties registered in the
A: It depends. If exercised by name of the republic may also be
Congress, it is a political question. If expropriated. The ultimate requirement
exercised by a delegate under is that it must specifically alleged in the
specific delegation, it is also a petition that such property is registered
political question. If it is exercised in the name of the republic.
by a delegate under general Q: How can it happen? Where the
delegation it becomes a justiciable property subject to the
question expropriation of the government
Q: In the case of City of Manila vs may be expropriated by the
Chinese community of Manila, the government?
petitioner contends that the A: In cases where the government
expropriation cases, there are only owns the property but the said property
two issue, one is the authority of is in the possession or its interest
expropriation and second that belongs to a private person as in the
amount of just compensation. That case of lease. Where the government
once the authority to expropriate enters in a contract of lease with a
is established, the only remaining private person for 10 years and on the
question is the amount of just 5th year the government needed such
compensation. Did the SC agree? property. The government cannot just
A: When the power is exercised by the violate the contract so it must buy out
delegate, the courts of justice may the contract in the form of the power of
determine aside from the basis of eminent domain.
authority, the proper exercise by the Q: How about property already
delegate, whether it complies with the devoted for public purpose? Can it
delegation. So it also includes the be expropriated?
question of necessity or propriety for
the exercise of the power of Eminent A: No. according to the case of City of
Domain. Manila vs Chinese Community, property
already devoted for public use cannot

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POLITICAL LAW REVIEW – Gabby Notes
2017
be expropriated by Municipal A: Yes. The statement of Justice Cruz
Corporation under a general delegation. that money cannot be the subject of
expropriation only applies to money of
Q: How about if it is the congress
legal tender.
who exercise it?
Q: What kind of services can be
A: If it is the congress who is the
expropriated? This is the only kind
expropriator or it is exercise by a
of services which may be
delegate under a specific delegation,
expropriated according to the SC in
the property already devoted for public
the case of Republic vs PLDT?
use may be the subject of
expropriation. A: Public Utility services
(Transportation, light, power,
Q: What kind of private properties
telecommunications and the like)
may be expropriated?
Q: How about size? Does size
A: Real, personal, Tangible or
matter?
intangible. Any private party capable of
human dominion. A: No according to the case of
Sumulong vs. guerero the size of the
Q: How about services?
property does not matter. The SC
A: In the case of Republic vs PLDT the applied the number of persons to be
SC allowed the expropriation of the benefited in determining the valid
services of PLDT. It may be considered exercise of power of eminent domain.
as private property therefore may be a
Q: Does taking in eminent domain
subject of expropriation upon payment
requires transfer of the title of the
of just compensation.
property to the expropriator?
Q: Are there any exception to the
A: No it is enough that the owner is
rule that any property may be
prevented from benefitting from the
expropriated?
property
A: Yes chose of action and money. In
Q: Does it require transfer of
so far as choses of action, these have
possession?
not yet ripen into a right but a mere
expectancy. In so far as money, it is not A: No as long as the owner is deprived
subject to expropriation because it will of the beneficial use of the property.
result to an absurd situation where the
Q: In the case of People vs Fajardo,
government will take money and the
was there taking in eminent
just compensation will be in the form of
domain?
money.
A: Yes there was taking in the concept
Q: So this includes US dollar?
of Eminent Domain because the
Because it is considered as money?
property taken was wholesome and not

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POLITICAL LAW REVIEW – Gabby Notes
2017
noxious. The accused remain to be the property for a term of one year),
owner and in possession of the property we have June 30 1956 (Heirs of
but he cannot devote it to any the owner refused to renew the
reasonable purpose. contract), June 26 1959 (the
government case for
Q: The SC said that the accused’s
expropriation), August 10 1959
position is worse than a person
(The court issued the writ of
totally deprived of his property.
possession in favor of the
Why?
government). When was there
A: Because Fajardo still has the burden taking under these circumstances?
of paying property taxes yet he cannot
A: On July 1, 1947, the second element
use or benefit from the property.
and fifth element were not present.
Q: In the case of Castelvi the SC These elements are present on June 26
enumerated the elements of taking of 1959 when the government initiated
in eminent domain. These are? the expropriation proceedings.

1. The expropriator must enter a When the government disposes a


private property. property owner from his landholding
2. The entrance into private that will not be considered as a valid
property must be for more than exercise of expropriation. Any taking
a momentary period. prior to the filing of petition for
"Momentary" means, "lasting expropriation is unconstitutional.
but a moment; of but a
Q: how should doubts be resolved
moment's duration"
whenever there are doubts in
3. The entry into the property
expropriation?
should be under warrant or color
of legal authority. A: It should be resolved against the
4. The property must be devoted to expropriator and in favor the property
a public use or otherwise owner.
informally appropriated or
Q: In the case of PPI vs Comelec
injuriously affected.
the SC said that there was taking.
5. The utilization of the property for
In this case all newspaper
public use must be in such a way
publishers are required to give the
as to oust the owner and deprive
comelec space free of charge. In
him of all beneficial enjoyment of
Telebap, an almost identical case,
the property.
all television and radio stations are
Q: In republic vs Castelvi there are required to give comelec free
several dates which are being space without any consideration.
considered as the date of taking SC said in PPI that the regulation
July 1 1947 (when the lease of the or act of the comelec is

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POLITICAL LAW REVIEW – Gabby Notes
2017
unconstitutional because that considered and not the incidental
amounts to taking without just consequences.
compensation. While in telebap the
Q: In the case of Manosca vs CA
SC said that it is a valid regulation.
the petitioner is painting religious
Why is there a difference? Why is it
color to the acquisition of birth site
that when it comes to newspaper,
of Felix Manalo, the founder of
there is taking while when it
Iglesia ni Cristo. The property was
comes to Television or Radio
sought to be expropriated for the
stations, there is no taking?
construction of the marker
A: In PPI there was taking, in Telebap because they recognized the
there was no taking because in the contribution of Felix Manalo in the
latter, the act only constitute regulation. Ph culture. Will the fact that a
The newspapers are owned by the certain religious organization will
publishers and as such it amount to benefit more, make the
taking of private property. In so far as expropriation unconstitutional.
radio and television station, they do not
A: No because the primary objective of
own the airwaves, the airwaves remain
expropriation in this case is the
to be the properties of the government
influence that Felix Manalo has
hence may be regulated by the
contributed to the shaping of Ph
government.
culture.
Q: Is public use in eminent domain
Q: What is just compensation in
the same as use by the public?
Eminent domain?
A: In the case of Sumulong vs
A: Just compensation means the value
Guerrero, the traditional concept of
of the property at the time of the
public use in eminent domain has
taking. It means a fair and full
already evolved. While traditionally,
equivalent for the loss sustained. All the
public use means those that are
facts as to the condition of the property
available to the public like roads, public
and its surroundings, its improvements
plaza, the SC said the expanded
and capabilities, should be considered.
concept of public use provides that as
long as the purpose of the taking is Q: Can we say that just
public, then the power of eminent compensation is equivalent to the
domain comes into play. So even fair market value of the property
indirect advantage enjoyed by the taken?
public, is considered now as for public
A: No it is just one of the aspect which
use. Also In the case of Manosca vs CA
should be considered in arriving just
the court said that in determining
compensation.
whether the taking is for public use, it is
the primary objective that should be

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Q: According to the SC in determining just compensation in
Sumulong vs Guerrero, the factors eminent domain cases which could
in determining just compensation either be the zone valuation of the
include? property or the assessed value for
tax purposes whoever is lower. Is
1. Potential use of the property
that a correct determination of just
2. Condition of the property
compensation? This is the issue in
3. Improvements introduced in the
the case of EPZA vs Dulay (only
property
that the determination was made
4. Assessed value of the property
by the President).
for tax purposes (Case of EPZA)
A: No. in the case of EPZA vs Dulay,
Q: If the property is partially
P.D. No. 1533, which eliminates the
expropriated, aside from these
court's discretion to appoint
factors, what are other factors
commissioners pursuant to Rule 67 of
which must be considered by the
the Rules of Court, is unconstitutional
court?
and void. The method of ascertaining
A: Consequential benefits and just compensation under the aforecited
consequential damages. decrees constitutes impermissible
encroachment on judicial prerogatives.
Q: What do we do with this
consequential benefit or Q: In the case of Sumulong vs
consequential damages? Guerrero the petitioner contends
that just compensation should be
A: The commissioners shall assess the
the assessed value for tax
consequential damages to the property
purposes. Applying the principle of
not taken and deduct from such
estoppel where a party derives
consequential damages the
benefit from a statement he cannot
consequential benefits to be derived by
at a certain date disown the
the owner from the public use or
statement. In applying the
purpose of the property taken. But in
principle the property owners
no case shall the consequential benefits
derive benefit through the
assessed exceed the consequential
assessment value is very low, so if
damages assessed, or the owner be
they are very low, they will only
deprived of the actual value of his
pay low tax. But when the
property so taken.
government need their property
Q: Who determines just for public use, they are saying the
compensation? valuation is low. So estoppel. Did
the SC agree?
A: The courts
A: No the just compensation means the
Q: Supposing the congress enact a actual, full and fair equivalent of the
law providing the manner of

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POLITICAL LAW REVIEW – Gabby Notes
2017
property at the time of the taking. The if the just compensation was not
assessment value for tax purposes were made?
only based on generalities, properties
A: Yes under the new rule, if the
were classified in general characteristic.
government failed to pay within 5
They do not reflect the true condition of
years, it has to return the physical
the property for tax assessment
possession of the property to the
purposes therefore it cannot apply in
private owner
expropriation.
Note: Notwithstanding the ruling in
Q: What are the actions that may
Republic vs. Lim, the general rule
be done by the courts on the
remains that non-payment of just
reports of the commissioner?
compensation regardless of the number
1. Accept in toto of years that have passed shall not
2. Reject in toto entitle the property owner to recover
3. Partially accept, partial reject physical possession. The remedy of the
4. Recommit to other owner is to demand payment if just
commissioners compensation together with penalties,
interest.
Q: How may commissioners can be
appointed? Republic vs Lim is only an exception to
the general rule because of its special
A: Atleast 3
factual circumstances. 57 years have
Q: Supposing the court believes passed yet the government failed to
that the presiding judge is the best pay the just compensation and more
appraiser in the world. He does not importantly the land was expropriated
need the assistance of the but after 57 years only few
commissioner. May he dispensed infrastructures were introduced.
with the appointment of the
Q: Supposing the government
commissioners?
expropriated Juan dela cruz. The
A: No because under the rules of court, purpose was to construct a road.
reception of evidence for the The expropriation court which
establishment of just compensation is became final and order the
delegated to the commissioner. government to pay just
compensation which it paid. After
Q: Who owns the property prior to
57 years the government never
the full payment of just
constructed the road.
compensation?
A: No because the government paid it
A: Property owner
in full. The government therefore can
Q: Can the property owner recover exercise full dominion over it. We will
physical possession of the property only apply Republic vs Lim if there is no

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POLITICAL LAW REVIEW – Gabby Notes
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transfer of title yet and there is nothing Q: Can the Local legislative council
in the order that limits the use of the delegate to power of expropriation
property. to the vice mayor or appoint any
other local officer?
Q: What are the requirements for
the valid exercise of eminent A: No because when it comes to
domain by LGUs? exercise eminent domain by the
congress, the congress has a lot of
(1) An ordinance is enacted by
options, the congress can exercise it,
the local legislative council
delegate it but when it comes to LGU
authorizing the local chief
the exercise is restrictive. It can only be
executive, in behalf of the
LGU, to exercise the power done by the LGU enacting an ordinance
of eminent domain or and delegating such power to the
pursue expropriation mayor and to nobody else and the
proceedings over a delegation must be specific.
particular private property. Q: Why is there such a difference?

(2) The power of eminent


domain is exercised for
Q: What is taxation?
public use, purpose or
welfare, or for the benefit of A: Taxation is an enforced proportional
the poor and the landless. contributions from persons and
property, levied by the state by virtue
(3) There is payment of just of its sovereignty for the support of the
compensation, as required government and for all its public needs
under Section 9, Article III
of the Constitution, and Q: What is the principle governing
other pertinent laws. Power of Taxation?

A: Lifeblood doctrine.
(4) A valid and definite offer
has been previously made Q: Aside from taxes, the
to the owner of the government also levies money in
property sought to be the form of fees. What is the
expropriated, but said offer difference between fees such as
was not accepted. license fees to taxation?

A: License fee is a police measure while


Taxes is a revenue measure. The
Q: Is resolution not enough to Amount collected for a license fee is
authorize expropriation? limited to the cost of permit and
A: No it is not enough Ordinance is not reasonable police regulation while
synonymous to resolution.

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POLITICAL LAW REVIEW – Gabby Notes
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Amount of tax may be unlimited so long less, earn more. We cannot adopt this
as it is not confiscatory. kind of system of taxation

Q: Chief Justice Marshall said that Q: In the case of Sison vs Ancheta


the power to tax includes the the issue here is the different
power to destroy. While Justice treatment of net income taxation
Holmes said it does not include and compensation income
power to destroy as long as this taxation. In so far as net income
court sits. Can we say that these taxation, they are allowed to
are conflicting statement that only deduct expenses while in
one may stand? compensation income, they are
taxed based on gross income
A: No it is not irreconcilable. The
without deductible expense. Is
statement of Justice Marshall means
there a violation of uniformity and
that the imposition of taxes while they
equity of taxation?
are not inimical, they are intended to
regulate or to discourage while the A: No there is no violation. Uniformity
statement of Justice Holmes refers to does not mean that all taxable articles
the the exercise of police power using must be treated similarly. Uniformity in
the power of taxation as an implement. taxation allows classification and it is
satisfied as long as taxable articles at
Q: What are the principles of
the same class are taxed at the same
taxation under sec. 28 of Art. 6?
rate. In so far as professionals earning
A: The power of taxation must be income, these professionals incur
uniform and equitable and the congress overhead expenses, these expenses are
shall evolve a progressive system of allowed to be deducted under net
taxation income taxation system while
compensation income earners do not
Q: What does Uniformity and
incur overhead expenses, it is
Equity means?
appropriate that they should not be
A: Uniformity or Equality means that all allowed deductible expenses. Because
taxable articles and property of the of this difference, the SC allowed
same kind shall taxed on the same rate. distinction or classification.
Equity of taxation means that the tax
Q: Does the new concept of public
imposed shall be in proportion to the
use in Eminent domain applicable
ability to pay or the value of the
in Taxation? That any advantage
property.
direct or indirect is for public
Q: What is the basis of regressive purpose?
system of taxation?
A: No, It is the essential character of
A: It encourage productivity among the direct object of the expenditure
individuals. If a taxpayer wants to pay which must determine its validity as

64
POLITICAL LAW REVIEW – Gabby Notes
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justifying a tax, and not the magnitude Q: Is charitable institution
of the interest to be affected nor the property?
degree to which the general advantage
A: No it is not a property. This goes to
of the community, and thus the public
show the imperfection of the
welfare, may be ultimately benefited by
constitution. When it should have been
their promotion said the SC in the case
properties of the institution not the
of Pascual vs. Secretary of Public institution itself.
Works.
Q: What kind to tax exemption does
Q: Is double taxation allowed? Art. 6 Sec. 28 (3) refer to?
A: Yes unless it is duly oppressive and A: Real property tax and not Excise tax
violates equal protection of laws said the SC in the case of Lladoc vs
Q: What is double taxation? Commissioner.

A: Double taxation means taxing the Q: What does the phrase Actual,
same article or property or person twice Direct and Exclusive mean?
when it should be taxed only once by the A: It means the land, building and
same jurisdiction for the same purpose. improvement must be used solely for
Q: How do we construe tax religious, charitable and educational
exemption? purposes. This includes incidental use.

A: Strictly against the taxpayer and Q: In the case of Abra College, did
liberally in favor of the taxing authority. the SC sustain the assessment of
the assessor? because in that case
Q: What is the required vote in the it involves a two-storey building,
congress for the grant of tax the second floor being used by the
exemption? director of the school for residential
purpose while the first floor is being
A: Majority vote
leased to a marketing corporation.
Q: Under the constitution what
A: No the SC did not sustain the
properties are exempt from
assessment because the second floor’s
taxation?
use, as residence of the director, is
A: Under Art. 6 Sec. 28 (3) charitable incidental to education. On the other
institutions, churches and parsonages or hand the first floor, not being
covenants appurtenant thereto, considered as incidental to the purpose
mosques, non-profit cemeteries and all of education should be liable for real
land building and improvements actually property tax.
directly and exclusively used for
religious, charitable or educational Q: Does ownership vest exemption
purposes. under par. 3 sec. 28 of Art. 6?

65
POLITICAL LAW REVIEW – Gabby Notes
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A: No it does not. Ownership of the of reason, obedience to the dictates of
property is irrelevant. justice.
Q: In one case a property was Justice Isagani Cruz- Due process
assessed property tax. Incidentally is a guaranty against any
the owner is the Roman Catholic arbitrariness on the part of the
Church. In order to refute, the government, whether committed
Roman Catholic Church presented by the legislative, the executive,
its title on the property and then or the judiciary.
assessor exonerated the church. Is
the assessor correct? Q: What is the similar concept
of due process under the
A: No because ownership alone is not magna carta libertatum
sufficient, it must be established that particularly under clause 39?
the Church actually directly and
exclusively use the property for A: It says that no free man shall
religious purposes. be taken or imprisoned or
disseized or outlawed or in any
Art. III BILL OF RIGHTS manner destroyed nor shall we go
Q: What does Art. 3 Sec. 1 provide? upon him or send upon him
except by the lawful judgement of
A: No person shall be deprived of life, his peers or by the law of the
liberty or property without due process land.
of law, nor shall any person be denied
the equal protection of the law Q: What is the essence of due
process?
Q: What is due process?
A: The essence of due process is
A: Justice Felix Frankfurter would go no distilled in the immortal cry of
farther than to define due process as Themistocles to Alcibiades "Strike
nothing more and nothing less than"the but hear me first!"
embodiment of the sporting idea of fair
play." Q: Did the constitution specifically
define due process?
Daniel Webster described almost two
hundred years ago in the famous A: No
Dartmouth College Case, as "the law
Q: Why did the Constitution did not
which hears before it condemns, which
give an exact definition according
proceeds upon inquiry and renders
to the case of Ynot vs IAC?
judgment only after trial."
A: The concept of due process was not
Justice Enrique M. Fernando defined it
given exact definition for resiliency.
as the responsiveness to the supremacy
Flexibility is the best virtue of due

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process that why it was kept power, there must be notice and
ambiguous. hearing. If it is exercising its
legislative power there is no
Q: What are the two minimum requirement of notice and hearing.
requirements of Due process?
A: Notice and hearing Q: In the case of Philcomsat,
Philcomsat is required to lower
or reduce its rate. The basis of
Q: In the case of Phil Posphate the
the order is because Philcomsat
issue is the certification election
is earning too much. The order
case. During the election was issued by NTC without
certification proceeding both the notice and hearing. Is this a
union and management agree to valid exercise of rulemaking
submit position paper, reply and power?
memoranda. When the MedArbiter A: No because the NTC is exercising
issued a resolution, the petitioner quasi-judicial power in rate fixing
invoked due process because the therefore notice and hearing is
MedArbiter did not conduct required.
hearing proceedings. Is the Due
process of Law violated? Q: When can we say that the
A:No PHILPHOS agreed to file its rulemaking power is in the
position paper with the
 discharge of quasi legislative or
administrative on one hand and
MediatorArbiter and to
quasi-judicial on the other?
consider the case submitted for
A: The distinguishing factor
decision on the basis of the position
depends on the persons affected. In
papers filed by the parties, there
quasi- legislative the regulation
was
 sufficient compliance with the
applies to all. In quasi-judicial it
requirement of due process, as

applies to a specific person.
petitioner was afforded reasonable As to effect of the order, in quasi
opportunity to present its side. legislative the implementation of the
order must be prospective. If it is
Q: One of the functions of quasi-judicial it may be immediate
administrative agencies is the and retroactive.
issuance of rules and
regulations pertaining to rate
Q: What is the effect or
fixing. In the exercise of rate
consequence of violation of due
fixing power, are administrative
agencies required to comply process?
with the minimum A: It depends.
requirements of notice and
hearing? 1. If it is substantive aspect, the law
A: It depends. If the administrative will be unconstitutional
agency is exercising quasi-judicial

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2. If it is procedural, the ruling of A: Yes there is violation of procedural
the tribunal, court or committee due process because the subject of
will be invalid preliminary investigation in this case is
not against the congressman but
Q: When is there a violation of
against his driver.
substantive and when is there a
violation of procedural due Note: So when a procedure is mandated
process? by the constitution, by law or by rules of
court, compliance with this procedure is
A: In substantive aspect the courts will
an essential element of compliance of
look into the intrinsic validity of the law.
due process regardless of the source of
The first step is to determine what
the procedure.
power was exercised by the state in
enacting the law. Police power, eminent Q: What are the essential elements
domain or power of taxation. Just like in of criminal due process according
the case of Ynot vs IAC, where the state to the SC in Alonte vs Javellana?
exercised police power in enacting the
1. That the court or tribunal
law, the courts will determine whether
trying the case is properly
the law complied with the valid test for
clothed with judicial power
the exercise of police power (lawful
to hear and determine the
subject; lawful means). So in that case,
matter before it;
the test were not complied with, the law
2. That jurisdiction is lawfully
is intrinsically invalid and therefore it
acquired by it over the
constitutes a violation on the
person of the accused;
substantive aspect of due process. The
3. That the accused is given
same will be applied in case of the other
an opportunity to be heard;
inherent powers of the state.
and
In procedural aspect, it will depend on 4. That judgment is rendered
whether the process is administrative only upon lawful hearing.
due process, criminal and civil due
Q: Did the SC agree that there
process, and school or administrative
was a violation of the right to
due process. The courts will determine
be heard in the case of Alonte
whether the steps required by law have
vs. Javella? Because in this
been followed.
case the hearing was
Q: In the case of Aniag vs Comelec, conducted only to ascertained
the congressman was included as the voluntariness of the
petitioner as an accused. Was there affidavit of desistance.
a violation of procedural due
A: Yes there was a violation of
process?
due process because what the
accused waived is the right to be

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heard in so far as the Q: What is the required standard in
voluntariness and due execution administrative proceedings?
of affidavit of desistance. The
A: Substantial Evidence
waiver of the right to be heard in
one issue does not extend to all Q: In the case of Ateneo de Manila
other issues particularly the issue vs Capulong the SC enumerated the
on their innocence or guilt. requisites for administrative school
proceedings which are?
Q: How do courts acquire
jurisdiction over the subject matter (1) The students must be informed in
of the controversy? writing of the nature and cause of any
accusation against them;
A: By Law
(2) That they shall have the right to
Q: How do courts acquire answer the charges against them with
jurisdiction over the person of the the assistance of counsel, if desired;
accused? (3) They shall be informed of the
evidence against them;
A: By voluntary surrender or Arrest
(4) They shall have the right to adduce
Q: What are the cardinal primary evidence in their own behalf; and
rights in Administrative proceeding (5) The evidence must be duly
according to the SC in Ang Tibay vs considered by the investigating
CIR? committee or official designated by the
school authorities to hear and decide
the right to a hearing, which includes
the case."
the right to present one's cause and
submit evidence in support thereof;
 Q: Is right to cross examination
essential in school administrative
1. The tribunal must consider the
proceedings?
evidence presented;
2. The decision must have A: No it is not an essential requisite. It
something to support itself; is enough that the students were
3. The evidence must be informed of the evidence against them
substantial; and and they have the right to refute the
4. The decision must be based on evidence but they are not required to
the evidence presented at the confront the witness because school
hearing; or at least contained in
administrative proceedings are not
the record and disclosed to the
criminal proceedings therefore the right
parties affected;
to confront witness is not part of school
5. The decision must be based on
investigation proceedings.
the evidence presented at the
hearing; or at least contained in
the record and disclosed to the
parties affected;

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Q: What is the relation of right to Q: What is the difference between
due process and void for vague void for vagueness and
principle? overbreadth doctrine?

A: A law or government act suffers from A: In overbreadth the law is clear and
the defect of vagueness if it lacks people understands the law but because
comprehensible standards that men of of the comprehensive scope of the law it
common intelligence must necessarily encroaches or interferes with protected
guess at its meaning and differ as to its liberties. In void for vagueness the law
application. Since the law is so vague, a is not clear. Overbreadth and void for
person does not know what the law is vagueness are ground for facially
all about therefore he does not know challenging the constitutionality of the
what to prevent. It constitutes violation law.
to the right of due process because the Q: What is facial challenge mean?
vagueness of the law amount to lack of As distinguish from “As applied”
notice of what conduct to prevent. challenge?
Q: In the case of Southern A: Facial challenge means the law is on
Hemisphere vs Anti-terrorism its face is invalid. The requisite of
Council, a law which is void for proper party is dispensed with because
being vague violates the it can be raised by any person because
constitution for two reason, what of the chilling effect of the law. As
are these reasons? applied challenge on the other can only
be raised by party to whom the law was
1. It violates due process clause;
declared unconstitutional.
2. It gives law enforcement officers
unbridled discretion in carrying Q: Does the facial challenge in
out this provision and thereby penal statute apply?
arbitrarily flexing its government
A: No because if penal laws may be
muscle.
challenged under the facial challenge
Q: What is overbreadth doctrine? the state may not be able to enforced
its penal laws since everytime there is a
A: A facial challenge of the statute when
law enacted, it will be challenged by one
a governmental purpose may not be
even if he is not being injured. Only in
achieved by means which sweep
free speech cases, religious freedom
unnecessarily broadly and thereby
cases and other fundamental right may
invade the area of protected freedoms.
be the subject of facial challenge.
Which means that even the act is
subject ot state regulation it cannot be Q: Is equal protection the same as
done in such a way that it will invade due process? Meaning it is also
protected areas of liberty. ambiguous and as vague as the
concept of due process?

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A: No it is more cleared and particular protection clause according to
than due process People vs Vera?
Q: What does equal protection of 1. Undue favor and class or
the law mean? individual privilege
2. Unjust or illegal discrimination or
A: All persons and things similarly
hostile discrimination.
situated shall be treated alike both as to
the rights conferred and as to liability Q: What is classification?
imposed. It only requires equality
A: It is the grouping of persons or
among equals.
things similar in certain particulars but
Q: Does equal protection of the law different from others in the same
requires identity of rights or particulars. The same trait that binds
universal equality between persons them is the same trait that sets them
or things? apart from others. To be valid, the
classification must be reasonable
Q: In the case of Villegas, 50 pesos
regulation without regard to Q: What are the requisites of a
employment, for all aliens whether reasonable classification?
he be rich or poor. Does it violate
1. The classification must rest on
equal protection clause?
substantial conditions which
A: Yes the failure of the law to make for real differences
recognize the classification constitute a 2. Classification must be germane to
violation of the equal protection clause. the purpose of the law
3. Must apply not only be limited to
Q: In the case of People vs Vera,
existing conditions
section 11 provides that the
4. Must apply equally to all
probation law shall apply to a
members of the particular class
province where the council has
appropriated funds for the salary of Q: May citizenship be considered as
the probation officer. Is that basis for substantial distinction?
discriminatory?
A: Yes in the case of Ichong vs
A: The provision itself is not Hernandez the SC said that there is
discriminatory but it allows substantial distinction between alien
discrimination. There is no difference retailers and Filipino retailers specifically
between a law that unjustly because alien retailers does not owe
discriminates and the law that allows absolute allegiance to the Ph unlike
discrimination. Both violate the equal Filipino retailers. The interest of aliens
protection clause. are different from the interest of Filipino
retailers
Q: What are the two acts that are
prohibited under the Equal

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Q: Petitioners also contend that Q: When can the rule on Stare
retail trade act is unconstitutional Decisis be applied according to
because it allows American citizen Justice Fernando in the case of
to engage in retail trade like any PASEI vs Drilon?
other Filipinos but all other aliens
A: When the classification is based on
cannot. Did the SC agree to single
distinction that make real differences
out American national from the rest
such as age,sex or civilization, the
of the aliens will constitute undue
better rule is to recognize their validity
favor?
only if the young the women or the
A: Ichong was decided under the 1935 cultural minority are single out for a
constitution. During that time there is a favorable treatment.
parity treaty where it provides that
Q: Is judicial inquiry applicable in
Americans have the same privilege as
equal protection cases? That before
the Filipinos in the exploitation of
the courts may assume jurisdiction,
natural resources of the law. That
there must be an actual case of
distinguishes the American nationals
controversy, must be raised by the
from all other aliens under the 1935
proper party and must be raised at
constitution.
the earliest possible time and the
Q: Is age a substantial distinction lis morta of the controversy?
that can be a basis of a reasonable
A: No it is not required that there be
classification? Dumlao vs comelec
actual controversy because of the third
A: Yes
requisite of classification
Q: Is sex a reasonable distinction
Q: In the case of Biraogo vs PTC
that could be a basis for reasonable
can we not say that Arroyo
classification as in the case of
administration is a class of its own
PASEI vs Drilon?
therefore E.O. 1 is a valid law?
A: Yes
A: No, the arroyo administration is just a
Q: Under the doctrine of stare class or member of a class of
decisis judicial decision should be administration. To single out the arroyo
considered as judicial precedents. administration constitute unjust
Does that apply to equal protection discrimination.
cases? Or can we say that the
Q: In the case of Almonte vs
reasonableness of classification in
Vasquez the SC sustained the
one case cannot be used as judicial
classification of private individuals
precedents to future cases
and public officers. Can we further
A: Yes stare decisis cannot be applied. sub classify police officer from
other public officer? Did the SC
agree in this sub classification

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according to the case of Himagan Q: In the case of Biraogo vs PTC,
vs People? According to solicitor the general,
the insufficiency of the law does
A: Yes because there is still
not call for its unconstitutionality.
substantial classification. The
The remedy according to the
reason why members of
the PNP are treated differently Solicitor General is remedial
from the other classes of persons legislation. He invoked the
charged criminally or principle of under inclusiveness
administratively insofar as the where the failure of the law to
application of the rule on address all evil does not make the
preventive suspension is concerned law unconstitutional. Did the SC
is that policemen carry weapons apply the under inclusiveness
and the badge of the law which principle?
can be used to harass or intimidate
witnesses against them, as A: No because this principle applies only
succinctly brought out in the when the insufficiency of the law is not
legislative discussions. deliberate or through in advertence.
When the insufficiency of the law was
Q: Classification of public
intentional, the principle will not apply.
officer according to
assumption of office? Elective Q: What is section 2 Art. 3?
public officer and appointive
public officer is it allowed? A: The right of the People to to secure
in their persons, houses, papers and
A: Yes as provided in the case of effects against unreasonable searches
Quinto vs Comelec. Substantial and seizures of whatever nature and for
distinctions clearly exist between any purpose shall be inviolable, and no
elective officials and appointive search warrant or warrant of arrest shall
officials. The former occupy their
issue except upon probable cause to be
office by virtue of the mandate of
determined personally by a judge, after
the electorate. They are elected to
examination under oath or affirmation of
an office for a definite term and
may be removed therefrom only the complainant and the witnesses he
upon stringent conditions. On the may produce, particularly describing the
other hand, appointive officials place to be searched or the persons or
hold their office by virtue of their things to be seized.
designation thereto by an
Q: Does the constitution prohibit all
appointing authority. Some
kinds of search and seizure?
appointive officials hold their office
in a permanent capacity and are A: No only unreasonable search and
entitled to security of tenure while seizure
others serve at the pleasure of the
appointing authority. Q: In determination of
reasonableness of the search and

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seizure, what are the factors that A: Only against the government and
may be considered in the case of agencies of the government tasked with
Alvarez vs CIR? the enforcement of the law. In the
absence of governmental interference,
1. Purpose of the search
the liberties guaranteed by the
2. Object sought to be seized
constitution cannot be invoked against
3. Existence of absence of probable
the government.
cause
4. Circumstances in which the Q: What are the types of warrant
seizure was made that may be issued by the judge
under Art. 3 Sec. 2?
Q: What is the nature of the
constitutional right against A: Search warrant and Warrant of Arrest
unlawful search and seizure?
Q: What is a search warrant?
A: It is personal
A: An order in writing issued in the
Q: In one case the petitioners name of the Philippines signed by the
challenge the validity of all 42 judge and directed to a peace officer
search warrants. Is that allowed? commanding him to search for personal
property described therein and bring it
A: No it is not allowed because the
before the court.
corporation has a separate and distinct
personality from its officers, it should be Q: What kind of personal property
the corporation that should assail the may be seized by virtue of
validity of the search warrant because it warrant?
was the corporation’s right which was
1. Subject of offense
violated.
2. Stolen or embezzled and its fruits
Q: But a corporation is only a legal 3. Used of intended to be used for
fiction. It cannot act on its own, it the commission of the offense.
acts through its officers. Why didn’t
Q: For how long is a search warrant
the SC recognize their authority as
valid?
officers of the corporation?
A: 10 days counted from its issuance
A: Because they failed to produce a
written authority in the form of board Q: What is the nature of search
resolution or secretary certificate warrant proceeding?
attesting to their authority.
A: Sui generis proceedings the purpose
Q: In the case of People vs Marti of which is not for prosecution of
the issue in this case is can the offense but as a mode of discovery
constitutional guarantee against
Q: What are the requisites of a
search and seizure be invoked
valid warrant?
against any person?

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1. It must be based on probable warrant was invalid. The the court
cause sustained the petitioner?
2. Determined personally by the
A: No because it does not necessarily
judge
follow because search warrant and
3. The examination must be under
warrant of arrest are based on different
oath or affirmation of the
probabilities
complainant and witnesses
4. Must particularly describe the Q: What are the different
persons or things to be seized or probabilities in warrant of arrest
the place to be searched. and search warrant?
First requisite: A: In search warrant the probable cause
refer to that probability that the things
Q: What is probable cause?
sought to be seized are in relation to the
A: Refers to such facts and offense and will be found in the place
circumstances antecedent to the sought to be searched.
issuance of the warrant that are in
In warrant of arrest the probabilities are
themselves sufficient to induce a
that the crime has been committed and
cautious man to rely upon them and act
the person sought to be arrested may
in pursuance thereof.
be probably guilty thereof.
Q: As applied to search warrant
Q: What are the conditions in order
what does probable cause mean?
that warrant of arrest may be
A: Such facts and circumstances which issued during preliminary
would lead a reasonably discreet and investigation in Mantaring vs Judge
prudent man to believe that an offense Roman
has been committed and that the
A: If the preliminary investigation was
objects sought in connection with the
conducted by an METC judge and the 3
offense are in the place sought to be
requisites are present.
searched.
1. Has examined under oath or
Q: In the case of Mantaring vs
affirmation the complainant and
Judge Roman the petitioner
the witness by searching
contends that the issuance of
questions and answer
warrant is unconstitutional
2. If the examining judge is satisfied
because he was not named in the
that probable cause exist
previous search warrant. According
3. If there is a need to place the
to the petitioner, it was only
respondent under custody in
Mantaring Jr. who was named in
order not to frustrate the end of
the search warrant, but in the
justice.
warrant of Arrest Mantaring Sr.
was included. Therefore the

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