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2008 Political Law and Public International Law

Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
P-LI.I"$L L$/
That branch of public law which deals with the organization and operations of the
governmental organs of the State and defines the relations of the State with the
inhabitants of its territory.
Sco&e01ivisions of Political Law:
1. Constitutional Lawthe study of the maintenance of the proper balance between
authority as represented by the three inherent powers of the state and liberty as
guaranteed by the Bill of ights.
!. "dministrative Law## That branch of public law which fi$es the organization%
determines the competence of administrative authorities who e$ecutes the law%
and indicates to the individual remedies for the violation of his right.
&. Law on 'unicipal Corporations
(. Law of )ublic *fficers
+. ,lections Law
!asis:
1. 1-./ Constitution
!. 1-/& and 1-&+ Constitutions
&. *rganic laws made to apply to the )hilippines
a. )hilippine Bill of 1-0!
b. 1ones Law of 1-12
c. Tydings#'c3uffie Law of 1-&(
(. Statutes% e$ecutive orders and decrees% and 4udicial decisions
+. 5S Constitution
"onstitution Statute
legislation direct from the people6
states general principles6
intended not merely to meet e$isting
conditions6
it is the fundamental law of the State
legislation from the people7s representative6
provides the details of the sub4ect matter of
which it treats6
intended primarily to meet e$isting conditions
only6
it conforms to the Constitution
P2ILIPPIN3 "-NS.I.4.I-N
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
"onstitution5it is the document which serves as the fundamental law of the State6 that
body of rules and ma$ims in accordance with which the power of sovereignty are
habitually e$ercised.
That written instrument enacted by direct action of the people by which the
fundamental powers of the government are established% limited and defined% and by
which those powers are distributed among the several departments for their safe and
useful e$ercise for the benefit of the body politic.
8t is the basic and paramount law to which all other laws must conform and to
which all persons% including the highest officials of the land% must defer. 9o act shall be
valid% however noble its intention% if it conflicts with the Constitution. The Constitution
must ever remain supreme. "ll must bow to the mandate of this law. ight or wrong% the
Constitution must be upheld as long as the sovereign people have not changed it.
"lassification:
6) :ritten or unwritten
/ritten 4nwritten
#one whose precepts are embodied in one
document or set of documents
#consists of rules which have not been
integrated into a single% concrete form but
are scattered in various sources
37am⩽ a. statutes of fundamental
character6
b. 4udicial decisions6
c. commentaries of publicists6
d. customs and traditions6
e. certain common law principles
2) ,nacted <conventional= or ,volved <Cumulative=
3nacted (conventional+ 3volved ("umulative+
#formally struc> off at a definite time and
place following a conscious or deliberate
effort ta>en by a constituent body or ruler
#the result of political evolution% not
inaugurated at any specific time but
changing by accretion rather than by any
systematic method
&. igid or ?le$ible
Ri%id 8le7ible
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
#one that can be amended only by a formal
and usually difficult process
#one that can be changed by ordinary
legislation
The )hilippine Constitution is written% conventional and rigid. 8t is embodied in
one document and can be amended only by a formal and usually difficult process.
Inter&retation:
1. Verba Legis5whenever possible% the words used in the Constitution must be
given their ordinary meaning e7ce&t where technical terms are employed.
!. :hen there is "mbiguity5ratio legis et anima((" doubtful provision shall be
e$amined in the light of the history of the times and the conditions and
circumstances under which the Constitution was framed. (Civil Liberties Union
vs. Executive Secretary, 194 SCR !1"#
&. Ut magis valeat $uam %ereat5the Constitution has to be interpreted as a
whole. (&rancisco vs. 'R, (.R. )o. 1*+,*1, )ovember 1+, ,++!#
8f the plain meaning of the word is not found to be clear% resort to other aids is
availableconstrue the Constitution from what @appears upon its faceA. The proper
interpretation% therefore% depends more on how it was understood by the people
adopting it than in the framers7 understanding thereof.
8n case of doubt% the provision should be considered as self#e$ecuting6
mandatory rather than directory6 and prospective rather than retroactive.
Self(e7ecutin% &rovision5one which is complete in itself and becomes operative
without the aid of supplementary or enabling legislation% or that which supplies a
sufficient rule by means of which the right it grants may be en4oyed or protected.
3ssential 9ualities of te /ritten "onstitution:
6) Broad6
2) Brief6 and
:) 3efinite.
3ssential &arts of a %ood written "onstitution:
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
a. Constitution of Liberty sets forth the fundamental civil and political rights of the
citizens and imposes limitations on the powers of the government as a means of
securing the en4oyment of those rights. e.g. Bill of ights
b. Constitution of Bovernment outlines the organization of the government%
enumerates its powers% lays down certain rules relative to its administration and
defines the electorate. e.g. Legislative% ,$ecutive and 1udicial 3epartments%
Constitutional Commissions
c. Constitution of Sovereignty the provisions pointing out the mode or procedure
in accordance with which formal changes in the fundamental law may be brought
about. e.g. "rt. CD88#"mendments or evisions
3ffects of 1eclaration of 4nconstitutionalit*:
2 ;iews:
a. *TE*3*C D8,:
i. an unconstitutional act is not a law6
ii. it confers no rights6
iii. it imposes no duties6
iv. it affords no protection6
v. it creates no office6
vi. it is inoperative% as if it had not been passed at all.
b. '*3,9 D8,:Courts simply refuse to recognize the law and determine
the rights of the parties as if the statute had no e$istence. Certain legal effects
of the statute prior to its declaration of unconstitutionality may be recognized.
Thus% a public officer who implemented an unconstitutional law prior to the
declaration of unconstitutionality cannot be held liable (-not vs. .C).
Partial 4nconstitutionalit*
Re<uisites:
a. The legislature must be willing to retain the valid portion<s=% usually shown by
the presence of a separability clause in the law89T,9T *? TE,
L,B8SL"T8D,6 and
b. The valid portion can stand independently as law893,),93,9C, *?
TE, )*D8S8*9S.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
/3, .23 S-;3R3I=N 8ILIPIN- P3-PL3, I,PL-RIN= .23 $I1 -8 $L,I=2.>
=-1,
IN -R13R .- !4IL1 $ ?4S. $N1 24,$N3 S-"I3.> $N1 3S.$!LIS2
$ =-;3RN,3N. .2$. S2$LL 3,!-1> -4R I13$LS $N1 $SPIR$.I-NS,
PR-,-.3 .23 "-,,-N =--1, "-NS3R;3 $N1 13;3L-P -4R P$.RI,-N>,
$N1 S3"4R3 .- -4RS3L;3S $N1 -4R P-S.3RI.> .23 !L3SSIN=S -8
IN13P3N13N"3
$N1 13,-"R$"> 4N13R .23 R4L3 -8 L$/ $N1 $ R3=I,3 -8
.R4.2, ?4S.I"3, 8R331-,, L-;3, 394$LI.>, $N1 P3$"3,
1- -R1$IN $N1 PR-,4L=$.3 .2IS "-NS.I.4.I-N)
The )reamble is not a source of power or right for any department of
government. 8t sets down the origin% scope% and purpose of the Constitution. 8t bears
witness to the fact that the Constitution is the manifestation of the sovereign will of the
?ilipino people.
The identification of the ?ilipino people as the author of the constitution calls
attention to an important principle; that the document is not 4ust the wor> of
representatives of the people but of the people themselves who put their mar> approval
by ratifying it in a plebiscite.
1. 8t does not confer rights nor impose duties.
!. 8ndicates authorship of the Constitution6 enumerates the primary aims and
aspirations of the framers6 and serves as an aid in the construction of the
Constitution.
$R.I"L3 I
N$.I-N$L .3RRI.-R>
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
/0e national territory com%rises t0e 10ili%%ine arc0i%elago, 2it0 all t0e islan3s
an3 2aters embrace3 t0erein, an3 all ot0er territories over 20ic0 t0e 10ili%%ines
0as sovereignty or 4uris3iction, consisting o5 its terrestrial, 5luvial an3 aerial
3omains, inclu3ing its territorial sea, t0e seabe3, t0e subsoil, t0e insular s0elves,
an3 ot0er submarines areas. /0e 2aters aroun3, bet2een an3 connecting t0e
islan3s o5 t0e arc0i%elago, regar3less o5 t0eir brea3t0 an3 3imensions, 5orm %art
o5 t0e internal 2aters o5 t0e 10ili%%ines.6
Two <!= )arts of the 9ational Territory;
1. The )hilippine archipelago with all the islands and waters embraced therein6 and
!. "ll other territories over which the )hilippines has sovereignty or 4urisdiction.
- 1o *ou consider te S&ratl*s =rou& of Islands as &art of Pili&&ine
$rci&ela%o@ ESpratlys Broup of 8slands is not part of the )hilippine
"rchipelago because it is too far away from the three main islands of the
)hilippines. 8t is found% geographically% almost in the middle of the South China
Sea. 8t is not part of the )hilippine "rchipelago. Eistorically% when we tal> about
)hilippine "rchipelago% we refer to those islands and waters that were ceded by
the Spain to the 5nited States by virtue of Treaty of )aris in 1.-.. "nd that did
not include the Spratlys Broup of 8slands yet. 5nder the treaty% the islands that
were ceded by Spain were identifiedthe main islandsLuzon% Disayas and
'indanao. Clearly% it did not include the Spratlys Broup of 8slands.
Spratlys Broup of 8slands was only discovered sometime in the 1-+07s by a
?ilipino% Tomas Cloma. The latter waived his rights over the islands in favor of the
)hilippine Bovernment. 8n effect% the government stepped into the shoes of the
discoverer. By then )resident 'arcos% what he did the moment Tomas Cloma waived
his rights over the Spratlys Broup of 8slands% is to have the islands immediately
occupied by )hilippine troops. Ee then issued )3 1+-2% constituting the Spratlys Broup
of 8slands as a regular municipality claiming it the 'unicipality of Falayaan placing it
under the )rovince of )alawan. "nd then he had the elections immediately held in the
islands so from that time on until now% we continue to hold elections there. The
)hilippine e$ercises not only 4urisdiction but also sovereignty over the Spratlys Broup of
8slands% yet it is not part of the )hilippine "rchipelago. Beographically% it is too far away
from the )hilippine "rchipelago.
*n 'ay !0% 1-.0% the )hilippines registered its claim with the 59 Secretariat.
The )hilippine claim to the islands is 4ustified by reason of history% indispensable need%
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
and effective occupation and control. Thus% in accordance with the international law% the
Spratlys Broup of islands is sub4ect to the sovereignty of the )hilippines.
-1o *ou consider te S&ratl*s %rou& of Islands as &art of our National .erritor*@
EGes. "rticle 8 of the Constitution provides; @The national territory comprises the
Philippine archipelago, x x x, and all other territories over which the Philippines has
sovereignty or jurisdiction, x x x. The Spratlys Broup of islands falls under the second
phrase @and all other territories over which the )hilippines has sovereignty or
4urisdictionA. 8t is part of our national territory because )hilippines e$ercise sovereignty
<through election of public officials= over Spratlys Broup of 8slands.
-/at was te basis of te Pili&&inesA claim over te S&ratl*s@
Through discovery of Tomas Cloma and occupation
,odes of ac<uirin% territories:
1. 3iscovery and *ccupationwhich are terra nullius <land belonging to no one=
1octrine of 3ffective -ccu&ation5discovery alone is not enough. 'ere discovery gives
only an inchoate right to the discoverer. ?or title to finally vest% discovery must be followed by
effective occu&ation in a reasonable time and attestation of the same.
!. Cession by Treaty. ,$amples are Treaty of )aris% treaty between ?rance and 5S
ceding Louisiana to the latter and treaty between ussia and 5S ceding "las>a to
the latter6
&. )rescriptionwhich is a concept under the Civil Code. Territory may also be
acHuired through continuous and uninterrupted possession over a long period of
time. Eowever% in international law% there is no rule of thumb as to the length of time
for acHuisition of territory through prescription. 8n this connection% consider the
=rotius 1octrine of immemorial &rescri&tion, which spea>s of uninterrupted
possession going beyond memory.
(. ConHuest or Sub4ugation <conHuistadores=this is no longer recognized%
inasmuch as the 59 Charter prohibits resort to threat or use of force against the
territorial integrity or political independence of any state6 and
+. "ccretionanother concept in the Civil Code. 8t is the increase in the land area of
the State% either through natural means% or artificially% through human labor.
Pili&&ine $rci&ela%o: @
1. Treaty of )aris% 3ecember 10% 1.-.Cession of the )hilippine 8slands by
Spain to the 5nited States6
!. Treaty between Spain and 5S at :ashington% 9ovember /% 1-00inclusion
of Cagayan% Sulu and Sibuto6
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. Treaty between 5S and BB% 1anuary !% 1-&0inclusion of Turtle and
'angsee 8slands.
-ter territories over wic te Pili&&ines as soverei%nt* or Burisdiction:
1. Batanes<1-&+ Constitution=6
!. Those contemplated under "rticle 8% 1-/& Constitutionbelonging to the
)hilippines by historic right or legal title6
&. )3 1+-2% 1une 11% 1-/.## constituting the Spratly7s Broup of 8slands as a
regular municipality claiming it the 'unicipality of Falayaan% placing it under
the )rovince of )alawan.
7xxx /0e 2aters aroun3, bet2een an3 connecting t0e islan3s o5 t0e arc0i%elago,
regar3less o5 t0eir brea3t0 an3 3imensions, 5orm %art o5 t0e internal 2aters o5 t0e
10ili%%ines.6
-This second sentence of "rticle 8 is not the "rchipelago 3octrine. This is only
our restatementIreaffirmation of our adherence to the "rchipelago 3octrine
simply because we are an archipelago consisting of /%10/ islands. 8t is essential
for our national survival that we adhere to the archipelago principle.
$rci&ela%o 1octrine5merely emphasizes the unity of lands and waters. 8t is a body
of waters interconnected with other natural features. 5nder the 5nited 9ation
Convention on the Law of Sea <59CL*S=% it consists of drawing imaginary baseline
connecting the outermost islands of the archipelago in which all waters% islands is
considered as one integrated whole. "n archipelago is defined as group of islands%
interconnecting waters and other natural features which are so closely interrelated that
such islands% waters and natural features form an intrinsic geographical% economical
and political entity% or which historically been regarded as such.
Correlate this doctrine to right of innocent of passage% right of arrival under stress
and 59CL*S reHuiring the designation of archipelagic seaways so that foreign vessels
may pas through an archipelago.
! Finds of "rchipelago;
1. "oastal $rci&ela%osituated close to a mainland and may be considered a
part thereof.
!. ,id(-cean $rci&ela%osituated in the ocean at such distance from the
coasts of firm land. The )hilippines is classified as mid#ocean archipelago 4ust
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
li>e 8ndonesia. The )hilippines is not in any way connected physically with the
"sia mainland.
"om&onents of National .erritor*:
8. Terrestrialland mass on which the inhabitants live6
88. ?luvialmaritime6 .
a. Internal or national watersbodies of water within the land mass%
among them are;
i. ivers which may be;
1. 9ational
!. Boundarydivides the territories of States
&. 8nternationalflows thru various States
a. .alwe% 1octrine5for boundary rivers% in the
absence of an agreement between the riparian states%
the boundary line is laid on the middle of the main
navigable channel.
b. ,iddle of te !rid%e 1octrinewhere there is a
bridge over a boundary river% the boundary line is the
middle or center of the bridge.
ii. Bays and gulfs a bay is a well#mar>ed indentation whose
penetration is in such proportion to the width of its mouth as to
contain a land#loc>ed waters and constitutes more than a curvature
of the coast. "lso referred to as Buridical ba*) The area must be as
large as% or larger than% a semi#circle whose diameter is a line
drawn across the mouth of such indentation% or if the mouth is less
than !( miles wide.
e.g. Hudson Bay in anada, one whose waters are
considered internal because of the e$istence of a historic title.
iii. Straits narrow passageways connecting ! bodies of water. 8f the
distance between the ! opposite coast is not more than 2 miles%
they are considered internal waters.
- 8n international law% when a strait within a country has a width of more
than si$ <2= miles% the center lane in e$cess of the three <&= miles on both
sides is considered international waters.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
iv. Canals the most famous is the Suez Canal% which is neutralized%
and the )anama Canal% which is open to everyone in times of war
or peace.
b. $rci&ela%ic watersare the waters enclosed by the archipelagic
baselines% regardless of their depth or distance from the coast.
$rci&ela%ic Statea state made up wholly of one or two
archipelagos. 8t may include other islands.
Strai%t $rci&ela%ic !aselineto determine the archipelagic
waters% the state shall draw straight baselines connecting the
outermost points of the outermost islands and drying reefs%
provided that the ratio of the area of the water to the area of the
land% including atolls% is between 1;1 and -;1. The length of such
baselines shall not e$ceed 100 nautical miles% e$cept up to &J of
the total number of baselines enclosing any archipelago may
e$ceed that length% up to a ma$imum 1!+ miles. The baselines
drawn should not depart% to any appreciable e$tent% from the
general configuration of the archipelago. "ll the waters within the
baselines shall then be considered internal waters. The breadth of
the 1!#mile territorial sea% the contiguous zone% the e$clusive
economic zone and the continental shelf shall then be measured
from the archipelagic baselines.
-Dessels may be allowed innocent &assa%e within the
archipelagic waters% but this right may be suspended% after
publication% in the interest of international security. The coastal
state may also designate archipelagic sea lanes for continuous%
unobstructed transit of vessels.
c. .erritorial Seathe belt of the sea located between the coast and the
internal waters of the coastal state on the other hand% and the high seas
on the other% e$tending up to 1! nautical miles from the low!water mar"% or
in the case of archipelagic states% from the baselines.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!aseline5is a line from which the breadth of the territorial sea% the
contiguous zone and the e$clusive economic zone is measured in order to
determine the maritime boundary of the coastal state.
Types of baseline;
i. 9ormal Baseline 'ethod
ii. Straight Baseline method
d. "onti%uous Cone5e$tends up to 1! nautical miles from the territorial
sea6 this shall not e$ceed !( nautical miles from the archipelagic
baselines.
The coastal state may e$ercise limited 4urisdiction over the
contiguous zone;
1. To prevent infringement of customs% fiscal immigration or
sanitary laws and regulations within its territory or territorial
sea6 and
!. To punish infringement of the above laws and regulations
committed within its territory.
e. 37clusive 3conomic Cone5shall not e$tend beyond !00 nautical miles
from the archipelagic baselines.
f. "ontinental selfit is the seabed and subsoil of the submarine areas
e$tending beyond the )hilippine territorial sea throughout the natural
prolongation of the land territory. 8t e$tends up to;
i. The outer edge of the continental margin6 or
ii. " distance of !00 nautical miles from the archipelagic baselines%
whichever is the farthest.
The continental shelf does not form part of the )hilippine territory. The
)hilippines has the sovereign rights over the continental shelf for the purpose of
e$ploring it and e$ploiting its natural resources.
g. 2i% Seastreated as res communes, thus% not territory of any particular
State. These are the waters which do not constitute the internal waters%
archipelagic waters% territorial sea and e$clusive economic zones of a
state. They are beyond the 4urisdiction and sovereign rights of States.
8reedom of navi%ation5refers to the right to sail ship on the high sea%
sub4ect to international law and the laws of the flag of the state.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
(#ee also discussion on $%&'#)
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
888."erialthis refers to the air space above the land and waters of the State.
(#ee (iscussions under )nternational &aw)
$R.I"L3 II
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
13"L$R$.I-N -8 PRIN"IPL3S $N1 S.$.3 P-LI"I3S
Sec) 6, $rticle II
/0e 10ili%%ines is a 3emocratic an3 re%ublican State. Sovereignty resi3es in t0e
%eo%le an3 all government aut0ority emanates 5rom t0em.
(Relate tis to $rticle DI+
1. ,ssential features; epresentation and enovation.
!. 'anifestations;
*urs is a government of law and not of men (*illavicencio vs. &u"+an, ,-
Phil ../).
ule of the ma4ority. <)lurality in elections=
"ccountability of public officials
Bill of rights
Legislature cannot pass irrepealable laws.
Separation of powers.
Re&ublicanism
80at is a re%ublican 5orm o5 government9
-8t is a government of the people% by the people% and for the people% a representative
government wherein the powers and duties of government are e$ercised and
discharged for the common good and welfare.
"aracteristics of a re&ublican form of %overnment:
1. The people do not govern themselves directly but through their representatives6
!. 8t is founded upon popular suffrage6
&. There is the tripartite system of the government% the mutual interdependence of
the three departments of the government.
S.$.35a community of persons% more or less numerous% permanently occupying a
definite portion of territory% independent of e$ternal control% and possessing a
government to which a great body of inhabitants render habitual obedience. ()0 vs.
ampos 0ueda, 12 #03 2,)
State Nation
#is a legal or 4uristic concept #is an ethnic or racial concept
State =overnment
#possesses a government to which a great #merely an instrumentality of the State
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
body of inhabitants render habitual
obedience
through which the will of the State is
implemented and realized.
Re&ublican state5one constructed on the principle that the supreme power resides in
the body of the people. 8ts purpose therefore is to guarantee against two <!= e$tremes;
1. *n the one hand% monarchy and oligarchy6
!. *n the other% pure democracy.
3lements of State:
1. )eople mthe inhabitants of the State6 the K of which is capable for self#
sufficiency and self#defense6 of both se$es for perpetuity.
a. 8nhabitants6
b. Citizens6
c. ,lectors.
!. Territory a fi$ed portion of the surface of the earth inhabited by the people of
the State.
&. Bovernmentthe agency or instrumentality through which the will of the State is
formulated% e$pressed and realized.
=overnment of te Pili&&inesrefers to the corporate governmental entity
through which the functions of the government are e$ercised throughout the
)hilippines% including% save as the contrary appears from the conte$t% the various
arms through which political authority is made effective in the )hilippines%
whether pertaining to the autonomous regions% the provincial% city% municipal or
barangay subdivisions or other forms of local government.
3e 1ure vs. 3e ?acto
1e ?ure 1e 8acto
Eas a rightful title but no power or
control% either because the same has
been withdrawn from it or because it
has not yet actually entered into the
e$ercise thereof.
"ctually e$ercises the power or control
but without legal title.
a. 1e facto &ro&er5government
that gets possession and control
of% or usurps% by force or by the
voice of the ma4ority% the rightful
legal government and maintains
itself against the will of the latter6
b. =overnment of Paramount
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8orces5established and
maintained by the military forces
who invade and occupy a
territory of the enemy in the
course of war6
c. Inde&endent =overnment5
established by the inhabitants of
the country who rise in
insurrection against the parent
State.
)residential vs. )arliamentary
Presidential Parliamentar*
There is separation of legislative and
e$ecutive powers. The first is lodged in
the )resident and the second is vested
in Congress.
8t embodies interdependence by
separation and coordination.
There is fusion of both e$ecutive and
legislative powers in )arliament%
although the actual e$ercise of the
e$ecutive powers is vested in a )rime
'inister who is chosen by% and
accountable to% )arliament.
8t embodies interdependence by
integration.
5nitary vs. ?ederal Bovernment
8unctions of te %overnment:
a. Constituent compulsory because constitutive of the society6
b. 'inistrant underta>en to advance the general interest of the society6 merely
optional.
1octrine of Parens Patriae5the government as guardian of the rights of the people
may initiate legal actions for and in behalf of particular individual. ((overnment o5 t0e
10ili%%ine .slan3s vs. :onte 3e 1ie3a3, !; SCR "!<= Caba>as vs. 1ila%il, ;<
SCR 94#
(. Sovereigntythe supreme and uncontrollable power inherent in a State by which
that State is governed.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8t is the right to e$ercise the functions of a State to the e$clusion of any other
State.
:hile sovereignty has traditionally been deemed absolute and all#encompassing
on the domestic level% it is however sub4ect to restrictions and limitations voluntarily
agreed to by the )hilippines% e$pressly or impliedly% as a member of the family of
nations. 8n its 3eclaration of )rinciples and State )olicies% the Constitution adopts the
generally accepted principles of international law as part of the law of the land% and
adheres to the policy of peace% eHuality% 4ustice% freedom% cooperation and amity% with all
nations. By the doctrine of incorporation% the country is bound by generally accepted
principles of international law% which are considered to be automatically part of our own
laws.
E=overnment of Laws and Not of ,en)F5sovereignty of the people also
includes the concept that government officials have only the authority given them
by law and defined by law% and such authority continues only with the consent of
the people.
Finds of Sovereignty;
a. Legalthe power to issue final commands6
b. )oliticalthe sum total of all the influences which lie behind the law6
c. 8nternalthe supreme power over everything within its territory6
d. ,$ternalalso >nown as inde&endencefreedom from e$ternal control.
Characteristics;
a. )ermanence
b. ,$clusiveness
c. Comprehensiveness
d. "bsoluteness
e. 8ndivisibility
f. 8nalienability
g. 8mprescriptibility
Sovereignty% often referred to as Im&erium5is the State7s authority to govern6 it
includes passing laws governing a territory% maintaining peace and order over it% and
defending it against foreign invasion.
8t is the government authority possessed by the State e$pressed in the concept
of sovereignty.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1ominium5is the capacity of the State to own or acHuire property such as lands and
natural resources. (Lee 'ong 'o? vs. @avi3, )o. LA!+!<9, @ecember ,", 19",=
Se%arate B%inion o5 Custice Da%unan in CruE vs. Secretary o5 @E)R, (.R. )o.
1!;!<;, @ecember ,+++#
8t necessarily includes the power to alienate what is owned. 8t was the foundation
for the early Spanish decrees embracing the feudal theory of jura regalia that all lands
were held from the Crown.
3ffect of !elli%erent -ccu&ation5there is no change in sovereignty. Eowever%
political laws% e$cept those of treason% are suspended6 municipal laws remain in force
unless changed by the belligerent occupant.
Princi&le of Cus 1ostliminium5at the end of the occupation% when the occupant is
ousted from the territory% the political laws which have been suspended shall
automatically become effective again. (1eralta vs. @irector o5 1risons, )o. L+49,
)ovember 1,, 194;#
3ffect of "an%e of Soverei%nt*political laws of the former sovereign are abrogated
unless they are e$pressly reenacted by the affirmative act of the new sovereign.
'unicipal laws remain in force. (:acariola vs. suncion, 3m. Case )o. 1!!AC, :ay
!1, 19<,#
3ffect of Revolutionar* =overnment5it is bound by no constitution. Eowever% it did
not repudiate the Covenant or 3eclaration in the same way it repudiated the
Constitution. "s the de jure government% the revolutionary government could not escape
responsibility for the State7s good faith compliance with its treaty obligations under
international law. 3uring the interregnum when no constitution or Bill of ights e$isted%
directives and orders issued by government officers did not e$ceed the authority
granted them by the revolutionary government. The directives or orders should not have
also violated the Covenant or the 3eclaration. (Re%ublic vs. San3iganbayan, (.R.
)o. 1+4"*<, Culy ,1, ,++!#
?urisdiction5is the manifestation of sovereignty.
a. Territorial power of the State over persons and things within its territory
sub4ect to its control and protection.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
b. )ersonal power of the State over its nationals% which may be e$ercised by
the state even if the individual is outside the territory of the State.
c. ,$traterritorial power of the State over persons% things or acts beyond its
territorial limits by reason of their effects to its territory.
Sec) 2, $rticle II
(Incor&oration "lause=
/0e 10ili%%ine renounces 2ar as an instrument o5 national %olicy, a3o%ts t0e
generally acce%te3 %rinci%les o5 international la2 as %art o5 t0e la2 o5 t0e lan3
an3 a30eres to t0e %olicy o5 %eace, e$uality, 4ustice, 5ree3om, coo%eration, an3
amity 2it0 all nations.
Three <&= parts;
1. enunciation of warthe power to wage a defensive war is of the very essence
of sovereignty6
!. "doption of the principles of international law6
&. "dherence to a policy of peace% eHuality% 4ustice% freedom% cooperation L amity.
The second part is nothing more than a formal acceptance of a principle to which all
civilized nations must conform.
The third part is called the @selfish policyAthe guiding principle of )hilippine foreign
policy is the national interest. Eowever% this is tempered with concern for @eHuality%
peace% freedom and 4ustice.
Section 2: (6+, $rticle ;I: /0e Congress, +y a vote o4 two!thirds o4 +oth Houses in
join session assem+led, voting separately, s0all 0ave t0e sole %o2er to 3eclare t0e
existence o5 a state o5 2ar.
1octrine of Incor&oration5the doctrine where the generally accepted principles of
international law are made part of the law of the land either by e$press provision of the
Constitution or by means of 4udicial declaration or fiat. The doctrine is applied whenever
municipal tribunals or local courts are confronted with situations in which there appears
to be a conflict between a rule of international law and the provisions of the Constitution
or statute of a State.
,fforts should first be e$erted to harmonize them so as to give effect to both. 8n
case of conflict between international law and municipal law% the latter shall prevail.
Eowever% the doctrine dictates that rules of international law are given eHual
standing with% and are not superior to% national legislative enactments.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Lex %osterior 3erogate %rioriFin States where the constitution is the highest
law of the land% both statutes and treaties may be invalidated if they are in conflict with
the Constitution. (Secretary o5 Custice vs. Lantion, (.R. )o. 1!94*;, Canuary 1<,
,+++#
10ili% :orris, .nc. vs. C, the fact that the international law has been made part
of the law of the land does not by any means imply the primacy of international law over
national law in the municipal sphere.
1octrine of $utolimitation5
8t is the doctrine where the )hilippines adheres to principles of international law
as a limitation to the e$ercise of its sovereignty.
80at 2ar 3oes t0e 10ili%%ines renounce9
-The )hilippines renounces an a%%ressive war because of its membership in the
5nited 9ations whose charter renounces war as an instrument of national policies of its
member States.
Sec) :, $rticle II
("ivilian Su&remac* "lause+
Civilian aut0ority is, at all times, su%reme over t0e military. /0e rme3 &orces o5
t0e 10ili%%ines is t0e %rotector o5 t0e %eo%le an3 t0e State. .ts goal is to secure
t0e sovereignty o5 t0e State an3 t0e integrity o5 t0e national territory.
"ivilian Su&remac* "lause
Sec) 68, $rt) ;II5installation of the )resident as the highest civilian authority% as the
commander#in#chief of the "?)e$ternal manifestation that civilian authority is
supreme over the military.
Sec) G(6+, $rt) D;I5members of the "?) swear to uphold and defend the Constitution%
which is the fundamental law of the civil government.
Civilian supremacy is not a guaranteed supremacy of civilian officers who are in
power but of supremacy of the sovereign people. The "rmed ?orces% in this sense% @is
the protector of the people and the StateA.
Sec) H, $rticle D;I5The State shall establish and maintain one police force% which
shall be national in scope and civilian in character% to be administered and controlled by
a national police commission. The authority of local e$ecutives over the police units in
their 4urisdiction shall be provided by law.
.G1 vs. Hamora, (.R. )o. 141,<4, ugust 1;, ,+++, the deployment of the
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
'arines does not constitute a breach of the civilian supremacy clause. The calling of the
marines in this case constitutes permissible use of military asset for civilian law
enforcement. $ x x The limited participation of the 'arines is evident in the provisions of
the Letter of 8nstruction <L*8= itself% which sufficiently provides the metes and bounds of
the 'arines7 authority. 8t is noteworthy that the local police forces are the ones charge of
the visibility patrols at all times% the real authority belonging to the )9). 8n fact% the
'etro 'anila )olice Chief is the overall leader of the )9)#'arines 4oint visibility patrols.
5nder the L*8% the police forces are tas>ed to brief or orient the soldiers on police patrol
procedures. 8t is their responsibility to direct and manage the deployment of the
marines. 8t is% li>ewise% their duty to provide the necessary eHuipment to the 'arines
and render logistic support to these soldiers. 8n view of the foregoing% it cannot be
properly argued that military authority is supreme over civilian authority.
8t is worth mentioning that military assistance to civilian authorities in various
forms persists in )hilippine 4urisdiction. The )hilippine e$perience reveals that it is not
averse to reHuesting the assistance of the military in the implementation and e$ecution
of certain traditionally @civilA functions. $ $ $ Some of the multifarious activities wherein
military aid has been rendered% e$emplifying the activities that bring both the civilian and
the military together in a relationship of cooperation are;
1. ,lections6
!. "dministration of the )hilippine 9ational ed Cross6
&. elief and rescue operations during calamities and disasters6
(. "mateur sports promotion and development6
+. 3evelopment of the culture and the arts6
2. Conservation of the natural resources6
/. 8mplementation of the agrarian reform program6
.. ,nforcement of customs laws6
-. Composite civilian#military law enforcement activities6
10. Conduct of licensure e$aminations6
11. Conduct of nationwide test for elementary and high school students6
1!. "nti#drug enforcement activities6
1&. Sanitary inspections6
1(. Conduct of census wor>6
1+. "dministration of the Civil "eronautic Board6
12. "ssistance in installation of weather forecasting devices6
1/. )eace and order policy formulation in local government units.
This unHuestionably constitutes a gloss on e$ecutive power resulting from a
systematic% unbro>en% e$ecutive practice% long pursued to the >nowledge of Congress
and% yet% never before Huestioned. :hat we have here is a mutual support and
cooperation between the military and civilian authorities% not derogation of civilian
supremacy.
Sec) I, $rticle II
/0e %rime 3uty o5 t0e (overnment is to serve an3 %rotect t0e %eo%le. /0e
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
(overnment may call u%on t0e %eo%le to 3e5en3 t0e State an3, in t0e 5ul5illment
t0ereo5, all citiEens may be re$uire3, un3er con3itions %rovi3e3 by la2, to ren3er
%ersonal military or civil service.
@oes t0e 10ili%%ines renounce 3e5ensive 2ar9
E9o% because it is duty bound to defend its citizens. 5nder the Constitution% the prime
duty of the government is to serve and protect the people.
1osse CommitatusFit is the power of the state to reHuire all able#bodied citizens to
perform civic duty to maintain peace and order.
8n 1eo%le vs. Lagman, ** 10il. 1!, the accused in this case% prosecuted for
failure to register for military service under the 9ational 3efense "ct% assailed the
validity of the "ct. The Supreme Court upheld the law on the basis of the compulsory
military and civil service provision of then 1-&+ Constitution. 8t said that; 5x x x. The duty
o4 the 6overnment to de4end the #tate cannot +e per4ormed except through an army.
To leave the organi7ation o4 an army to the will o4 the citi7ens would +e to ma"e this
duty to the 6overnment excusa+le should there +e no su44icient men who volunteer to
enlist therein8x x x the right o4 the 6overnment to re9uire compulsory military service
is a conse9uence o4 its duty to de4end the #tate and is reciprocal with its duty to de4end
the li4e, li+erty, and property o4 the citi7en. x x x.
Sec) G, $rticle II
/0e maintenance o5 %eace an3 or3er, t0e %rotection o5 li5e, liberty, an3 %ro%erty,
an3 t0e %romotion o5 t0e general 2el5are are essential 5or t0e en4oyment by all
t0e %eo%le o5 t0e blessings o5 3emocracy)
ight to bear arms; 8t is statutory and not a constitutional right. The license to carry a
firearm is neither a property nor a property right. 9either does it create a vested right.
,ven if it were a property right% it cannot be considered absolute as to be placed beyond
the reach of police power. The maintenance of peace and order% and the protection of
the people against violence are constitutional duties of the State% and the right to bear
firearm is to be construed in connection and in harmony with these constitutional duties.
(C0aveE vs. Romulo, (.R. )o. 1;"+!*, Cune 9, ,++4#
Sec) H, $rticle II
/0e se%aration o5 C0urc0 an3 State s0all be inviolable.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The State should not use its money and coercive power to establish religion. 8t
should not support a particular religion. The State is prohibited from interfering with
purely ecclesiastical affairs. But it does not mean that there is total or absolute
separation. The better rule is symbiotic relations between the church and State.
Constitutional provisions evidencing the Separation of Church and State;
1. Sec. 2% "rt. 88
!. Sec. +% "rt. 8889o law shall be made respecting an establishment of religion% or
prohibiting the free e$ercise thereof. The free e$ercise and en4oyment of religious
profession and worship% without discrimination or preference% shall forever be allowed.
9o religious test shall be reHuired for the e$ercise of civil and political rights.
&. Sec. ! <+=% "rt. 8C#Creligious sect cannot be registered as political party
(. Sec. + <!=% "rt. D8no sectoral representative from the religious sector
+. Sec. !. <&=% "rt. D8Charitable institutions% churches and parsonages or convents
appurtenant thereto% mosHues% non#profit cemeteries% and all lands% buildings% and
improvements% actually% directly% and e$clusively used for religious% charitable% or
educational purposes sall be e7em&t from ta7ation.
2. Sec. !- <!=% "rt. D89o public money or property shall be appropriated% applied% paid%
or employed% directly or indirectly% for the use% benefit% or support of any sect% church%
denomination% sectarian institution% or system of religion% or of any priest% preacher%
minister% or other religious teacher% or dignitary as such% e7ce&t when such priest%
preacher% minister% or dignitary is assigned to the armed forces% or to any penal
institution% or government orphanage or leprosarium.
/. Sec. & <&=% "rt. C8D$t te o&tion e$pressed in writing by the parents or guardians%
religion shall be allowed to be taught to their children or wards in public elementary and
high schools within the regular class hours by instructors designated or approved by the
religious authorities of the religion to which the children or wards belong% without
additional cost to the Bovernment.
.. Sec. ( <!=% "rt. C8D?ilipino ownership reHuirement for educational institutions%
e7ce&t those established by religious groups and mission boards.
ustria vs. )LRC an3 C1U :ission Cor%. o5 t0e "
t0
@ay 3ventists, (.R. )o.
1,4!<,, ugust 1*, 1999, an ecclesiastical affair involves the relationship between the
church and its members and relates to matter of faith% religious doctrines% worship and
governance of the congregation. ,$amples of these affairs in which the State cannot
meddle are proceedings for e$communication% ordination of religious ministers%
administration of sacraments% and other activities to which is attached religious
significance. 8n this case% what is involved is the relationship of the church as an
employer and the minister as an employee. 8t is purely secular and has no relation
whatsoever with the practice of faith% worship or doctrine of the church.
S.$.3 P-LI"I3S
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Sec) J, $rticle II
(Inde&endent 8orei%n Polic*+
/0e State s0all %ursue an in3e%en3ent 5oreign %olicy. .n its relations 2it0 ot0er
states t0e %aramount consi3eration s0all be national sovereignty, territorial
integrity, national interest, an3 t0e rig0t to sel5A3etermination.
The word @relationsA covers the whole gamut of treaties and international
agreements and other >inds of intercourse. This is the closest reference to military
bases.
There is a mar>ed antipathy in the Constitution towards foreign military presence
in the country% or of foreign influence in general. (Lim vs. Executive Secretary, (.R.
)o. 1;144;, %ril 11, ,++,#
Sec) 8, $rticle II
(Polic* of 8reedom from Nuclear /ea&ons+
/0e 10ili%%ines, consistent 2it0 t0e national interest, a3o%ts an3 %ursues a
%olicy o5 5ree3om 5rom nuclear 2ea%ons in its territory.
Clearly% the ban is on nuclear armsthat is% the use and stoc>piling of nuclear
weapons% devices% and parts thereof. "nd this includes not only possessing% controlling
and manufacturing nuclear weapons% but also nuclear test in our territory% as well as the
use of our territory as dumping ground for radioactive waste.
The provision% however% is not a ban on the peaceful uses of nuclear energy. 9or
is it a ban on all @nuclear#capable vessels.A ?or a vessel to be banned% it is not enough
that it is capable of carrying nuclear arms6 it must actually carry nuclear arms.
9uclear weapons% if stored in our territory% may invite threats of foreign invasion
and there is a danger to the life and limbs of the people because of the threat of
e$plosion.
Sec) K, $rticle II
(?ust and 1*namic Social -rder+
/0e State s0all %romote a 4ust an3 3ynamic social or3er t0at 2ill ensure t0e
%ros%erity an3 in3e%en3ence o5 t0e nation an3 5ree t0e %eo%le 5rom %overty
t0roug0 %olicies t0at %rovi3e a3e$uate social services, %romote 5ull em%loyment,
a rising stan3ar3 o5 living, an3 an im%rove3 $uality o5 li5e 5or all.
8t reflects a preoccupation with poverty as resulting from structures that mire the
people in a life of dependence.
Sec) 60, $rticle II
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
(Social ?ustice+
/0e State s0all %romote social 4ustice in all %0ases o5 national 3evelo%ment.
<ead Sections 1 and ! of "rticle C888=
Sections 6'2 of $rticle DIII:
Section 65The ongress shall give highest priority to the enactment o4
measures that protect and enhance the right o4 all the people to human dignity, reduce
social, economic, and political ine9ualities, and remove cultural ine9uities +y e9uita+ly
di44using wealth and political power 4or the common good.
To this end, the #tate shall regulate the ac9uisition, ownership, use, and
disposition o4 property and its increments.
Section 25The promotion o4 social justice shall include the commitment to
create economic opportunities +ased on 4reedom o4 initiative and sel4!reliance.
The Constitution covers all phases of national development but with more
emphasis not only on economic ineHuities but also on political and cultural ineHuities.
Sec) 66, $rticle II
(Personal 1i%nit* and 2uman Ri%ts+
/0e State values t0e 3ignity o5 every 0uman %erson an3 guarantees 5ull res%ect
5or 0uman rig0ts.
<ead Sections 1/#1- of "rticle C888=
Section 62, $rticle II
(.e 8amil* as !asic Social Institution+
/0e State recogniEes t0e sanctity o5 5amily li5e an3 s0all %rotect an3 strengt0en
t0e 5amily as a basic autonomous social institution. .t s0all e$ually %rotect t0e li5e
o5 t0e mot0er an3 t0e li5e o5 t0e unborn 5rom conce%tion. /0e natural an3 %rimary
rig0t an3 3uty o5 %arents in t0e rearing o5 t0e yout0 5or civic e55iciency an3 t0e
3evelo%ment o5 moral c0aracter s0all receive t0e su%%ort o5 t0e government.
<ead "rticle CD=
The family here is to be understood as a stable heterose$ual relationship
whether formalized by civilly recognized marriage or not. Calling the family @a basic
social institutionA is an assertion that the family is anterior to the State and is not a
creature of the State. The categorization of the family as @autonomousA is meant to
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
protect the family against instrumentalization by the State.
)rotection of the 5nborn
The unborn7s entitlement to protection begins @from conceptionA% i.e.% from the
moment of conception. The intention is to protect life from its beginning% and the
assumption is that human life begins at conception and that conception ta>es place at
fertilization.
The provision is intended to prevent the State from adopting the doctrine in 5S
Supreme Court decision of Roe vs. 8a3e, 41+ US 11!, which liberalized abortion laws
up to the 2
th
month of pregnancy by allowing abortion at the discretion of the mother any
time during the first 2 months when it can be done without danger to the mother.
9atural ight and 3uty of )arents
)arents are entitled to the support of laws designed to aid them in the discharge
of their responsibility.
The provision also highlights the inherent duty of the State to act as parens
patriae and to protect the right of persons and individuals who% because of age or
inherent incapacity% are in an unfavorable position vis!:!vis other parties.
1eo%le vs. Larin, (.R. )o. 1,<""", Bctober ", 199<, " /210% which penalizes child
prostitution and other se$ual abuses% was enacted in consonance with the policy of the
State to @provide special protection to children from all forms of abuseA% thus% the Court
grants the victim full vindication and protection granted under the law.
Section 6:, $rticle II
;ital Role of te >out in Nation(!uildin%
/0e State recogniEes t0e vital role o5 t0e yout0 in nationAbuil3ing an3 s0all
%romote an3 %rotect t0eir %0ysical, moral, s%iritual, intellectual, an3 social 2ellA
being. .t s0all inculcate in t0e yout0 %atriotism an3 nationalism, an3 encourage
t0eir involvement in %ublic an3 civic a55airs.
Section 6I, $rticle II
(3<ualit* of /omen and ,en+
/0e State recogniEes t0e role o5 2omen in nationAbuil3ing, an3 s0all ensure t0e
5un3amental e$uality be5ore t0e la2 o5 2omen an3 men.
<ead Section 1(% "rticle C888=
1/I/ Co. vs. )LRC, (.R. )o. 11<9"<, :ay ,!, 199", the SC held that the petitioner7s
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
policy of not accepting or considering as disHualified from wor> any woman wor>er who
contracts marriage% runs afoul of the test of% and the right against% discrimination% which
is guaranteed all women wor>ers under the Constitution. :hile a reHuirement that a
woman employee must remain unmarried may be 4ustified as a @bona fide occupational
HualificationA where the particular reHuirements of the 4ob would demand the same%
discrimination against married women cannot be adopted by the employer as a general
principle.
Section 6G, $rticle II
(Ri%t to 2ealt+
/0e State s0all %rotect an3 %romote t0e rig0t to 0ealt0 o5 t0e %eo%le an3 instill
0ealt0 consciousness among t0em.
<ead Sections 11#1& of "rticle C888 as an aspect of Social 1ustice=
Section 6H, $rticle II
(Ri%t to $ !alanced and 2ealtful 3colo%*+
/0e State s0all %rotect an3 a3vance t0e rig0t o5 t0e %eo%le to a balance3 an3
0ealt05ul ecology in accor3 2it0 t0e r0yt0m an3 0armony o5 nature.
B%osa vs. &actoran, Cr., ,,4 SCR "9,, it was held that the &( minors duly 4oined by
their respective parents pleading the cause of @inter#generational responsibilityA and
@inter#generational 4usticeA% had a valid cause of action in Huestioning the grant of
Timber Licensing "greements <TL"s= for commercial logging purposes. The minors filed
the action for themselves as representing @their generation as well as generations yet
unbornA. The SC% on the basis of Section 12% "rticle 88 lin>ed with the right to health%
recognized a @right to a balanced and healthful ecologyA and @the correlative duty to
refrain from impairing the environmentA.
CI: /imber Cor%oration vs. lcala, (.R. )o. 111+<<, Cune 1!, 199", on the issue
that the @total log banA is a new policy which should be applied prospectively and not
affect the rights of petitioner vested under the Timber Licensing "greement <TL"=% the
Sc held that this is not a new policy but a mere reiteration of the policy of conservation
and protection the right to a balanced and healthful ecology.
Section 6J, $rticle II
/0e State s0all give %riority to e3ucation, science an3 tec0nology, arts, culture,
an3 s%orts to 5oster %atriotism an3 nationalism, accelerate social %rogress, an3
%romote total 0uman liberation an3 3evelo%ment.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
<ead also Section !% "rticle C8D=
8n 1RC vs. @e (uEman, (.R. )o. 144*<1, Cune ,1, ,++4% while it is true that
the SC has upheld the constitutional right of every citizen to select a profession or
course of study sub4ect to fair% reasonable% and eHuitable admission and academic
reHuirements% the e$ercise of this right may be regulated pursuant to the police power of
the State to safeguard health% morals% peace% education% order% safety and general
welfare. Thus% persons who desire to engage in the learned professions reHuiring
scientific or technical >nowledge may be reHuired to ta>e an e$amination as a
prereHuisite to engaging in their chosen careers. This regulation assumes particular
pertinence in the field of medicine% in order to protect the public from the potentially
deadly effects of incompetence and ignorance.
1::S, .nc. vs. C, ,44 SCR ""+, the Court said that the reHuirement that a
school must first obtain government authorization before operating is based on the
State policy that educational programs andIor operations shall be of good Huality and%
therefore% shall at least satisfy minimum standards with respect to curricula% teaching
staff% physical plant and facilities and administrative and management viability.
Section 68, $rticle II
/0e State a55irms labor as a %rimary social economic 5orce. .t s0all %rotect t0e
rig0t o5 t0e 2or?ers an3 %romote t0eir 2el5are.
8n the case of Gernar3o vs. )LRC, (.R. )o. 1,,91", Culy 1,, 1999, the SC
held that the 'agna Carta for 3isabled )ersons mandates that Hualified disabled
persons be granted the same terms and conditions of employment as Hualified able#
bodied employees6 thus% once hey have attained the status of regular wor>ers% they
should be accorded all the benefits granted by law% notwithstanding written or verbal
contracts to the contrary. This treatment is rooted not merely in charity or
accommodation% but in 4ustice for all.
Section 6K, $rticle II
/0e State s0all 3evelo% a sel5Areliant an3 in3e%en3ent national economy
e55ectively controlle3 by &ili%inos.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The Constitution does not necessarily rule out the entry of foreign investments%
goods and services. 8t contemplates neither @economic seclusionA nor @mendicancy in
the international communityA.
"side from envisioning a trade policy based on @eHuality and reciprocityA% the
fundamental law encourages industries that are @competitive in both domestic and
foreign mar>ets%A thereby demonstrating a clear policy against a sheltered domestic
trade environment% but one in favor of the gradual development of robust industries that
can compete with the best in the foreign mar>ets. (/a>a3a vs. ngara, ,", SCR 1<#
Section 20, $rticle II
/0e State recogniEes t0e in3is%ensable role o5 t0e %rivate sector, encourages
%rivate enter%rise, an3 %rovi3es incentives to nee3e3 investments.
<ead "rticle C88=
1octrine of 8ree 3nter&rise5
ssociation o5 10ili%%ine Coconut @esiccators vs. 1C, (.R. )o. 11+;,*,
&ebruary 1+, 199<, the SC said that although the Constitution enshrines free enterprise
as a policy% it nevertheless reserves to the Bovernment the power to intervene
whenever necessary for the promotion of the general welfare as reflected in Sections 2
L 1- of "rticle C88.
1est :anagement ssociation o5 t0e 10ili%%ines vs. &ertiliEer an3 1estici3e
ut0ority, (.R. )o. 1;*+41, &ebruary ,1, ,++" and 10armaceutical an3 'ealt0
Care ssociation o5 t0e 10ili%%ines vs. Sec. @u$ue ..., (.R. )o. 1"!+!4, Bctober
9, ,++", it was held that despite the fact that @our present Constitution enshrines free
enterprise as a policyA% it nevertheless reserves to the Bovernment the power to
intervene whenever necessary to promote the general welfare. ?ree enterprise does not
call for removal of Mprotective regulations7. 8t must be clearly e$plained and proven by
competent evidence 4ust e$actly how such protective regulation would result in the
restraint of trade.
Section 26, $rticle II
/0e State s0all %romote com%re0ensive rural 3evelo%ment an3 agrarian re5orm.
ural development encompasses a broad spectrum of social% economic% human%
cultural% political and even industrial development.
<See the case of ssociation o5 Small Lan3o2ners o5 t0e 10ili%%ines vs. Secretary
o5 grarian Re5orm, 1"; SCR !4!=
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Section 22, $rticle II
/0e state recogniEes an3 %romotes t0e rig0ts o5 in3igenous cultural communities
2it0in t0e 5rame2or? o5 national unity an3 3evelo%ment.
Nead Section +<!=% "rticle D86 Section +% "rticle C886 Section 1/% "rticle C8DO
Section 2:, $rticle II
/0e State s0all encourage nonAgovernmental, communityAbase3, or sectoral
organiEations t0at %romote t0e 2el5are o5 t0e nation.
<ead Sections 1+#12 of "rticle C888=
Section 2I, $rticle II
/0e State recogniEes t0e vital role o5 communication an3 in5ormation in nationA
buil3ing.
<ead Sections 10#11% "rt. CD86 Sec. !&% "rt. CD888=
Section 2G, $rticle II
/0e State s0all ensure t0e autonomy o5 local governments.
<ead "rticle C=
Gasco vs. 1(CBR, 19" SCR ;,, The SC held that the local autonomy under the
1-./ Constitution simply means @decentralizationA% and does not ma>e the local
governments sovereign within the State or an imperium in imperio.
Limbonas vs. :angelin, 1"+ SCR "<*
1ecentrali#ation of $dministration 1ecentrali#ation of Power
#delegation of administrative powers to the
local government unit in order to broaden
the base of governmental powers.
#abdication by the national government of
governmental powers
Lina vs. 1ano, (.R. )o. 1,9+9!, ugust !+, ,++1, the Sc said that the basic
relationship between the national legislature and the local government units has not
been enfeebled by the new provisions in the Constitution strengthening the policy of
local autonomy. :ithout meaning to detract from that policy% Congress retains control of
the LB5s although in a significantly reduced degree now under our previous
Constitutions. The power to create still includes the power to destroy. The power to
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
grant still includes the power to withhold or recall. True there are notable innovations in
the Constitution% li>e the direct conferment on the LB5s of the power to ta$ which
cannot now be withdrawn by mere statute. By and large% however% the national
legislature is still the principal of LB5s% which cannot defy its will or modify or violate it.
*urs is still a unitary form of government% not a federal state. Being so% any form of
autonomy granted to local governments will necessarily be limited and confined within
the e$tent allowed by the central authority.
Cu3ge @a3ole vs. CB, (.R. )o. 1,;!;+, @ecember !, ,++,, even as we recognize
that the Constitution guarantees autonomy to LB5s% the e$ercise of local autonomy
remains sub4ect to the power of control by Congress and the power of general
supervision by the )resident. $$$ The )resident can only interfere in the affairs and
activities of a LB5 if he finds that the latter had acted contrary to law. The )resident or
any of his alter egos% cannot interfere in local affairs as long as the concerned LB5 acts
within the parameters of the law and the Constitution. "ny directive% therefore% by the
)resident or any of his alter egos see>ing to alter the wisdom of a law#conforming
4udgment on local affairs of a LB5 is a patent nullity% because it violates the principle of
local autonomy% as well as the doctrine of separation of powers of the e$ecutive and
legislative departments in governing municipal corporations.
Section 2H, $rticle II
/0e State s0all guarantee e$ual access to o%%ortunities 5or %ublic service, an3
%ro0ibit %olitical 3ynasties as may be 3e5ine3 by la2.
1amatong vs. CB:ELEC, (.R. )o. 1*1<",, %ril 1!, ,++4, the SC said that this
provision does not bestow a right to see> the )residency6 it does not contain a 4udicially
enforceable constitutional right and merely specifies a guideline for legislative action.
The provision is not intended to compel the State to enact positive measures that would
accommodate as many as possible into public office. The privilege may be sub4ected to
limitations. *ne such valid limitation is the provision of the *mnibus ,lection Code on
nuisance candidates.
Section 2J, $rticle II
/0e State s0all maintain 0onesty an3 integrity in t0e %ublic service an3 ta?e
%ositive an3 e55ective measures against gra5t an3 corru%tion.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Section 28, $rticle II
Sub4ect to reasonable con3itions %rescribe3 by la2, t0e State a3o%ts an3
im%lements a %olicy o5 5ull %ublic 3isclosure o5 all its transactions involving
%ublic interest.
((((PRIN"IPL3 -8 .R$NSP$R3N">5
1-".RIN3 -8 S3P$R$.I-N -8 P-/3RS
This principle operated as an implicit limitation on legislative powers as on the
two other powers.
8n essence% separation of powers means the legislation belongs to Congress%
e$ecution to the e$ecutive% settlement of legal controversies to the 4udiciary. ,ach is
prevented from invading the domain of the others. But the separation is not total. The
system allows for @cecks and balancesF the net effect of which being that% in general%
no one department is able to act without the cooperation of at least one of the other
departments.
Pur&ose; To prevent concentration of powers in one department and thereby to avoid
tyranny. The purpose was not to avoid friction% but% by means of the inevitable friction
incident to the distribution of governmental powers among the three departments% to
save the people from autocracy.
1. To secure action
!. To forestall overaction
&. To prevent despotism
(. To obtain efficiency
8n La GugalAGJLaan /ribal ssociation vs. Ramos, (.R. )o. 1,"<<,,
@ecember 1, ,++4, the court restrained itself from intruding into policy matters to allow
the )resident and Congress ma$imum discretion in using mineral resources of our
country and in securing the assistance of foreign groups to eradicate the grinding
poverty of our people and answer their cry for viable employment opportunities in the
country. @The 1udiciary is loath to interfere with the due e$ercise by co#eHual branches
of government of their official functions.A Let the development of mining industry be the
responsibility of the political branches of the government. The Huestioned provisions of
" /-(! <)hilippine 'ining "ct of 1--+= are not unconstitutional.
8n :ace3a vs. Vas$ueE, ,,1 SCR 4*4, in the absence of any administrative
action ta>en against the TC 1udge by the SC with regard to the former7s certificate of
service% the investigation conducted by the *mbudsman encroaches into the SC7s
power of administrative supervision over all courts and its personnel% in violation of the
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
doctrine of separation of powers.
Princi&le of !lendin% of Powers: 8nstances when powers are not confined e$clusively
within one department but are assigned to or shared by several departments.
Princi&le of "ecks and !alances: This allows one department to resist
encroachments upon its prerogative or to rectify mista>es or e$cesses committed by the
other departments.
-The first and safest criterion to determine whether a given power has been validly
e$ercised by a particular department is whether or not the power has +een
constitutionally con4erred upon the department claiming its exercisesince the
conferment is usually done e$pressly. Eowever% even in the absence of e$press
conferment% the e$ercise of the power may be 4ustified under the doctrine of
necessar* im&lication. The grant of e$press power carried with it all other powers that
may be reasonably inferred from it.
?usticiable <uestion( implies a given right% legally demandable and enforceable% an act
or omission violative of such right% and a remedy granted and sanctioned by law for said
breach of right) (Casibang vs. $uino, 9, SCR *4,#
.23 IN23R3N. P-/3RS -8 .23 S.$.3
1. )olice )ower
!. )ower of ,minent 3omain
&. )ower of Ta$ation
Similarities:
1. 8nherent in the State% e$ercised even without need of e$press constitutional
grant.
!. 9ecessary and indispensable6 State cannot be effective without them.
&. 'ethods by which State interferes with private property.
(. )resupposes eHuivalent compensation.
+. ,$ercised primarily by the legislature.
1istinctions:
Police Power 3minent 1omain .a7ation
egulates both liberty and
property
may be e$ercised onl* by
"ffects property rights
may even be e$ercised by
affects property rights
may be e$ercised onl* by
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
government6 cannot be
delegated to administrative
body
property ta>en is usually
no$ious<unpleasant and
harmful= or intended for
no$ious purpose and may
thus be destroyed
compensation is the
intangible% altruistic feeling
that the individual has
contributed to the public
good
private entities
the property is wholesome
and devoted to public use
or purpose
compensation is the full
and fair eHuivalent of the
property ta>en
government6 cannot be
delegated to administrative
body
the property is wholesome
and devoted to public use
or purpose
it is the protection andIor
public improvements
instituted by government for
the ta$es paid
Limitations: Benerally% the Bill of ights% although in some cases the e$ercise of the
power prevails over specific constitutional guarantees. The courts may annul the
improvident e$ercise of police power.
These powers must not be e$ercised arbitrarily% to the pre4udice of Bill of ights.
8n Ericta vs. City (overnment o5 KueEon City, 1,, SCR ";9, the City
Bovernment of PC was not e$ercising police power when they reHuired private
cemetery owners to reserve 2J of the burial lots for pauper7s burial ground. The SC
held that in police power% the property to be ta>en is to be destroyed. The 2J are
private property of the cemetery owners. This is a ta>ing of private property. Sec. -% "rt.
888; @Private property shall not +e ta"en 4or pu+lic use without just compensation.
Clearly% this is an invalid e$ercise of police power. The City was made to pay the
owners 4ust compensation.
8n 10ili%%ine 1ress .nstitute vs. CB:ELEC, ,44 SCR ,",, Sec. ! of
C*',L,C esolution 9o. !//!% which mandates newspapers of general circulation in
every province or city to provide free print space of not less than Q page as C*',L,C
space% was held to be an invalid e$ercise of police power there being no showing of the
e$istence of a national emergency or imperious public necessity for the ta>ing of print
space% nor that the resolution was the only reasonable and calibrated response to such
necessity. This was held to be an e$ercise of the power of eminent domain% albeit
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
invalid% because the C*',L,C would not pay for the space to be given to it by the
newspapers.
-)olice power and power of ta$ationcannot be delegated to administrative bodies.
-)olice power and power of eminent domain both involved ta>ing. They differ in purpose.
-)olice powerto destroy6 because the property is harmful% obno$ious% poses a ris> to the
public.
-)ower of eminent domainonly private property is the sub4ect of ta>ing6 the purpose is to
convert the private property to public use.
P-LI"3 P-/3R5
8t is the power of promoting public welfare by restraining and regulating the use
of liberty and property.
8t is the power vested by the Constitution in the legislature to ma>e% ordain% and
establish all manner of wholesome and reasonable laws% statutes and ordinances%
either with penalties or without% not repugnant to the Constitution% as they shall 4udge to
be for the good and welfare of the commonwealth% and for the sub4ects of the same.
The power is plenary and its scope is vast and pervasive% reaching and 4ustifying
measures for public health% public safety% public morals% and the general welfare.
8t is the power to prescribe regulations to promote the health% morals% peace%
education% good order or safety and general welfare of the people <now common good=.
(Ginay vs. @omingo, ,+1 SCR ;+<#
8t has been described as @the most essential% insistent and the least limitable of
powers% e$tending as it does to all the great public needs.A 8t is the power vested in the
legislature to ma>e% ordain% and establish all manner of wholesome and reasonable
laws% statutes and ordinances% either with penalties or without% not repugnant to the
Constitution% as they shall 4udge to be for the good and welfare of the commonwealth%
and for the sub4ects of the same. (Carlos Su%er3rug Cor%. vs. @S8@, (.R. )o.
1**494, Cune ,9, ,++"#
Cabrera vs. La%i3, (.R. )o. 1,9+9<, @ecember *, ,++*, a careful reading of the
Huestioned esolution reveals that the *mbudsman dismissed petitioner7s criminal
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
complaint because respondents had validly resorted to the police power of the State
when they effected the demolition of the illegal fishpond in Huestion following the
declaration thereof as a nuisance per se. in the words of the *mbudsman% @those who
participated in the blasting of the sub4ect fishpond were only impelled by their desire to
serve the best interest of the general public6 for the good and the highest good.
eHuisites <Limitations=;
1. Lawful subBect5the interests of the public in general as distinguished from
those of a particular class% reHuire the e$ercise of this power.
!. Lawful means5the means employed are reasonably for the accomplishment of
the purpose% and not unduly oppressive on individuals.
@$ffected wit &ublic interestAan industry is sub4ect to control for the public
good6 it has been considered as the eHuivalent of @sub4ect to the e$ercise of police
powerA.
"onstruction: construed strictly and any doubt must be resolved against the grant.
ScopeICharacteristics;
8t is the most pervasive% least limitable% and the most demanding of the three
powers. The 4ustification is found in; salus populi est suprema lex <the welfare of the
people is the supreme law= and sic utere tuo ut alienum non laedas <use your property
so as not to impair others=.
1. 8t cannot be bargained away through the medium of a treaty or a contract.
!. The ta$ing power may be used as an implement of police power
&. ,minent domain may be used as an implement to attain the police power
ob4ective (ssociation o5 Lan3o2ners vs. Secretary o5 grarian Re5orm,
1"; SCR !4!#.
(. 8n Brtigas I Co. vs. C, (.R. )o. 1,*1+,, @ecember 4, ,+++, non#
impairment of contracts or vested rights clauses will have to yield to the
superior and legitimate e$ercise by the State of the police power.
+. 8n 1RC vs. @e (uEman, (.R. )o. 144*<1, Cune ,1, ,++4, the e$ercise of
the constitutional right of every citizen to select a profession or course of
study may be regulated pursuant to the police power of the State to safeguard
health% morals% peace% education% order% safety% and the general welfare of the
people. This regulation assumes particular pertinence in the field of medicine%
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
to protect the public from the potentially dead effects of incompetence and
ignorance.
8n C0aveE vs. Romulo, 4!1 SCR ;!4, the right to bear arms is merely
statutory privilege. The license to carry firearm is neither a property nor a property right.
9either does it create a vested right. " permit to carry outside one7s residence may be
revo>ed at any time. ,ven if it were a property right% it cannot be considered as absolute
as to be beyond the reach of the police power.
/o ma* e7ercise &olice &ower@
The power is inherently vested in Congress. Eowever% they may validly delegate
this power to the following;
1. the )resident
!. administrative bodiespublic and Huasi#public corporations
&. the lawma>ing bodies of local government units
Local government units e$ercise the power under the general welfare clause.
C)BRECB vs. /orres, (.R. no. 1,",49, &ebruary ,", 199<, while police
power may be delegated to the )resident by law% " 2-&- and )3 !20% as amended%
do not authorize the )resident or any other administrative body% to ta>e over the internal
management of a cooperative. "ccordingly% 'emorandum *rder 9o. (0-% issued by the
)resident% constituting an ad hoc committee to temporarily ta>e over and manage the
affairs of C"9*,C* is invalid.
8n ::@ vs. GelAir Village ssociation, (.R. )o. 1!;9*,, :arc0 ,", ,+++,
there is no provision in " /-!( that empowers the ''3" or its council to @enact
ordinance% approve resolutions and appropriate funds for the general welfareA of the
inhabitants of 'etro 'anila. Thus% ''3" may not order the opening of 9eptune St. in
the Bel#"ir Subdivision to public traffic% as it does not possess delegated police power.
Section 66, $rticle Dthe ongress may, +y law, create special metropolitan
political su+divisions, su+ject to a ple+iscite as set 4orth in #ection ;< hereo4. The
component cities and municipalities shall retain their +asic autonomy and shall +e
entitled to their own local executives and legislative assem+lies. The jurisdiction o4 the
metropolitan authority that will there+y +e created shall +e limited to +asic services
re9uiring coordination.
''3" is not a special metropolitan political subdivision.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Eowever% in ::@ vs. (arin, (.R. )o. 1!+,!+, %ril 1;, ,++;, although the
law <" /-!(= does not grant the ''3" the power to confiscate and suspend or
revo>e drivers7 licenses without need of any legislative enactment% the same law vests
the ''3" the duty to enforce e$isting traffic rules and regulations. Thus% where there is
a traffic law or regulation validly enacted by the legislature or those agencies to whom
legislative power has been delegated% the ''3" is not precludedand in fact is duty#
boundto confiscate and suspend or revo>e drivers7 licenses in the e$ercise of its
mandate of transport and traffic management% as well as the administration and
implementation of all traffic enforcement operations% traffic engineering services and
traffic education programs.
$dditional Limitations (/en e7ercised b* dele%ate+:
a. e$press grant by law
b. within territorial limits <for local government units% e$cept when e$ercised to
protect water supply=
c. must not be contrary to law
?or municipal ordinance to be valid;
1. it must not contravene the Constitution or any statute6
!. it must not be unfair or oppressive6
&. it must not be partial or discriminatory6
(. it must not prohibit% but may regulate% trade6
+. it must not be unreasonable6 and
2. it must be general in application and consistent with public policy.
8n City o5 :anila vs. Cu3ge Laguio, (.R. )o. 11<1,", %ril 1,, ,++;, the SC
declared as an invalid e$ercise of the police power the City of 'anila *rdinance 9o.
//.&% which prohibited @the establishment or operation of businesses providing certain
forms of amusement% entertainment% services and facilities in the ,rmita#'alate areaA%
for being contrary to the Constitution% infringing the guarantees of due process and
eHual protection of the laws.
8n Centeno vs. VillalonA1ornillos, ,!* SCR 19" (1994#, solicitation for
religious purposes may be sub4ect to proper regulation by the State in the e$ercise of
police power.
8n cebe3o B%tical Com%any, .nc. vs. C, !,9 SCR !14 (,+++#, the
issuance of business licenses and permits by a municipality or city is essentially
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
regulatory in nature. The authority% which devolved upon local government units% to
issue or grant such licenses or permits% is essentially in the e$ercise of the police power
of the State within the contemplation of the general welfare clause of the LBC.
The implementation of the Comprehensive "grarian eform Law <C"L= is an
e$ercise of police power and the power of eminent domain. To the e$tent that the C"L
prescribes retention limits to the landowners% there is an e$ercise of police power for the
regulation of private property in accordance with the Constitution. But where% to carry
out such regulation% the owners are deprived of lands they own in e$cess of the
ma$imum area allowed% there is also ta>ing under the power of eminent domain. The
ta>ing contemplated is not a mere limitation of the use of the land. :hat is reHuired is
the surrender of the title to and physical possession of the said e$cess and all beneficial
rights accruing to the owner in favor of the farmer beneficiary. The Bill of rights provides
that 5no person shall +e deprived o4 li4e, li+erty and property without due process o4
law. The C"L was not intended to ta>e away property without due process of law.
The e$ercise of power of eminent domain reHuires that due process be observed in the
ta>ing of private property. LRoxas an3 Co., vs. C, !,1 SCR 1+* (1999#M
Re%ublic vs. :anila Electric Com%any, (.R. )o. 141!14, )ovember 1;,
,++,, the regulation of rates to be charged by public utilities is founded upon the police
power of the State and statutes prescribing rules for the control and regulations of public
utilities are a valid e$ercise thereof. :hen a private property is used for a public
purpose and is affected with public interest% it ceases to be juris privati only and
becomes sub4ect to regulation. The regulation is to promote the common good.
Submission to regulation may be withdrawn by the owner by discontinuing use6 but as
long as the use of the property is continued% the same is sub4ect to public regulation.
8n regulating rates charged by public utilities% the State protects the public against
arbitrary and e$cessive rates while maintaining the efficiency and Huality of services
rendered. Eowever% the power to regulate rates does not give the State the right to
prescribe rates which are so low as to deprive the public utility of a reasonable return on
investment.
10ili%%ine 1ress .nstitute (11.# vs. CB:ELEC, ,44 SCR ,",, Section ! of
C*',L,C esolution 9o. !//!% which mandates newspapers of general circulation in
every province or city to provide free print space of not less than Q page as C*',L,C
space% was held to be invalid e$ercise of police power there being no showing of the
e$istence of national emergency or imperious public necessity for the ta>ing of print
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
space% nor that the resolution was the only reasonable and calibrated response to such
necessity.
Public &ur&ose and use has broader concept now. 8t now includes D8C"8*5S
B,9,?8TS that society may derive from a particular measure.
e.g. C*9C,9 ?* TE, )**SC recognized this as one for public purpose
and use.
P-/3R -8 3,IN3N. 1-,$IN5 also >nown as the power of e$propriation
The power of eminent domain is the power of the State to forcibly ta>e private
property for public use upon payment of 4ust compensation.
8t is the right or power of a sovereign state to appropriate private property to
particular uses to promote public welfare.
8t is government7s right to appropriate% in the nature of a compulsory sale to the
State% private property for public use or purpose. (:o3ay vs. C, ,*< SCR ;<*#
The ultimate right of the sovereign power to appropriate% not only the public% but
even the private property of all citizens within the territorial sovereignty% for public
purpose.
Power of 3minent 1omain 1estruction 1ue to Necessit*
involves public rights
the property is converted to public use
there must be payment of 4ust
compensation
underta>en by the State
involves private rights such as self#
preservation and self#defense
there is no need for the conversion to
public use
no need for 4ust compensation
may be validly underta>en even by
private individuals
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
-bBect of 37&ro&riation:
1. anything that comes under the dominion of man
!. real% personal% tangible and intangible
&. property right
(. churches and other religious properties
+. property already devoted to public use
37ce&t: money# because compensation is also money
/o ma* e7ercise@
Benerally% the legislature% but also upon valid delegation to;
1. the )resident6
!. lawma>ing bodies of LB5s6
&. administrative bodiespublic and Huasi#public corporations
(. )rivate enterprises performing public services.
8n the case of Re%ublic vs. C, (.R. )o. 14*;<", Culy ,, ,++,, the power of
eminent domain must% by enabling law% be delegated to local governments by the
national legislature% and thus% can only be as broad as the real authority would want it to
be. The grant of the power to local government units under " /120 cannot be
understood as eHual to the pervasive and all encompassing power vested in the
legislative branch of government.
C.L Sc0ool &oun3ation vs. :unici%ality o5 1asig, (. R. )o. 1;,,!+, ugust
9, ,++;FSec. 1-% of the LBC reHuires the LB5 to tender a prior written definite and
valid offer to acHuire the property before the filing of the complaint for eminent domain.
&ilstream .ntJl .nc. vs. C, ,<4 SCR "1*=the e$ercise of the power of
eminent domain is clearly superior to the final and e$ecutor 4udgment rendered by the
court in an e4ectment case.
R1 vs. 1L@/, ,* SCR *,+=services were considered embraced in the
concept of property sub4ect to ta>ing under the power of eminent domain. epublic% in
the e$ercise of the sovereign power of eminent domain% may reHuire the telephone
company to permit interconnection of the government telephone system and that of the
)L3T% as the needs of government service may reHuire% sub4ect to the payment of 4ust
compensation to be determined by the court.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
/ere 37&ro&riation Suit Is 8iled:
8n the egional Trial Courtbecause it is incapable of pecuniary estimation
Re<uisites:
1. Necessit*5when e$ercised by;
a. Congressit is a political HuestionL (:unici%ality o5 :eycauayan,
Gulacan vs. .C, 1;" SCR *4+#
b. 3elegatethe determination of whether there is a genuine necessity for
the e$ercise is a 4usticeable Huestion (Re%ublic vs. La Br3en 3e 1o.
Gene3ictinos, 1 SCR *49#.
The TC has the power to inHuire to the legality of the e$ercise of the right of
eminent domain and to determine whether there is a genuine necessity for it (Gar3illon
vs. Grgy. :asili o5 Calamba, Laguna, (.R. )o. 14*<<*, %ril !+, ,++!#.
Lagcao vs. Cu3ge Labra, (.R. )o. 1;;"4*, Bctober 1!, ,++4=there was no
showing at all why petitioners7 property was singled out for e$propriation by the city
ordinance or what necessity impelled the particular choice or selection. The ordinance
stated no reason for the choice of petitioners7 property as the site of a socialized
housing pro4ect.
!. Private &ro&ert*5all private property capable of ownership may be
e$propriated e$cept money and choses in action6 may include services.
(Re%ublic vs. 1L@/, ,* SCR *,+#
In City o5 :anila vs. C0inese Community, 4+ 10il. !49, a cemetery open to
the public was already in public use and no part of the ground could be ta>en for other
public uses under a general authority. The City of 'anila was without authority to
e$propriate the property. <The Congress itself should e$propriate or there must be
special grant.=
&. .akin%5 there is ta>ing when;
a. The owner is actually deprived or dispossessed of his property6
b. There is practical destruction or material impairment of the value of the
property6
c. The owner is deprived of the ordinary use of his property6
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
d. The owner is deprived of 4urisdiction% supervision and control of his
property.
eHuisites for a valid ta>ing; <,'"3*=
a. The e$propriator must enter a private property6
b. ,ntry must be for more than a momentar* period6
c. ,ntry must be under warrant or color of autorit*6
d. )roperty must be devoted to public use or otherwise informally appropriated
or in4uriously affected6
e. 5tilization of the property must be in such a way as to oust the owner and
deprive him of beneficial en4oyment of the property.
(Re%ublic vs. Castelvi, ;< SCR !!*#
The ta>ing of private property may include the impairment of the use of the
property for which it was intended. 8n US vs. Causby, !,< US ,;*, the flight of planes
from a nearby military airport over plaintiff7s property below the navigable airspace
resulting in the ruin of plaintiff7s chic>en farm was considered compensable ta>ing. So
also were low landing and ta>e#off flights which made nearby residential area unlivable
((riggs vs. lleg0eny County, !*9 US <4#) This is ta>ing in the constitutional sense.
3venida, 0i7al used to +e the commercial center o4 >anila. However, when
the &ight 0ailway Transit (&0T) was +uilt, the commercial value o4 3venida was greatly
diminished. The shops and stores had to close. The owners o4 these esta+lishments
su44ered losses +ecause o4 the operation o4 the &0T along 3venida, 0i7al. 3re they
entitled to +e paid just compensation?
9o. SC held that the >ind of in4ury or loss that one must suffer that will 4ustify
the payment of 4ust compensation must be a s&ecial kind of inBur* or loss as in the
case of Causby. 8f the in4ury or loss that one suffered is one which he suffered together
with the rest of the community% his only compensation in such a case is the altruistic
feelin% that somehow he is able to contribute to the common good.
C)BRECB vs. C, (.R. )o. 1+9!!<, )ovember ,+, ,+++, The owner of the
property cut the electric lines alleging that it impaired him of the use of his property. The
SC held that the property owner was not 4ustified in cutting the electric lines. Eis
property becomes the servient estate sub4ect to the encumbrance% and the acHuisition
of an easement of right of way filed by an electric power company for the construction of
transmission lines falls within the purview of the power of eminent domain. Eowever%
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
since there was an impairment of the use of the property% he is entitled to the payment
of 4ust compensation.
The establishment of an easement is a form of compensable ta>ing. 8n
)1BCBR vs. S%s. (utierreE, (.R. )o. *++"", Canuary 1<, 1991, the owner of the
land was awarded full compensation against the 9")*C*7s argument that the owners
were not totally deprived of the use of the land and could still plant the same crops as
long as they did not come into contact with the wires. The Court said; @the right of way
easement perpetually deprives defendants of their proprietary rights as manifested by
the imposition by the plaintiff upon defendants that below said transmission lines no
plant higher than & meters is allowed. ?urthermore% because of the high#tension current
conveyed through the transmission lines% danger to life and limbs that may be caused
beneath said wires cannot altogether be discounted% and to cap it all% plaintiff only pays
the fee to defendant once% while the latter shall continually pay the ta$es due on said
affected portion of their property.
8n 1eo%le vs. &a4ar3o, 1+4 10il. 44, a municipal ordinance prohibiting a building
which would impair the view of the plaza from the highway was considered ta>ing. The
property owner was held to be entitled to payment of 4ust compensation.
8n Velarma vs. C, ,;, SCR 4++, the owner of the property can recover
possession of the property from sHuatters% even if he agreed to transfer the property to
the Bovernment% until the transfer is consummated or the e$propriation case is filed.
.akin% under 3minent 1omain
Proceedin%
.akin% under Police Power
*nly private properties may be ta>en
The private property is ta>en in order to
convert it to public use
"ll properties are sub4ect to ta>ing
The purpose of ta>ing is to destroy the
property because it is harmful or
obno$ious to the public.
10ili%%ine 1ress .nstitute (11.# vs. CB:ELEC, ,44 SCR ,",, Section ! of
C*',L,C esolution 9o. !//!% which mandates newspapers of general circulation in
every province or city to provide free print space of not less than Q page as C*',L,C
space% was held to be an e$ercise of power of eminent domain% albeit invalid% because
the C*',L,C would not pay for the space to be given to it by the newspapers.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
/ELEG1, .nc. vs. CB:ELEC, ,<9 SCR 199<, the constitutionality of Sec. -!
of B) ..1 <reHuiring radio and television station owners and operators to give to the
C*',L,C radio and television time free of charge= was challenged on the ground that
it violated the due process clause and the eminent domain provision of the Constitution
by ta>ing airtime from radio and television broadcasting stations without payment of 4ust
compensation. The SC held that all broadcasting% whether by radio or by television
stations% is licensed by the government. "irwaves freHuencies have to be allocated as
there are more individuals who want to broadcast than there freHuencies to assign. "
franchise is thus a privilege sub4ect% among other things% to amendment by Congress in
accordance with the constitutional provision that @any such franchise or right granted $ $
$ shall be sub4ect to amendment% alteration or repeal by the Congress when the
common good so reHuiresA <"rt. C88% Sec.11=.
8n the granting of the privilege to operate broadcast stations and thereafter
supervising radio and television stations% the State spends considerable public funds in
licensing and supervising such stations. 8t would be strange if it cannot even reHuire the
licensees to render public service by giving free airtime. $ $ $ "s radio and television
broadcast stations do not own the airwaves% no private property is ta>en by the
reHuirement that they provide airtime to the C*',L,C.
PPI vs) "-,3L3" .3L3!$P vs) "-,3L3"
there was ta>ing of property
newspaper space is the private property
of the newspaper owners
print media do not en4oy privilege
there was no ta>ing of private property
airwaves are scarce resources% the use is
regulated by the State
franchise <privilege= is issued by the State
<"rt. C88% Sec. 11=
_Shifting argument alleged in T,L,B"); both ))8 and T,L,B") are media of communication
and information. ,Hual protection clause was raised as an issue. The SC ruled that eHual
protection clause does not guarantee absolute eHuality. There may be classification. )ersons or
things ostensibly similarly situated may% nonetheless% be treated differently if there is a basis for
valid classification.
(. Public use5@public interestA6 @public benefitA6 @public welfareA6 @public
convenienceA (Reyes vs. )', (.R. )o. 14";11, Canuary ,+, ,++!#.
The general conceptmeeting public need or public e$igency6 may include
indirect public benefit or advantage.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8n Estate o5 Salu3 CimeneE vs. 1EH, !49 SCR ,4+, public use is whatever
may be beneficially employed for the general welfare.
8t has been broadened to include not only uses directly available to the public but
also those which redound to their indirect benefit6 that only a few would actually benefit
from the e$propriation of the property does not necessarily diminish the essence and
character of public use. (:anosca vs. C, ,;, SCR 41,#
8n &ilstream .ntJl .nc. vs. C, ,<4 SCR "1*, the fact that the property is less
than Q hectare and that only a few could actually benefit from the e$propriation does
not diminish its public use character% inasmuch as @public useA now includes the broader
notion of indirect public benefit or advantage% including% in particular% urban land reform
and housing.
By e$press legislative authority granted by Congress in Sec. 1-% " /120% LB5s
may e$propriate private property for public use% or purpose% or welfare% for the benefit of
the poor and the landless. Thus% in :o3ay vs. C, ,*< SCR ;*<, the SC held that the
Sangguniang )anlalawigan of "gusan del Sur was without authority to disapprove
Bunawan 'unicipal esolution 9o. (&#.- because% clearly% the 'unicipality of Bunawan
has authority to e$ercise the power of eminent domain and its Sanggguniang Bayan the
capacity to promulgate the assailed resolution.
Eowever% in the case of :unici%acility o5 1ara>a$ue vs. V.:. Realty
Cor%oration, ,9, SCR *"*, the SC declared that there was lac> of compliance with
Sec. 1- of " /120% where the 'unicipal 'ayor filed a complaint for eminent domain
over two <!= parcels of land on the strength of the resolution passed by the
Sangguniang Bayan% because what is reHuired by law is an ordinance and not mere
resolution.
8n &rancia, Cr. vs. :unici%ality o5 :eycauayan, (.R. )o. 1"+4!,, :arc0 ,4,
,++<, the Supreme Court held that the determination of a public purpose for the
e$propriated property is not a condition precedent before a court may issue a writ of
possession. *nce the reHuisite in Sec. 1- of the Local Bovernment Code are satisfied%
the issuance of the writ becomes a ministerial matter for the court.
+. ?ust "om&ensation5the full and fair mar>et value of the property ta>en6 it is
the fair mar>et value of the property. 8t is settled that the mar>et value of the
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
property is @that sum of money which a person% desirous but not compelled to
buy% and an owner% willing but not compelled to sell% would agree on a price to be
given and received therefor.A
'edium; money e$cept; payment other than money (ssociation o5 Small
Lan3o2ners vs. Secretary o5 grarian Re5orm, 1"; SCR !4!#, payment is allowed
to be made partly in bonds% because under the C") it deals with the revolutionary >ind
of e$propriation.
The determination of 4ust compensation in eminent domain cases is a 4udicial
function and factual findings of the C" are conclusive on the parties and reviewable only
when the case falls within the recognized e$ceptions. ()1BCBR vs. San 1e3ro, (.R.
)o. 1"+94;, Se%tember ,*, ,++*#
Lan3 Gan? vs. C (an3 @R vs. C#, ,49 SCR 149=Sec. 12<e=% " 22+/
the deposit of compensation must be in @cashA or in @Land Ban> bondsA not in any other
form% and certainly not in a @trust accountA.
Reckonin% &oint of market value of te &ro&ert*:
?'D at the date of; a= filing of the complaint6 or
b= the ta>ing Rwhichever is earlier.
Rules in ?ust "om&ensation(Rule HJ, Sec) H:
1. 3etermine the actual or basic value of the property.
!. 8f entire property not e$propriated;
;alue of &ro&ert* ( conse<uential benefits M conse<uential
dama%es
(basic or actual+ ("!+ ("1+
8f conseHuential benefits e$ceed conseHuential damages% CB and C3 should be
disregarded because the B"S8C D"L5, of the property should be paid in every
case.
!asic0market value5the price that may be agreed upon by the parties willing but not
compelled to enter into a contract of sale.
- ?actors to be considered;
Cost of acHuisition "ctual or potential uses
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Current value of li>e properties in particular case; size of lands% shape% location
and ta$ declaration
"onse<uential dama%es5in4uries directly caused on the residue of the private
property ta>en by reason of e$propriation
,$ample; the property left is in odd shape or with area virtually unusable
"onse<uential !enefits5the remainder is% as a result of the e$propriation% placed in a
better location% such as fronting a street where it used to be an interior lot.
ssociation o5 Small Lan3o2ners vs. @R, 1"; SCR !4! (19<9#5 the power of
eminent domain could be used as an implement of police power. The e$pressed
ob4ective of the law was the promotion of the welfare of the farmers% which came clearly
under the police power of the state. To achieve this purpose% the law provided for the
e$propriation of agricultural lands <sub4ect to minimum retention limits for the
landowners= to be distributed among the landless peasantry.
3""B determines 4ust compensation <e$ception to the general rule that courts decide
the value=
3" may ma>e initial valuation6 owner goes to court if not satisfied.
-,$propriation may be initiated by court action or b* le%islation) 8n both instances%
4ust compensation is determined by the courts.
8n Re%ublic vs. Salem .nvestment Cor%oration, et al., (.R. )o. 1!";*9, Cune ,!,
,+++, the Supreme Court held that it is only upon payment of 4ust compensation that
title over the property passes to the government. Therefore% until the action for
e$propriation has been completed and terminated% ownership over the property being
e$propriated remains with the registered owner. ConseHuently% the latter can e$ercise
all rights pertaining to an owner% including the right to dispose of his property% sub4ect to
the power of the State ultimately to acHuire it through e$propriation.
The 3ela amas ma>e much of the fact that ownership of the land was
transferred to the government because the eHuitable and the beneficial title were
already acHuired by it in 1-.&% leaving them with only the na>ed title. Eowever% $$$ the
recognized rule% indeed% is that title to the property e$propriated shall pass from the
owner to the e$propriator only upon full payment of 4ust compensation.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Le%al interest for e7&ro&riation cases5HN
#from the time of ta>ing until 4ust compensation is actually paid
#interest must be claimed% otherwise% it is deemed waived
-Title to the property sall not be transferred until after actual payment of 4ust
compensation is made to the owner.
=enuine Necessit*5
9ational legislationHuestion of necessity is )*L8T8C"L6 4udiciary has no power
to inHuire.
3elegateliberally in favor of the private property owner6 4udiciary can inHuire
into whether the authority conferred upon such delegate correctly and properly
e$ercisedI whether e$propriation contemplated by the delegate necessary or wise.
:ay eminent 3omain be barre3 by 7res 4u3icata6 or 7la2 o5 t0e case69
EThe principle of res judicata% which finds application in generally all cases and
proceedings% cannot bar the right of the State or its agents to e$propriate private
property. The very nature of eminent domain% as an inherent power of the State%
dictates that the right to e$ercise the power be absolute and unfettered even by a prior
4udgment or res judicata. The scope of eminent domain is plenary and% li>e police
power% can @reach every form of property which the State might need for public useA. "ll
separate interests of individuals in property are held of the government under this tacit
agreement or implied reservation. 9otwithstanding the grant to individuals% the eminent
domain% the highest and most e$act idea of property% remains in the government% or in
the aggregate body of the people in their sovereign capacity6 and they have the right to
resume the possession of the property whenever the public interest reHuires it. Thus%
the State or its authorized agents cannot be forever barred from e$ercising said right by
reason alone of previous non#compliance with any legal reHuirement.
:hile the principle of res judicata does not denigrate the right of the State to
e$ercise eminent domain% it does not apply to specific issues decided in a previous
case. ?or e$ample% a final 4udgment dismissing an e$propriation suit on the ground that
there was no prior offer precludes another suit raising the same issue6 it cannot%
however% bar the State or its agent% from thereafter complying with this reHuirement% as
prescribed by law% and subseHuently e$ercising its power of eminent domain over the
same property. L:unici%ality o5 1ara>a$ue vs. V.:. Realty Cor%., ,9, SCR *"<
(199<#M
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
80en may t0e %ro%erty o2ner be entitle3 to t0e return o5 t0e ex%ro%riate3
%ro%erty in eminent 3omain cases9
8n 1rovincial (overnment o5 Sorsogon vs. Villaroya, the unpaid landowners were
allowed the alternative remedy of recovery of the property. The Court ruled that @under
ordinary circumstances% immediate return to the owners of the unpaid property is the
obvious remedy.A
Eowever% in cases where land is ta>en for public use% public interest must be
considered. (Estate o5 Salu3 CimeneE vs. 1EH, !49 SCR ,4+#
Ri%t of landowner in case of non(&a*ment of Bust com&ensation5as a rule% it
does not entitle the landowners to recover possession of the e$propriated lots% but only
to demand payment of the fair mar>et value of the property. (Re%ublic vs. C, (.R.
)o. 14*;<", Culy ,, ,++,= Reyes vs. )', (.R. )o. 14";11, Canuary ,+, ,++!#.
Eowever% in R1 vs. Vicente Lim, (.R. )o. 1*1*;*, Cune ,9, ,++;, the SC said
that the facts of the case do not 4ustify the application of the rule. 8n this case% the
epublic was ordered to pay 4ust compensation twice6 the first was in the e$propriation
proceedings% and the second% in the action for recovery of possession. ?ifty#seven <+/=
years have passed since then. The Court construed the epublic7s failure to pay 4ust
compensation as a deliberate refusal on its part. 5nder such circumstances% recovery of
possession is in order. 8t was then held that where the government failed to pay 4ust
compensation within + years from the finality of the 4udgment in the e$propriation
proceedings% the owners concerned shall have the right to recover possession of their
property.
PlaintiffAs ri%t to dismiss te com&laint in 3minent 1omain
8n e$propriation cases% there is no such thing as the plaintiff7s @matter#of#rightA to
dismiss the complaint% precisely because the landowner may have already suffered
damages at the start of the ta>ing. The plaintiff7s right to dismiss the complaint has
always been sub4ect to court approval and to certain conditions. ()1BCBR I 1obre
vs. C, (.R. )o. 1+*<+4, ugust 1,, ,++4#
Ri%t to re&urcase or re(ac<uire te &ro&ert*
The property owner7s right to repurchase the property depends upon the
character of the title acHuired by the e$propriator% e.g., if the land is e$propriated for a
particular purpose with a condition that when the purpose is ended or abandoned% the
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
property shall revert to the former owner% then the former owner can re#acHuire the
property. 8n this case% the terms of the 4udgment in the e$propriation case were very
clear and uneHuivocal% granting title to the lot in fee simple to the epublic. 9o condition
on the right to repurchase was imposed. (:actanACebu .nternational ir%ort
ut0ority vs. C, (.R. )o. 1!949;, )overmber ,", ,+++#
Re%ublic vs. C, (.R. )o. 14*;<", Culy ,, ,++,, in arguing for the return of
their property on the basis of non#payment% respondents ignored the fact that the right of
the e$propriatory authority is far from that of an unpaid seller in ordinary sales to which
the remedy is rescission may perhaps apply. ,$propriation is an in rem proceeding% and
after condemnation% the paramount title is in the public under a new and independent
title.
P-/3R -8 .$D$.I-N5is the power to demand from the members of society their
proportionate shareIcontribution in the maintenance of the government.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8t is the power by which the State raises revenue to defray the necessary
e$penses of the Bovernment.
Sco&e: covers persons% property or occupation to be ta$ed within the ta$ing 4urisdiction.
8t is so pervasive6 it reaches even the citizens abroad and their income outside the
)hilippines6 all the income earned in the )hilippines by a citizen or alien.
!asis: power emanating from necessity <lifeblood doctrine=
Im&ortance of .a7ation:
1. 9o constitutional government can e$ist without it6
!. 8t is one great power upon which the whole national fabric is based6
&. 8t is necessary for the e$istence and prosperity of the nation6 and
(. 8t is the lifeblood of the nation.
/o ma* e7ercise@ Benerally% the legislature% but also upon valid delegation;
1. Lawma>ing bodies of LB5s <Sec. +% "rt. C=6
!. )resident <limited e$tent#delegated tariff powers=% under Sec. !. <!=% "rt. D8 of
the Constitution or as an incident of emergency powers that Congress may
grant to him under Sec. !& <!=% art. D8.
Pur&ose: unavoidable obligation of the government to protect the people and e$tend
them benefits in the form of public pro4ects and services.
)ublic purposeproceeds must be devoted to public use. 8t includes 8938,CT
public advantageIbenefits. The mere fact that the ta$ will be directly en4oyed by private
individual does not ma>e it 89D"L83 so long as the same lin> to public welfare is
established.
Re<uisites:
1. 8t must be for public purpose6
!. 8t shall be uniform6
&. )erson or property ta$ed shall be within the 4urisdiction of the ta$ing authority6
(. 8n assessment L collection% notice and hearing shall be provided.
Limitations on te Power of .a7ation
)nherent limitations@
1. )ublic purpose6
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!. 9on#delegability of power6
&. Territoriality or Situs of ta$ation6
(. ,$emption of government from ta$ation6
+. 8nternational comitygenerally accepted principles of international law
onstitutional limitations@
1. 3ue process of lawta$ should not be confiscatory.
-3ue process does not reHuire previous notice and hearing before a law
prescribing fi$edIspecific ta$es on certain articles may be enacted.
-8f the ta$ to be collected is to be based on the value of the ta$able propertyad
valorem ta$the ta$payer is entitled to be notified of the assessment proceeding
and to be heard on the correct valuation.
!. ,Hual protection of lawta$es should be uniform and eHuitable.
&. 5niformitypersonsIthings belonging to the same class shall be ta$ed at the
same rate
,Huitabilityta$es should be apportioned among the people according to their
capacity to pay
)rogressivity
(. 9on#impairment of contracts
+. 9on#imprisonment for non#payment of poll ta$
2. evenue and tariff bills must originate in the E*
/. 9on#infringement of religious freedom
.. 3elegation of legislative authority to the )resident to fi$ tariff rates% import and
e$port Huotas% tonnage and wharfage dues
-. Ta$ e$emption of properties actually% directly and e$clusively used for religious%
charitable and educational purposes
10. 'a4ority vote of all the members of Congress reHuired in case of legislative
grant of ta$ e$emptions
11. 9on#impairment of the SC7s 4urisdiction in ta$ cases
1!. Ta$ e$emption of revenues and assets of% including grants% endowments%
donations% or contributions to% educational institutions.
1ouble ta7ation5additional ta$es are laid;
6) *n the same sub4ect6
2) By the same ta$ing authority6
:) 3uring the same ta$ing period6 and
I) ?or the same purpose.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
3ouble ta$ation is allowed by law. Eowever% it will not be allowed if the same will
result in violation of the eHual protection clause. :hat is prohibited is direct double
ta$ation.
8n 1unEalan vs. :unici%al Goar3 o5 :anila, 9; 10il. 4*, there is no double
ta$ation if one ta$ is imposed by the LB5 and the other by the 9ational Bovernment.
.a7es5the enforced proportional contributions from persons and property levied by the
State by virtue of its sovereignty for the support of the government and for all public
needs.
.$D LI"3NS3
6) $S .- !$SIS
)ower of ta$ationto raise revenue )olice powerto regulate
2) $S .- LI,I.$.I-N
ate or amount to be collected is unlimited
provided it is not confiscatory
"mount is limited to cost of; a=issuing the
license6 and b=necessary inspection of
police surveillance
:) $S .- -!?3".
8mposed on persons or property )aid for privilege of doing something but
privilege is revocable
I) $S .- 3883". -8 N-N(P$>,3N.
Business or activity does not become
illegal
Business becomes illegal
.a7 1ebt
due to the government in its sovereign
capacity
due to the government in its corporate
capacity
Ta$es cannot be sub4ect to off#setting or compensation for the simple reason that the
government and the ta$payers are not creditors and debtors of each other.
(10ilex :ining Cor%. vs. C.R, ,94 SCR *<"#
.a7 e7em&tions:
#discretion of the legislature
1. Sec. !. <(=% "rt. D8
!. Sec. !. <&=% "rt. D8
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. Sec. ( <&=% "rt. C8D
(. Sec. ( <(=% "rt. C8D
+. :here ta$ e$emption is granted gratuitously% it may be revo>ed at will6 but not if
granted for a valuable considerationdeemed to parta>e of the nature of
contract and obligation thereofprotection against impairment.
8n Lla3oc vs. C.R, 14 SCR ,9,, a parish priest accepted a donation to be used
for the construction of a church. The money was spent for the purpose. The C8
imposed ta$. The ob4ection was based on constitutional e$emption of church properties
from ta$es. The SC re4ected. ,$emption referred only to property ta$es imposed on
lands% buildings and improvements used for religious purposes. The ta$ in this case is
not an ad valorem ta$ on the church itself but an e$cise ta$ imposed on the priest <not
on the properties= for his e$ercise of the privilege to accept the donation.
.erritorialit* in .a7ation5the power to ta$ operates only within the territorial
4urisdiction of the ta$ing authority. 8t cannot be e$ercised beyond the boundaries e$cept
under certain circumstances.
.a7able Situs of Real Pro&erties5the place where they are situated
:obilia Se$untur 1ersonamFthe intangible personal property such as credits% ban>
deposits% bonds% corporate stoc>s which do not admit of actual location and do not have
inherent value but mere evidence of debts or property are usually ta$able in the state of
residence of the owner.
4niformit* in .a7ationall ta$able articles% or >inds of property of the same class%
shall be ta$ed at the same rate. There is uniformity when a ta$ operates in ta$ation with
the same force and effect on its sub4ect wherever found.
3<ualit* of .a7ation5ta$es shall be strictly proportional to the relative value of the
ta$able property.
$rticle III
!ILL -8 RI=2.S
Si%nificance) Bovernment is powerful. :hen limited% it becomes tyrannical. 8t is a
guarantee that there are certain areas of person7s life% liberty or property which
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
government power may not touch.
"ll the powers of the government <police power% power of eminent domain and power
of ta$ation= are limited by the Bill of ights.
"lassification of Ri%ts:
1. Political Ri%tsgranted by law to members of a community in relation to their
direct or indirect participation in the establishment or administration of
government.
!. "ivil Ri%tsrights which municipal law will enforce at the instance of private
individuals for the purpose of securing them the en4oyment of their means of
happiness.
&. Social and 3conomic Ri%tsthese are the rights which generally reHuire
implementing legislation. <"rticle C888=
-1octrine of Preferred 8reedom (2ierarc* of Ri%ts+5some rights are preferred
1G: Em%loyees Brg. vs. 1G: Co., .nc., ;1 SCR 1<9
:hile the Bill of ights also protects property rights% the primacy of human rights
over property is recognized. Because these freedoms are @delicate and
vulnerable% as well as supremely precious in our societyA and the @threat of
sanctions may deter their e$ercise almost as potently as the actual application of
sanctions%A they @need breathing space to survive%A permitting government
regulation only @with narrow specificity.A
)roperty and property rights can be lost thru prescription6 but human rights are
imprescriptible.
48n the hierarchy of civil liberties% the rights of free e$pression and of assembly
occupy a preferred position as they are essential to the preservation and vitality of our
civil and political institutions6 and such priority @gives these liberties the sanctity and the
sanction not permitting dubious intrusions.A
The superiority of these freedoms over property rights is underscored by the fact
that a mere reasona+le or rational relation +etween the means employed +y the
law and its o+ject or purposethat the law is neither ar+itrary nor discriminatory
nor oppressive=would su44ice to validate a law which restricts or impairs
property rights.
*n the other hand% a constitutional or valid infringement of human rights reHuires a
more stringent criterion% namely e$istence of a grave and immediate danger of a
substantive evil which the State has the right to prevent.
Sec) 6, $rt) III
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
)o %erson s0all be 3e%rive3 o5 li5e, liberty or %ro%erty 2it0out 3ue %rocess o5 la2
nor s0all any %erson be 3enie3 t0e e$ual %rotection o5 t0e la2s.
L8'8T"T8*9S *? S*D,,8B9TG

8nherent in sovereignty% and therefore not even reHuired to be conferred by the
Constitution% are the police% eminent domain% and ta$ation powers. The Bill of ights%
notably the due process% eHual protection and non#impairment clauses% is a means of
limiting the e$ercise of these powers by imposing on the State the obligation to protect
individual rights. The Bill of ights is addressed to the State% notably the government%
telling it what it cannot do to the individual.
$) 143 PR-"3SS -8 L$/
That which hears before it condemns% which proceeds upon inHuiry and renders
4udgment only after trial.
-"pplies to all persons% without regard to any difference in race% color or nationality
-"rtificial personscovered but only insofar as their property is concerned.
-,$tends to aliens
-8ncludes the means of livelihood
@esponsiveness to the supremacy of reason% obedience to the dictates of 4ustice.A
(ErmitaA:alate 'otel I :otel B%erators ssociation vs. City o5 :anila, ,+ SCR
<49#
Life5includes the right of an individual to his body in its completeness% free from
dismemberment% and e$tends to the use of Bod#given faculties which ma>e life
en4oyable.
Libert*5includes the right to e$ist and the right to be free from arbitrary personal
restraint or servitude. $ $ $ 8t includes the right of the citizen to be free to use his
faculties in all lawful ways. (Rubi vs. 1rovincial Goar3 o5 :in3oro, !9 10il **+#
Pro&ert*5is anything that come under the right of ownership and be the sub4ect of
contract. 8t represents more than the things a person owns6 it includes the right to
secure% use and dispose of them.
)ublic office is not a property which one may acHuire a vested right% it is
nevertheless a protected right. (Gince vs. CB:ELEC, ,1< SCR "<,#
Sco&e0$s&ects of 1ue Process:
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
6) )rocedural 3ue )rocess the method or manner by which the law is enforced.
8t serves as a restriction on actions of 4udicial and Huasi#4udicial agencies of the
government.
Re<uisites: <non#criminal cases=
a. "n impartial court or tribunal clothed with 4udicial power to hear and
determine matter before it6
b. ?urisdiction properly acHuired over person of defendant and over
property which is the sub4ect matter of the proceeding6
c. -&&ortunit* to be eard6 and
d. ?ud%ment rendered upon lawful hearing and based on evidence
adduced.
Im&artial "ourt or .ribunal51udges must not only be impartial but must also
appear to be impartial as an added assurance to the parties that his decision will
be 4ust.
8n nEal3o vs. ClaveF1acobo Clave% acting as Chairman of CSC% rendered a
decision against petitioner. :hen petitioner appealed to the *ffice of the )resident% the
same 1acobo Clave% but this time acting as )residential ,$ecutive "ssistant% upheld his
own earlier decision. The SC held that this violates fundamental fairness reHuired by
due process. " public officer who decided the case should not be the same person to
decide it on appeal because he cannot be an impartial 4udge.
1eo%le vs. :en3enilla (,++1#, 4udges have as much interest as counsel in the
orderly and e$peditious presentation of evidence% and have the duty to as> Huestions
that would elicit the facts on the issues involved% clarify ambiguous remar>s by
witnesses and address the points overloo>ed by counsel.
Puestions which merely clear up dubious points and elicit relevant evidence are
within the prerogative of a 4udge to as>.
Sec) 6I (6+, $rt) III5%o person shall +e held to answer 4or a criminal o44ense
without due process o4 law. ###This is procedural due process in criminal cases
Re<uisites of "riminal 1ue Process:
a. "ccused has been heard in a court of competent 4urisdiction6
b. "ccused is proceeded against under the orderly processes of law6
c. "ccused is given notice and opportunity to be heard6
d. 1udgment rendered within authority of constitutional law
8f the prosecution produces the conviction based on untrue evidence% then it is guilty
of depriving the accused of due process. Thus false testimony can be Huestioned by
the accused regardless of the time that lapsed.
(:e4ia vs. 1amaran, )o. LA;*"41, %ril 1;, 19<<#
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
2) Substantive 3ue )rocess it reHuires that the law itself% not merely the
procedures by which the law would be enforced% is fair% reasonable and 4ust.
This serves as a restriction on the government7s law and rule#ma>ing powers6 a
prohibition of arbitrary laws.
-The heart to substantive due process is the @reasonablenessA% or the absence
of e$ercise of arbitrary power. These are necessarily relative concepts which
depend on the circumstances of every case.
-"s a general rule% when the State acts to interfere with life% liberty% or property%
the presumption is that the action is valid. 8n rare cases% as in @prior restraintA%
there is a presumption of invalidity.
Re<uisites:
a. 8nterest of the public6
b. 'eans employed are reasonably necessary for accomplishment of purpose
and not unduly oppressive.
The legislature may not% under the guise of protecting the public interest%
arbitrarily interfere with private business or impose unusual and unnecessary
restrictions upon lawful occupations.
;oid(for(va%ueness Rule5a criminal statute that fails to give a person of
ordinary intelligence fair notice that his contemplated conduct is forbidden by the
statute% or is so indefinite that it encourages arbitrary and erratic arrests and convictions
is void for vagueness. The constitutional vice in a vague or indefinite statute is the
in4ustice to the accused in placing him on trial for an offense% the nature of which he is
given no fair warning.
" law is @vagueA as not to satisfy the due process need for notice when it lac>s
comprehensible standards that @men of common intelligence must necessarily guess as
to its meaning and differ as to its applicationA or is so indefinite that @it encourages
arbitrary and erratic arrests and convictions.A
8t is in4ustice to the accused in placing him on trial for an offense% the nature of
which he is given no fair warning.
8t is repugnant to the Constitution in 2 as&ects;
1. 8t violates due process for failure to accord persons% especially the parties
targeted by it% fair notice of the conduct to avoid6 and
!. 8t leaves law enforcers unbridled discretion in carrying out its provisions
and become an arbitrary fle$ing of the Bovernment muscle.
The act must be utterly vague on its face% that is to say% it cannot be clarified by
either saving clause or by construction. (1eo%le vs. @ela 1ie3ra, !;+ SCR 1*!,
Canuary ,4, ,++1#
-verbreadt 1octrine5decrees that a governmental purpose may not be
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
achieved by means which sweep unnecessarily broadly and thereby invade the area of
protected freedoms.
8acial "allen%e5a facial challenge is allowed to be made to a vague statute
and to one which is overbroad because of possible @chilling effectA upon protected
speech.
@*n its faceA invalidation of statutes results in stri>ing them down entirely on the
ground that they might be applied to parties not before the Court whose activities are
constitutionally protected. 8t constitutes a departure from the case and controversy
reHuirement of the Constitution and permits decisions to be made without concrete
factual settings and in sterile abstract conte$ts.
/ana3a vs. /uvera, 14* SCR 44* (19<*#, >otion 4or reconsideration. $$$
NTOhe clause Sunless it is otherwise providedS refers to the date of effectivity and not to
the reHuirement of publication itself% wIc cannot in any event be omitted. This clause
does not mean that the legislature may ma>e the law effective immediately upon
approval% or on any other date% wIo its previous publication.

)ublication is indispensable in every case% but the legislature may in its discretion
provide that the usual 1+#day period shall be shortened or e$tended.

8t is not correct to say that under the disputed clause publication may be
dispensed wI altogether. The reason is that such omission would offend due process
insofar as it would deny the public >nowledge of the laws that are supposed to govern
it.
onclusive presumption o4 "nowledge o4 the law.!! The conclusive presumption that
every person >nows the law presupposes that the law has been published if the
presumption is to have any legal 4ustification at all.
The term laws should refer to all laws and not only to those of general
application% for strictly spea>ing all laws relate to the people in general albeit there are
some that do not apply to them directly. "n e$ample is a law granting citizenship to a
particular individual% li>e a relative of )res. 'arcos who was decreed instant
naturalization.
R4L3: 3ll statutes% including those of local application and private laws% shall
be published as a condition for their effectivity% wIc shall begin 1+ days after publication
unless a different effectivity date is fi$ed by the legislature.
"overa%e: Covered by this rule are )3s and ,*s promulgated by the )res. in
the e$ercise of legislative powers. "dministrative rules and regulations must also be
published if their purpose is to enforce or implement e$isting law pursuant to a valid
delegation.
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20
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8nterpretative regulations and those merely internal in nature% i.e.% regulating only
the personnel of the administrative agency and not the public% need not be published.
9either is publication reHuired of the so#called letters of instructions issued by
administrative superiors concerning the rules or guidelines to be followed by their
subordinates in the performance of their duties.
Pu+lication must +e in 4ull or it is no publication at all since its purpose is
to inform the public of the contents of the laws. The mere mention of the number
of the )3% the title of such decree% its whereabouts% the supposed date of
effectivity% and in a mere supplement of the *B cannot satisfy the publication
reHuirement. This is not even substantial compliance.
-)ublication of laws is part of substantive due process. 8t is imperative to the validity of
laws% )3s% ,*s% "dministrative rules and regulations e7ce&t interpretative legislations.
(/a>a3a vs. /uvera, )o. LA*!91;, @ecember ,9, 19<*#
Notes; 8n the original case /ana3a vs. /uvera, 1!* SCR ," (19<;#% the SC ruled that
as a matter of substantive due process% any law must be published before the people can be
e$pected to observe them. But% according to a split decision% publication need not be made
in the *fficial Bazette. 8t is enough that it be published in a newspaper of general circulation.

"fter the ,3S" revolution% upon the reconstitution of the SC% the original
4udgment was reconsidered% and the SC now ruled that publication must be made in the
*fficial Bazette% pursuant to C" 2&. and the Civil Code% unless a law Sprovides otherwiseS
that is% a different mode of publication.

:hat must be published are <1= all laws of general application% and even those not of
general application li>e <!= private laws affecting only particular individuals% e.g.% legislative
grant of citizenship% <&= laws of local application% and <(= rules and regulations of a
substantive character. This means not only the title but the entire law. :henT Aorthwith% that
is% immediately. :hereT 'nly in the '44icial 6a7ette
Secretary o5 Custice vs. Lantion (,+++#, an e$traditee is not entitled to notice and
hearing during the evaluation stage of the e$tradition process. )3 102- affords an
e$traditee sufficient opportunity to meet the evidence against him once the petition is
filed in court. 3uring the evaluation stage% right to >now is withheld to accommodate the
more compelling interest of the Stateto prevent escape of potential e$tradite which
may be precipitated by premature information on the basis of the reHuest for e$tradition.
Roxas vs. Vas$ueE (,++1#, lac> of notice to% participation of complainants at the
,89D,ST8B"T8*9 does not render the resolution of the *mbudsman null and void.
<But in preliminary investigation% their participation is needed.=
37ce&tions to Notice and 2earin% Re<uirements
10ilcomsat vs. lcuaE (19<9#Fwithout conducting any hearing% 9TC ordered
)E8LC*'S"T to reduce its rates by 1+J. )E8LC*'S"T challenged the validity of the
order on the ground that it is an e$ercise of a Huasi#4udicial power without the reHuired
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
hearing. 9TC replied that the order was merely interlocutory. The SC held that fi$ing
rates is Huasi#4udicial in nature. Eence% unli>e in the e$ercise of Huasi#legislative power%
it must be preceded by a hearing. The fact of the order being merely interlocutory does
not alter the situation because for all practical purposes it is final as to the period
covered.
B5T% in Ra3io Communications vs. )/C (199+#Fthe Court upheld the temporary
rates granted by the 9TC asserting that the law allows the 9TC to approve temporary
rate reHuested by public service agency provided hearings are held within &0 days
thereafter.
-"s a general rule% notice and hearing% as the fundamental reHuirements of procedural
due process% are essential only when an administrative body e$ercises its P5"S8#
1538C8"L function.
8n the e$ercise of its ,C,C5T8D, or L,B8SL"T8D, functions% such as issuing rules and
regulations% an administrative body need not comply with the reHuirements of notice and
hearing.
Suntay vs. 1eo%le (19;"#Fthe passport of a person sought for the commission of a
crime may be cancelled without notice and hearing.
E$uitable Gan?ing Cor%. vs. Cal3eron, (.R. )o. 1;*1*<, @ecember 14, ,++4, the Sc
ruled that no malice or bad faith attended the Ban>7s dishonor of Calderon7s credit card%
inasmuch as the dishonor was 4ustified under its Credit Card "greement which provided
that the cardholder agreed not to e$ceed his approved credit limit% otherwise the card
privilege would be automatically suspended without notice to the cardholder.
$&&eal and due &rocess5
"ppeal is not a natural right nor is it a part of due process6 generally% it may be
allowed or denied by the legislature in its discretion. But where the Constitution gives a
person the right to appeal% denial of the right to appeal constitutes a violation of due
process. :here there is statutory grant of the right to appeal% denial of that remedy also
constitutes a denial of due process.
Preliminar* Investi%ation and due &rocess5
)reliminary investigation is not a constitutional right% but is merely a right
conferred by statute (Sera%io vs. San3iganbayan, (.R. )o. 14<4*<, Canuary ,<,
,++!#. 8t may be waived e$pressly or by failure to invo>e it (Gene3icto vs. C, (.R.
)o. 1,;!;9, Se%tember 4, ,++1#. The right may be forfeited by inaction% and cannot be
invo>ed for the first time on appeal (1eo%le vs. Lagao, (.R. )o. 11<4;", %ril <,
199"#.
(o vs. C, ,+* SCR 1!<, when there is statutory grant of the right to
preliminary investigation% denial of the same is an infringement of the due process
clause. The right to preliminary investigation is substantive% not merely formal or
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
technical. To deny it to the petitioner would deprive him of the full measure of his right to
due process. (-uso% vs. San3iganbayan, (.R. )o. 1!<<;9A*+, &ebruary ,,, ,++1#
PreBudicial Publicit*5
To warrant a finding of pre4udicial publicity there must be allegation and proof
that the 4udges have been unduly influenced% not simply that they might be% by the
barrage of publicity. )etitioners cannot 4ust rely on the subliminal effects of publicityU
because these are basically unbe>nown and beyond >nowing. (8ebb vs. @e Leon,
199;#
@oes t0e 3ue %rocess clause encom%ass t0e rig0t to be assiste3 by counsel
3uring an a3ministrative in$uiry9
E 9o. The right to counsel% which cannot be waived unless the waiver is in writing and
in the presence of counsel% is a right afforded a suspect or an accused during custodial
investigation. 8t is not an absolute right and may% thus% be invo>ed or re4ected in a
criminal proceeding and% with more reason% in an administrative inHuiry.
:hile investigations conducted by an administrative body may at times be a>in to
a criminal proceeding% the fact remains that under e$isting laws% a party in an
administrative inHuiry may or may not be assisted by counsel% irrespective of the nature
of charges and of the respondent7s capacity to represent himself% and no duty rests on
such body to furnish the person being investigated with counsel. 8n an administrative
proceeding% a respondent has the option of engaging the services of counsel or not.
Thus% the right to counsel is not imperative in administrative investigations because
such inHuiries are conducted merely to determine whether there are facts that merit
disciplinary measures against erring public officers and employees% with the purpose of
maintain the dignity of government service.
The right to counsel is not indispensable to due process unless reHuired by the
Constitution or law. (Lumi$ue3 vs. Exevea, ,<, SCR 1,;#
.s an extra3itee entitle3 to notice an3 0earing be5ore t0e issuance o5 a 2arrant
o5 arrest once t0e %etition 5or extra3ition is 5ile3 in court9
E Both on statutory and constitutional grounds% the answer is @noA. 8n (overnment o5
US vs. 'on. 1uruganan, (.R. )o. 14<;"1, Se%tember ,4, ,++,N
1. *n the basis of ,$tradition Law
Sec. 2 of )3 102-,$tradition Law% uses the word @immediateA to Hualify the
arrest of the accused. This Hualification would be rendered nugatory by setting
for hearing the issuance of the arrest warrant. Eearing entails sending notices to
the opposing parties% receiving facts and arguments from them% and giving them
time to prepare and present such facts and arguments. "rrest subseHuent to a
hearing can no longer be considered @immediateA. The law could not have
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2&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
intended the word as a mere superfluity but% on the whole% as a means of
impairing a sense of urgency and swiftness in the determination of whether a
warrant or arrest should be issued.
By using the phrase @if it appearsA% the law further conveys that accuracy is not
as important as speed at such an early stage. The trial court is not e$pected to
ma>e an e$haustive determination to ferret out the true and actual situation%
immediately upon the filing of the petition. ?rom the >nowledge and the material
then available to it% the court is e$pected merely to get a good first impressiona
prima facie findingsufficient to ma>e a speedy initial determination as regards
the arrest and detention of the accused.
!. *n the basis of the Constitution
,ven Sec. ! of "rticle 888 does not reHuire a notice and hearing before the
issuance of a warrant of arrest.
To determine probable cause for the issuance of arrest warrants% the Constitution
itself reHuires only e$amination##under oath or affirmationof complainants and
the witnesses they may produce. There is no reHuirement to notify and hear the
accused before the issuance of warrant of arrest.
B. 394$L PR-.3".I-N "L$4S35
The eHual protection of the law is embraced in the concept of due process% as
every unfair discrimination offends the reHuirements of 4ustice and fair play. 8t has
nonetheless been embodied in a separate clause in Section 1 of "rticle 888 to provide for
a more specific guaranty against any form of undue favoritism or hostility from the
government. "rbitrariness in general may be challenged on the basis of the due process
clause. But if the particular act assailed parta>es of an unwarranted partiality or
pre4udice% the sharper weapon to cut it down is the eHual protection clause.
8t simply reHuires that all persons or things% similarly situated should be treated
ali>e% both as to rights conferred and responsibilities imposed. Similar sub4ects% in other
words% should not be treated differently% so as to give undue favor to some and un4ustly
discriminate against others.
8t does not reHuire the universal application of the laws on all persons or things
without distinction. This might in fact sometimes result in uneHual protection% as where%
for e$ample% a law prohibiting mature boo>s to all persons% regardless of age% would
benefit the morals of the youth but violate the liberty of adults. :hat the clause reHuires
is eHuality among eHuals as determined according to a valid classification. By
classification is meant the grouping of persons or things similar to each other in certain
particulars and different from all others in these same particulars. (10ili%%ine Cu3ges
ssociation vs. 1ra3o, ,," SCR "+!#
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2(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
/o are &rotected5all persons or things similarly situated should be treated ali>e%
both as to rights conferred and responsibilities imposed. 9atural and 4uridical persons
are entitled to this guarantee6 but with respect to artificial persons% they en4oy the
protection only insofar as their property is concerned.
Sco&e:
Political, 3conomic and Social 3<ualit*
$rt) DIII, Secs) 6'2 (social Bustice+5political L economic
Section 65The ongress shall give highest priority to the enactment o4
measures that protect and enhance the right o4 all the people to human dignity, reduce
social, economic, and political ine9ualities, and remove cultural ine9uities +y e9uita+ly
di44using wealth and political power 4or the common good.
To this end, the #tate shall regulate the ac9uisition, ownership, use, and
disposition o4 property and its increments.
Section 25The promotion o4 social justice shall include the commitment to
create economic opportunities +ased on 4reedom o4 initiative and sel4!reliance.
$rt) DIII, Sec) : (&rotection to labor+5
$rticle DII, Section 60 (nationali#ation of business+ 8ILIPIN- 8IRS. P-LI">5The
ongress shall, upon recommendation o4 the economic and planning agency, when the
national interest dictates, reserve to citi7ens o4 the Philippines or to corporations or
associations at least sixty per centum (B<C) o4 whose capital is owned +y such citi7ens,
or such higher percentage as ongress may prescri+e, certain areas o4 investments.
The ongress shall enact measures that will encourage the 4ormation and operation o4
enterprises whose capital is wholly owned +y Ailipinos.
)n the grant o4 rights, privileges, and concessions covering the national economy
and patrimony, the #tate shall give pre4erence to 9uali4ied Ailipinos.
The #tate shall regulate and exercise authority over 4oreign investments within
its national jurisdiction and in accordance with its national goals and priorities.
$rt) DII, Sec) 2(2+ (reservation of marine resources+5economic
The #tate shall protect the nationDs marine wealth in its archipelagic waters, territorial
sea, and exclusive economic 7one, and reserve its use and enjoyment exclusively to
Ailipino citi7ens.
$rt) III, Sec) 66 (free access to te courts+5political L economic
Aree access to the courts and 9uasi!judicial +odies and ade9uate legal assistance shall
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
not +e denied to any person +y reason o4 poverty.
$rt) ;III, Sec) G(G+ (le%al aid to te &oor+5xxx Promulgate rules concerning the
protection and en4orcement o4 constitutional rights, pleading, practice, and procedure in
all courts, the admission to the practice o4 law, the )BP, and legal assistance to the
underprivileged. #uch rules shall provide a simpli4ied and inexpensive procedure 4or the
speedy disposition o4 cases, shall +e uni4orm 4or all courts o4 the same grade, and shall
not diminish, increase, or modi4y su+stantive rights. 0ules o4 procedure o4 special
courts and 9uasi!judicial +odies shall remain e44ective unless disapproved +y the
#upreme ourt.
$rt) ID(", Sec) 60 (&rotection of candidates+5political
Bona 4ide candidates 4or any pu+lic o44ice shall +e 4ree 4rom any 4orm o4 harassment
and discrimination.
$rt) II, Sec) 2H (&ublic service+5The #tate shall guarantee e9ual access to
opportunities 4or pu+lic service, and prohi+it political dynasties as may +e de4ined +y
law.
$rt) II, Sec) 6I (e<ualit* of women and men+5The #tate recogni7es the role o4
women in nation!+uilding, and shall ensure the 4undamental e9uality +e4ore the law o4
women and men.
There are areas of economic activity which can be limited to ?ilipinos. The
Constitution itself ac>nowledges this in various places # e$ploitation of marine wealth
<"rticle C88% Section !% paragraph !=% certain areas of investment <"rticle C88% Section 10=%
to name a few.

8n .c0ong v. 'ernan3eE, ,+1 10il. 11;; (19!"#% the SC upheld the validity of
the law which nationalized the retail trade. ?or the protection of the law can be
observed by the national interest.

But there are areas where aliens cannot be >ept away for the simple reason that
they cannot be deprived of a common means of livelihood% especially when they are
admitted to the country as immigrants.
;alid "lassification:
)ersons or things ostensibly similarly situated may% nonetheless% be treated
differently if there is a basis for valid classification. The reHuisites are;
1. Classification must be based on substantial distinctions which ma>e for real
differences6
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22
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!. The distinction must be germane to the purpose of the lawthe distinctions which
are the bases for the classification should have a reasonable relation to the purpose of
the law6
&. 9ot limited to e$isting conditions only6 and
(. 8t must apply to all members of the same class.
10ili%%ine Cu3ges ssociation vs. 1ra3o, ,," SCR "+!, The withdrawal of fran>ing
privileges formerly granted to the 4udiciary but remained with the e$ecutive and
legislative departments% was declared unconstitutional% because the three branches of
government are similarly situated.
Villegas vs. 'ui C0iong, the ordinance imposing a wor> permit fee of )+0.00 upon all
aliens desirous of obtaining employment in the City of 'anila was declared
unconstitutional% because the fee imposed was unreasonable and e$cessive% and it
failed to consider valid substantial differences in situation among individual aliens who
were reHuired to pay it.
Se7ual 1iscrimination
10il. ssociation o5 Service Ex%orters vs. @rilon, 1*! SCR !<*, female domestic
wor>ing abroad were in a class by themselves because of the special ris>s to which
their class was e$posed.
$dministration of ?ustice
C0aveE vs. 1C((, (.R. )o. 1!+"1*, @ecember 9, 19<<, Special grant of e$emption in
favor of the 'arcoses as contained in the agreement entered into by )CBB with
'arcos ?amily to compromise the ill#gotten wealth cases <e$empt from all ta$es= filed
by the former against the latter is a CL"SS L,B8SL"T8*9% vilative of the eHual
protection clause.
Lacson vs. Executive Secretary, (.R. )o. 1,<+9*, Canuary ,+, 1999, petitioner7s and
intervenor7s right to eHual protection was not violated by the enactment of " .!(-
because the law was not directed only to Furatong Baleleng cases. ,very classification
made by law is presumed reasonable% and the party who challenges the law must
present proof of arbitrariness.
Public Polic*
CeniEa vs. CB:ELEC, 9; SCR "*!, The law e$cluding residents of 'andaue City
from voting for provincial candidates was 4ustified @as a matter of legislative discretionA
and that eHual protection would be violated only if group within the city were allowed to
vote while others were not.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Blivares vs. San3iganbayan, ,4< SCR "++, when the mayor issued permit in favor
of unidentified vendors while imposing numerous reHuirements upon Baclaran Credit
Cooperatives% he violated the eHual protection clause when failed to show that the two
were not similarly situated.
/iu vs. C, (.R. )o. 1,"41+, Canuary ,+, 1999, the e$ecutive order granting ta$ and
duty incentives only to business and residents within the @secured areaA of Subic
Special ,conomic Vone and denying them to those who live within the zone but outside
such @fenced inA territory is D"L83.
The Constitution does not reHuire absolute eHuality among residents. 8t is enough
that all persons under li>e circumstances or conditions are given the same privileges
and reHuired to follow the same obligations.
Classification based on valid and reasonable standards does not violate the
eHual protection clause.
.nternational Sc0ool lliance o5 E3ucators vs. Kuisumbing, (.R. )o. 1,<<4;,
Cune 1, ,+++, there were no reasonable distinctions between the services rendered by
@foreign#hiresA and @local#hiresA as to 4ustify the disparity in salaries paid to those
teachers.
Relative "onstitutionalit*:
Central Gan? Em%loyees ssociation vs. GS1, (.R. )o. 14<,+<, @ecember 1;,
,++4, the constitutionality of a statute cannot% in every instance% be determined by a
mere comparison of its provisions of the Constitution since the statute may be
constitutionally valid as applied to one set of facts and invalid in application to another.
" statute valid at one time may become void at another time because of altered
circumstances. Thus% if a statute in its practical operation becomes arbitrary or
confiscatory% its validity% even though affirmed by a former ad4udication% is open to
inHuiry and investigation in the light of changed conditions.
8n @umlao v. Comelec, 9; SCR !9, (19<+#, the SC upheld the validity of sec. ( of
Batas Blg. +! disHualifying retired elective local officials who have received retirement
benefits and would have been 2+ years old at the start of the term. 8t does not violate
eHual protection% for it gives younger blood the opportunity to run the local government.
8n .got v. Comelec, 9; SCR !9, (19<+#, however% the disHualification of candidates
convicted or simply charged with national security offenses was struc> down as
unconstitutional% for violating the presumption of innocence and thus ultimately the
eHual political protection.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Sec) 2, $rticle III
Searces and Sei#ures
/0e rig0t o5 t0e %eo%le to be secure in t0eir %ersons, 0ouses, %a%ers, an3 e55ects
against unreasonable searc0es an3 seiEures o5 20atever nature an3 5or any
%ur%ose s0all be inviolable, an3 no searc0 2arrant or 2arrant o5 arrest s0all
issue exce%t u%on %robable cause to be 3etermine3 %ersonally by t0e 4u3ge a5ter
examination un3er oat0 or a55irmation o5 t0e com%lainant an3 t0e 2itnesses 0e
may %ro3uce, an3 %articularly 3escribing t0e %lace to be searc0e3 an3 t0e
%ersons or t0ings to be seiEe3.
Sco&e: The protection is available to all persons% including aliens% whether accused of
crime or not. "rtificial persons are also entitled to the guarantee% although they may be
reHuired to open their boo>s of accounts for e$amination by the State in the e$ercise of
police and ta$ing powers.
The right is personal6 it may be invo>ed only by the person entitled to it
(Stone0ill vs. @io?no, ,+ SCR !<!#. "s such% the right may be waived either
e$pressly or impliedly% but the waiver must be made by the person whose right is
invaded% not by one who is not duly authorized to effect such waiver. (1eo%le vs.
@amaso, ,1, SCR 4;"#
S3$R"2 /$RR$N.5may be said to particularly describe the things to be seized
when the description therein is as specific as the circumstances will ordinarily allow6 or
when the description e$presses a conclusion of fact% not of law% by which the warrant
officer may be guided in ma>ing the search and seizure6 or when the things described
are limited to those which bear direct relation to the offense for which the warrant is
being issued.
/$RR$N. -8$RR3S.5said to particularly describe the person to be seized if it
contains the name of the person to be arrested.
Re<uisites of a valid warrant:
6) 8t must be based upon &robable cause5such facts and circumstances
antecedent to the issuance of the warrant that in themselves are sufficient to
induce a cautious man to rely on them and act in pursuance thereof.
8t consists of a reasonable ground of suspicion supported by circumstances
sufficiently strong in themselves to warrant a cautious man in believing accused to be
committing the offense or to be guilty of the offense.
8or a searc warrant5such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed
and that the ob4ects sought in connection with the offense are in the place sought to
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
be searched. (Gurgos v. C0ie5 o5 Sta55% 1!! SCR <++#
8or a warrant of arrest5such facts and circumstances which would lead a
reasonably and prudent man to believe that an offense has been committed by the
person sought to be arrested (8ebb vs. @e Leon, (.R. )o. 1,1,!4, ugust ,!,
199;#
8n Stone0ill v. @io?no, ,+ SCR !<; (19*"#, (! search warrants were issued
for alleged violation of Central Ban> Laws% the Tariff and Customs Code% the 98C% and
the evised )enal Code. The SC voided the warrants on the ground that it was
impossible for the 4udge to have found probable cause in view of the number of laws
alleged to have been violated by the petitioner. Eow could he even >now what
particular provision of each law had been violatedT 8f he did not >now this% how could it
be determined if the person against whom the warrant was issued was probably guilty
thereofT 8n truth% this was a fishing e$pedition% which violated the sanctity of domicile
and privacy of communications. To establish the reHuirement of probable cause% the
rule is; *ne crime% one warrant.
2) The probable cause must be determined personally by the 4udge.
The 4udge shall;
a. )ersonally evaluate the report and the supporting documents
submitted by the public prosecutor regarding the e$istence of probable
cause and on the basis thereof% issue a warrant of arrest6 or
b. 8f the basis thereof he finds no probable cause% he may disregard the
prosecutor7s report and reHuire the submission of supporting affidavits
of witnesses to aid him in arriving at a conclusion as to the e$istence of
probable cause.
5nder the 1-./ Constitution% only a 4udge can issue a warrant6 the offensive and
much abused phrase Sand other responsible officer as may be authorized by lawS in the
1-/& Constitution has been removed.
Searc warrant /arrant of arrest
The 4udge must personally e$amined
in the form of searching PL"s% in
writing and under oath% the complainant
and any witnesses he may produce on
facts personally >nown to them.
The determination of probable cause
depends to a large e$tent upon the
finding or opinion of the 4udge who
8t is not necessary that the 4udge
should personally e$amine the
complainant and his witnesses6 the
4udge would simply personally review
the initial determination of the
prosecutor to see if it is supported by
substantial evidence.
1udge determines the probability% not
the certainty% of the guilt of the accused
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
conducted the reHuired e$amination of
the applicant and the witnesses.
and% in so doing% he need not conduct a
de novo hearing.
:) The determination must be made after e$amination under oath or affirmation of
the complainant and the witnesses he may produce.
The e$amination conducted by the 4udge ta>es the form of searching Huestions.

The reHuirement that the 4udge must personally e$amine the complainant
and his witnesses means that the actual e$amination cannot be delegated to someone
else% li>e the cler> of court.
So said the Court in Gac0e an3 Co. (10il# v. RuiE, !" SCR <,! (19"1#.
8n this case% when the B8 agent and his witnesses arrived in court in the middle of a
hearing% the 4udge suspended the hearing and directed the branch cler> to e$amine and
ta>e the testimony of the witnesses in his chambers. "fter he was through with the
hearing% he went bac> to his chambers and finding that the e$amination was finished%
as>ed the B8 agent and his witnesses if they affirmed what they what they testified to%
after which he issued the search warrant in Huestion.
The determination of the reasonableness of the 4udicial warrant must be based
on the affidavit of one who has personal >nowledge of the facts to which he testifies.
The testimony cannot be based on mere belief. 9either can it be based on a report.
*therwise% the warrant is void.

Thus% in Gurgos v. C0ie5 o5 Sta55% (19<4#, reiterating the 1-&/ case of
odriguez v. Dillamiel% the testimony based on a military report that the newspaper :e
?orum was used for subversive were held to be not a personal >nowledge and so was
inadmissible.

Li>ewise% in Corro v. Lising, 1!" SCR ;41 (19<;#, the testimony based on
investigation reports that certain items in the )hilippine Times were subversive were
held to be not personal >nowledge% and thus the search warrant issued was not valid.
I) 8t must particularly describe the place to be searched and the persons or things
to be seized.
Searc warrant /arrant of arrest
The description of the property to be
seized need not be technically accurate
nor necessarily precise% and its nature will
necessarily vary according to whether the
identity of the property or its character is a
matter of concern6 the description is
=eneral warrants are proscribed and
unconstitutional. Eowever% a ?on 1oe
/arrant <a warrant for the apprehension
of a person whose true name is un>nown=
satisfies the constitutional reHuireme&nt of
particularity if there is some descriptio
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
reHuired to be specific only insofar as the
circumstances will allow.
personae which will enable the officer to
identify the accused.
?ailure to state with particularity the place to be searched and items to be seized
ma>es the warrant used for fishing evidence <a general warrant= which is void.

8n Gurgos v. C0ie5 o5 Sta55% the description which read Ssubversive documents%
leaflets% papers to promote the ob4ective of the 'ovement for a ?ree )hilippines% the
Light a ?ire 'ovement% and the "pril 2 'ovementS were held not to be particular
descriptions% thus ma>ing the warrant a general warrant.

8n Corro v. Lising% the search and seizure of Sprinted copies and dummies of
)hilippine Times% subversive documents% articles% printed matters% handbills% leaflets%
banners% and typewriters% tape recorders% etc.S was again invalidated for the description
was not at all particular or specific% thus ma>ing the warrants general warrants.

:hen it comes to printed matters% the offensive material need not be set out in
full. 8t is enough if it specifies the issues and the title of the articles. The instruction to
seize Ssubversive materialsS is not valid because the determination of whether a
material is subversive or not is not for the police officer to decide6 no unfettered
discretion must be granted to him.
The matter is different if goods were searched and seized because of their
intrinsic Huality <as when they are stolen or smuggled=% than if the goods were searched
for the ideas they contain <as when a Ssubversive newspaper is sought=. 8n the latter
case% a more detailed description of the physical features of the item is reHuired to avoid
delegating the appreciation of ideas% and thus threaten free e$pression.
)roperties sub4ect to Seizure;
1. )roperty sub4ect of the offense6
!. )roperty stolen or embezzled and other proceeds or fruits of the offense6 and
&. )roperty used or intended to be used as the means of committing an offense.
)ermissible "rea of Search
8n 1eo%le vs. 'in3oy, (.R. )o. 1!,**,, :ay 1+, ,++,, the warrantless search and
seizure as an incident to a lawful arrest may e$tend beyond the person of the one
arrested to include the premises or surroundings under his immediate control.
"dmissibility of 8llegally Seized ,vidence
"rticles illegally seized are not admissible as evidence. The rule has been
constitutionally affirmed in Section &<!=% "rticle 888% which provides that such evidence
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
5shall +e inadmissi+le 4or any purpose in any proceeding. Such evidence is the fruit of
te &oisonous tree) Eowever% it is submitted that it may nonetheless be used in the
4udicial or administrative action that may be filed against the officer responsible for its
illegal seizure.
8t has also been held that where the accused did not raise the issue of the
admissibility of the evidence against him on the ground that it had been illegally seized%
such omission constitutes a waiver of the protection granted by Section &% and the
illegally seized evidence could then be admitted against him. (1eo%le vs. Exala, ,,1
SCR 494#
/$RR$N.L3SS $RR3S.5
1. :hen a person to be arrested has committed% is actually committing% or is
attempting to commit an offense6
!. :hen an offense has 4ust been committed and he has probable cause to believe
based on personal >nowledge of facts or circumstances that the person to be
arrested has committed it6 and
&. :hen the person to be arrested is an escapee or a detention prisoner. (Section
G, Rule 66:, Rules of "riminal Procedure+
The ule reHuires that the accused perform some overt act that would indicate
that he has committed% is actually committing% or is attempting to commit an offense.
The officer arresting a person who has 4ust committed% is committing% or is about to
commit an offense must have personal >nowledge of the fact. The offense must also be
committed in his presence or within his view. (1eo%le vs. /u3tu3 I Golong, (.R. )o.
144+!", Se%tember ,*, ,++!#
/$RR$N.L3SS S3$R"23S $N1 S3IC4R3S
<a= Ehen search is made o4 moving vehicles

The reason is the person may escape easily if a warrant has to be applied for
the mean time. 8n the Tariff and Customs Code% customs agents are specifically
authorized to search and seize vehicles even without a warrant.

Chec>points are valid in some instances depending on the purpose <e.g.
apprehend a suspected criminal= and the circumstances <e.g. probable cause that the
criminal is inside the car=. There is no Huestion that when a child has been reported
>idnapped in a community% the police can stop all cars and chec> if the detained child is
in any one of them.
<b= Ehen search is an incident to a valid arrest.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos

Rule 62H, Sec) 62) Searc0 inci3ent to la25ul arrest(( 3 person law4ully
arrested may +e searched 4or dangerous weapons or anything which may +e used as
proo4 o4 the commission o4 an o44ense, without a search warrant.

" person arrested may be searched for dangerous weapons or anything that
proves the commission of the offense. 8t follows that the search can only be made
within the area of control of the arrested person% and within the time of the arrest.

8n )olasco v. CruE 1ano, 1!9 SCR 1;, (19<;#, 'ilagros oHue and Cynthia
9olasco were arrested at the intersection of 'ayon and 'argal Streets in PC at 11;&0
a.m.% having been wanted as high officers of the C)). "t 1!;00 noon% oHueWs
apartment located ! bloc>s away% was searched and some documents seized. The SC
at first held that the search was valid even if the warrant issued was void for failing to
describe with particularity the things to be seized% because it was an incident of a valid
arrest.
But after the ,3S" revolution% the reconstituted SC granted the motion for
reconsideration and held that 4ust because there was a valid arrest did not mean that
the search was li>ewise valid. To be valid% the search must be SincidentalS to the arrest%
i.e.% not separated by time or place from the arrest. 8f the basis for allowing incidental
searches is loo>ed into% one can see that this situation is not one involving a valid
incidental search.

The law allows the arresting officer to search a person validly arrested <by
fris>ing him for instance= because <1= a weapon held by the arrested person may be
turned against his captor and <!= he may destroy the proof of the crime% if the arrested
officer has to first apply for a search warrant from a 4udge.

8f% in the 9olasco case% the search was conducted &0 minutes after the arrest%
there is no longer any danger that the captured may turn against the captor6 and if the
documents in the apartment were ! bloc>s away% the search would no longer be
4ustified since there is no way for oHue to go bac> to the apartment and destroy the
documents% having been arrested already.
8n 1eo%le vs. C0ua 'o San, !+< SCR 4!,, while a contemporaneous search
of a person arrested may be effected to discover dangerous weapons or proofs or
implements used in the commission of the crime and which search may e$tend to the
area within his immediate control where he might gain possession of a weapon or
evidence he can destroy% a valid arrest must precede the search. The process cannot
be reversed.
8n a search incidental to a lawful arrest% as the precedent arrest determines the
validity of the incidental search% the legality of the arrest is Huestioned in a large ma4ority
of these cases% e.g.% whether an arrest was merely used as a prete$t for conducting a
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
search. 8n this instance% the law reHuires that there be first a lawful arrest before a
search can be madethe process cannot be reversed.
8n the case of 1eo%le vs. (o, !;4 SCR !!< (,++1#, the police saw the gun
tuc>ed in appellant7s waist when he stood up. The gun was plainly visible. 9o search
was conducted as none was necessary. "ccused#appellant could not show any license
for the firearm% whether at the time of his arrest or thereafter. Thus% he was in effect
committing a crime in the presence of the police officers. 9o warrant of arrest was
necessary in such a situation% it being one of the recognized e$ceptions under the
ules.
"s a conseHuence of appellant7s valid warrantless arrest% he may be lawfully
searched for dangerous weapons or anything which may used as proof of the
commission of an offense% without a search warrant% as provided in ule 1!2% Section
1!. This is a valid search incidental to a lawful arrest. The subseHuent discovery in his
car of drug paraphernalia and the crystalline substance% which% was later identified as
shabu% though in a distant place from where the illegal possession of firearms was
committed% cannot be said to have been made during an illegal. "s such% the seized
items do not fall within the e$clusionary clause. Eence% not being fruits of the poisonous
tree% the ob4ects found at the scene of the crime% such as the firearm% the shabu and the
drug paraphernalia% can be used as evidenced against appellant. Besides% it has been
held that drugs discovered as a result of a consented search is admissible in evidence.
8n 1eo%le vs. :olina, !;, SCR 1"4 (,++1#, to constitute a valid in 4lagrante
delito arrest% two <!= reHuisites must concur; 1= the person to be arrested must e$ecute
an overt act indicating that he has 4ust committed% is actually committing% or is
attempting to commit a crime6 and != such overt act is done in the presence or within
the view of the arresting officer.
8n 1eo%le vs. Estrella, (.R. )os. 1!<;!9A4+, Canuary ,1, ,++!, the arresting
officer may ta>e from the arrested individual any money or property found upon the
latter7s person that which;
1. :as used in the commission of the crime6
!. :as the fruit of the crime6
&. 'ay provide the person arrested with the means of committing violence or
escaping6
(. 'ay be used in evidence in the trial of the case.
The search% however% must be contemporaneous to the arrest and made within a
permissible area of search.
eHuisite; the apprehending officer must have been spurred by probable cause in
effecting the arrest which could be considered as one in cadence with the instances of
permissible arrest enumerated in Section +<a=% ule 11& of the ules of Court.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8n the case of 1eo%le vs. :ontilla, (.R. )o. 1,!<",, Canuary !+, 199<, the
officer could reasonably assumesince the informant was by their side and had so
informed them and pointed out the culpritthat the drugs were in the appellant7s
luggage% and it would have been irresponsible% if not downright absurd% for them to
adopt a @wait#and#seeA attitude at the ris> of eventually losing their Huarry.
<c= Ehen things sei7ed are within plain view o4 a searching party
1eo%le vs. 'e3is0i SuEu?i, (.R. )o. 1,+*"+, Bctober ,!, ,++!, whenever the right
against unreasonable search and seizure is challenged% an individual may choose
between invo>ing the constitutional protection or waiving his right by giving consent to
the search and seizure. " reasonable search is not to be determined by any fi$ed
formula but is to be resolved according to the facts of the case.
Plain ;iew 1octrine5finds application only when the incriminating nature of the ob4ect
is in the @plain viewA of the police officer.
The law enforcement officer must lawfully ma>e an intrusion or properly be in a
position from which he can particularly view the area. 8n the course of such lawful
intrusion% he came inadvertently across a piece of evidence incriminating the accused.
The ob4ect must be open to eye and hand and its discovery inadvertent.
8t is clear that an ob4ect is in plain view if the ob4ect itself is plainly e$posed to
sight. The difficulty arises when the ob4ect is inside a closed container. :here the ob4ect
seized was inside a closed pac>age% the ob4ect itself is not in plain view and therefore
cannot be seized without a warrant. Eowever% if the pac>age proclaims its contents%
whether by its distinctive configuration% its transparency% or if its contents are obvious to
an observer% then the contents are in plain view and may be seized. 8n other words% if
the pac>age is such that an e$perienced observer could infer from its appearance that it
contains the prohibited article% then the article is deemed in plain view. 8t must be
immediately apparent to the police that the items that they observe may be evidence of
a crime% contraband or otherwise sub4ect to seizure. (1eo%le vs. @oria, !+1 SCR
**<#
Re<uisites:
1. Dalid intrusion based on a valid warrantless arrest in which the police are
legally present in the pursuit of their official duties6
!. The evidence was inadvertently discovered by the police who have the right
to be where they are6
&. The evidence must be immediately apparent6 and
(. )lain view 4ustified mere seizure of evidence without further search.
<d= #top!and!Aris"
8t is defined as the vernacular designation of the right of a police officer to stop a
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
citizen on the street% interrogate him% and pat him for weapons where a police officer
observes an unusual conduct which leads him reasonably to conclude in light of his
e$perience that criminal activity may be afoot and that the persons with whom he is
dealing may be armed and presently dangerous% where in the course of investigating
this behavior he identified himself as a policeman and ma>e reasonable inHuiries% and
where nothing in the initial stages of the encounter serves to dispel his reasonable fear
for his own or others7 safety% he is entitled for the protection of himself or others in the
area to conduct a carefully limited search of the outer clothing of such persons in an
attempt to discover weapons which might be used to assault him.
The interest of effective crime prevention and detection allows a police officer to
approach a person% in appropriate circumstances and manner% for purposes of
investigating possible criminal behavior even though there is insufficient probable cause
to ma>e an actual arrest.
eHuisites for Stop#and#?ris>
1. The police officer should properly introduce himself and ma>e the initial inHuiries%
approach and restrain a person who manifests unusual and suspicious conduct%
in order to chec> the latter7s outer clothing for possibly concealed weapons.
!. The apprehending officer must have a genuine reason to warrant the belief that
the person to be held has weapons or contraband concealed about him.
- 8t should% therefore% be emphasized that a search and seizure should precede the
arrest for the principle of stop#and#fris> to apply.
<e= Ehen there is a valid express waiver made voluntarily and intelligently.

:aiver cannot be implied from the fact that the person consented or did not
ob4ect to the search% for it many happen that he did so only out of respect for the
authorities. The waiver must be e$pressly made. 8t must be given by the person whose
right is violated.
8n 1eo%le vs. Gongcara2an, (.R. )o. 14!944, Culy 11, ,++,, the shabu in the
baggage of the accused was found by <private= security officers of the interisland
passenger vessel who then reported the matter to the )hilippine Coast Buard. The
search and seizure of the suitcase and contraband items were carried out without
government intervention. "ccordingly% the e$clusionary rule may not be invo>ed.
<f= #earches o4 vessel and aircra4t 4or violation o4 4ishery, immigration and customs law
<g= #earches o4 automo+iles at +orders or constructive +orders 4or violation o4
immigration and smuggling laws
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//
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
<h= 8nspection o4 +uildings and other premises 4or the en4orcement o4 4ire, sanitary and
+uilding regulations
<i= onduct o4 5areal target 7oning and 5saturation drive in the exercise o4 military
powers o4 the President
<4= *isual search at chec"points
"onstitutionalit* of ceck&oints and Oareal tar%et #onin%sOL doctrine of e7i%ent
circumstances
The constitutional right against unreasonable searches and seizures is a
personal right and can be invo>ed only by those whose rights have been infringed% or
threatened to be infringed.
9ot all searches and seizures are prohibited. Those which are reasonable are
not forbidden. Those which are warranted by the e$igencies of public order and are
conducted in a way least intrusive to motorists are allowed. ?or% admittedly% routine
chec>points do intrude% to a certain e$tent% on motorists7 right to @free passage without
interruption%A but it cannot be denied that% as a rule% it involves only a brief detention of
travellers during which the vehicle7s occupants are reHuired to answer a brief Huestion
or two. ?or as long as the vehicle is neither searched nor its occupants sub4ected to a
body search and the inspection of the vehicle is limited to a visual search% said routine
chec>s cannot be regarded as violative of an individual7s right against unreasonable
search. 8n fact% these routine chec>s% when conducted in a fi$ed area% are even less
intrusive.
The chec>point herein conducted was in pursuance of the gun ban enforced by
the C*',L,C. The C*',L,C would be hard put to implement the ban if its deputized
agents were limited to a visual search of pedestrians. 8t would also defeat the purpose
for which such ban was instituted. Those who intend to bring a gun during said period
would >now that they only need a car to be able to easily perpetrate their malicious
designs.
There is no need for chec>points to be announced. 9ot only it would be
impractical% it would also forewarn those who intend to violate the ban. ,ven so% badges
of legitimacy of chec>points may still be inferred from their fi$ed location and the
regularized manner in which they are operated. (1eo%le vs. Usana, !,! SCR ";4#
Pnock and $nnounce Princi&le5
Beneral ule; )olice officers are obliged to give notice% show their authority and
demand that they be allowed entry. They may only brea> open any outer or inner door
or window of a house to e$ecute the search warrant if% after such notice and demand%
such officers are refused entry to the place of directed search.
,$ceptions; 5nannounced intrusion into the premises is permissible when;
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. " party whose premises or is entitled to the possession thereof refuses% upon demand%
to open it6
!. :hen such person already >new of the identity of the officers and of their authority and
persons6
&. :hen the officers are 4ustified in the honest belief that there is an imminent peril to life or
limb6
(. :hen those in the premises% aware of the presence of someone outside% are then
engaged in an activity which 4ustifies the officers to believe that an escape or the
destruction of evidence is being attempted. (1eo%le vs. 'uang H0en 'ua an3 Lee,
(.R. )o. 1!9!+1, Se%tember ,9, ,++4#
8n 1eo%le vs. :arti, 19! SCR ;", the constitutional protection against
unreasonable searches and seizures refers to the immunity of one7s person from
interference by government and it cannot be e$tended to acts committed by private
individuals so as to bring it within the ambit of alleged unlawful intrusion.
@o t0e or3inary rig0t against unreasonable searc0es an3 seiEures a%%ly to searc0es
con3ucte3 at t0e air%ort %ursuant to routine air%ort security %roce3ures9
E 8n the case of 1eo%le vs. Leila Co0nson, (.R. )o. 1!<<<1, @ecember 1<,
,+++, persons may lose the protection of the search and seizure clause by e$posure of
their persons or property to the public in a manner reflecting a lac> of sub4ective
e$pectation of privacy% which e$pectation society is prepared to recognize as
reasonable. Such recognition is implicit in airport security procedures. :ith increased
concern over airplane hi4ac>ing and terrorism has come increased security at the
nation7s airports. )assengers attempting to board an aircraft routinely pass through
metal detectors6 their carry#on baggage as well as chec>ed luggage% are routinely
sub4ected to $#ray scans. Should these procedures suggest the presence of suspicious
ob4ects% physical searches are conducted to determine what the ob4ects are. There is
little Huestion that such searches are reasonable% given their minimal intrusiveness% the
gravity of the safety interests involved% and the reduced privacy e$pectations associated
with airline travel. 8ndeed% travelers are often notified through airport public address
systems% signs% and notices in their airline tic>ets that they are sub4ect to search and% if
any prohibited materials or substances are found% such would be sub4ect to seizure.
These announcements place passengers on notice that ordinary constitutional
protection against warrantless searches and seizures do not apply to routine airport
procedures.
1eo%le vs. Susan Canton, (.R. )o. 14<<,;, @ecember ,", ,++,, a search made
pursuant to a routine airport security procedure is allowed under " 2!&+% which
provides that every airline tic>et shall contain a condition that hand#carried luggage%
etc.% shall be sub4ect to search% and this condition shall form part of the contract
between the passenger and the air carrier. To limit the action of the airport security
personnel to simply refusing the passenger entry into the aircraft and sending her home
<as suggested by the appellant=% and thereby depriving the security personnel of @ability
and facility to act accordingly% including to further search without warrant% in light of such
circumstances% would be sanctioned impotence and ineffectiveness in law enforcement%
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
to the detriment of the society.A The strip search in the ladies7 room was 4ustified under
the circumstances.
)rocedure for Seizure of )ornographic 'aterials;
To 4ustify a warrantless search as an incident to a lawful arrest% the arrest must
be on account of a crime having been committed6
1. There must be a criminal charge against the person for purveying the porno
materials6
!. "pplication for search warrant must be obtained from the 4udge6
&. 'aterials must be brought to court in the prosecution of the accused for the crime
charged6
(. 3etermination whether the items confiscated are pornographic materials6
+. 1udgment rendered by the court. (1ita vs. C, 1"< SCR !*,#
Sec) :, $rticle III
(1# /0e %rivacy o5 communication an3 corres%on3ence s0all be inviolable exce%t
u%on la25ul or3er o5 t0e court, or 20en %ublic sa5ety or or3er re$uires ot0er2ise
as %rescribe3 by la2.
(,# ny evi3ence obtaine3 in violation o5 t0is or t0e %rece3ing section s0all be
ina3missible 5or any %ur%ose in any %rocee3ing.
The guarantee includes within the mantle of its protection tangible% as well as
intangible ob4ects. <See " (!00 below=
37ce&tions to inviolabilit*:
1. Lawful order of the court6
!. :hen public safety or orders reHuires otherwise% as may be provided by law.
.s t0ere a constitutional rig0t to %rivacy9
EGes. The essence of privacy is @the right to be left aloneA. 8t is e$pressly recognized in
Section &<1= of "rticle 888. *ther facts of the right to privacy are protected in various
provisions of the Bill of ights% i.e.% Sections 1 <right to due process clause=% ! <right
against unreasonable searches and seizures=% 2 <right to liberty of abode and of
changing the same% as well as the right to travel=% . <freedom of association= and 1/
<right against self#incrimination=. (B%le vs. /orres, (.R. )o. 1,"*<;, Culy ,!, 19<<#
Vones of privacy recognized and protected in our laws;
1. The Civil Code provides that @every person shall respect the dignity% personality%
privacy and peace of mind of his neighbors and other personsA and punishes as
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
actionable torts several acts by a person of meddling and prying into the privacy
of another. 8t also holds a public officer or employee or any private individual
liable for damages for any violation of the rights and liberties of another person%
and recognizes the privacy of letters and other private communications.
!. The evised )enal Code ma>es a crime the violation of secrets by an officer% the
revelation of trade and industrial secrets% and trespass to dwelling.
&. "nti#:iretapping Law <" (!00= invasion of privacy.
(. Secrecy of Ban> 3eposits <" 1(0+=
+. 8ntellectual )roperty Law <" .!-&=
2. ules of Court on privileged communication li>ewise recognize the privacy of
certain information NSec. !(% ule 1&0<c=% evised ules on ,videnceO
R$ I200 $nti(/ire .a&&in% $ct
8t prohibits any person not being authorized by all parties to any private
communication or spo>en word% to tap any wire or cable% or by using any other device or
arrangement to secretly overhear% intercept or record the same% or to communicate the
content thereof to any person.
The use of said record may be permitted in the following instances;
1. 8n civil or criminal proceedings involving certain specified offenses principally
affecting national security6 and
!. :hen authorized by the court which may be issued under the following
conditions;
a. The constitutional reHuirements for the issuance of a warrant should be
complied with6 and
b. The authority shall be effective only for si$ty <20= days.
"ny evidence obtained in violation of this law is not admissible in any proceeding.
" (!00 clearly and uneHuivocally ma>es it illegal for any person% not authorized
by all parties to any private communication% to secretly record such communications by
means of a tape recorder. The law does not ma>e any distinction. " telephone
e$tension is not among the devices covered by this law. ((aanan vs. .C, 14; SCR
11,#
)avarro vs. C, (.R. )o. 1,1+<", ugust ,*, 1999, two local media men in Lucena
City went to the police station to report alleged indecent show in one night
establishment in the City. "t the station% there was a heated argument between police
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
officer 9avarro and Lingan% one of the two media men% which led to fisticuffs. Lingan fell
and his head hit the pavement which caused his death. 3uring the trial% 1albuena% the
other media man% testified. )resented in evidence to confirm his testimony was a voice
recording he had made of the heated discussion at the police station between accused
police officer 9avarro and the deceased% Lingan% which was ta>en without the
>nowledge of the two. The SC held that 1albuena7s testimony is confirmed by the voice
recording he had made. 8t may be as>ed whether the tape is admissible in view of "
(!00% which prohibits wire tapping. The answer is in the affirmative. The law prohibits
the overhearing% intercepting or recording of &rivate communications. Since the
e$change between petitioner 9avarro and Lingan was not private% its tape recording is
not &roibited.
37em&ted acts:
". 5se of such record or any copies thereof as evidence in any civil% criminal
investigation or trial of offenses mentioned below; NSecs. 1% par. !O

B. "ny peace officer% who is authorized by the written order of the Court <TC
within whose territorial 4urisdiction the acts for which authority is applied for are to be
e$ecuted=% to e$ecute any of the acts declared to be unlawful in cases involving the
crimes of; NSec. &% par. 1O
1. treason
!. espionage
&. provo>ing war and disloyalty in case of war
(. piracy
+. mutiny in the high seas
2. rebellion
/. conspiracy and proposal to commit rebellion
.. inciting rebellion
-. sedition
10. conspiracy to commit sedition
11. inciting to sedition
1! >idnapping as defined by the )C
1&. violations of C" 212% punishing espionage and other offenses against
national security
The :8TT,9 *3, shall only be issued or granted upon written application
with the e$amination under oath or affirmation of the applicant and the witnesses he
may produce and must show;
a= That there are reasonable grounds to believe that any of the crimes
enumerated herein has been committed or is being committed provided% that in cases
involving the offenses of rebellion% conspiracy and proposal to commit rebellion% inciting
to rebellion% sedition% conspiracy to commit sedition% such authority shall be granted only
upon prior proof that a rebellion or acts of sedition% as the case may be% have actually
been or are being committed6
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
b= That there are reasonable grounds to believe that evidence may be obtained
essential to the conviction of any person for% or to the solution of% or to the prevention of%
any of such crimes6
c= That there are no other means readily available for obtaining such evidence.

"ontents@
1. The identity of the person or persons whose communications% conversations%
discussions% or spo>en words are to be overheard% intercepted% or recorded and% in the
case of telegraphic or telephonic communications% the telegraph line and the telephone
number involved and its location6
!. The identity of the peace officer authorized to overhear% intercept% or record
the communications% conversations% discussions% or spo>en words6
&. The offense or offenses sought to be committed or prevented6 and
(. The period of the authorization.

3ffectivit*: The authorization shall be effective for the period specified in the order
which shall not e$ceed 20 days from the date of issuance of the order% unless e$tended
or renewed by the court upon being satisfied that such e$tension or renewal is in the
public interest.

Procedure: "ll recordings made under court authorization within (. hours after the
e$piration of the period fi$ed in the order;

1. Shall be deposited with the court in a sealed envelope or sealed pac>age6
!. shall be accompanied by an affidavit of the peace officer granted such
authority stating the number of recordings made% the dates and times covered by each
recording% the number of tapes% discs% or records included in the deposit and certifying
that no duplicates or copies are included in the envelope or pac>age deposited with the
court6
&. shall not be opened% or the recordings replayed% or used in evidence or their
contents revealed% e$cept upon order of the court% which shall not be granted e$cept
upon motion% with due notice and opportunity to be heard to the person or persons
whose conversations or communications have been recorded.
P3N$L.>
"ny person who violates the provisions of this "ct% shall% upon conviction% be
punished by;
1. imprisonment for not less than 2 months or more than 2 years6 and
!. with the accessory penalty of perpetual absolute disHualification from public
office if the offender be a public official at the time of the commission of the
offense6 and
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. 8f the offender is an alien% he shall be sub4ect to deportation proceedings.
$1,ISSI!ILI.>
"ny communication or spo>en word% or the e$istence contents% substance%
purport% effect or meaning of the same or any part thereof% or any information therein
contained% obtained or secured by any person in violation of this "ct shall not be
admissible in evidence in any 4udicial% Huasi#4udicial% or administrative hearing or
investigation.
37clusionar* Rule
$rt) III, Sec) :) 777
(2= "ny evidence obtained in violation of this <privacy of communication and
correspondence= or the preceding section <unreasonable searches and seizures= shall
be inadmissible for any purpose in any proceeding.

*ne of the remedies of one who was victimized by an illegal search is to as> for
the suppression of the things seized and the evidence illegally ta>en.

The e$clusionary rule prohibits the use of any evidence obtained in violation of
Sections ! and & <1=% "rt. 888 for Sany purposeS and in Sany proceeding.S The evidence is
absolutely useless. This has not always been the case.

8n :onca3o v. 1eo%leOs Court (194<#, the SC% following the 5.S. case of :olf
D. Colorado% rules that evidence illegally obtained is not necessarily e$cluded if is
otherwise admissible under the rules of evidence. 8n such case% the evidence admitted%
without pre4udice to any criminal% civil or administrative liability of the officer who illegally
seized it. 8n other words% the admissibility of the evidence is not effected by the illegality
of the means by which it was acHuired.

8t was in Stone0ill v. @io?no% supra% following the 5.S. case of :ao% v. B0io
19*9, when the e$clusionary rule was first adopted in the )hilippines% the SC noting that
the total suppression of the thing seized is the only effective means of ensuring the
constitutional right which it see>s to preserve. The Court noted% the insufficiency of the
other remedies <e.g. action for damages% criminal punishment% resistance=% especially in
the )hilippines where violations were committed by those in power and were thus
eHuipped with the pardoning power to water down the gravity of the other penalties
imposed to violators of those constitutional rights.

The victim may or may not get bac> the thing seized% depending on whether it is
contraband or not. 8t the thing is contraband% it would not be returned% and only its
suppression can be as>ed for. But if the thing is legal% the party can as> for its return%
even if no criminal prosecution has yet been filed% as in the Stonehill case.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
"ivil $ction for 1ama%es
" civil case for damages can also be filed pursuant to "rticle &! of the Civil Code.

8n berca v. Ver% the SC held that even if the privilege of the writ is suspended%
the court can nevertheless entertain an action not only against the tas> force but even
against the top ran>ing officials who ordered the seizure% to recover damages for the
illegal searches and seizures made in a despotic manner. By so doing% one can
indirectly inHuire into the validity of the suspension of the privilege.
RamireE vs. C, ,4< SCR ;9+, " (!00 clearly and uneHuivocally ma>es it illegal for
any person% not authorized by all parties to any private communication% to secretly
record such communications by means of a tape recorder. The law does not ma>e a
distinction.
Hulueta vs. C, ,;! SCR *99, the right may be invo>ed against the wife who went to
the clinic of her husband and there too> documents consisting of private
communications between her husband and his alleged paramour.
S0oul3 in camera ins%ection o5 ban? accounts be allo2e39
Before an in camera inspection may be allowed% there must be a pending case before
a court of competent 4urisdiction. ?urther% the account must be clearly identified% the
inspection limited to the sub4ect matter of the pending case before the court of
competent 4urisdiction. The ban> personnel and the account holder must be notified to
be present during the inspection% and such inspection may cover only the account
identified in the pending case.
8n Union Gan? vs. C, Section ! of the Law on Secrecy of Ban> 3eposits% as
amended% declares ban> deposit to be absolutely confidential e7ce&t;
1. 8n an e$amination made in the course of special or general e$amination of a
ban> that is specifically authorized by the 'onetary Board after being satisfied
that there is reasonable ground to believe that a ban> fraud or serious irregularity
has been or is being committed and that it is necessary to loo> into deposit to
establish such fraud or irregularity6
!. 8n an e$amination made by an independent auditor hired by the ban> to conduct
its regular audit provided that the e$amination is for audit purposes only and the
results thereof shall be for the e$clusive use of the ban>6
&. 5pon written permission of the depositor6
(. 8n case of impeachment6
+. 5pon order of a competent court in cases of bribery or dereliction of duty of
public officials6 or
2. 8n cases where the money deposited or invested is the sub4ect matter of the
litigation.
8n the case of :ar$ueE vs. @esierto, (.R. )o. 1!;<<,, Cune ,", ,++1, there is
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
yet no pending litigation before any court of competent authority. :hat is e$isting is an
investigation by the *ffice of the *mbudsman. 8n short% what the *ffice of the
*mbudsman would wish to do is to fish for additional evidence to formally charge
"mado Lagdameo% et al.% with the Sandiganbayan. Clearly% there was no pending case
in court which would warrant the opening of the ban> account for inspection.
2uman Securit* $ct of 200J
Section :, 2$S of 200J, provides that the authorities may% upon a written order
of the Court of "ppeals% listen to% intercept and record% with the use of any mode% form%
>ind or type of electronic or other surveillance eHuipment or intercepting and trac>ing
devices% or with the use of any suitable ways and means for that purpose% any
communication% message% conversation% discussion% or spo>en or written words
between members of terrorist group. )rovided% That surveillance% interception and
recording of communications between lawyers and clients% doctor and patients%
4ournalists and their sources and confidential business correspondence shall not be
authorized.
Sec) I, $rticle III
)o la2 s0all be %asse3 abri3ging t0e 5ree3om o5 s%eec0, o5 ex%ression, or t0e
%ress, or t0e rig0t o5 t0e %eo%le %eaceably to assemble an3 %etition t0e
government 5or re3ress o5 grievances.
The rule on privileged communications has its genesis not in the nation7s penal
code but in the Bill of ights of the Constitution guaranteeing freedom of speech and of
the press. "s early as 1-1.% in US vs. Ca>ete, !< 10il ,;!, the SC ruled that
publications which are privileged for reasons of public policy are protected by the
constitutional guaranty of freedom of speech. This constitutional right cannot be
abolished by the mere failure of the legislature to give it e$press recognition in the
statute punishing libel. (Gor4al vs. C, !+1 SCR 1#
The freedom to spea> includes the right to be silent. This freedom includes also
includes the right to an audience% in the sense that the State cannot prohibit the people
from hearing what a person has to say% whatever be the Huality of his thoughts. This
right% however% is not demandable against those unwilling to listen% who may not be
herded by the government into a captive audience.
Types of )rivileged Communications;
1. $bsolutel* &rivile%ed communicationsthose which are not actionable even
if the author acted in bad faith. "n e$ample is found in "rticle D8% Section 11
which e$empts a member of Congress from liability for any speech or debate in
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
the Congress or in any Committee thereof.
!. 9ualifiedl* &rivile%ed communicationsthose contained defamatory
imputations are not actionable unless found to have been made without good
intention or 4ustifiable motive. To this genre belong @private communicationsA and
@fair and true report without any comments or remar>s.A
8reedom of 37&ression5
"spect;
1. ?reedom from censorship or prior restraint6 and
!. ?reedom from subseHuent punishment.
?ree speech and free press may be identified with the liberty to discuss publicly
and truthfully any matter of public interest without censorship and punishment. There is
to be no previous restraint on the communication of views or subseHuent liability
whether in libel suits% prosecution for sedition% or action for damages% or contempt
proceedings unless there be a clear and present danger of substantive evil that
Congress has a right to prevent. (C0aveE vs. (onEaleE, (.R. )o. 1*<!!<, &ebruary
1;, ,++<#
estrictions on ?ree Speech;
1. "ontent(based Restrictions5are imposed because of the content of the
speech itself6 distort public debate% have improper motivation% and are usually
imposed because of fear how people will react to a particular speech.
-Sub4ect to the Clear#and#)resent danger ule Test
8n Sani3a3 vs. CB:ELEC, a rule prohibiting columnists% commentators%
and announcers from campaigning either for or against an issue in a plebiscite
must have compelling reason to support it% or it will not pass muster under strict
scrutiny.
These restrictions are censorial and therefore they bear a heavy
presumption of constitutional validity. 8n addition% they will be tested for possible
overbreadth and vagueness.
!. "ontent(neutral Restrictionsare those which are not concerned with the
content of the speech.
-The clear#and#present danger rule is inappropriate as a test for
determining the constitutional validity of laws.
Tests for a valid Bovernmental 8nterference;
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. "lear and Present 1an%er Rule5when words are used in such circumstance
and of such nature as to create a clear and present danger that will bring about
substantive evil that state has the right to prevent.
!. 1an%erous .endenc* Rule5words uttered create a dangerous tendency of an
evil which State has the right to prevent.
&. !alancin% of Interest .est5when particular conduct is regulated in interest of
public order% and the regulation results in an indirect% conditional% partial
abridgment of speech% the duty of the courts is to determine which of the !
conflicting interests demand greater protection under the particular
circumstances presented.
8n the case of 3iong vs. CB:ELEC, ,+" SCR "1!, the SC held that the
posting of decals and stic>ers on cars% calesas% tricycles% pedicabs and other moving
vehicles needs the consent of the owner of the vehicle. Eence% the preference of the
citizens becomes crucial in this >ind of propaganda% not the financial resources of the
candidate. The owner can even prepare his own decals or stic>ers for posting on his
personal property. To stri>e down this right and en4oin it is impermissible encroachment
of his liberties. The prohibition on posting of decals and stic>ers on @mobileA places
whether public or private e$cept in authorized areas designated by the C*',L,C
becomes censorship which cannot be 4ustified by the Constitution.
1octrine of 8air "omment5
?air commentaries on matters of public interest are privileged and constitute a
valid defense in an action for libel or slander. 8t means that while in general every
discreditable imputation publicly made is deemed false% because every man is
presumed innocent until his guilt is 4udicially proved% and every false imputation is
deemed malicious% nevertheless% when the discreditable imputation is directed against a
public person in his public capacity% it is not necessarily actionable. 8n order that such
discreditable imputation to a public official may be actionable% it must either be a false
allegation of fact or a comment based on a false supposition. 8f the comment is an
e$pression of opinion% based on established facts% it is immaterial that the opinion
happens to be mista>en% as long as it might reasonably inferred from the facts. (Gor4al
vs. C, !+1 SCR 1#
Ri%t to $ssemble and Petition =overnment
The right to assemble is not sub4ect to prior restraint and may not be conditioned
upon the prior issuance of a permit or authorization from the government authorities.
Eowever% the right must be e$ercised in such a way as will not pre4udice the public
welfare.
8f assembly is to be held at a public place% permit for the use of such place% and
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
not for the assembly itself may be validly reHuired. )ower of local officials is merely for
regulation and not for prohibition. (1rimicias vs. &ugoso, LA1<++, Canuary ,", 194<#
)ermit for public assembly is not necessary if meeting is to be held in;
a. " private place6
b. The campus of a government#owned or operated educational institution6 or
c. " freedom par>.
The provisions of B) ..0 <)ublic "ssembly "ct of 1-.+= are not absolute ban on
public assemblies but a restriction that simply regulates the time% place and manner of
the assemblies. The Court referred to it as content(neutral regulation.
Test for Lawful "ssembly;
1. )urpose Testthe purpose for which the assembly is held regardless of the
auspices under which it is organized6 and
!. "uspices Test.
8n the case of Gayan vs. Ermita, (.R. )o. 1*9<!<, %ril ,;, ,++*, Calibrated
)re#emptive esponse <C)= serves no valid purpose if it means the something else.
"ccordingly% what is to be followed is and should be that mandated by the law itself%
namely% ma$imum tolerance% which specifically means @the highest degree of restraint
that the military% police and other peace >eeping authorities shall observe during a
public assembly or in dispersal of the same.
Sec) G, $rticle III
)o la2 s0all be ma3e res%ecting an establis0ment o5 religion or %ro0ibiting t0e
5ree exercise t0ereo5. /0e 5ree exercise an3 en4oyment o5 religious %ro5ession
an3 2ors0i%, 2it0out 3iscrimination or %re5erence, s0all 5orever be allo2e3. )o
religious test s0all be re$uire3 5or t0e exercise o5 civil or %olitical rig0ts.
Reli%ion5any specific system of belief% worship% conduct% etc.% often involving a code of
ethics and a philosophy
8t is a profession of faith to an active power that binds and elevates man to his
Creator. (gli%ay vs. RuiE, *4 10il ,+1#
8reedom of Reli%ion5
1. 9on#,stablishment Clause
Scope;
a. State cannot set#up church6
b. Cannot pass laws which aid one religion% all religions or prefer one over
another6
c. 9or influence a person to go to or remain away from church against his will6
nor
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review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
d. ?orce him to profess a belief or disbelief in any religion.
!. ?reedom of eligious Belief and :orship
3ual aspect of ?reedom of eligious Belief and :orship;
a. ?reedom to believeabsolute as long as the belief is confined within the
realm of thought6 and
b. ?reedom to act on one7s beliefsub4ect to regulation where the belief is
translated into e$ternal acts that affect the public welfare.
3cclesiastical $ffairit involves the relationship between the church and its members
and relates to matters of faith% religious doctrines% worship and governance of the
congregation to which the state cannot meddle.
!enevolent Neutralit*5recognizes that government must pursue its secular goals and
interest but at the same time strive to uphold religious liberty to the greatest e$tent
possible within fle$ible constitutional limits. Thus% although the morality contemplated by
laws is secular% benevolent neutrality could allow for accommodation of morality based
on religion% provided it does not offend compelling state interests.
T
hree <&=#Step process of the compelling State 8nterest Test
1. Eas the statute or government action created a burden on the free e$ercise of
religionT
!. 8s there a sufficiently compelling state interest to 4ustify this infringement of
religious libertyT
&. Eas the state in achieving its legitimate purposes used the least intrusive means
possible so that the free e$ercise is not infringed any more than necessary to
achieve the legitimate goal of the stateT (Estra3a vs. Escritor, .:. )o. 1A+,A
1*;1, Cune ,,, ,++*#

Ebralinag vs. @ivision Su%erinten3ent, ,19 SCR ,;*, to compel students to ta>e
part in a flag ceremony when it is against their religious beliefs will violate their religious
freedom. )etitioners have the right to refuse to salute to the )hilippine flag on account
of their religious freedom.
.glesia ni Cristo vs. C, ,;9 SCR ;,9, the 89C7s postulate that its religious freedom
is per se beyond review of the 'TCB should be re4ected. 8ts public broadcast on TD of
its religious programs brings it out of the bosom of internal belief. Television is a
medium that reaches even the eyes and ears of children. The e$ercise of religious
freedom can be regulated by the State when it will bring about the clear and present
danger of a substantive evil which the State is duty#bound to prevent% i.e.% serious
detriment to the more overriding interest of public health% public morals% or public
welfare. " laisse7 4aire policy on the e$ercise of religion can be seductive to the liberal
mind but history counsels the Court against its blind adoption as religion is and
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Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
continues to be a volatile area of concern in our society today. @?or sure% we shall
continue to sub4ect any act pinching the space for the free e$ercise of religion to a
heightened scrutiny but we shall not leave its rational e$ercise to the irrationality of a
man. ?or when religion divides and its e$ercise destroys% the State should not stand
still.A
/aruc vs. Gis0o% @ela CruE, (.R. )o. 144<+1, :arc0 1+, ,++;,
e$pulsionIe$communication of members of a religious institutionIorganization is a matter
best left to the discretion of the officials% and the laws and canons% of said
institutionIorganization. 8t is not for the courts to e$ercise control over church authorities
in the performance of their discretionary and official functions. ather% it is for the
members of the religious institutionIorganization to conform to 4ust church regulations.
Reli%ious .ests
The constitutional prohibition against religious tests is aimed against clandestine
attempts on the part of the government to prevent a person from e$ercising his civil or
political rights because of his religious beliefs.
Sec) H, $rticle III
/0e liberty o5 abo3e an3 o5 c0anging t0e same 2it0in t0e limits %rescribe3 by la2
s0all not be im%aire3 exce%t u%on la25ul or3er o5 t0e court. )eit0er s0all t0e rig0t
to travel be im%aire3 exce%t in t0e interest o5 national security, %ublic sa5ety, or
%ublic 0ealt0, as may be %rovi3e3 by la2.
Libert* of $bode and .ravel
The purpose of the guaranty is to further emphasize the individual7s liberty as
safeguarded in general terms by the due process clause. Liberty under that clause
includes the right to choose one7s residence% to leave it whenever he pleases% and to
travel where he wills.
Limitation on Libert* of $bode; upon Lawful order of the court
Restrictions on Ri%t to .ravel;
1. 8nterest of national security6
!. )ublic safety6
&. )ublic health6 or
(. "ny person on bail.
8n Caunca vs. SalaEar, <, 10il <;1, a maid has the right to transfer to another
residence even if she had not yet paid the amount advanced for her transportation from
the province by an employment agency which was then effectively detaining her.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Villavicencio vs. Lu?ban, !9 10il ""<, the 'ayor of 'anila was not sustained by the
SC when he deported some 1/0 women of ill#repute to 3avao% for the admittedly
commendable purpose of ridding the city for serious moral and health problems. These
women are nevertheless not chattels but )hilippine citizens protected by the same
constitutional guarantees as are other citizensto change their domicile from 'anila to
another locality.
Rubi vs. Goar3 o5 :in3oro, !9 10il **+, the respondents were 4ustified in reHuiring the
members of certain non#Christian tribes to reside in a reservation% for their better
education% advancement and protection. The measure was held to be a legitimate
e$ercise of police power.
LorenEo vs. @irector o5 'ealt0, ;+ 10il ;9;, health officers may restrict access to
contaminated areas and also Huarantine those already e$posed to the disease sought
to be contained.
Hemel vs. Rus?, !<1 US 1, the Secretary of State may regulate or even prohibit the
travel of citizens to hostile countries to prevent possible international misunderstanding
and conflict.
Section 2H of 2$S of 200J5cases where evidence of guilt is not strong% and the
person charged with the crime of terrorism as therein defined is entitled to bail and if
granted the same% the court% upon application by the prosecutor% shall limit the right to
travel of the accused to within the municipality or city where he resides or where the
case is pending% in the interest of national security and public safety.
Sec) J, $rticle III
/0e rig0t o5 t0e %eo%le to in5ormation on matters o5 %ublic concerne3 s0all be
recogniEe3. ccess to o55icial recor3s, an3 to 3ocuments, an3 %a%ers %ertaining
to o55icial acts, transactions, or 3ecisions, as 2ell as to government researc0
3ata use3 as basis 5or %olicy 3evelo%ment, s0all be a55or3e3 t0e citiEens, sub4ect
to suc0 limitations as may be %rovi3e3 by la2.
Ri%t of te Peo&le to Information on ,atters of Public "oncern
The citizen has a right to >now what is going on in the country and in his
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
government so he can e$press his views thereon >nowledgeably and intelligently. *ne
cannot Huestion the e$travagance of the government% for e$ample% if is denied
e$amination of official vouchers. " citizen may not e$pose anomaly if those responsible
for it may validly prevent him from investigating their activities. 8n the interest of truth
and fairness% the citizen should not be made to guess only at what is being done by
public functionaries and to base his views and conclusions on mere rumors% half#truths%
con4ectures and even canards.
ecognized restrictions;
1. National securit* matters and intelli%ence informationthis 4urisdiction
recognizes the common law holding that there is a governmental privilege
against public disclosure with respect to state secrets regarding military%
diplomatic and other national security matters6
!. .rade or industrial secrets<pursuant to the 8ntellectual )roperty Code% "
.!-& and other related laws and ban>ing transactionspursuant to the Secrecy
of Ban> 3eposits "ct% " 1(0+=6
&. "riminal matters% such as those relating to the apprehension% the prosecution
and the detention of criminals% which courts may not inHuire into prior to such
arrest% detention and prosecution6 and
(. -ter confidential information. The ,thical Standards "ct further prohibits
public officials and employees from using or divulging @confidential or classified
information to the public.A NSection / <c=% " 2/1&O *ther ac>nowledged
limitations to information access include diplomatic correspondence% closed door
Cabinet meetings and e$ecutive sessions of either Eouse of congress% as well as
the internal deliberations of the SC. (C0aveE vs. 1C((, ,99 SCR "44#
ights guaranteed;
1. ight to information on matters of public concern6 and
!. Corollary right of access to official records and documents
GAR "941 vs. CB:ELEC, (.R. )os. 1"","1 an3 1""!14, :ay 4, ,++", the right to
information is a public right where the real parties in interest are the public% or the
citizens to be precise. The people7s right to >now is limited to matters o4 pu+lic concern
and is further sub4ect to such limitation as may be provided by law. Similarly% the policy
of full disclosure is confined to transactions involving @public interest7 and is sub4ect to
reasonable conditions prescribed by law.
Valmonte vs. Gelmonte, Cr., 1"+ SCRa ,;*Fthe information sought must be @matters
of public concern%A access to which may be limited by law. The information sought by
petitioners is the truth of reports that certain 'embers of the Batasan )ambansa
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
belonging to the opposition were able to secure Mclean7 loans from the BS8S immediately
before the ?ebruary /% 1-.2 election through the intercession of the former ?irst Lady
8melda 'arcos. $ $ $ The public nature of the loanable funds of the BS8S and the public
office held by the alleged borrowers ma>e the information sought clearly a matter of
public interest and concern.
Legas%i vs. Civil Service Commission, the SC affirmed the right of the petitioner to
secure from the Civil Service Commission information regarding the civil service
eligibility of certain persons employed in the health department of the Cebu City
government.
Sec) 8, $rticle III
/0e rig0t o5 t0e %eo%le, inclu3ing t0ose em%loye3 in t0e %ublic an3 %rivate
sectors, to 5orm unions, associations, or societies 5or %ur%oses not contrary to
la2 s0all not be abri3ge3.
Ri%t to 8orm associationsshall not be impaired without due process of law6
guarantees the right not to 4oin an association. (Sta. Clara 'omeo2ners ssociation
vs. (aston, (.R. )o. 1419*1, Canuary ,!, ,++,#
This right is especially meaningful in a free society because a man is by nature
gregarious. Eis disposition to mi$ with others of the same persuasions% interests or
ob4ectives is guaranteed by this provision. 8t also e$pressly guarantees to those
employed in the public and private sectors the right to form unions.
This right is available also to those in the government sectors.
8t is a settled in 4urisprudence that% in general% wor>ers in the public sectors do
not en4oy the right to stri>e. The general rule in the past and up to present is that the
Mterms and conditions of employment in the Bovernment% including any political
subdivision or instrumentality thereof are governed by law.7 $ $ $. Since the terms and
conditions of government employment are fi$ed by law% government wor>ers cannot use
the same weapons employed by the wor>ers in the private sector to secure concessions
from their employers. The principle behind labor unionism in private industry is that
industrial peace cannot be secured through compulsion by law. elations between
private employers and their employees rest on an essentially voluntary basis. $ $ $ 8n
government employment% however% it is the legislature and% where properly given
delegated power% the administrative heads of government which fi$ the terms and
conditions of employment. "nd this is effected through statutes or administrative
circulars% rules and regulations% not through collective bargaining agreements. (lliance
o5 Concerne3 (overnment 8or?ers vs. :inistry o5 Labor an3 Em%loyment, 1,4
SCR 1#
8n the case of Cacinto vs. C, ,<1 SCR *;", the SC held that petitioners were
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
not penalized for the e$ercise of their right to assemble peacefully and to petition the
government for a redress of grievances. ather% the Civil Service Commission found
them guilty of conduct pre4udicial to the best interest of the service for having absented
themselves without proper authority% from their school during regular school days% in
order to participate in the mass protest% their absence ineluctably resulting in the non#
holding of classes and in the deprivation of students of education% for which they were
responsible. Ead petitioners availed themselves of their free timerecess% after
classes% wee>ends or holidaysto dramatize their grievances and to dialogue with the
proper authorities within the bounds of law% no onenot the 3,CS% the CSC or even
the SCcould have held them liable for the valid e$ercise of their constitutionally
guaranteed rights. "s it was% the temporary stoppage of classes resulting from their
activity necessarily disrupted public services% the very evil sought to be forestalled by
the prohibition against stri>es by government wor>ers. Their act by their nature was
en4oined by the Civil Service Law% rules and regulations% for which they must% therefore%
be made answerable.
(S.S vs. Da%isanan ng mga :anggaga2a sa (S.S, (. R. )o. 1"+1!,, @ecember *,
,++*, it was against the bac>drop of the provisions of the Constitution that the Court
resolved that employees in the public service may not engage in stri>es or in concerted
and unauthorized stoppage of wor>6 that the right of government employees to organize
is limited to the formation of unions or associations% without including the right to stri>e.
8t may be% as the appellate court urged% that the freedom of e$pression and assembly
and the right to petition the government for a redress of grievances stand on a level
higher than economic and other liberties.
Sec) K, $rticle III
1rivate %ro%erty s0all not be ta?en 5or %ublic use 2it0out 4ust com%ensation.
<See discussions 5nder ,minent 3omain=
Sec) 60, $rticle III
)o la2 im%airing t0e obligation o5 contract s0all be %asse3.
The freedom to contract is not absolute6 all contracts and all rights are sub4ect to
the police power of the State and not only may regulations which affect them be
established by the State% but all such regulations must be sub4ect to change from time to
time% as the general well#being of the community may reHuire% or the circumstances may
change% or as e$perience may demonstrate the necessity.
The purpose of the impairment clause is to safeguard the integrity of valid
contractual agreements against unwarranted interference by the State. "s a rule% they
should be respected by the legislature and not tampered with by subseHuent laws that
will change the intention of the parties or modify their rights and obligations. The will of
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
the obligor and the obligee must be observed6 the obligation of their contract must not
be impaired.
Eowever% the protection of the impairment clause is not absolute. There are
instances when contracts valid at the time of their conclusion may become invalid% or
some of their provisions may be rendered inoperative or illegal% by virtue of supervening
legislation.
Limitations;
1. )olice powerprevails over contracts6
!. ,minent domainmay impair obligation of contracts6 and
&. Ta$ationcannot impair obligation of contracts.
Im&airment5anything that diminishes the efficacy of a contract
There is impairment when there is change in the terms of a legal contract
between parties% either in the time or mode of performance% or imposes new conditions%
or dispenses with those e$pressed% or authorizes for its satisfaction something different
from that provided in its terms. (Clemons vs. )olting, )o. 1"9;9, Canuary ,4, 19,,#
'on. 'e0erson lvareE vs. 1.CB1 Resources, .nc., (.R. )o. 1*,,4!, )ovember
,9, ,++*, in uneHuivocal terms% the SC have consistently held that such licenses
concerning the harvesting of timber in the country7s forests cannot be considered
contracts that would bind the Bovernment regardless of changes in policy and the
demands of public interest and welfare. Since timber licenses are not contracts% the
non#impairment clause cannot be invo>ed.
Sec) 66, $rticle III
&ree access to t0e courts an3 $uasiA4u3icial bo3ies an3 a3e$uate legal
assistance s0all not be 3enie3 to any %erson by reason o5 %overty.
8nspired by t social 4ustice policy and covered by the eHual protection clause% this
rule has been implemented by several provisions of the ules of Court in favor of the
pauper litigant. The 8B) provides deserving indigents with free legal aid% including
representation in court% and similar services available from the 3*1 to litigants who
cannot afford retained counsel% li>e the accused in a criminal case who can as> for the
assistance of counsel de o44icio. There are also private legal assistance organizations
now functioning for the benefit of penurious clients who otherwise might be unable to
resort to the courts of 4ustice because only of their misfortune of being poor. This
provision ma>es them the eHual of the rich before the law.
Sec) 62, $rticle III
<1= ny %erson un3er investigation 5or t0e commission o5 an o55ense s0all
0ave t0e rig0t to be in5orme3 o5 0is rig0t to remain silent an3 to 0ave a
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
com%etent an3 in3e%en3ent counsel %re5erably o5 0is o2n c0oice. .5 t0e
%erson cannot a55or3 t0e services o5 counsel, 0e must be %rovi3e3 2it0
one. /0ese rig0ts cannot be 2aive3 exce%t in 2riting an3 in t0e %resence
o5 counsel.
(,# )o torture, 5orce, violence, t0reat, intimi3ation, or any ot0er means 20ic0
vitiate t0e 5ree 2ill s0all be use3 against 0im. Secret 3etention %laces, solitary,
incommunica3o, or ot0er similar 5orms o5 3etention are %ro0ibite3.
(!# ny con5ession or a3mission obtaine3 in violation o5 t0is or Section 1" 0ereo5
s0all be ina3missible in evi3ence against 0im.
(4# /0e la2 s0all %rovi3e 5or %enal an3 civil sanctions 5or violations o5 t0is
section as 2ell as com%ensation to an3 re0abilitation o5 victims o5 torture or
similar %ractices, an3 t0eir 5amilies.
Ri%ts of an $ccused under "ustodial Investi%ation
,$ist only in custodial interrogation
"vailable when the investigation is no longer a general inHuiry into an unsolved crime
but has begun to focus on a particular suspect% the suspect has been ta>en into police
custody% the police carry out a process of interrogation that tend to elicit incriminating
statements.
"ustodial Investi%ation5
"ny Huestioning initiated by law enforcement officers after a person has been
ta>en into custody or otherwise deprived of his freedom of action in any significant way.
8t shall include the practice of issuing @invitationA to a person who is investigated
in connection with an offense he is suspected to have committed% without pre4udice to
the liability of the @invitingA officer for any violation of the law. (R$ JI:8+
1eo%le vs. Lugo3, (.R. )o. 1!*,;!, &ebruary ,1, ,++1, the accused should
have been entitled to 'iranda rights% because even assuming that he was not yet under
interrogation at the time he was brought to the police station% his confession was elicited
by a police officer who promised to help him if he told the truth. ?urthermore% when he
allegedly pointed out the body of the victim% the atmosphere was highly intimidating and
not conducive to a spontaneous response as the whole police force and nearly 100
townspeople escorted him there. 9ot having the benefit of counsel and not having been
informed of his rights% the confession is inadmissible.
,iranda ri%ts5
(:iran3a vs. riEona, !<4 US 4!*#
$ $ $ The prosecution may not use statements% whether e$culpatory or inculpatory%
stemming from custodial interrogation of the defendant unless it demonstrates the use of
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
procedural safeguards effective to secure the privilege against self#incriminations. By custodial
interrogation% it means Huestioning initiated by law enforcement officers after a person has been
ta>en into custody or otherwise deprived of his freedom of action in any significant way. "s for
the procedural safeguards to be employed% unless other fully effective means are devised to
informed accused#persons of their right of silence and to assure a continuous opportunity to
e$ercise it% the following measures are reHuired. )rior to any Huestioning% the person must be
warned that he has the right to remain silent% that any statement he does ma>e may be used as
evidence against him% and that he has a right to the presence of an attorney% either retained or
appointed. The defendant may waive effectuations of these rights% provided the waiver is made
voluntarily% >nowingly and intelligently. 8f% however% he indicates in any manner and at any stage
of the process that he wishes to consult with an attorney before spea>ing there can be no
Huestioning. Li>ewise% if the individual is alone and indicates in any manner that he does not
wish to be interrogated% the police may not Huestion him. The mere fact that he may have
answered some Huestions or volunteered some statements on his own does not deprive him of
the right to refrain from answering any further inHuiries until he has consulted with an attorney
and thereafter consents to be Huestioned.
"pplies only from the moment the investigating officer begins to as> Huestions for the
purpose of eliciting admissions% confessions or any information from the accused.
1eo%le vs. Galoloy, (.R. )o. 14+"4+, %ril 1,, ,++,, it was held that this guarantee
does not apply to spontaneous statement% not elicited through Huestioning by the
authorities but given in an ordinary manner whereby the suspect orally admitted having
committed the offense. 9either can it apply to admissions or confessions made by a
suspect before he was placed under custodial investigation. 8n this case% the narration
before the Barangay Captain &rior to custodial investigation was admissible in
evidence% but not the admissions made before 1udge 3icon% inasmuch as the
Huestioning by the 4udge was done after the suspect had been arrested and such
Huestioning already constituted custodial investigation.
Ri%ts %uaranteed:
1. ight to remain silent6
!. ight to have a competent and independent counsel preferably of his own choice
at all stages of the investigation6
Inde&endent and com&etent counsel5willing to safeguard the constitutional rights of
the accused
&. ight to be informed of such rights6
Rationale:
a. to ma>e him aware of it6
b. to overcome the inherent pressure o the interrogating atmosphere6 and
c. to show the individual that his interrogators are prepared to recognize his
privilege should he choose to invo>e it.
(. ight to be provided with counsel% if the person cannot afford one6
These rights cannot be waives e$cept in writing and in the presence of counsel6 it is not
reHuired in a police#line up as the latter is not part of a custodial inHuest.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
+. 9o torture% force% etc. which vitiate free will shall be used6
2. Secret detention places are prohibited6 and
/. ConfessionIadmissions obtained in violation of rights are inadmissible in
evidence.
:ays of identifying the suspects 3uring Custodial 8nvestigation;
1. Sow(u&s (out(of(court identification+5where the suspect alone is brought face
to face with the witness for identification6
1eo%le vs. Escor3ial, (.R. )os. 1!<9!4A!;, Canuary 1*, ,++,, the accused%
having become the focus of attention by the police after he had been pointed to
by a certain amie as the possible perpetrator of the crime% it was held that when
the out#of#court identification was conducted by the police% the accused was
already under custodial investigation.
!. ,u% sots5where photographs are shown to the witness to identify the
suspect6 and
&. Police Line u&s5where a witness identifies the suspect from a group of
persons lined up for the purpose. 8t is not considered a part of any custodial
inHuest because it is conducted before that stage of investigation is reached
(1eo%le vs. Gravo, (.R. )o. 1!;;*,, )ovember ,,, 1999#. The process has
not yet shifted from the investigatory to the accusatory stage% and it is usually the
witness or the complainant who is interrogated and who gives a statement in the
course of the line#up (1eo%le vs. mestuEo, Culy 1,, ,++1#.
?actors in esolving the "dmissibility of and elying on *ut#of#Court 8dentification of
Suspects; .-.$LI.> -8 "IR"4,S.$N"3S .3S.
1. The witness7 opportunity to view the criminal at the time of the crime6
!. The witness7 degree of attention at that time6
&. The accuracy of any prior description given by the witness6
(. The level of certainty demonstrated by the witness at the identification6
+. The length of time between the crime and the identification6 and
2. The suggestiveness of the identification procedure.
Two <!= >inds of 8nvoluntary or Coerced Confessions;
1. Those which are the product of &
rd
degree methods such as torture% force%
violence% threat% intimidation% which are dealt with in paragraph ! of Section 1!6
and
!. Those which are given without the benefit of 'iranda warnings.
37traBudicial "onfessions5are presumed voluntary% and% in the absence of
conclusive evidence showing the declarant7s consent in e$ecuting the same has been
vitiated% such confession will be sustained.
To be admissible% it must be;
1. Doluntary6
!. 'ade with the assistance of competent and independent counsel6
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--
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. ,$press6 and
(. 8n writing.
Investi%ations not considered custodial interro%ation
1. Those conducted by an audit e$aminer
!. Those conducted by the Court "dministrator
&. Those conducted by the employer
?or the reason that these people are not law enforcement officers
Eowever% in the case of 1eo%le vs. Salonga, (.R. )o. 1!11!1, Cune ,1, ,++1, after an
audit% the accused was summoned to appear before the "ssistant "ccountant of
'etroBan> and% in the course of the interview% accused admitted having issued the
sub4ect cashier7s chec>s without any legitimate transaction% the written confession was
held admissible in evidence inasmuch as the interview did not constitute custodial
investigation.
La3iana vs. 1eo%le, (.R. )o. 144,9!, @ecember ,4, ,++,, the counter#affidavit
submitted by the respondent during preliminary investigation is admissible because
preliminary investigation is not part of custodial investigation. The interrogation by the
police% if any would already have been ended at the time of the filing of the criminal case
in court or in the public prosecutor7s office.
S&ontaneous statements5those elicited through Huestioning by law enforcement
officers% but given in an ordinary manner where the appellant verbally admits to having
committed the offense% are admissible. (1eo%le vs. (uillermo, (.R. )o. 14""<*,
Canuary ,+, ,++4#
/$I;3R5
8t must be in writing and made in the presence of the counsel. The burden of
proving that there was a valid waiver rests on the prosecution. The presumption of
official duty has been regularly performed cannot prevail over the presumption of
innocence.
:hat may be waivedT
1. ight to remain silent
!. ight to counsel
37clusionar* Rule5
Confession or admission obtained in violation of Sections 1! and 1/ of "rticle 888
shall be inadmissible in evidence.
8ruit of te &oisonous tree5once the primary source is shown to have been lawfully
obtained% any secondary or derivative evidence derived from it is inadmissible.
,vidence illegally obtained by the State should not be used to gain other
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100
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
evidence because the originally obtained evidence taints all evidence subseHuently
obtained.
Sec) 6:, $rticle III
ll %ersons, exce%t t0ose c0arge3 2it0 o55enses %unis0able by reclusion
%er%etua 20en evi3ence o5 guilt is strong, s0all, be5ore conviction, be bailable by
su55icient sureties, or be release3 or recogniEance as may be %rovi3e3 by la2.
/0e rig0t to bail s0all not be im%aire3 even 20en t0e %rivilege o5 t0e 2rit o5
0abeas cor%us is sus%en3e3. Excessive bail s0all not be re$uire3.
Ri%t to !ail
!ail5the security given for the release of a person in custody of the law% furnished by
him or a bondsman% conditioned upon his appearance before any court as may be
reHuired.
The right to bail may be invo>ed by any person once detention commences even
if no formal charges have yet to be filed6
8t can availed of by a person who is in custody of law or otherwise deprived of his
liberty6
Suspension of the writ of the privilege of ha+eas corpus does not suspend the
right to bail6
,ven when the accused has previously 4umped bail% still he cannot be denied bail
before conviction if it is a matter of right. The remedy is to increase the amount of
bail6
ight to bail has not been recognized and is not available to the military.
Standards for fi$ing amount of bail;
1. ?inancial ability of the accused6
!. 9ature and circumstances of the offense6
&. )enalty for the offense charged6
(. Character and reputation of the accused6
+. "ge and health of the accused6
2. :eight of evidence against the accused6
/. )robability of appearance at trial6
.. ?orfeiture of other bonds by him6
-. Ee was a fugitive from 4ustice when arrested6 and
10. )endency of other cases where he is also under bail.
!ail as a matter of ri%t5
"ll persons in custody shall be admitted to bail as a matter of right% with sufficient
sureties% or be released on recognizance as prescribed by law;
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101
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. Before or after conviction by the 'TC6 and
!. !efore conviction by the TC of an offense not punishable by death% reclusion
perpetua or life imprisonment.
&. The evidence of guilt is not strong.
!ail wen discretionar*5
1. 4&on conviction by the TC of an offense not punishable by death% reclusion
perpetua or life imprisonment% the court% on application% may admit the accused
to bail.
!. The court% in its discretion% may allow the accused to continue on provisional
liberty after the same bail bond during the period to appeal sub4ect to the consent
of the bondsman.
&. 8f the court imposed a penalty of imprisonment e7ceedin% H *ears but not more
tan 20 *ears, the accused shall be denied bail% or his bail previously granted
shall be cancelled% upon showing by the following or other similar circumstances;
a. That the accused is a recidivist% Huasi#recidivist% or habitual delinHuent% or
has committed the crime aggravated by the circumstance of reiteracionF
b. That the accused is found to have previously escaped from legal
confinement% evaded sentence% or has violated the conditions of his bail
without valid 4ustification6
c. That the accused committed the offense while on probation% parole% or
under conditional pardon6
d. That the circumstances of the accused or his case indicates the probability
of flight if released on bail6 or
e. That there is undue ris> that during the pendency of the appeal% the
accused may commit another crime.

80et0er bail is a matter o5 rig0t or 3iscretionFreasonable notice of hearing is
reHuired to be given to the prosecutor% or at least he must be as>ed for his
recommendation% because in fi$ing the amount of bail% the 4udge is reHuired to ta>e into
account a number of factors.
/en bail sall be denied5
9o person% regardless of the stage of the criminal prosecution% shall be admitted
to bail if;
a. Charged with capital offense% or an offense punishable by reclusion perpetua
or life imprisonment6 and
b. ,vidence of guilt is strong.
:hen the accused is charged with an offense punishable by reclusion perpetua
or higher% a hearing on the motion for bail must be conducted by the 4udge to
determine whether or not the evidence of guilt is strong.
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10!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
:ithout a hearing% the 4udge could not possibly asses the weight of the evidence
against the accused before granting the latter7s application for bail.
(#ee the cases o4 6overnment o4 $#3 vs. Hon. Purganan and
6overnment o4 Hong"ong vs. Gudge 'lalia)
Sec) 6I, $rticle III
(1# )o %erson s0all be 0el3 to ans2er 5or a criminal o55ense 2it0out 3ue %rocess
o5 la2.
<!= .n all criminal %rosecutions, t0e accuse3 s0all be %resume3 innocent until t0e
contrary is %rove3, an3 s0all en4oy t0e rig0t to be 0ear3 by 0imsel5 an3
counsel, to be in5orme3 o5 t0e nature an3 cause o5 t0e accusation against
0im, to 0ave a s%ee3y, im%artial, an3 %ublic trial, to meet t0e 2itnesses 5ace to
5ace, an3 to 0ave com%ulsory %rocess to secure t0e atten3ance o5 2itnesses
an3 t0e %ro3uction o5 evi3ence in 0is be0al5. 'o2ever, a5ter arraignment, trial
may %rocee3 not2it0stan3ing t0e absence o5 t0e accuse3 %rovi3e3 t0at 0e
0as been 3uly noti5ie3 an3 0is 5ailure to a%%ear is un4usti5iable.
Ri%ts of te $ccused:
1. Criminal due process;
a. *pportunity to be heard in court of competent 4urisdiction6
b. The accused must proceed against under orderly processes of law6
c. Ee must be given notice and opportunity to be heard6 and
d. The 4udgment rendered was within the authority of a constitutional law.
!. )resumption of innocence
,very circumstance favoring the innocence of the accused must be ta>en
into account. The proof against him must not be permitted to sway
4udgment and the presumption that official duty was regularly performed
cannot% by itself% prevail over the constitutional presumption of innocence.
&. ight to be heard by himself and counsel
(. ight to be informed of the nature and cause of the accusation against him
-bBectives:
a. To furnish the accused with such a description of the charge against him
as will enable him to ma>e the defense6
b. To avail himself of his conviction or acHuittal for protection against a
further prosecution for the same cause6 and
c. To inform the court of the facts alleged% so that it may decide whether they
are sufficient in law to support a conviction% if one should be had.
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10&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
-3escription% not designation% of the offense is controlling.
;oid(for(;a%ueness Rule5the accused is denied the right to be informed of the
charge against him% and to due process as well% where the statute itself is
couched in such indefinite language that it is not possible for men of ordinary
intelligence to determine therefrom what acts or omissions are punished and%
hence% shall be avoided.
Estra3a vs. San3iganbayan, (.R. )o. 14<;*+, )ovember 19, ,++1, every
legislative measure is presumed constitutional. )etitioner failed to discharge the
burden to overcome the presumption of constitutionality.
+. ight to speedy% impartial and public trial
Im&artial5the 4udge must not be bias and not motivated by malice or bad faith
2. ight to meet witness face to face
:itnesses not submitted for cross#e$amination are not admissible as evidence.
Eowever% right to cross#e$amination may be waived.
/. ight to compulsory process to secure attendance of witnesses and production
of evidence
.. Trial in "bsentia
"fter arraignment6
3ue notice6 and
"bsence is un4ustified.
Plea of %uilt to a ca&ital offense5
1. There must be searching inHuiry into the voluntariness of the plea and the full
comprehension of the conseHuences thereof6
!. )resentation of evidence to prove the guilt of the accused and the precise degree
of his culpability6
&. The accused must be as>ed if he desire to present evidence on his behalf and
allow him to do so if he so desires.
Sec) 6G, $rticle III
/0e %rivilege o5 t0e 2rit o5 0abeas cor%us s0all not be sus%en3e3 exce%t in cases
o5 invasion or rebellion 20en t0e %ublic sa5ety re$uires.
(Relate tis to Section 68, $rticle ;II+
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10(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
/rit of abeas cor&us5
" writ issued by the court directed to a person detaining another% commanding
him to produce the body of the prisoner at designated time and place% with the day and
cause of his capture and detention% to do% to submit to% and to receive whatever court or
4udge awarding writ shall consider in his behalf.
8t lies only where the restraint of a person7s liberty has been 4udicially ad4udged to
be illegal or unlawful.
" petition for ha+eas corpus will be given due course only if it shows that
petitioner is being detained or restrained of his liberty unlawfully. " restrictive custody
and monitoring of movements or whereabouts of police officers under investigation by
their superiors is not a form of illegal detention or restraint of liberty. (S1+, :analo vs.
1)1 C0ie5 Cal3eron, (.R. )o. 1"<9,+, Bctober 1;, ,++"#
Sec) 6H, $rticle III
ll %ersons s0all 0ave t0e rig0t to a s%ee3y 3is%osition o5 t0eir cases be5ore all
4u3icial, $uasiA4u3icial, or a3ministrative bo3ies.
Enri$ueE vs. B55ice o5 t0e Bmbu3sman, (.R. )o. 1"49+,A+*, &ebruary 1;, ,++<,
this right% li>e the right to a speedy trial% is deemed violated when the proceedings are
attended by ve$atious% capricious% and oppressive delays.
The concept of speedy disposition of cases is relative or fle$ible. " simple
mathematical computation of the time involved is insufficient. The facts and
circumstances peculiar to each case must be e$amined. 8n ascertaining whether the
right to a speedy disposition of cases has been violated% the following factors must be
considered;
1. The length of delay6
!. The reasons for the delay6
&. The assertion or failure to assert such right by the accused6 and
(. The pre4udice caused by the delay. (/ilen3o vs. Bmbu3sman an3
San3iganbayan, (.R. )o. 1*;9";, Se%tember 1!, ,++"#
Sec) 6J, $rticle III
)o %erson s0all be com%elle3 to be a 2itness against 0imsel5.
Ri%t a%ainst self(incrimination5
"vailability;
9ot only in criminal prosecutions but also in all other government proceedings%
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10+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
including civil actions and administrative or legislative investigations
'ay be claimed not only by accused but by any witness to whom an
incriminating Huestion is addressed.
Scope;
8t applies only against testimonial compulsion and production of documents%
papers and chattels in court e7ce&t when boo>s of account are to be e$amined in
e$ercise of power of ta$ation and police power.
Two <!= types of 8mmunity Statutes;
1. Transactional )mmunity #tatute=testimony of any person or whose possession
of documents or other evidence necessary or convenient to determine the truth in
any investigation conducted is immune from criminal prosecution for an offense
to which such compelled testimony relates6 and
!. $se )mmunity #tatute=prohibits the use of a witness7 compelled testimony and
its fruits in any manner in connection with the criminal prosecution of the witness.
Sec) 68, $rticle III
(1# )o %erson s0all be 3etaine3 solely by reason o5 0is %olitical belie5s an3
as%irations.
(,# )o involuntary servitu3e in any 5orm s0all exist exce%t as a %unis0ment 5or a
crime 20ereo5 t0e %arty s0all 0ave been 3uly convicte3.
Ri%t a%ainst Involuntar* Servitude
8t is a condition where one is compelled by force% coercion% or imprisonment% and
against his will% to labor for another% whether he is paid or not.
=eneral Rule: 9o involuntary servitude shall e$ist.
37ce&tions:
1. "s punishment for a crime whereof one has been duly convicted6
!. Service in defense of the State6
&. 9aval enlistment6
(. Posse commitatus6
+. eturn to wor> order in industries affected with public interest6 and
2. Patria potestas.
Sec) 6K, $rticle III
(1# Excessive 5ines s0all not be im%ose3, nor cruel, 3egra3ing or in0uman
%unis0ment in5licte3. )eit0er s0all 3eat0 %enalty be im%ose3, unless, 5or
com%elling reasons involving 0einous crimes, t0e Congress 0erea5ter
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102
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
%rovi3es 5or it. ny 3eat0 %enalty alrea3y im%ose3 s0all be re3uce3 to
reclusion %er%etua.
(,# /0e em%loyment o5 %0ysical, %syc0ological, or 3egra3ing %unis0ment against
any %risoner or 3etainee or t0e use o5 substan3ar3 or ina3e$uate %enal
5acilities un3er sub0uman con3itions s0all be 3ealt 2it0 by la2.
Proibited Punisments
'ere severity does not constitute cruel or unusual punishment. To violate
constitutional guarantee% penalty must be flagrant and plainly oppressive%
disproportionate to nature of offense as to shoc> senses of community.
Sec) 20, $rticle III
)o %erson s0all be im%risone3 5or 3ebt or nonA%ayment o5 a %oll tax.
"overa%e:
1. 3ebtany civil obligation arising from contract
!. )oll ta$a specific sum levied upon any person belonging to a certain class
without regard to property or occupation.
-" ta$ is not a debt since it is an obligation arising from law hence% its non#payment
may be validly punished with imprisonment.
Sec) 26, $rticle III
)o %erson s0all be t2ice %ut in 4eo%ar3y o5 %unis0ment 5or t0e same o55ense. .5
an act is %unis0e3 by a la2 an3 an or3inance, conviction or ac$uittal un3er eit0er
s0all constitute a bar to anot0er %rosecution 5or t0e same act.
Ri%t a%ainst 1ouble ?eo&ard*
eHuisites;
1. " valid complaint or information6
!. ?iled before competent court6
&. To which defendant has pleaded6 and
(. 3efendant was previously acHuitted or convicted or the case dismissed or
otherwise terminated without his e$press consent.
Two <!= types;
1. 9o person shall be twice put in 4eopardy of punishment for the same offense6
!. 8f an act is punished by a law and an ordinance% conviction or acHuittal under
either shall constitute a bar to another prosecution for the same act.
To substantiate a claim of double 4eopardy% the following must be proven;
1. " first 4eopardy must have attached prior to the second6
!. The second 4eopardy must be for the same offense% or the second offense
includes or is necessarily included in the offense charged in the first
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10/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
information% or is an attempt to commit the same or is a frustration thereof.
Le%al ?eo&ard* $ttaces -nl*:
1. 5pon a valid indictment6
!. Before a competent court6
&. "fter arraignment6
(. :hen a valid plea has been entered and
+. The case was dismissed or otherwise terminated without the e$press consent of
the accused.
=eneral Rule: 3ismissal of action% when made at the instance of the accused% does not
put the accused in first 4eopardy.
37ce&tions:
6) :hen ground for dismissal is insufficiency of evidence6 or
2) :hen the proceedings have been unreasonably prolonged as to violate the right
of the accused of a speedy trial.
"rimes covered:
1. Same offense6 or attempt to commit or frustration thereof or for any offense
which necessarily includes or is necessarily included in the offense charged in
original complaint or information6 and
!. :hen an act is punishable by a law and an ordinance% conviction or acHuittal
under either shall bar another prosecution for the same act.
1octrine of Su&ervenin% 3vent5prosecution for another offense if subseHuent
development changes the character of the first indictment under which he may have
already been charged or convicted.
Conviction of accused shall not bar another prosecution for an offense which
necessarily includes the offense originally charged when;
1. Braver offense developed due to supervening facts arising from the same act
or omission6
!. ?acts constituting graver offense arose or discovered only after filing of
former complaint or information6 and
&. )lea of guilty to lesser offense was made without the consent of prosecutor or
offended party.
Cabo vs. San3iganbayan, (.R. )o. 1*9;+9, Cune 1*, ,++*, for double 4eopardy to
attach% the case against the accused must have been dismissed or otherwise
terminated without his e$press consent by a court of competent 4urisdiction% upon a valid
information sufficient in form and substance and the accused pleaded to the said
charge.
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10.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1eo%le vs. 1erlita C. /riaA/irona, et al., (.R. )o. 1!+1+*, Culy 1;, ,++*, after trial on
the merits% an acHuittal is immediately final and cannot be appealed on the ground of
double 4eopardy. The only e$ception where double 4eopardy cannot be invo>ed is where
there is finding of mistrial resulting in a denial of due process.
Sec) 22, $rticle III
)o exA%ost 5acto la2 or bill o5 attain3er s0all be enacte3.
Ri%t a%ainst ExA1ost &acto Law and !ill of $ttainder
ExA1ost &acto Law5
The eHuivalent of the impairment clause in criminal matters is the prohibition
against the passage of the ex post 4acto law. This is because the ex post 4acto law% li>e
the law impairing the obligation of the contracts% operates retroactively to affect
antecedent acts. " law can never be considered ex post 4acto as long as it operates
prospectively since its structures would cover only offenses committed after and not
before its enactment. Basically% an ex post 4acto law is one that would ma>e a previous
act criminal although it was not so at the time it was committed.
Finds;
1. Law criminalizing act done before its passage6
,$ample; " law passed in 1--0 raising the age of seduction from 1. to !+
years% effective 1-.0
!. Law aggravating penalty for crime committed before passage6
,$ample; " law passed in !000 designating the crime of homicide through
rec>less imprudence as murder% effective 1--0
&. Law that changes punishment% and inflicts greater or more severe punishment
than the law anne$ed to the crime when committed6
,$ample; " law passed in !000 increasing the penalty for libel from prision
correccional to prision mayor% effective 1--0
(. Law altering legal rules of evidence and receives less or different testimony than
law reHuired at the time of commission% in order to convict accused6
,$ample; " law passed in !000 reHuiring for conviction merely preponderance
of evidence instead of proof beyond reasonable doubt% effective 1--0
+. Law assuming to regulate civil rights and remedies only% in effect imposes a
penalty of deprivation of right for something which when done was lawful6 and
,$ample; " law passed in !000 depriving professionals of the right to practice
for failure or refusal to vote% effective 1--0.
2. Law depriving accused of some lawful protection to which he had been entitled%
such a protection of a former conviction or acHuittal% or of a proclamation of
amnesty.
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10-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
,$ample; " law passed in !000 lengthening the period for prescription of
blac>mail from + to 10 years% effective 1--0.
Characteristics;
1. 8t refers to criminal matters6
!. 8t is retroactive in application6 and
&. 8t wor>s to the pre4udice of the accused.
8n the case of US vs. (omeE Colonel, 1, 10il ,"9, an information for adultery
filed by the prosecutor was dismissed by the SC on the ground that at the time of the
alleged commission of the offense% prosecution could be commenced only on complaint
of the offended spouse. 8t was held that the amendatory law permitting the prosecutor to
initiate the charge was ex post 4acto.
!ill of $ttainder5
8t is a legislative act that inflicts punishment without trial
8t is a legislative declaration of guilt
,ssential;
1. Specification of certain individuals or a group of individuals6
!. The imposition of a punishment% penal or otherwise6 and
&. Lac> of 4udicial trial.
8t substitute legislative fiat for a 4udicial determination of guilt. Thus% it is only
when a statute applies either to named individuals or to easily ascertainable members
of a group in such a way as to inflict punishment on them without 4udicial trial that it
becomes a bill of attainder.
$rticle I;
"I.IC3NS2IP
"iti#ensi&( is membership in a political community which is personal and more
or less permanent in character.
Nationalit*( is membership in any class or form of political community. Thus%
nationals may be citizens Nif member of a democratic communityO or sub4ects Nif
members of a monarchial communityO. 8t does not necessarily include the right or
privilege of e$ercising political and civil rights.
4sual modes of ac<uirin% citi#ensi&:
a. By Birth
i. 1us sanguinis#by blood
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110
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
ii. 1us soli#by birth
b. By 9aturalization
c. By 'arriage
The )hilippine law on citizenship adheres to the principle of CUS S)(U.).S.
Thereunder% a child follows the nationality or citizenship of the parents regardless of the
place of his birth% as opposed to the doctrine of CUS SBL. which determines the
nationality or citizenship on the basis of place of birth. (Valles vs. CB:ELEC, !!"
SCR ;4!#
,odes (b* birt+ a&&lied in te Pili&&ines
". Before the adoption of the 1-&+ Constitution
i) Gus #anguinis. "ll inhabitants of the islands who were Spanish sub4ects on
"pril 11% 1.--% and residing in the islands who did not declare their
intention of preserving Spanish nationality between said date and *ctober
11% 1-00% were declared citizens of the )hilippines NSec. (% )hilippine Bill
of 1-0!6 Sec. !% 1ones Law of 1-12O% and their children born after "pril 11%
1.--) (en masse 8ili&ini#ation+
ii) Gus #oli. Those declared as ?ilipino citizens by the courts are recognized
as such today% not because of the application of the jus soli principle% but
principally because of the doctrine of res judicata.
B. "fter the adoption of the 1-&+ Constitution; *nly the Gus #anguinis doctrine.
Section 6, $rticle I;5 The following are citizens of the )hilippines;
1. Those who are citizens of the )hilippines at the time of the adoption of this
Constitution6 <?ebruary !% 1-./=
!. Those whose fathers or mothers are citizens of the )hilippines6 (jus sanguinis)
&. Those born before 1anuary 1/% 1-/&% of ?ilipino mothers% who elect )hilippine
citizenship upon reaching the age of ma4ority6
(. Those who are naturalized in accordance with law.
Section 2, $rticle I;5 Natural(born citi#ens are those who are citizens of the
)hilippines from birth without having to perform any act to acHuire or perfect their
)hilippine citizenship. Those who elect )hilippine citizenship in accordance with
paragraph <&=% Section 1 hereof shall be deemed natural#born citizens.

0osalind H+asco &ope7 was +orn on >ay ;B, ;-,1 in 3ustralia, to spouses
Teles4oro H+asco, a Ailipino citi7en and native o4 (aet, amarines %orte, and Theresa
>ar9ue7, an 3ustralian. )s she a Ailipino citi7en and, there4ore, 9uali4ied to run 4or
6overnor o4 her province?
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111
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Eistorically% she was born a year before the 1-&+ Constitution too> into effect
and at that time% what served as the Constitution of the )hilippines were the organic
acts by which the 5S governed the country. These were the )hilippine Bill of 1uly 1%
1-0! and the )hilippine "utonomy "ct of "ugust !-% 1-12% also >nown as the 1ones
Law.
These laws defined who were deemed to be citizens of the )hilippine 8slands.
C$$ 5nder both organic acts% all inhabitants of the )hilippines who were Spanish
sub4ects on "pril 11% 1.-- and resided therein including their children are deemed to be
)hilippine citizens. )rivate respondent7s father% Telesforo% was born on 1anuary +% 1./-
in 3aet% Camarines 9orte% a fact duly evidenced by a certified true copy of an entry in
the registry of Births. Thus% under the )hilippine Bill of 1-0! and the 1ones Law%
Telesforo Gbasco was deemed to be a )hilippine citizen. By virtue of the same laws%
which were the law in force at the time of her birth% osalind Gbasco Lopez is li>ewise a
citizen of the )hilippines.
The signing into law of the 1-&+ Constitution has established the principle of jus
sanguinis as basis for the acHuisition of )hilippine citizenship $$$. This principle confers
citizenship by virtue of blood relationship. 8t was subseHuently retained under the 1-/&
and 1-./ Constitutions.
Thus% herein private respondent% osalind Gbasco Lopez% is a ?ilipino citizen%
having been born to a ?ilipino father. The fact of her being born in "ustralia is not
tantamount to her losing her )hilippine citizenship. 8f "ustralia follows the principle of
jus soli, then at most% private respondent can also claim "ustralian citizenship resulting
to her possession of dual citizenship. (Valles vs. CB:ELEC, !!" SCR ;4!, ugust
9, ,+++#
:aria Ceanette /ecson vs. CB:ELEC, (.R. )o. 1*14!4, :arc0 !, ,++4 <on the
controversy surrounding the citizenship of ?)1= RThe Court too> note of the fact that
Lorenzo )ou <grandfather of ?)1=% who died in 1-+( at the age of .( years of age%
would have been born sometime in 1./0% when the )hilippines was under the Spanish
rule% and that San Carlos% pangasinan% his place of residence upon his death in 1-+(% in
the absence of any other evidence% could have well been his place of residence before
death% such that Lorenzo )ou would have benefited from the @en masse ?ilipinizationA
that the )hilippine Bill of 1-0! effected. That ?ilipino citizenship of Lorenzo )ou% if
acHuired% would thereby e$tend to his son% "llan ?. )oe <father of ?)1=. .e 6K:G
"onstitution, durin% wic re%ime 8P? as seen first li%t, confers citi#ensi& to
all &ersons wose faters are 8ili&ino citi#ens re%ardless of weter suc
cildren are le%itimate or ille%itimate.
,arria%e b* 8ili&ino to an alien: Eiti7ens o4 the Philippines who marry aliens shall
retain their citi7enship, unless +y their act or omission they are deemed, under the law,
to have renounced it NSec.(% "rt. 8DO.
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11!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
ReN %%lication 5or 3mission to t0e 10ili%%ine Gar, Vicente @. C0ing, Gar :atter
)o. 914, Bctober 1, 19995 Dicente Ching% a legitimate child% having been born on
"pril 11% 1-2( of ?ilipino mother and an alien father% was already &+ years old when he
complied with the reHuirements of C" 2!+ on 1une 1+% 1---% or over 1( years after he
had reached the age of ma4ority. By any reasonable yardstic>% Ching7s election was
clearly beyond the allowable period within which to e$ercise the privilege. "ll his acts
<passing the C)" and Bar ,$ams= cannot vest in him citizenship as the law gives him
the reHuirement for election of ?ilipino citizenship which he did not comply with. <Ee was
not allowed to ta>e the Lawyer7s *ath=
The proper period for electing )hilippine citizenship was% in turn% based on the
pronouncements of the 3epartment of State of the 5S government to the effect that the
election should be made within a @reasonable timeA after attaining the age of ma4ority.
The phrase @reasonable timeA has been interpreted to mean that the election should be
made within three <&= years from reaching the age of ma4ority e7ce&t when there is
4ustifiable reason to delay.
The span of 1( years that lapsed from the time he reached !1 until he finally
e$pressed his intention to elect )hilippine citizenship is clearly way beyond the
contemplation of the reHuirement of electing @upon reaching the age of ma4orityA.
X<8f his parents were not married% he will follow the citizenship of his mother and he need not elect )hilippine citizenship. =
Caram %rovision. Those born in the )hilippines of foreign parents who% before the
adoption of the 1-&+ Constitution% had been elected to public office in the 8slands are
considered citizens of the )hilippines. 8n C0iongbian vs. 3e Leon, the SC held that the
right acHuired by virtue of this provision is transmissible.
e; 1-/& Constitution; Those whose mothers are citi7ens o4 the Philippines. )rovision is
prospective in application6 to benefit only those born on or after 1anuary 1/% 1-/& <date
of effectivity of 1-/& Constitution=.
- 8f born before 1anuary 1/% 1-/&% of ?ilipino mothers% the person must elect )hilippine
citizenship upon reaching the age of ma4ority. N/itin reasonable timeY& years e7ce&t
when there is 4ustifiable reason to delayO
Procedure for election of Pili&&ine citi#ensi&:
1. ,lection is e7&ressed in a statement to be si%ned and sworn to by the party
concerned before any official authorized to administer oaths.
!. Statement to be filed with the nearest Civil egistry accom&anied wit te
-at of $lle%iance to the Constitution and the Bovernment of the )hilippines
NSec. 1% C" 2!+O.
Those whose 4athers or mothers are citi7ens o4 the Philippines)rospective
application% consistent with the 1-/& Constitution.
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11&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
-The right to elect )hilippine citizenship is an inchoate right6 during his minority% the
child is an alien LVilla0ermosa vs. Commissioner o5 .mmigration <+ 10il. ;41M.
-The constitutional and statutory reHuirements of electing ?ilipino citizenship apply only
to legitimate children. 8n Re%ublic vs. C0ule Lim, (.R. )o. 1;!<<!, Canuary 1!, ,++4,
it was held that the respondent% who was concededly an illegitimate child considering
that her Chinese father and ?ilipino mother were never married% is not reHuired to
comply with said constitutional and statutory reHuirements. Being an illegitimate child of
a ?ilipino mother% respondent became a ?ilipino upon birth. ecord shows that
respondent elected ?ilipino citizenship when she reached the age of ma4ority. She
registered as a voter in 'isamis *riental when she was 1. years old. The exercise o4
the right o4 su44rage and the participation in election exercises constitute a positive act
o4 electing Philippine citi7enship.
Naturali#ed citi#ens are those who have become ?ilipino citizens through
naturalization% generally under C" 9o. (/&% otherwise >nown as the evised
9aturalization Law% which repealed the former 9aturalization Law <"ct 9o. !-!/=% and
by " +&0.
To be naturalized% an applicant has to prove that he possesses all the Hualifications and
none of the disHualifications provided by law to become a ?ilipino citizen. The decision
granting )hilippine citizenship becomes e$ecutor only after ! years from its
promulgation when the court is satisfied that during the intervening period% the applicant;
1. Eas not left the )hilippines6
!. Eas dedicated himself to a lawful calling or profession6
&. Eas not been convicted of any offense or violation of government
promulgated rules6 or
(. Eas not committed any act pre4udicial to the interest of the nation or contrary
to any government announced policies. NSec. 1% " +&0O (GengEon ... vs.
'RE/, (.R. )o. 14,<4+, may ", ,++1#
9ualifications tat must be &ossessed b* an a&&licant:
1. Ee must be not less than !1 years of age on the day of the hearing of petition6
!. Ee must have resided in the )hilippines for a continuous period of not less than
10 years6 may be reduced to + years if;
a. he honorably held office in Bovernment6
b. Ee established a new industry or introduced a useful invention in the
)hilippines6
c. Ee is married to a ?ilipino woman6
d. Eas been engaged as a teacher in the )hilippines <in a public or private
school not established for the e$clusive instruction of persons of a
particular nationality or race= or in any of the branches of education or
industry for a period of not less than ! year6 or
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11(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
e. Ee was born in the )hilippines
&. Ee must be of B'C and believes in the principles underlying the )hilippine
Constitution% and must have conducted himself in a proper and irreproachable
manner during the entire period of his residence in the )hilippines in his relation
with the constituted government as well as with the community in which he is
living6
(. Ee must own real estate in the )hilippines worth not less than )+%000.00%
)hilippine currency% or must have some >nown lucrative trade% profession or
lawful occupation6
+. Ee must be able to write and spea> ,nglish or Spanish and any of the principal
languages6 and
2. Ee must have enrolled his minor children of school age% in any of the public
schools or private schools recognized by the Bureau of private Schools of the
)hilippines where )hilippine history% government and civic are taught or
prescribed as part of the school curriculum% during the entire period of the
residence in the )hilippines reHuired of him prior to the hearing of his petition for
naturalization as ?ilipino citizen. (GengEon ... vs. 'RE/, (.R. )o. 14,<4+, may
", ,++1#
1is<ualifications:
1. Those opposed to organized government or affiliated with any association or
group of persons who uphold and teach doctrines opposing all organized
governments6
!. Those defending or teaching the necessity or propriety of violence% personal
assault or assassination for the success of predominance of their ideas6
&. )olygamists or believers of polygamy6
(. Those convicted of a crime involving moral turpitude6
+. Those suffering from mental alienation or incurable contagious disease6
2. Those who% during the period of their residence in the )hilippines have not
mingled socially with the ?ilipinos% or who have not evinced a sincere desire to
learn and embrace the customs% traditions and ideals of ?ilipinos6
/. Those citizens or sub4ects of nations with whom the )hilippines is at war% during
the period of such war6
.. Those citizens or sub4ects of a foreign country whose laws do not grant ?ilipinos
the right to become naturalized citizens or sub4ects thereof.
Procedure:
1. ?iling of declaration of intention# 1 year prior to the filing of the )etition with the
*SB
Persons e7em&t from filin% declaration of intention ;
a. Those born in the )hilippines and received their primary and secondary
education in public or private schools recognized by the Bovernment and
not limited to any race or nationality6
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11+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
b. Those resided in the )hilippines for &0 years or more before the filing of
the petition% and enrolled their children in elementary and ES recognized
by the government and not limited to any race or nationality6
c. Those widows and minor children of aliens who have declared their
intention to become citizens of the )hilippines and die before they are
actually naturalized.
!. ?iling of the )etition% accompanied by the affidavit of ! credible persons% citizens
of the )hilippines% who personally >now the petitioner% as character witness6
&. )ublication of the )etition in the *.B. or in a newspaper of general circulation
once a wee> for & consecutive wee>s. ?ailure to comply is fatal) (1o -o Gi vs.
Re%ublic, ,+; SCR 4++#
(. "ctual residence in the )hilippines during the entire proceedings.
+. Eearing of the )etition.
2. )romulgation of the decision.
/. Eearing after ! years. 3uring the !#year probation period% applicant has;
a. 9ot left the )hilippines6
b. 3edicated himself continuously to a lawful calling or profession6
c. 9ot been convicted of any offense or violation of rules6 and
d. 9ot committed an act pre4udicial to the interest of the nation or contrary to any
government#announced policies.
.. *ath ta>ing and issuance of Certificate of 9aturalization.
,odes of Naturali#ation:
1. 38,CT # through;
d. 1udicial or administrative proceedings# e.g. R$ K6:K .e $dministrative
Naturali#ation Law of 2000grants )hilippine citizenship to aliens born
and residing in the )hilippines
e. Special act of legislature# this is discretionary on Congress6 usually
conferred on an alien who has made an outstanding contribution to the
country
f. Collective change of nationality% as a result of cessation or sub4ugation
g. Some cases% by adoption of orphan minors as nationals of the State
where they are born
!. 3,8D"T8D, #Citizenship conferred on;
a. :ife of naturalized husband6
b. 'inor children of naturalized person6
c. "lien woman upon marriage to a national.
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112
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
E3ison So vs. R1, (.R. )o. 1"+*+!, Canuary ,9, ,++"F9aturalization signifies the
act of formally adopting a foreigner into the political body of a nation by clothing him or
her with privileges of a citizen. 5nder current and e$isting laws% there are & ways by
which an alien may become a citizen by naturalization;
a. "dministrative naturalization pursuant to " -1&-6
b. 1udicial naturalization pursuant to C" 9o. (/&% as amendedcovers all aliens
regardless of class6 and
c. Legislative naturalization in the form of a law enacted by Congress bestowing
)hilippine citizenship to an alien.
8t is the burden of the applicant to prove not only his own good moral character
but also the good moral character of hisIher witnesses% who must be credible persons.
" naturalization proceeding is nota 4udicial adversary proceeding% and the decision
rendered therein does not constitute res 4udicata. " certificate of naturalization may be
cancelled if it is subseHuently discovered that the applicant obtained it by misleadintg
the court upon any material fact.
R$ K6:K5not all aliens may avail of this remedy. *nly native born aliens who have
been residing here in the )hilippines all their lives% who never saw any other country
and all along thought that they were ?ilipinos6 who have demonstrated love and loyalty
to the )hilippines% and affinity to the customs and traditions of the ?ilipinos.
Naturali#ation Re&atriation
#mode for both acHuisition and
reacHuisition of citizenship
#governed by C" (/& <for acHuisition= and
C" 2& <for reacHuisition=
#consists a lengthy process
#mode for reacHuisition for those who lost
their citizenship
#governed by various statutes
#consists of ta>ing of an oath of allegiance
to the ) and registering said oath in the
LC of the place where the person
concerned resides or last resided
3ffects of Naturali#ation:
1. Dests citizenship on wife if she herself may be lawfully naturalized6 <She need not
go through the naturalization process6 if she doesn7t suffer from any disHualification% no need to
prove the Hualifications=
!. 'inor children born in the )hilippines before the naturalization shall be
considered citizens of the )hilippines6
&. 'inor children born outside the )hilippines who were residing in the )hilippines
at the time of naturalization shall be considered ?ilipino citizens.
(. 'inor children born outside the )hilippines before parent7s naturalization shall be
considered ?ilipino citizens only during minority% unless they begin to reside
permanently in the )hilippines6
+. Child born outside the )hilippines after parent7s naturalization shall be
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11/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
considered ?ilipino citizen% provided that he registers as such before any
)hilippine consulate within one year after attaining ma4ority age% and ta>es his
oath of allegiance.
1enaturali#ation
Brounds;
1. 9aturalization certificate was obtained fraudulently or illegally6
!. :ithin + years% he returns to his native country or to some foreign country and
establishes residence there6
-)rima ?acie evidence of intent to ta>e up residence;
a. 9ative country# 1#year stay
b. ?oreign country# !#year stay
&. )etition was made on an invalid declaration of intent6
(. 'inor children failed to graduate through the fault of the parents either by
neglecting to support them or by transferring them to another school6
+. "llowed himself to be used as a dummy6
8n Re%ublic vs. (uy, 11; SCR ,44, although misconduct was committed after the !#
year probationary period% conviction of per4ury and rape was held to be valid ground for
denaturalization.
3ffects of 1enaturali#ation:
1. 8f the ground affects the intrinsic validity of the proceedings% denaturalization
shall divest the wife and children of their derivative naturalization6
!. 8f the ground was personal to the denaturalized person% his wife and children
shall retain their )hilippine citizenship.
Polic* a%ainst 1ual $lle%iance ; 5(ual allegiance o4 citi7ens is inimical to the national
interest and shall +e dealt with +y law I#ec. J, 3rt. )*K.
The phrase @dual citizenshipA in " /120% Section (0<d= LBC must be
understood as referring to @dual allegianceA. ConseHuently% persons with mere dual
citizenship do not fall under this disHualification. 5nli>e those with dual allegiance% who
must be sub4ect to strict process with respect to the termination of their status% for
candidates with dual citizenship% it should suffice if% upon filing of their Certificates of
Candidacy <C*C=% they elect )hilippine citizenship to terminate their status as persons
with dual citizenship considering that their condition is the unavoidable conseHuence of
conflicting laws of different states.
By electing )hilippine citizenship% such candidates at the same time% forswear
allegiance to the other country of which they are also citizens and thereby terminate
their status as dual citizens. )t may +e that, 4rom the point o4 view o4 the 4oreign state
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11.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
and o4 its laws, such an individual has not e44ectively renounced his 4oreign citi7enship.
That is o4 no moment.
The filing of a C*C suffices to renounce foreign citizenship% effectively removing
any disHualification as dual citizen. This is so because in the C*C% one declares that he
is a ?ilipino citizen and that he will support and defend the Constitution and will maintain
true faith and allegiance to the same. Such declaration under oath operates as an
effective renunciation of foreign citizenship. 8n this case% the Court adopted the liberal
interpretation of the rule. 'anzano is not really prohibited to run due to dual citizenship.
3ual allegiance is the one prohibited. 3ual citizenship referred to under Section (0 <d=
of the Local Bovernment Code refers to dual allegiance under Section + of "rticle 8D of
the 1-./ Constitution.L:erca3o vs. :anEano, !+" SCR *!+, :ay ,*, 1999M
Section G, $rticle I;5(ual allegiance o4 citi7ens is inimical to the national interest and
shall +e dealt with +y law.
This section is not a self#e$ecuting law. 8t needs an implementing law.
Section I0 (d+, L="5@is$uali5ications.FThe 4ollowing persons are dis9uali4ied 4rom
running 4rom any elective local election@
x x x
(d) Those with dual citi7enship.
x x x.
The provision prohibits dual citizenship but the Supreme Court ruled that it refers to
prohibition on dual allegiance.
1octrine of IN13LI!L3 $LL3=I$N"3: an individual may be compelled to retain his
original nationality even if he has already renounced or forfeited it under the laws of the
second State whose nationality he has acHuired.
1ual "iti#ensi& 1ual $lle%iance
arises as a result of the concurrent
application of the different laws of ! or
more states% a person is simultaneously
considered as a national of said states
involuntary
refers to a situation in which a person
simultaneously owes% by some positive
act% loyalty to ! or more states
voluntary
Calilung vs. @atumanong, (.R. )o. 1*+<*9, :ay 11, ,++", what " -!!+ does is
allow dual citizenship to natural#born citizens who have lost their )hilippine citizenship
by reason of their naturalization as citizens of a foreign country. *n its face% it does not
recognize dual allegiance. By swearing to the supreme authority of the epublic% the
person implicitly renounces its foreign citizenship. )lainly% from Section &% " -!!+
stayed clear out of the problem of dual allegiance and shifted the burden of confronting
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11-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
the issue of whether or not there is dual allegiance to the concerned foreign country.
:hat happens to the other citizenship was not made a concern of " -!!+.
Instances wen a citi#en of te Pili&&ines ma* &ossess dual citi#ensi&:
1. Those born of ?ilipino fathers andIor mothers in foreign countries which follow
the principle of jus soli6
!. Those born in the )hilippines of ?ilipino mothers and alien fathers if by the laws
of their father7s country such children are citizens of that country6
&. Those who marry aliens if by the laws of the latter7s country the former are
considered citizens% unless by their act or omission they are deemed to have
renounced )hilippine citizenship. L:erca3o vs. :anEano, !+" SCR *!+, :ay
,*, 1999M
Res 4u3icata in cases involvin% citi#ensi&:
Beneral ule; 8t does not apply to Huestions of citizenship.
,$ception; 8n Gurca vs. Re%ublic, ;1 SCR ,4<, an e$ception to the general rule was
recognized provided the following must be present;
1. " person7s citizenship be raised as a material issue in a controversy where
said person is a party6
!. The Solicitor general or his authorized representative too> active part in the
resolution thereof6 and
&. The finding on citizenship is affirmed by SC.
"lthough the B was set forth in the case of >oy Ha &im Hao% the case did not
foreclose the weight of prior rulings on citizenship. 8t elucidated that reliance may
somehow be placed on these antecedent official findings% though not really binding% to
ma>e the effort easier or simpler. (Valles vs. CB:ELEC, !!" SCR ;4!, ugust 9,
,+++#.
Loss and Reac<uisition of Pili&&ine "iti#ensi&
$) Loss of citi#ensi&:
6) !* naturali#ation in a forei%n countr* (&rival3o vs. CB:ELEC, 1"4 SCR
,4;) Eowever% this was modified by R$ K22G5$n $ct ,akin% te "iti#ensi&
of Pili&&ine "iti#ens /o $c<uire 8orei%n "iti#ensi& Permanent
September 1+% !00& which declares the policy of the State that all )hilippine
citizens who become citizens of another country shall be deemed to have lost
their )hilippine citizenship under the conditions of this "ct.
They may reacHuire )hilippine citizenship by ta>ing the oath of allegiance
Those ?ilipino citizens who% after the effectivity of " -!!+% become
citizens of a foreign country% may reacHuire )hilippine citizenship upon
ta>ing the oath of allegiance
5nmarried child% whether legitimate% illegitimate or adopted% below 1.
years of age% of those who reacHuire their )hilippine citizenship upon the
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1!0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
effectivity of " -!!+ shall be deemed citizens of the )hilippines.
Those who reacHuire or retain )hilippine citizenship under this "ct shall
en4oy full civil and political rights and be sub4ect to all attendant liabilities
and responsibilities under e$isting laws of the )hilippines and the following
conditions;
o 'eet the reHuirements of " -1.-% The *verseas "bsentee Doting
"ct of !00&% and other e$isting laws
o ?or those see>ing elective public office and appointive office% meet
the Hualifications% ma>e personal and sworn renunciation%
subscribe and swear to an oath of allegiance to the )
o ?or those intending to practice their profession% apply with the
proper authority for a license or permit to engage in such practice
!. !* e7&ress renunciation of citi#ensi&
Conscious% voluntary and intelligent renunciation
Labo vs. CB:ELEC, 1"* SCR 1, Labo lost ?ilipino citizenship because
he e$pressly renounced allegiance to the )hilippines when he applied for
"ustralian citizenship.
,$press renunciation means a renunciation made >nown distinctly and
e$plicitly% and not left to inference or implication.
'ere registration of alien in B83 and mere possession of foreign passport
do not constitute effective renunciation. (Valles vs. CB:ELEC#
8n 8illie -u vs. @e5ensorASantiago, 1*9 SCR !*4, obtaining a
)ortuguese passport and signing commercial documents as a )ortuguese
were construed as renunciation of )hilippine citizenship.
&. !* subscribin% to an oat of alle%iance to support the Constitution or laws of a
foreign country upon attaining the age of !16 provided% however% that a ?ilipino
may not divest himself of )hilippine citizenship in this manner while ) is at war
wit an* countr*) Qan application of the principle of 8ndelible "llegiance.by
virtue of " -!!+
(. !* renderin% service to or acce&tin% commission in te armed forces of a
forei%n countr* 3D"3P.:
8f ) has a defensive andIor offensive pact of alliance with the said
foreign country6 and
The said foreign country maintains armed forces in )hilippine territory with
the consent of )
+. !* cancellation of te certificate of naturali#ation
2. !* avin% been declared b* com&etent autorit* a deserter of te
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1!1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Pili&&ine armed forces in time of war 4NL3SS subseHuently% a plenary
pardon or amnesty has been granted.
!) Reac<uisition of citi#ensi&:
1. 5nder " -!!+% by ta>ing an oath of allegiance
!. By naturalization
&. By repatriation
(. By direct act of Congress
3ffect of re&atriation:
8t allows the person to recover or return to% his original status before he lost his
)hilippine citizenship. Thus% the respondent% a former natural#born ?ilipino citizen who
lost his )hilippine citizenship when he enlisted in the 5S 'arine Corps% was deemed to
have recovered his natural#born status when he reacHuired ?ilipino citizenship through
repatriation. (GengEon ... vs. 'RE/, (.R. )o. 14,<4+, :ay ", ,++1#
Coevanie rellano /abasa vs. C, (.R. )o. 1,;"9!, ugust ,9, ,++*, the only
persons entitled to repatriation under " .1/1 are the following; a= ?ilipino women who
lost their )hilippine citizenship by marriage to aliens6 and b= 9atural#born ?ilipinos
including their minor children who lost their )hilippine citizenship on account of political
or economic necessity.
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1!!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$rticle ;
S 4 8 8 R $ = 3
Section 6
Su55rage may be exercise3 by all citiEens o5 t0e 10ili%%ines not ot0er2ise
3is$uali5ie3 by la2, 20o are at least eig0teen (1<# years o5 age, an3 20o s0all
0ave resi3e3 in t0e 10ili%%ines 5or at least one year an3 in t0e %lace 20erein t0ey
%ro%ose to vote 5or at least six mont0s imme3iately %rece3ing t0e election. )o
literacy, %ro%erty, or ot0er substantive re$uirement s0all be im%ose3 on t0e
exercise o5 su55rage.
Section 2
/0e Congress s0all %rovi3e a system 5or securing t0e secrecy an3 sanctity o5 t0e
ballots as 2ell as a system 5or absentee voting by $uali5ie3 &ili%inos abroa3.
/0e Congress s0all also 3esign a %roce3ure 5or t0e 3isable3 an3 illiterates to
vote 2it0out t0e assistance o5 ot0er %ersons. Until t0en, t0ey s0all be allo2e3 to
vote un3er existing la2s an3 suc0 rules as t0e Commission on Elections may
%romulgate to %rotect t0e secrecy o5 t0e ballot.
Ri%t of Suffra%e5
ight to vote in election of officers chosen by people and in the determination of
Huestions submitted to people.
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1!&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
3L3".I-N5is the embodiment of the popular will% the e$pression of the sovereign
power of the people.
8t is the means by which the people choose their officials for a definite and fi$ed
period and to whom they entrust for the time being the e$ercise of the powers of
government.
Finds;
1. ,B5L" ,L,CT8*9refers to an election participated in by those who
possess the right of suffrage and not disHualified by law and who are registered
voters. 8t is the election of officers either nationwide or in certain subdivisions
thereof% after e$piration of full term of the former members.
a. 9ational ,lection
i. for )resident and D)every 2 years
ii. for Senatorsevery & years
1aras vs. CB:ELEC, (.R. )o. 1,!1*9, )ovember 4, 199*, the SF ,lection is
not a regular election because the latter is participated in by youth with ages ranging
from 1+#1.% as per " -12(% some of whom are not Hualified voters to elect local or
national elective officials.
b. Local ,lections
i. ?or 'embers of E*
ii. )arty#List epresentatives
iii. )rovincial *fficials ,very & years from the
!
nd

iv. City *fficials 'onday of 'ay 1--!
v. 'unicipal *fficials
c. Barangay ,lections every & years after 1uly !00! to be held on the last
'onday of *ctober% synchronized with the SF elections
d. "' ,lections
i. ?or egional Bovernor
ii. egional Dice Bovernor ,very & years from 'arch 1--&
iii. egional "ssemblymen
e. Sanggguniang Fabataan <SF= ,lections ## every & years after 1uly !00! to
be held on the last 'onday of *ctober% synchronized with the Barangay
elections
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1!(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!. S),C8"L ,L,CT8*9when there is a failure of election on the scheduled date
of regular election in a particular place or which is conducted to fill up certain
vacancies% as provided by law. This is being held to fill any vacancy in an office
before the e$piration of the full term for which the incumbent was elected.
a. )lebiscite electoral process by which an initiative on the Constitution is
approved or re4ected by the people.
b. 8nitiative power of the people to propose amendments to the Constitution
or to propose and enact legislations through election called for the
purpose
i. 8nitiative on the Constitution
ii. 8nitiative on Statutes
iii. 8nitiative on Local Legislation
c. eferendum power of the electorate to approve or re4ect a piece of
legislation through an election called for the purpose.
i. eferendum on Statutes
ii. eferendum on Local Laws
d. ecall mode of removal of an elective public officer by the people before
the end of his term of office
"om&onents:
Choice or selection of candidates to public office by popular vote
Conduct of the polls
Listing of voters
Eolding of electoral campaign
"ct of casting and receiving the ballots from the voters
Counting he ballots
'a>ing election returns
)roclaiming the winning candidates
"-,,ISSI-N -N 3L3".I-N ("-,3L3"+
The C*',L,C is an independent constitutional body charged with the e$clusive
power to administer and enforce laws and regulations relative to the conduct of
elections and other political e$ercises% such as plebiscites% initiatives% referenda and
recalls.
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1!+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The periodic political e$ercises give meaning to the declaration in the
Constitution that% @sovereignty resides in the people and all government authority
emanates from them.A
)owers and ?unctions;
1. ,nforce and administer all laws and regulations relative to the conduct of an
election% plebiscite% referendum% initiative and recall.
!. ,$ercise
a. 37clusive ori%inal Burisdiction over all contests relating to the elections%
returns% and Hualifications of all elective provincial and city officials6
b. $&&ellate Burisdiction over all contests involving
i. ,lective municipal officials decided by the trial courts of general
4urisdiction
ii. ,lective barangay officials decided by the trial courts of limited
4urisdiction
-3ecisions% final orders% or ruling of the C*',L,C on election contests
involving elective municipal and barangay offices shall be final and e7ecutor*%
and not a&&ealable)
&. 3ecide% e$cept those involving the right to vote% all Huestions affecting elections%
including determination of the number and location of polling places% appointment
of election officials and inspectors% and registration of voters.
(. 3eputize% with the concurrence of the )resident% law enforcement agencies and
instrumentalities of the government% including the "?) for the e$clusive purpose
of ensuring free% orderly% honest% peaceful% and credible elections.
+. egistration of political parties% organization% or coalitionIaccreditation of citizens7
arms of the C*',L,C.
2. ?ile% upon verified complaint% or on its own initiative% petitions in court for the
inclusion or e$clusion of voters% investigate and where appropriate% prosecute
cases for violations of election laws% including acts or omissions constituting
election frauds% offenses and malpractices.
/. ecommend to Congress effective measures to minimize election spending%
including limitation of places where propaganda materials shall be posted% and to
prevent and penalize all forms of election frauds% offenses% malpractices% and
nuisance candidacies.
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1!2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
.. ecommend to the )resident the removal of any officer or employee it has
deputized% or the imposition of any other disciplinary action% for violation or
disregard of% or disobedience to it.
-. Submit to the )resident and Congress a comprehensive report on the conduct of
each election% plebiscites% initiative% referendum% or recall.
P-LI.I"$L P$R.>5
" political party is any organized group of citizens advocating an ideology or
platform% principles and policies for the general conduct of government and which% as
the most immediate means of securing their adoption% regularly nominates and supports
certain of its leaders and members as candidate in public office.
To acHuire 4uridical personality and to entitle it to rights and privileges granted to
political arties% it must be registered with C*',L,C.
Part*(List S*stem $ct (R$ JKI6+
<See 3iscussions under the Legislative 3epartment=
;-.3RS5
Pualifications;
1. ?ilipino citizen
!. "t least 1. years of age on the day of the election
&. esident of the )hilippines for at least one year immediately before the election
(. esident of the cityImunicipality wherein he proposes to vote for at least 2
months immediately preceding the election
+. 9ot otherwise disHualified by law
eHuisites of "cHuisition of 3omicile by Choice
1. esidence or bodily presence in the new locality6
!. "n intention to remain there6 and
&. "n intention to abandon the old residence.
$uino vs. CB:ELEC, ,4< SCR 4++, the meaning and purpose of residency
reHuirementthe place where a party actually or constructively has his permanent
home% where he% no matter where he may be found at any given time% eventually
intends to return and remain% i.e.% his domicile% is that to which the constitution refers
when it spea>s of residence for the purposes of election law.
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1!/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8n :arcita :amba 1ereE vs. CB:ELEC, (.R. )o. 1!!944, Bctober ,<, 1999, the fact
that a person is registered as a voter in one district is not proof that he is not domiciled
in another district. Thus% in &ay%on vs. Kuirino, the SC held that the registration of a
voter in a place other than his residence of origin is not sufficient to consider him to
have abandoned or lost his residence.
3isHualifications;
6) Sentence by final 4udgment to suffer imprisonment for not less than one year%
unless pardoned or granted amnesty6 but right is reacHuired before e$piration of
+ years after service of sentence
2) Conviction by final 4udgment of any of the following crimes;
a. Crime involving disloyalty to the government
b. any crime against national security
c. ?irearms laws
But right is reacHuired before e$piration of + years after service of sentence.
:) 8nsanity or incompetence declared by competent authority (Section 68, -3"+
R3=IS.R$.I-N5
8t refers to the act of accomplishing and filing a sworn application for registration
by a Hualified voter before the election officer of the city or municipality wherein he
resides and including the same in the boo> of registered voters upon approval of the
,lection egistration Board <,B=.
egistration does not confer the right to vote6 it is but a condition precedent to
the e$ercise of the right. egistration is a regulation% not a Hualification. (-ra vs. bano, ;,
10il !<+#
VoterJs Registration ct o5 199* (R <1<9#F(eneral Registration o5 Voters
"ontinuin% Re%istration5the personal filing of application of registration of voters
shall be conducted daily in the office of the ,lection *fficer during regular office hours.
egistration shall be conducted everyday e$cept 1!0 days before a regular election and
-0 days before election <Sec. .% " .1.-=
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1!.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8n the case of ?bayan -out0 vs. CB:ELEC, (.R. )o. 14"+**, :arc0 ,*,
,++1, the SC upheld the C*',L,C7s denial of the reHuest for two <!= additional
registration days in order to enfranchise more than ( million youth who failed to register
on or before 3ecember !/% !000. 8t is an accepted doctrine in administrative law that
the determination of administrative agencies as to the operation% implementation and
application of law is accorded great weight% considering that these specialized
government bodies are% by their nature and functions% in the best position to >now what
they can possibly do or not do under prevailing circumstances.
Petition for Inclusion <Sec. &(% " .1.-= and 37clusion <Sec. &+% " .1.-= of ;oters in
te List
6) ?urisdiction
a) ,."5original and e$clusive
b) R."5appellate 4urisdiction
c) S"5appellate 4urisdiction over TC on Huestion of law
2) Petitioner
a) Inclusion
)rivate person whose application was disapproved by the ,B or
whose name was stric>en out from the list of voters
C*',L,C
b) 37clusion
"ny registered voter in the city or municipality
epresentative of political party
,lection officer
C*',L,C
:) Period of 8ilin%
a) Inclusion5any day e$cept 10+ days before regular election or /+ days
before a special election
b) 37clusion5anytime e$cept 100 days before a regular election or 2+ days
before a special election
$nnulment of !ook of ;oters
1. 5pon verified complaint of any voter% election officer or registered political party
or motu proprio% the C*',L,C may annul the list of voters which was not
prepared in accordance with " .1.- or whose preparation was affected with
fraud% bribery% forgery% impersonation% intimidation% force or other similar
irregularity or is statistically improbable.
!. 9o list of voters shall be annulled -0 days before an election.
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1!-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Ututalum vs. CB:ELEC, 1<1 SCR !!;, annulment of the list of voters shall
not constitute a ground for a pre#proclamation contest.
-verseas $bsentee ;otin% $ct of 200: (R$ K68K+
$bsentee ;otin%5process by which Hualified citizens of the )hilippines abroad
e$ercise their right to vote pursuant to the constitutional mandate that Congress shall
provide a system for absentee voting by Hualified ?ilipinos abroad<Sec. &a% " -1.-
and Section !% "rticle D of the Constitution=
-8t is an e$ception to the 2#monthI1#year residency reHuirement.
-verseas $bsentee ;oter5citizens of the )hilippines who is Hualified to register and
vote under this "ct% not otherwise disHualified by law% who is abroad on the day of
election
"overa%e: "ll citizens of the )hilippines abroad% who are not otherwise disHualified by
law at least 1. years of age on the day of elections% may vote for )resident% D)%
Senators and )arty#List epresentatives. <Sec. (=
1is<ualifications:
1. Those who have lost their ?ilipino citizenship in accordance with )hilippine laws6
!. Those who have e$pressly renounces their )hilippine citizenship and who have
pledged their allegiance to a foreign country6
&. Those who have committed and are convicted in a final 4udgment by a court or
tribunal of an offense punishable by imprisonment of not less than 1 year%
including those who have committed and been found guilty of disloyalty% such
disability not having been removed by plenary pardon or amnesty. )rovided
however% that any person disHualified to vote under this subsection shall
automatically acHuire the right to vote upon e$piration of + years after service of
sentence6
(. "n immigrant or a permanent resident who is recognized as such in the host
country% unless he e$ecutes% upon registration% an affidavit for the purpose by the
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1&0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
C*',L,C declaring that he shall resume actual physical residence not later
than & years from approval of his registration. Such affidavit shall also state that
he has not applied for citizenship in another country6 and
+. "ny citizen of the )hilippines abroad previously declared insane or incompetent
by competent authority in the )hilippines or abroad% as verified by )hilippine
embassies% consulate or foreign service establishment concerned.
Re<uirements for re%istration:
1. Dalid passport
!. "ccomplished registration form containing the following information;
a. Last >nown residence of the applicant in the )hilippines before leaving for
abroad6
b. "ddress of applicant abroad or forwarding address in the case of
seafarers6
c. :here voting by mail is allowed% the applicant7s mailing address outside
the )hilippines6 and
d. 9ame and address of applicant7s authorized representative in the
)hilippines)
-8n case of immigrants and permanent residents not otherwise disHualified to vote% an
affidavit declaring the intention to resume actual physical permanent residence in the
)hilippines not later than & years after approval of his registration.
:a?alintal vs. CB:ELEC, (.R. )o. 1;"+1!, Culy 1+, ,++!% Section 1..+ of "
-1.-% insofar as it grants sweeping authority to the C*',L,C to proclaim all winning
candidates% it is unconstitutional as it is repugnant to Section ( of "rticle D88 of the
Constitution% which vest in Congress the authority to proclaim the winning )residential
or Dice#)residential candidates.
"$N1I1$.3S5
P5"L8?8C"T8*9Scontinuing reHuirements and must be possessed for the duration of
the officer7s active tenure. *nce any of the reHuired Hualification is lost% his title to the
office may be seasonably changed. (&rival3o vs. CB:ELEC, 1"4 SCR ,4;#
38SP5"L8?8,3 C"9383"T,S
5nder *mnibus ,lection Code <B) ..1=
1. "ny person declared by competent authority as insane or incompetent
Removal of 19: declaration of removal of 3P by competent authority
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1&1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!. "ny person sentenced by final 4udgment for any of the following offenses;
a. Subversion% insurrection or rebellion
b. *ffense for which he was sentenced to penalty of more than 1. months
c. Crime involving moral turpitude
Villaber vs. CB:ELEC, (.R. )o. 14<!,*, )ovember 1;, ,++1, violation of B)
!! is a crime involving moral turpitude% because the accused >nows at the time of the
issuance of the chec> that he does not have sufficient funds in% or credit with% the
drawee ban> for the payment of the chec> in full upon presentment. " conviction thereof
shows that the accused is guilty of deceit% and certainly relates to and affects the good
moral character of the person.
@ela /orre vs. CB:ELEC, ,;< SCR 4<!, violation of the "nti#?encing Law
involves moral turpitude% and the only legal effect of probation is to suspend the
implementation of the sentence. Thus% the disHualification still subsists.
Removal of 19: plenary pardon% amnesty% lapse of + years after service of
sentence
&. " permanent resident to or immigrant to a foreign country unless he waives such
status (-3", Sections 62 and H8+
8n the case of Caasi vs. CB:ELEC, 191 SCR ,,9, the SC said that a @green
cardA is ample proof that the holder thereof is a permanent resident of% or immigrant to%
the 5nited States.
(. *ne who has violated provisions on;
a. Campaign period6
b. emoval% destruction of lawful election propaganda6
c. )rohibited forms of propaganda6
d. egulation of propaganda through mass media6 and
e. ,lection offenses.
8n 1ang?at Laguna vs. CB:ELEC, (.R. )o. 14<+";, &ebruary 4, ,++,, the
acts of Laguna Bovernor Lazaro in ordering the purchase of trophies% bas>etballs%
volleyballs% chessboard sets% and the distribution of medals and pins to various schools%
did not constitute a violation of Section .0 on premature campaigning. espondent
Lazaro was not in any way directly or indirectly soliciting votes6 she was merely
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
performing the duties and tas>s imposed upon her by law% which duties she had sworn
to perform as Bovernor of Laguna.
Co3illa vs. @e Venecia, (.R. )o. 1;+*+;, @ecember 1+, ,++,, when a
candidate has not yet been disHualified by final 4udgment during the election day and
was voted for% the votes cast in his favor cannot be declared stray. To do so would
amount to disenfranchising the electorate in whom sovereignty resides.
5nder Local Bovernment Code (R$ J6H0+
1. Those sentenced by final 4udgment for an offense involving moral turpitude or an
offense punishable by imprisonment for at least 1 year% within ! years after
service of sentence6
!. Those removed from office as a result of an administrative case6
Reyes vs. CB:ELEC, ,;4 SCR ;14, the 'ayor who had been ordered
removed from office by the Sangguniang )anlalawigan% was disHualified% even as he
alleged that the decision was not yet final because he had not yet received a copy of the
decision% inasmuch as it was shown that he merely refused to accept delivery of the
copy of the decision.
&. Those convicted by final 4udgment for violating the oath of allegiance to the
epublic6
(. Those with dual citizenship6
<See the case of :erca3o vs. :anEano and Valles vs. CB:ELEC=
+. ?ugitives from 4ustice in criminal or nonpolitical cases here or abroad6
" fugitive from 4ustice includes not only those who flee after conviction to avoid
punishment% but li>ewise those who% after being charged% flee to avoid prosecution. 8n
the case of Ro3rigueE vs. CB:ELEC, (.R. )o. 1,++99, Culy ,4, 199*, petitioner
cannot be considered a fugitive from 4ustice% because his arrival in the )hilippines from
the 5S preceded the filing of the felony complaint in L" Court and the issuance of the
arrest warrant by the same foreign court% by almost + months.
2. )ermanent residents in foreign country or those who have acHuired the right to
reside abroad and continue to avail of the same right after the effectivity of this
Code.
See Caasi vs. CB:ELEC, 191 SCR ,,9.
/. The insane or feeble#minded. (Sec) I0, L="+
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1&&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
5nder evised "dministrative Code (3- 2K2+
1. ,cclesiastics6
!. )ersons receiving compensation from provincial or municipal funds6 and
&. Contractors for public wor>s of the municipality.
5nder the Lone Candidate Law (R$ 82KG+
1. "ny elective officials who has resigned from his office by accepting an appointive
office or for whatever reason which he previously occupied but has caused to
become vacant due to his resignation6 and
!. "ny person who% directly or indirectly% coerces% bribes% threatens% harasses%
intimidates or actually causes% inflicts or produces any violence% in4ury%
punishment% torture% damage% loss or disadvantage to any person or persons
aspiring to become a candidate or that of the immediate member of his family%
his honor or property that is meant to eliminate all other potential candidates.
Bcam%o vs. Cres%o, (.R. )o. 1;<4**, Cune 1;, ,++4, there must be final 4udgment
before the election in order that the votes of a disHualified candidate can be considered
stray.
The subseHuent disHualification of a candidate who obtained the highest number
of votes does not entitle the candidate who garnered the second highest number of
votes to be declared the winner.
Certi5icate o5 Can3i3acy (CBC#N
ules;
1. 9o person shall be elected into public office unless he files his C*C within the
prescribed period6
!. 9o person shall be eligible for more than one office. 8f he files for more than one
position% he shall not be eligible for all unless he cancels all and retains one.
&. The C*C shall be filed by the candidate personally or by his duly authorized
representative.
(. 5pon filing% an individual becomes a candidate% he is already covered by the
rules% restrictions and processes involving candidates. (Section J:, -3"+
,ffects of ?iling C*C;
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1&(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Candidates holding appointive office or position shall be considered ipso facto
resigned from his office. (Sec) HH, -3"+
Candidates holding elective office shall not be considered resigned from his
office. (Sec) HJ of -3" re&ealed b* Section 6I of R$ K00H+
8ormal defects in te "-"5the election of a candidate cannot be annulled on the
sole ground of formal defects in his C*C% such as lac> of the reHuired oath. (@e
(uEman vs. Goar3 o5 Canvassers, 4< 10il ,11#
3uty to receive C*C; ministerial duty of the C*',L,C
:hen a candidate files his C*C% the C*',L,C has a ministerial duty to receive
and ac>nowledge its receipt pursuant to Section /2% of the ,lection Code. The
C*',L,C may not% by itself% without the proper proceedings% deny due course to or
cancel a C*C filed in due form. (Luna vs. CB:ELEC, (.R. )o. 1*;9<!, %ril ,4,
,++"#
bce3e vs. .m%erial, 1+! 10il 1!*, the C*',L,C has no discretion to give or
not to give due course to a C*C filed in due form. :hile it may loo> into patent defects
in the C*C% it may not go into matters not appearing on their face.
37ce&tions:
1. 9uisance candidates
!. )etition to deny due course or to cancel a C*CSec. /. of the *,C
&. ?iling of a disHualification case on any of the grounds enumerated in Section
2.% *,C.
:here the decision of the C*',L,C disHualifying the candidate is not yet final
and e$ecutory on election day% the Board of ,lection 8nspectors <B,8=% in the e$ercise of
its ministerial duty% is under obligation to count and tally the votes cats in favor of the
candidate. (1a%an3ayan vs. CB:ELEC, (.R. )o. 14"9+9, %ril 1*, ,++,#
Ci%riano vs. CB:ELEC, (.R. )o. 1;<<!+, ugust 1+, ,++4, the C*',L,C
may not% by itself% without proper proceedings% deny due course to or cancel a C*C filed
in due form. Section /. of *,C% which treats of a petition to deny due course to or
cancel a C*C on the ground that any material representation therein is false% reHuires
that the candidate must be notified of the petition against him% and he should be given
the opportunity to present evidence in his behalf.
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1&+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
,ffects of ?iling Two <!= C*C;
?iling of two C*C for different offices renders ineligibility for either position. (Section J:,
-3"+
1eat, 1is<ualification and /itdrawal:
8f after the last day of filing of the C*C% an official candidate of a registered or
accredited political party dies% withdraws or is disHualified for any cause% only a person
belonging to% and certified by the same political party ma* file a C*C to replace the
candidate who died% withdrew or was disHualified. (Section JJ, -3"+
The concept of a substitute presupposes the e$istence of the person to be
substituted. ?or how can a person ta>e the place of somebody who does not e$ist or
who never was. The e$istence of a valid C*C seasonably filed is a reHuisite sine Hua
non. There was no valid substitution. The e$istence of a valid C*C seasonably filed is a
reHuisite sine Hua non. 8t is as if he was not a candidate% he may not be substituted.
"baya was not proclaimed. (:iran3a vs. baya, (.R. )o. 1!*!;1, Culy ,<, 1999#
1octrine of te ReBection of te Second Placer5
Labo doctrine5the disHualification of the elected candidate does not entitle the
candidate who obtained the !
nd
highest number of votes to occupy the office vacated as
a result of the disHualification. (Labo vs. CB:ELEC, 1"* SCR 1#
lbana vs. CB:ELEC, (.R. )o. 1*!!+,, Culy ,!, ,++4, the ineligibility of a
candidate receiving ma4ority votes does not entitle the eligible candidate receiving the
ne$t highest number of votes to be declared elected. To simplistically assume that the
second placer would have received the other votes would be to substitute our 4udgment
for the mind of the voter. The second placer is 4ust that% a second placer. Ee lost in the
election.
37ce&tions: " second placer may possibly be declared elected when the
following conditions are met;
1. The one who obtained the highest number of votes is disHualified6 and
!. The electorate is fully aware in fact and in law of the candidate7s
disHualification so as to bring such awareness within the realm of notoriety
but would nonetheless cast their votes in favor of the ineligible candidate.
((rego vs. CB:ELEC, (.R. )o. 1,;9;;, Cune 19, 199"#
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8n &r. Cayat vs. CB:ELEC, (.R. )os. 1*!""* an3 1*;"!*, %ril ,4, ,++", the
law e$pressly declares that a candidate disHualified by final 4udgment before an election
cannot be voted for% and votes cast for him shall not be counted. This is a mandatory
provision of law under Section 2 of " 22(2% the ,lectoral eforms Law of 1-./. The
SC did not apply this doctrine of the re4ection of second placer which triggers the rule on
succession. There was no second placer because )alileng is not a second#placer but
the only placer. There is only one candidate.
/itdrawal of te "-"5shall effect the disHualification of the candidate to be elected
for the position. (-cain vs. Cane4a, <1 10il ""!#
The withdrawal of the withdrawal% for the purpose of reviving the C*C must be
made within the period provided by law for the filing of C*C. (:onsale vs. )ico, <!
10il ";<#
The affidavit of withdrawal can be filed directly with the main office of the
C*',L,C% the office of the egional ,lection 3irector concerned% office of the
provincial election supervisor of the province to which the municipality belongs% or the
office of the municipal election officer of the municipality.
Nuisance "andidates5
They are candidates who have no bona fide intention to run for the office for
which the C*C has been filed and would thus prevent a faithful election.
C*',L,C may refuse to give due course to or cancel a C*C of a nuisance
candidate. This can be done motu proprio or upon verified petition of an interested
party.
There should be a showing that;
1. The C*C has been filed to put the election process in moc>eryIdispute6
!. The intent for filing is to cause confusion among the voters by the similarity of
the names of the registered candidates6
&. There are other circumstances which clearly demonstrate that the candidate
has no bona fide intention to run for the office.
(arcia vs. CB:ELEC, (.R. )o. 1,11!9, Culy 1,, 199*, proclamation of the
winning candidate renders moot and academic a motion for reconsideration filed by a
candidate who had been earlier declared by the C*',L,C as nuisance candidate.
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1&/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Petition to 1en* 1ue "ourse to or "ancel "-" (Sec) J8, -3"+5a verified petition
see>ing to deny due course or to cancel a C*C may be field by any person e$clusively
on the ground that any material representation contained therein as reHuired in Section
/( hereof is false. The petition may be filed at any time not later than !+ days from the
time of filing the C*C and shall be decided% after due notice and hearing% not later than
1+ days before the election.
1urisdiction over a petition to cancel a C*C lies with the C*',L,C in division% not
with the C*',L,C en banc. ((arvi3a vs. Sales, (.R. )o. 1,,<",, Se%tember 1+,
199"#
Salce3o vs. CB:ELEC, (.R. )o. 1!;<<*, ugust 1*, 1999, material
misrepresentation contemplated in Section /.% *,C refers to Hualifications for elective
office. "side from that% false representation must consist of a deliberate attempt to
mislead% misinform% or hide a fact which would otherwise render a candidate ineligible. 8t
must be made with an intention to deceive the electorate as to one7s Hualifications for
public office. The use of surname% when not intended to mislead or deceive the public
as to one7s identity% is not within the scope of the provision.
Lone Can3i3ate La2 (R <,9;#
5pon e$piration of the deadline for filing of C*C in a special election called to fill
a vacancy in an elective position other that for )resident and D)% when there is only one
Hualified candidate for such position% the lone candidate& shall be proclaimed elected to
the position by proper proclaiming body of the C*',L,C without holding the special
election upon certification by the C*',L,C that he is the only candidate for the office
and is thereby deemed elected.
The lone candidate so proclaimed shall assume office not earlier than the
scheduled election day% in the absence of any lawful ground to deny due course or
cancel the C*C in order to prevent such proclamation% as provided for under Section 2-
and /. of *,C.
Loong vs. CB:ELEC, ,1* SCR "*+, the petition for cancellation of the C*C of
Loong for alleged misrepresentation as to his age% filed by 5tutalum beyond the !+#day
period from the last day for filing C*C cannot be given due course. 9either can it be
treated as Huo warranto petition since there has been no proclamation yet.
The evident purpose of the law in reHuiring the filing of the certificate of
candidacy% and in fi$ing the time limit therefor are;
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1&.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. To enable the voters to >now% at least 20 days before the regular election% the
candidates among whom they are to ma>e the choice6 and
!. To avoid confusion and inconvenience in the tabulation of the votes cats. ?or if
the law did not confine the choice or election by the voters to the duly registered
candidates% there might be as many persons voted for as there are voters% and
votes might be cast even for un>nown or fictitious persons as a mar> to identify
the votes in favor of a candidate for another office in the same election. (:iran3a
vs. baya, (.R. )o. 1!*!;1, Culy ,<, 1999#
"$,P$I=N
,lection and Campaign )eriods <Sec. &% *,C=
,lection period begins -0 days before the day of election and ends &0 days
thereafterperiod of time with respect to a scheduled date of election when the conduct
of certain political activities are regulated by election laws% and the violation of which
constitutes election offense sub4ect to penalties.
Campaign )eriods;
1. )resident and D)-0 days before the day of election
!. 'embers of Congress% Senatorial% )rovincial and CityI'unicipal(+ days
&. Barangay ,lection1+ days
(. Special ,lection(+ days <Section +% paragraph !% "rticle D888=
-The campaign period shall no include the da* before and the da* of te election)
-)eriod of time within the election period specified by law when bona fide candidates
can legally conduct campaign activities and other election propaganda in relation to the
scheduled date of election.
&air Election ct o5 ,++1 (R 9++*#
Lawful 3lection Pro&a%anda
1. :rittenIprinted materials which does not e$ceed . Q inches $ 1( inches
!. EandwrittenIprinted letters
&. )osters not e$ceeding !$& feet
(. )rint ads
1I( page in broadsheets and Q page for tabloids published &$ a wee> per
newspaper during the campaign period
+. Broadcast ads on TD and radio
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1&-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
a. 9ational positions1!0 mins. for TD% 1.0 mins. for radio
b. Local positions20 mins. for TD% -0 mins. for radio
<See the cases of PP) vs. '>L&L, 6.0. %o. ;;-B-1, >ay 22, ;--J and TL&LB3P vs.
'>L&L, 6.0. %o. ;,2-22, 3pril 2;, ;--/=page 1J o4 this review notes)payment of 4ust
compensation is now e$pressly provided under Section / of " -0026 payment of 4ust
compensation is not necessary since it is a valid e$ercise of police power.
Proibited "am&ai%n:
1. )ublic e$hibition of movie% cinematograph or documentary portraying the life or
biography of a candidate during the campaign period.
!. )ublic e$hibition of a movie% cinematograph or documentary portrayed by an
actor or media personality who is himself a candidate.
&. 5se of airtime for campaign of a media practitioner who is official of any party or
member of the campaign staff of a candidate of political party.
Limitation on 37&enses
Candidates;
1. )resident and D))10Ivoter
!. *ther candidate with party)&Ivoter
&. *ther candidate without party)+Ivoter
Statement of "ontribution and 37&enses
,very candidate and treasurer of a political party shall% within &0 days after the
day of election% file with the C*',L,C the full% true and itemized statement of all
contribution and e$penditures in connection with the election.
3lection Surve*s
Sec) G)I of R$ K00H5surveys affecting national candidates shall not be
published within 1+ days before an election and surveys affecting local candidates shall
not be published / days before an election. This section was declared unconstitutional
in the case of Social 8eat0er Station vs. CB:ELEC, (.R. )o. 14";"1, :ay ;, ,++1,
for it violated the constitutional rights of speech% e$pression and the press.
easons;
1. 8t imposes a prior restraint on the freedom of e$pression
!. 8t is direct and total suppression of a category of e$pression even though such
suppression is only for a limited period.
&. The government interest sought to be promoted can be achieved by means other
than the suppression of freedom of e$pression.
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1(0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Substitution of "andidates
8n case of valid substitution after the official ballots have been printed% the votes
cast for the substituted candidates shall be considered as stray votes but shall not
invalidate the whole ballot. This rule shall not apply if the substitute candidate is of the
same family name. (Section 62, R$ K00H+ #ee the case o4 &una vs. '>L&L
" disHualified candidate may only be substituted if he had a valid certificate of
candidacy in the first place because% if the disHualified candidate did not have a valid
and seasonably filed C*C% he is and was not a candidate at all. 8f a person was not a
candidate% he cannot be substituted under Section // of the *,C. (:iran3a vs. baya,
(.R. )o. 1!*!;1, Culy ,<, 1999#
Rule $%ainst Premature "am&ai%nin%
The use of lawful election propaganda is sub4ect to the supervision and
regulation of the C*',L,C in order to prevent premature campaigning and to eHualize%
as much as practicable% the situation of all candidates by preventing popular and rich
candidates from gaining undue advantage in e$posure and publicity on account of their
resources and popularity.
C0aveE vs. CB:ELEC, (.R. )o. 1*,""", ugust !1, ,++4, all propaganda materials
including advertisements on print% in radio% or on television showing image or
mentioning the name of a person% who subseHuent to the placement or display thereof
becomes a candidate for public office% be immediately removed% otherwise% this shall be
presumed as premature campaigning in violation of Section .0 of the *,C.
"$S.IN= -8 ;-.3S
<ead Sections 1-0#1-. of *,C=
)ostponement of ,lection <Sec. +% *,C=
Causes;
1. Diolence6
!. Terrorism6
&. Loss or destruction of election paraphernalia or records6
(. ?orce ma4eure6
+. *ther analogous causes.
C*',L,C can postpone the election;
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1(1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. 'otu proprio6 or
!. 5pon a verified petition by any interested party% after due notice and hearing.
C*',L,C shall call for the holding of the election on a date reasonably close to the
date of the election not held% suspended or which resulted in a failure to elect but not
later than &0 days after the cessation of the cause for such postponement or
suspension of the election or failure to elect.
8ailure of 3lection (Section H, -3"+
)re#conditions for declaring failure of elections
1. 9o voting has been held or election has been suspended before the hour
fi$ed by law for the closing of the voting in any precinct because of;
a. ?orce ma4eure
b. Diolence
c. Terrorism
d. ?raud
e. *ther analogous cases.
!. Dotes not cast are sufficient to affect the results of the elections. (/an vs.
CB:ELEC, (.R. )os. 14<;";A"*, @ecember 1+, ,++!#
C*',L,C shall call for the holding or continuation of the election not held%
suspended or which resulted in a failure to elect on a date reasonably close to the date
of the election not held% suspended or which resulted in a failure to elect but not later
than &0 days after the cessation of the cause of such postponement or suspension of
the election or failure to elect.
The cause for the declaration of a failure of election may occur before or after the
casting of votes or on the day of the election. <" /122% Synchronized 9ational and
Local ,lections "ct=
The postponement% declaration of a failure of election and the calling of special
elections shall be decided by the C*',L,C sitting en banc by a ma4ority vote of its
members. (Section I, R$ J6HH, S*ncroni#ed National and Local 3lections $ct+
Gatabor vs. CB:ELEC, (.R. )o. 1*+4,<, Culy ,1, ,++4, the power to declare
a failure of election is vested e$clusively upon the C*',L,C. $ $ $ There is failure of
election only when the will of the electorate has been muted and cannot be ascertained.
Loong vs. CB:ELEC, the petition for annulment of election results or to declare
failure of election in )arang% Sulu% on the ground of S.$.IS.I"$L I,PR-!$!ILI.>
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1(!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
and massive fraud was granted by the C*',L,C. ,ven before the technical
e$amination of election documents was conducted% the c*',L,C already observed
badges of fraud 4ust by loo>ing at the election results in )arang. 9evertheless% the
C*',L,C dismissed the petition for annulment of election results or to declare failure
of elections in the municipalities of Tapul% )anglima ,stino% )ata% Siasi and
Falinggalang Calauag. The dismissal was on the ground of untimeliness of the petition%
despite a finding that the same badges of fraud evident from the results of the election
based on the certificates of canvass of votes in )arang% are also evident in the election
results of the five <+= mentioned municipalities. The SC ruled that the C*',L,C
committed grave abused of discretion in dismissing the petition as there is no law which
provides a reglementary period to file annulment of elections when there is yet no
proclamation. The election resulted in a failure to elect on account of fraud. "ccordingly%
the Court ordered the C*',L,C to reinstate the aforesaid petition.
Ganaga, Cr. vs. CB:ELEC, !!* SCR "+1, the circumstances in the above
case are not present in this case so that reliance in &oong by petitioner Banaga is
misplaced. " prayer to declare failure of election and a prayer to annul the election
results are actually of the same nature. :hether an action is for the declaration of
failure of elections or for annulment of election results% based on allegations of fraud%
terrorism% violence or analogous cases% the *,C denominates them similarly.
Petition to 1eclare 8ailure of 3lection 3lection Protest
" special action under ule !2% Comelec
ules of )rocedure
3oc>et number starts with S)"
"n ,n Banc decision of the C*',L,C in
a special action becomes final and
e$ecutory after + days from promulgation%
unless restrained by the SC
"n ordinary action under ule !0%
Comelec ules of )rocedure
3oc>et number starts with ,)C
,n Banc decision of the C*',L,C in an
ordinary action becomes final and
e$ecutory within &0 days from its
promulgation
"-4N.IN= -8 ;-.3S
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1(&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Princi&le of !allot Secrec*5voters are prohibited from e$hibiting the contents of their
official ballots to other persons% from ma>ing copies thereof% or from putting
distinguishing mar>s thereon so as to be identified. The reason behind this is to avoid
vote buying through voter identification.
Rules for te $&&reciation of !allots: (Section 266, -3"+5a function of the Board
of ,lection 8nspectors
8n reading and appreciation of ballots% every ballot shall be presumed valid unless
there is clear and good reason to 4ustify its re4ection. 8n the appreciation of the ballots%
the ob4ect should be to ascertain and carry into effect the intention of the voter% if it could
be determined with reasonable certainty. (&erin vs. (onEales, ;! SCR ,!"#
" ballot which has been cast carries the presumption that it reflects the will of the
voter. "nd the purpose of the election law is to give effect% rather than frustrate% that will.
?or this reason% e$treme caution should be observed before a ballot is invalidated and
doubts are to be resolved in favor of their validity.
1. /ere onl* first name or surname is written5the vote for such candidate is
valid% if there is no other with the same name or surname for the same office.
(onEaga vs. Se>o, " SCR "41, where there are ! or more candidates having
the same first name or the same surname% writing only the first name or the surname is
not a valid vote for either of the candidates. 8n order that his vote may be counted% the
voter should add the correct name% surname% or middle initial that will identify the
candidate for whom he is voting.
!. /ere onl* first name is surname of anoter, or were incumbentAs full
name, first name or surname is same as anoter5the first part of the rule% the
vote is counted in favor of the candidate whose surname corresponds to the
word. The second part refers to a situation where there are ! or more candidates%
one of whom is an incumbent or re#electionist whose full name% first name% or
surname is the same as the full name% first name% or surname of the other
candidate or candidates.
,$ample; the incumbent7s name is ?ose Santos% while the other7s candidate7s name
is ?ose Santos, or ?ose "ru#, or Ronaldo Santos. " vote for 1ose Santos will be
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1((
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
counted for the incumbent candidate6 a vote for 1ose will be counted in favor of the
incumbent6 or a vote for Santos will be counted in favor of the incumbent candidate.
&. /ere candidate is a woman usin% er maiden or married surname or bot
wic is same surname of incumbent5a ballot bearing only such surname
shall be counted in favor of the candidate who is an incumbent. :here none of
the candidates is an incumbent% a ballot bearing only such surname cannot be
counted for any of them.
:here a ballot contains only the maiden surname of a candidate% and there is
another candidate bearing the same surname% such ballot shall be counted in her favor)
(ConuiABmega vs. Samson, 9 SCR 49!#
(. /ere 2 or more words are surnames of 2 or more candidates5when ! or
more words are written on the same line on the ballot% all of which are the
surnames of ! or more candidates% the same shall not be counted for any of
them.
37ce&tions:
a. 5nless one is a surname of an incumbent in which case it shall be
counted in favor of the latter.
b. 8f the word or words written on the appropriate blan> on the ballot is the
identical name or surname or full name% as the case may be% of ! or more
candidates for the same office none of whom is an incumbent% the vote
shall be counted in favor of the candidate to whose tic>et all the other
candidates voted for in the same ballot for the same constituency belongs.
c. :hen ! or more words are written on different lines on the ballot all of
which are the surnames of ! or more candidates bearing the same
surname for an office for which the law authorizes the election of more
than one and there are the same number of surnames written as there are
candidates with that surname% the vote shall be counted in favor of all
candidates bearing the surname.
+. /ere sin%le word is first name of candidate and surname of is o&&onent
5the vote shall be counted in favor of the latter <surname of the opponent=.
(Cor%us vs. .bay, <4 10il. 1<4#
2. /ere 2 words are written, one of wic is te first name of te candidate
and te oter is te surname of is o&&onent5the vote shall not be counted
for either.
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1(+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
/. Idem sonam5a name or surname incorrectly written which% when read% has a
sound similar to the name or surname of a candidate when correctly written shall
be counted in his favor. 8t is based on the principle that the misspelling of a name
or lac> of s>ill in writing it% should not be ta>en as a ground for re4ecting the votes
apparently intended for a candidate% so long as the intention of the voter appears
to be clear. This rule is liberally construed.O
.. Re&etition of names in 2 or more line5when the name of a candidate appears
in a space of the ballot for an office which he is a candidate and in another space
for which he is not a candidate% it shall be counted in his favor for the office for
which he is a candidate and the vote for the office for which he is not a candidate
shall be considered as stray% e$cept when it is used as a means to identify the
voter% in which case the whole ballot shall be void.
-. 3rroneous initial5the erroneous initial of the first name accompanied by the
correct surname of a candidate or the erroneous initial of the surname
accompanied by the correct first name of a candidate shall not annul the vote in
his favor.
10. Prefi7es or suffi7es5ballots containing prefi$es such as @Sr.A% 'r.A% @3atuA%
@Eon.A% @3onA% or suffi$es @1r.A% @88A are valid. The use of these prefi$es does not
invalidate the ballot% the vote is counted in favor of the candidate whose name is
with a prefi$% the rule does not apply where the prefi$es are used as identifying
mar>s.
11. 4se of nicknames and a&&ellations5if accompanied by the first name or
surname of the candidate% does not annul such vote% e$cept when they are used
as a means to identify the voter% in which case the whole ballot is invalid.
Eowever% if the nic>name used is unaccompanied by the name or surname of a
candidate and it is the one by which he is generally or popularly >nown in the
locality% the name shall be counted in favor of said candidate% if there is no other
candidate for the same office with the same nic>name.
1!. 1escri&tio Personae5it does not invalidate the ballot.
1&. ;ote in favor of dis<ualified candidate5it shall be considered as stray vote
and shall not be counted% but it shall not invalidate the ballot.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
l5onso vs. CB:ELEC, ,!, SCR """, a vote in favor of a candidate
who died 4ust before the election and was accordingly substituted by his daughter
is a stray vote and cannot be counted in favor of the latter. Eowever% a vote cast
with only the family name can be counted in favor of the daughter who bears
such name.
"ertificate of ;otes
Galin3ong vs. CB:ELEC, ," SCR ;*", the Certificate of Dotes <CD= is
evidenced not only of tampering% alteration% falsification or any other anomaly in the
preparation of the election returns but also of the votes obtained by the candidates.
(aray vs. CB:ELEC, ,*1 SCR ,,,, the CD can never be a valid basis for
canvass6 it can only be evidence to prove tampering% alteration% falsification or any other
anomaly in the preparation of the election returns concerned% when duly authenticated.
" CD does not constitute sufficient evidence of the true and genuine results of the
elections6 only election returns are. 8n li>e manner% neither is the tally board sufficient
evidence of the real results of the election.
"$N;$SSIN=
Canvassing Bodies;
1. Congressfor )resident and D)
!. C*',L,CSenators and egional *fficials
&. )rovincial Board of Canvassersfor Congressmen% 'unicipal *fficials
(. 3istrict Board of CanvassersCongressmen% 'unicipal officials
+. City and 'unicipal B*CCongressmen% City and 'unicipal officials
2. Barangay Board of CanvassersBarangay officials
C*',L,C has direct control and supervision over the Board of Canvassers
e$cept Congress. 8t may motu proprio relieve at any time and substitute any member of
the board of canvassers. (Section 22J, -3"+
Proibited Relationsi&: elated within the (
th
civil degree by consanguinity or affinity
to any of the candidates whose votes will be canvassed by the Board% or to any member
of the same Board
gu4etas vs. C, ,*1 SCR 1", petitioners% members of the Board of Canvassers%
who proclaimed as the .
th
winning candidate one who did not obtain the .
th
highest
number of votes% may be criminally prosecuted for violation of Section !&1 of the *,C%
failure to proclaim the winning candidate.
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1(/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
PR3(PR-"L$,$.I-N "-N.R-;3RS>5Section 2I6, -3"
"ny Huestion pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or by any registered political party or
coalition of political parties before the board or directly with the Commission% or any
matters raised under Sections !&&% !&(% !&+ and !&2 in relation to the preparation%
transmission% receipt% custody and appreciation of the election returns. (Gan3ala vs.
CB:ELEC, (.R. )o. 1;9!*9, :arc0 !, ,++4#
C*',L,C shall have e$clusive 4urisdiction over all pre#proclamation
controversies. (Section 2I2, -3"+
Gelac vs. CB:ELEC, (.R. )o. 14;<+,, %ril ,4, ,++1, Section !(1 of the *,C
provides that a pre#proclamation controversy refers to any Huestion pertaining to or
affecting the proceedings of the Board of Canvassers which may be raised by any
candidate or by any registered political party or coalition of political parties before the
Board or directly with the C*',L,C.
8n a pre#proclamation controversy% the C*',L,C% as a rule% is restricted to an
e$amination of the election returns and is without 4urisdiction to go beyond or behind
them and investigate election irregularities.
The policy consideration underlying the delimitation of both substantive ground
and procedure is the policy to determine as Huic>ly as possible the result of the election
on the basis of the canvass.
8t is for this reason that pre#proclamation controversies are mandated by law to
be summarily disposed of.
8ssues that may be raised in pre#proclamation controversy;
1. 8llegal composition or proceedings of the board of canvassers6
!. The canvassed election returns <,= are incomplete% contain material defects%
appear to be tampered with or falsified% or contain discrepancies in the same
returns or in authentic copies thereof.
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1(.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. The ,s were prepared under duress% threats% coercion% or intimidation% or they
are obviously manufacture% or not authentic.
(. :hen substitute and fraudulent returns in controverted polling places were
canvassed% the results of which materially affected the standing of the aggrieved
candidates. (Section 2I:, -3"+
- Issues Rs 2, : and I are not a&&licable to election of President, ;P, Senators and ,embers of te 2ouse of
Re&resentatives) -nl* R6 is a&&licable to tem)
=eneral Rule; Candidates and registered political parties involve in an election are
allowed to file a pre#proclamation cases before the C*',L,C.
37ce&tion: )re#proclamation cases are not allowed in elections for )resident% D)%
Senators% and 'embers of the E*. Eowever% this does not preclude the authority of
the appropriate canvassing body motu proprio or upon written complaint of an interested
person to correct manifest errors% Huestion the composition or proceeding of the board
of canvassers and to determine the authenticity and due e$ecution of certificates of
canvass as provided in Section &0 of " /122% as amended by " -&2-. (1imentel ...
vs. CB:ELEC, (.R. )o. 1"<41!, :arc0 1!, ,++<#
@manifest errorsF5the error must appear on the face of the Certificates of Canvass or
,lection eturns sought to be corrected. 8t is one that is visible to the eye or obvious to
the understanding6 that which is open% palpable% incontrovertible% needing no evidence
to ma>e it more clear. (BJ'ara vs. CB:ELEC, (.R. )o. 14<941A4,, :arc0 1,, ,++,#
Correction of manifest errors has reference to errors in the election returns% in the
entries of the statement of votes by precinct per municipality% or in the certificate of
canvass. Some of the definition given for the word @manifestA are that @it is evident to the
eye and understanding% visible to the eye% that which is open% palpable% and
incontrovertible% needing no evidence to ma>e it more clear% not obscure or hidden.
(@ela Llana vs. CB:ELEC, (.R. )o. 1;,+<+#
Es%i3ol vs. CB:ELEC, (.R. )o. 1*49,,, Bctober 11, ,++;, C*',L,C is with
authority to annul any canvass and proclamation illegally made. The fact that a
candidate illegally proclaimed has assumed office is not a bar to the e$ercise of such
power. 8t is also true that as a %eneral rule% the proper remedy after proclamation of the
winning candidate for the position contested would be to file a regular election protest or
Huo warranto e7ce&t where the proclamation is null and void% the proclaimed
candidate7s assumption of office cannot deprive the C*',L,C of the power to declare
such proclamation a nullity.
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1(-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
San3oval vs. CB:ELEC, (.R. )o. 1!!<4,, Canuary ,*, ,+++, the authority to rule on
petitions for correction of manifest error is vested in the C*',L,C ,9 B"9C. Section
/ of ule !/ of the 1--& C*',L,C ules of )rocedure provides that if the error is
discovered before proclamation% the board of canvassers may motu proprio% or upon
verified petition by any candidate% political party% organization or coalition of political
parties% after due notice and hearing% correct the errors committed. The aggrieved party
may appeal the decision of the board to the C*',L,C and said appeal shall be heard
and decided by the C*',L,C ,9 B"9C. Section +% however% of the same rule states
that a petition for correction of manifest errors may be filed directly with the Commission
en banc provided that such errors could not have been discovered during the
canvassing despite the e$ercise of due diligence and proclamation of the winning
candidate had already been made.
Pre(Proclamation "ontrovers* Petition for 8ailure of 3lection
There was election
?urisdiction: 3ivision of a C*',L,C
*nce proclaimed% the pre#proclamation
shall be dismissed
There was no election
?urisdiction: "*',L,C ,n Banc

Lagumbay vs, CB:ELEC, 1* SCR 1";, the election return was an obviously
manufactured return. The returns were palpably false as it was indeed statistically
improbable that all the eight candidates of one party garnered all the votes each of them
received e$actly the same number% whereas all the . candidates of the other party got
precisely nothing. The Supreme Court enunciated the 1-".RIN3 -8 S.$.IS.I"$L
I,PR-!$!ILI.>) 8t states that where there e$ists uniformity of tallies in favor of
candidates belonging to one party and the systematic blan>ing out of the opposing
candidates% as when all the candidates of one party received all the votes% each of
whom e$actly the same number% and the opposing candidates got zero votes% the
election returns are obviously manufactured% contrary to all statistical probabilities% and
utterly improbable and clearly incredible.
The doctrine applies only when the improbability is shown on the face of the , itself
and without regard to evidence aliunde or to evidence outside of the return.
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1+0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Simultaneous Prosecution of Pre(Proclamation "ontroversies and 3lection
Protests5
There is no law or rule prohibiting the simultaneous prosecution or ad4udication of
pre#proclamation controversies and election protests. "llowing the simultaneous
prosecution scenario may be e$plained by the fact that pre#proclamation controversies
and election protests differ in terms of the issues involved and the evidence admissible
in each case and the ob4ective each see>s to achieve. (/an vs. CB:ELEC, (.R. )os.
1**14!A4", )ovember ,+, ,++*#
Piercin% te ;eil of 3lection Returns5
The general rule is that a pre#proclamation case before the C*',L,C is%
logically% no longer viable after a proclamation has been made. Eowever% this rule
admits of e$ceptions% as when the proclamation is null and void. The proclamation of
petitioner in this case is void for three <&= reasons; 1= it was based on a canvass that
should have been suspended with respect to the contested election returns6 != it was
done without prior C*',L,C authorization which is reHuired in view of the unresolved
ob4ections of Talib to the inclusion of certain returns in the canvass6 and &= it was
predicated on a canvass that included unsigned election returns involving such number
of votes as will affect the outcome of the election. 8n this regard% it has long been
recognized that among the reliefs that the C*',L,C may grant is to nullify a
proclamation or suspend the effect of one.
8t is a well#entrenched rule in 4urisprudence that in a pre#proclamation
controversy% the Board of Canvassers and the C*',L,C are not to loo> beyond or
behind election returns which are on heir face regular and authentic returns. (Cainal vs.
CB:ELEC, (.R. )o. 1"4;;1, :arc0 ", ,++"#
PR-"L$,$.I-N5
8n the absence of an appeal% the Board of Canvassers shall proclaim the winner.
3L3".I-N -883NS3S
Proibited $cts: (Sections 2H6, 2H2, -3"+
1. Dote buying and vote selling6
!. Conspiracy to bribe voters6
&. :agering upon result of election6
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1+1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
(. Coercion of subordinates6
+. Threats% intimidation% terrorism% use of fraudulent device or other forms of coercion6
2. Coercion of election officials and employees6
/. "ppointment of new employees% creation of new position% promotion% giving of salary increases6
.. 8ntervention of public officers and employees6
-. 5ndue influence6
10. 5nlawful electioneering6
11. *thers.
-Bood faith is not a defense. ,lection offenses are generally mala prohibita. )roof of
criminal intent is necessary. Bood faith% ignorance or lac> of malice is not a defense6 the
commission of the prohibited act is sufficient.
?urisdiction:
1. 8nvestigation and prosecutionC*',L,Cthe investigating officer shall
resolve the case within five <+= days from submission.
!. Trial and decisions;
R."5e$clusive original 4urisdiction any criminal action or proceedings for
violation of *,C
37ce&tion: offenses relating to failure to register or failure to vote <'TC=
Prescri&tion: + years from the date of their commission
3L3".I-N "-N.3S.5
Nature: special summary proceedingto e$pedite the settlement of controversies
between candidates as to who receive the ma4ority of legal votes.
Pur&ose: to ascertain the true will of the people
3lection Laws, ow "onstrued5laws governing election contests must be liberally
construed to the end that the will of the people in the choice of public officials may not
be defeated by mere technical ob4ections. 8n an election case% the court has the
imperative duty to ascertain by all means within its command who is the real candidate
elected by the electorate. (@ela Llana vs. CB:ELEC, (.R. )o. 1;,+<+#
-ri%inal 37clusive ?urisdiction
1. Supreme Court <),T=
)resident
Dice#)resident
/ecson vs. CB:ELEC, , (.R. )o. 1*14!4, :arc0 !, ,++4, the word
@contestA refers to either ,lection )rotest or Puo :arranto which are two
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1+!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
<!= distinct post#election remedies. They have one ob4ective% i.e.% to unseat
the winning candidate.
!. Senate ,lectoral Tribunal <S,T=
Senators
&. Eouse of epresentatives ,lectoral Tribunal <E,T=
Congressmen
(. C*',L,C
egional officials
)rovincial officials
City officials
+. egional Trial Court
'unicipal officials
2. 'etropolitan Trial court% 'unicipal Circuit Trial Court% and 'unicipal Trial Court
Barangay officials
Sangguniang Fabataan
-E,T ules of )rocedure shall prevail over the provisions of the *mnibus ,lection
Code. (LaEatin vs. 'RE/, 1*< SCR !91#
1imentel ... vs. CB:ELEC, (.R. )o. 1"<41!, :arc0 1!, ,++<, the SC has no
4urisdiction to entertain a petition for certiorari and mandamus on matters which may be
threshed out in an election contest. 8t is the S,T which has e$clusive 4urisdiction to act
on the complaint involving% as it does% a contest relating to the election of a now
member of the Senate.
$&&ellate ?urisdiction
1. ?or decisions of TC and 'TCappeal to C*',L,C whose decision shall be
final and e$ecutor
!. ?or decisions of C*',L,C)etition for eview on Certiorari with SC within &0
days from receipt of decision on ground of grave abuse of discretion amounting
to lac> or e$cess of 4urisdiction or violation of due process
&. ?or decisions of ,lectoral Tribunal)etition for eview on Certiorari with SC on
ground of grave abuse of discretion amounting to lac> or e$cess of 4urisdiction or
violation of due process
$".I-NS /2I"2 ,$> !3 8I3L1:
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1+&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. 3L3".I-N PR-.3S.5filed by any candidate who has filed a C*C and has
been voted upon for the same office on the grounds of;
?raud6
Terrorism6
8rregularities6 or
8llegal acts% committed before% during or after casting and counting of
votes
-?iled witin 60 da*s from proclamation of results of election
1eat of Protestant5does not necessarily e$tinguish an election protest
1oe vs. rroyo, 1E/ Case )o. ++,, :arc0 ,9, ,++;, the widow of the
protestant has no status of real party in interest to substitute or intervene for the latter
who died during the pendency of the election protest.
@e Castro vs. CB:ELEC, (.R. )o. 1,;,49, &ebruary ", 199", an election
protest is imbued with public interest which raises it onto a plane over and above
ordinary civil actions% because it involves not only the ad4udication of the private interest
of the rival candidates but also the paramount need of dispelling once and for all the
uncertainty that beclouds the real choice of the electorate with respect to who shall
discharge the prerogatives of the office within their gift.
Villamor vs. CB:ELEC, (.R. )o. 1*9<*;, Culy ,1, ,++*, the filing of an
election protest or a petition for Huo warranto precludes the subseHuent filing of a pre#
proclamation controversy or amounts to the abandonment of one earlier filed% thus
depriving the C*',L,C of the authority to inHuire into and pass upon the title of the
protestee or the validity of his proclamation.
!. 94- /$RR$N.-5filed by any registered voter in the constituency on the
grounds of;
8neligibility6 or
3isloyalty to the epublic
-?iled witin 60 da*s from proclamation of results of election
3L3".I-N PR-.3S. 94- /$RR$N.-
" contest between the defeated and
winning candidates% based on grounds
of election frauds or irre%ularities% as
to who actually obtained the ma4ority of
efers to Huestions of dislo*alt* and
ineli%ibilit* of the winning candidates.
8t is a proceeding to unseat the
ineligible person from office% but not to
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1+(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
the legal votes and therefore is entitled
to hold the office.
?iled by filed by any candidate who
has filed a C*C and has been voted
for.
" protestee may be ousted and the
protestant may seat in the office
vacated.
install the protestant in his place.
?iled by any registered voter in the
constituency.
The respondent may be unseated but
the petitioner will not be seated.
(@umayas, Cr. vs. CB:ELEC, (.R. )os. 1419;,A;!, %ril ,+, ,++1#
9uo /arranto in 3lective -ffice 9uo /arranto in $&&ointive -ffice
The issue is the eligibility of the officer#
elect6 the court or tribunal cannot declare
the protestant as having been elected.
The issue is the legality of the
appointment6 the court determines who of
the parties has legal title to the office.
-The period for filing an election protest is suspended during the pendency of a pre#
proclamation controversy. ((atc0alian vs. CB:ELEC, ,4; SCR ,+<#
"-4N.3R(PR-.3S.5
" protestee may incorporate in his answer a counter#protest. 8t is tantamount to a
counterclaim in a civil action and may be presented as a part of the answer within the
time he is reHuired to answer the protest% i.e.% within five <+= days upon receipt of the
protest% unless a motion for e$tension is granted% in which case it must be filed before
the e$piration of the e$tended time.
The counter#protest must be filed within the period provided by law% otherwise%
the forum loses its 4urisdiction to entertain the belatedly filed counter#protest. The period
to be observed is within five <+= days from the time of the receipt of the copy of the
protest. The +#day period is not only mandator* reHuirement of the law but also
Burisdictional so that the court is ousted to entertain counter#protest belatedly filed.
(D0o vs. CB:ELEC, ,"9 SCR 4*!, Se%tember ,;, 199"#
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1++
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&rancis Ding :ar$ueE vs. CB:ELEC, (.R. )o. 1,"!1<, ugust ,;, 1999, any
contest relating to the election of members of the Sangguniang Fabataan <SF=%
including the Chairmanwhether pertaining to their eligibility or the manner of their
electionis cognizable by 'TCs% 'CTCs% and 'eTCs. Section 2 of C*',L,C
esolution 9o. !.!( which provides that cases involving the eligibility or Hualification of
SF candidates shall be decided by the CityI'unicipal ,lection *fficers whose decision
shall be final% applies only to proceedings before the election. Before proclamation%
cases concerning the eligibility of SF *fficers and members are cognizable by the
,lection *fficer. But after the election and proclamation% the same cases become Huo
warranto cases cognizable by 'TCs% 'CTCs% and 'eTCs. The distinction is based on
the principle that it is the proclamation which mar>s off the 4urisdiction of the courts from
the 4urisdiction of election officials.
(ementiEa vs. CB:ELEC, !;! SCR ",4, :arc0 *, ,++1, the C*',L,C ,9 B"9C
shall decide motions for reconsideration only for @decisionsA of a 3ivision% meaning
those acts of final caracter) The interlocutory order ruled by the 3ivision of
C*',L,C should be brought up to the Supreme Court thru Certiorari.
Rule :, Section Gc of "-,3L3" Rules of Procedures53ny motion to
reconsider a decision, resolution, order or ruling o4 a (ivision shall +e resolved +y the
ommission en +anc exce%t motions on interlocutory orders o4 the division, which shall
+e resolved +y the divisions which issued the order.
*nly final orders of a 3ivision may be raised before the C*',L,C en banc is in
accordance with $rticle ID(", Section : of the Constitution which mandates that only
motions for reconsideration of final decisions shall be decided by the C*',L,C en
banc.
"ounter(Protest erroneousl* filed and acce&ted b* te "-,3L3"5remedy;
1. ,rase from the record6
!. Certiorari.
37ecution Pendin% $&&eal5the trial court may grant a motion for e$ecution pending
appeal because the mere filing of an appeal does not divest the trial court of its
4urisdiction over a case and to resolve pending incidents. Since the court and 4urisdiction
to act on the motion at the time it was filed% that 4urisdiction continued until the matter
was resolved% and was not lost by the subseHuent action of the opposing party.
(E33ing vs. CB:ELEC, ,4* SCR ;+,#
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1+2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
@ulce nn 'o5er vs. 'RE/, (.R. )o. 1;<<!!, :ay 1,, ,++4, by the very nature and
given the public interest involved in the determination of the result of an election% the
controversies arising from the canvassing must be resolved speedily% otherwise% the will
of the electorate will be frustrated.
)rocedural rules in election cases are designed to achieve not only a correct but
also an e$peditious determination of the popular will of the electorate.
$rticle ;I
L3=ISL$.I;3 13P$R.,3N.
Le%islative Power5
8t is the power or competence of the legislative to propose% enact% ordain%
amendIalter% modify% abrogate or repeal laws. 8t is vested in the Congress which shall
consist of a Senate and a Eouse of epresentatives% e$cept to the e$tent reserved to
the people by the provision on initiative and referendum.
S3N$.3 2-4S3 -8 R3PR3S3N.$.I;3S
"om&osition: Twenty#four <!(=%
elected at large by the Hualified voters
of the )hilippines% as may be provided
by law.
9ualifications:
"om&osition: not more than !+0 members%
unless otherwise provided by law% consisting
of;
a. 1istrict Re&resentatives5
elected from legislative districts
apportioned among the
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1+/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
a. 9atural#born citizen of
the )hilippines6
b. "t least thirty#five <&+=
years of age on the day
of the election6
c. "ble to read and write6
d. egistered voter6
e. esident of the
)hilippines for not less
than ! years immediately
preceding the day of the
election.
.erm of office: 2 yearsshall
commence% unless otherwise provided
by law% at noon on the &0
th
day of 1une
ne$t following their election.
1is<ualifications:
a) 9o Senator shall serve for
more than ! consecutive
terms. Doluntary
renunciation of the office for
any length of time shall not
be considered as an
interruption in the continuity
of his service for the full term
for which he was elected.
(Section I, $rticle ;I+
b) *ne who has been declared
by competent authority as
insane or incompetent
c) *ne who has been
sentenced by final 4udgment
for;
i. Subversion6
ii. 8nsurrection6
iii. ebellion6
iv. "ny offense for which
he has been sentenced
to a penalty of not more
than 1. months6 or
provinces% cities and the
'etropolitan 'anila area. (Sec)
G, &ar) 6, $rticle ;I+
b. Part*(List Re&resentatives
constitutes !0J of the total
number of representatives
elected through a party#list
system of registered national%
regional and sectoral parties or
organization)
c. Sectoral Re&resentatives51I!
of the seats allocated to party#list
representatives shall be filled% as
provided by law% by selection or
election from the;
i. Labor6
ii. )easant6
iii. 5rban poor6
iv. 8ndigenous cultural
communities6
v. :omen6
vi. Gouth6 and
vii. Such other sectors as may be
provided by law% e7ce&t the
religious sector.
.erm of office: three <&= years% which shall
begin% unless otherwise provided by law% at
noon of 1une &0 ne$t following their
election.
9ualifications:
1. 9atural#born citizen of the
)hilippines6
!. "t least !+ years of age on the day
of the election6
&. "ble to read and write6
(. egistered voter in the district in
which he shall be elected e7ce&t the
party#list representatives6
+. esident of the district for a period
of not less than 1 year immediately
preceding the day of the election6
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1+.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
v. " crime involving moral
turpitude% unless given
plenary pardon or
granted amnesty
<Section 1!% B) ..1
*mnibus ,lection
Code=
3lectoral .ribunal: Senate
,lectoral Tribunal <S,T=composed
of three <&= Supreme Court 1ustices
and si$ <2= Senatorsto act as sole
4udge of all contest relating to election
returns and Hualifications of their
respective members.
Removal: Thru ,C)5LS8*9 by
the Senate with the concurrence of
two#thirds <!I&= of all its members
<Section 12% par. &% "rticle D8=
2. ?or party#list representatives or
organizations;
a. 9atural#born citizen of the
)hilippines6
b. " registered voter6
c. " resident of the )hilippines
for a period of not less than
one <1= year immediately
preceding the day of the
election6
d. "ble to read and write6
e. " bona fide member of the
party or organization which
he see>s to represent for at
least ninety <-0= days
preceding the day of the
election6
f. "t least !+ years of age on
the day of the election6
g. The political party% sector%
organization or coalition must
represent the marginalized
and underrepresented
groups.
h. 'ust comply with the
declared policy of enabling
?ilipino citizens belonging to
marginalized and
underrepresented sectors to
be elected to the Eouse of
epresentatives6
i. eligious sector may not be
represented in the party#list
system6
4. " party or an organization
must not be disHualified
under Sec. 2% " /-(16
>. The party or organization
must not be an ad4unct of% or
a pro4ect organized or an
entity funded or assisted by
the government6
l. The party must not only
comply with the reHuirements
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1+-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
of the law6 its nominees must
li>ewise do so6
m. 9ot only the candidate party
or organization must
represent marginalized and
underrepresented sectors6 so
also must its nominees6 and
n. The nominee must li>ewise
be able to contribute to the
formulation and enactment of
appropriate legislation that
will benefit the nation as a
whole.
,anner of ;otin%: <Sec. 10% " /-(1= ,very
voter shall be entitled to two <!= votes; <1= for
candidate for member of the E* in his
legislative district% and <!= for the party%
organizations% or coalition he wants
represented in the E*; provided% that a vote
cast for a party% organizations% or coalition not
entitled to be voted for shall not be counted.
1is<ualifications:
a. Shall not serve for more than three <&=
consecutive terms. <Sec. /% "rticle D8=
b. *ne who has been declared by
competent authority as insane or
incompetent
c. *ne who has been sentenced by final
4udgment for;
i. Subversion6
ii. 8nsurrection6
iii. ebellion6
iv. "ny offense for which he
has been sentenced to a
penalty of not more than
1. months6 or
v. " crime involving moral
turpitude% unless given
plenary pardon or granted
amnesty <Section 1!% B)
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120
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
..1*mnibus ,lection
Code=
d) 8or Part*(List Re&resentatives:
i. 8t is a religious sect or
denomination%
organization or
association organized for
religious purposes6
ii. 8t advocates violence or
unlawful means to see> its
goal6
iii. 8t is a foreign party or
organization6
iv. 8t is receiving support from
any foreign government%
foreign political party%
foundation% organization%
whether directly or
through any of its officers
or members or indirectly
through third parties for
partisan election
purposes6
v. 8t violates or fails to
comply with laws% rules or
regulations relating to
elections6
vi. 8t declares untruthful
statement in its petition6
vii. 8t has ceased to e$ist for
at least one <1= year6
viii. 8t fails to participate in the
last two preceding
elections or fails to obtain
at least !J of the votes
cast under the party#list
system in the two
preceding elections for the
constituency in which it
had registered. (Section H, R$
JKI6+
"anvassin% !oard: C*',L,C
3lectoral .ribunal: Eouse of epresentative
,lectoral Tribunal <E,T=composed of nine
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121
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
<-= members; & Supreme Court 1ustices and
si$ <2= members of the CongressRSection 6J,
$rt) ;I
Removal: ,C)5LS8*9 by the Eouse with the
concurrence of two#thirds <!I&= of all its
members (Sec) 6H, &ar) :, $rt) ;I+
;acanc*5Section -% "rticle D858n case o4 vacancy in the #enate or in the House o4
0epresentatives, a special election may +e called to 4ill such vacancy in the manner
prescri+ed +y law, +ut the #enator or >em+er o4 the House o4 0epresentatives thus
elected shall serve only 4or the unexpired term.
Salaries5Section 10% "rticle D8The salaries o4 #enators and >em+ers o4 the House
o4 0epresentatives shall +e determined +y law. %o increase in said compensation shall
ta"e e44ect until a4ter the expiration o4 the 4ull term o4 all the >em+ers o4 the #enate and
the House o4 0epresentatives approving such increase.
Inibitions and Proibitions:
a. Incom&atible office5may not hold office or employment in government
during his term without forfeiting his seat6
b. 8orbidden office5may not be appointed to any office created or
compensation thereof increased during the term for which he was elected.
<Sec. 1&% "rticle D8=
c. Cannot appear as counsel before any court or before the ,lectoral Tribunals%
Huasi#4udicial or other administrative bodies6
d. Shall not% directly or indirectly% be financially interested in any contract with%
franchise or special privilege granted by the government6
e. Shall not intervene in any matter before any office in government for his
pecuniary benefit or where he may be called upon to act on account of his
office <Sec. 1(% "rticle D8=.
"-N8LI". -8 IN.3R3S.5all members of the Senate and the E* shall% upon
assumption of office% ma>e a full disclosure of their financial and business interests.
They shall notify the Eouse concerned of a potential conflict of interest that may arise
from the filing of a proposed legislation of which they are author.
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12!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Incom&atible -ffice5no Senator or member of the Eouse of epresentatives may
hold any other office or employment in the Bovernment% or any subdivision% agency% or
instrumentality thereof% including government#owned or controlled corporations or their
subsidiaries% during his term without forfeiting his seat.
The purpose is to prevent him from owing loyalty to another branch of the
government% to the detriment of the independence of the legislature and the doctrine of
separation of powers.
The prohibition is not absolute% what is not allowed is the simultaneous holding of
that office and the seat in the Congress. "ny legislator may hold another office or
employment in the government provided he forfeits his position in the Congress.
?orfeiture of the legislator7s seat% or cessation of his tenure% shall be automatic
upon holding of the incompatible office.
8orbidden -ffice5no Senator or member of the Eouse of epresentatives shall be
appointed to any office% which may have been created% or the emoluments thereof
increased during the term for which he was elected.
:ith this% even if the member of the Congress is willing to forfeit his seat therein%
he may not be appointed to any office in the government that has been created or the
emoluments thereof have been increased during his term. Such a position is forbidden
office. The purpose is to prevent traffic>ing in public office.
The provision does not apply to elective offices.
The appointment of the member of the Congress to the forbidden office is not
allowed only during the term for which he was elected% when such office was created or
its emoluments were increased. "fter such term% and even if the legislator is reelected%
the disHualification no longer applies and he may therefore be appointed to the office.
Privile%es:
a. 8reedom from arrestwhile Congress is in session for offense punished by
not more than 2 years imprisonment <"rticle 1(+% )C6 Sec. 11% "rt. D8=
b. S&eec and 1ebate clausenot to be Huestioned nor held liable in any
other place for any speech or debate in Congress or in any committee
thereof. <Section 11% "rticle D8=
<See discussion under )arliamentary 8mmunity=
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12&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
-"om&osition and 9ualificationsthey are e$clusive under the principle of expressio
unios est exclusio alterius, with the result that it is not competent for the Congress to
provide by mere legislation for additional Hualifications no matter how relevant they may
be. (Gustice )sagani ru7, Philippine Political &aw)
8n :arcos vs. CB:ELEC, ,4< SCR !++, the Court upheld the Hualification of
8melda 'arcos% despite her own declaration in her certificate of candidacy that she had
resided in the district for only seven </= months% because of the following;
a. " minor follows the domicile of his parents6 Tacloban became her domicile of
origin by operation of law when her father brought their family to Leyte6
b. 3omicile of origin is lost only when there is actual removal or change of
domicile% a bona fide intention of abandoning the former residence and
establishing a new one% and acts which correspond with the purpose6 in the
absence of clear and positive proof of the concurrence of all these% the
domicile of origin should be deemed to continue6
c. The wife does not automatically gain the husband7s domicile because the
term @residenceA in Civil Law does not mean the same thing in )olitical Law6
when 'rs. 'arcos married ?erdinand 'arcos in 1-+(% she >ept her domicile
of origin and merely gained a new home% not a domicilium necessariumF
d. ,ven assuming that she gained a new domicile after her marriage and
acHuired the right to choose a new one only after her husband died% her acts
following her return to the country clearly indicate that she chose Tacloban%
her domicile of origin% as her domicile of choice.
Co$uilla vs. CB:ELEC, (.R. )o. 1;1914, Culy !1, ,++,, the SC ruled that he
petitioner had not been a resident of *ras% ,astern Samar% for at least one year prior to
the 'ay 1(% !001 elections. "lthough *ras was his domicile of origin% petitioner lost the
same when he became a 5S citizen after enlisting in the 5S 9avy. ?rom then on% until
9ovember 10% !000% when he re#acHuired )hilippine citizenship through repatriation%
petitioner was an alien without any right to reside in the )hilippines.
8n Caasi vs. CB:ELEC, it was held that the immigration to the 5S by virtue of the
acHuisition of a @green cardA constitutes abandonment of domicile in the )hilippines.
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12(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
R3P4!LI" $". JKI65
$N $". PR-;I1IN= 8-R .23 3L3".I-N -8 P$R.>(LIS. R3PR3S3N.$.I;3S
.2R-4=2 .23 P$R.>(LIS. S>S.3,, $N1 $PPR-PRI$.IN= 84N1S .23R38-R
Nature of Part*(List S*stem
1. The party#list system is a social tool designed not only to give more law to the great
masses of our people who have less in life% but also to enable them to become
veritable lawma>ers themselves% empowered to participate directly in the enactment
of laws designed to benefit them. 8t intends to ma>e the marginalized and the
underrepresented not merely passive recipients of he State7s benevolence% but
active participants in he mainstream of representative democracy. Thus% allowing all
individuals and groups% including those which now dominate district elections% to
have the same opportunity to participate in party#list elections would desecrate this
lofty ob4ective and mongrelize the social 4ustice mechanisms into an atrocious
veneer for traditional politics.
!. Crucial to the resolution of this case is the fundamental social 4ustice principle that
those who have less in life should have more in law. The party#list system is one
such tool intended to benefit those who have less in life. 8t gives the great masses of
our people genuine hope and genuine power. 8t is a message to the destitute and
the pre4udiced% and even those in the underground% that change is possible. 8t is an
invitation for them to come out of their limbo and seize the opportunity.
Clearly% therefore% the Court cannot accept the submissions $$$ that the party#list
system is% without any Hualification% open to all. Such position does not only wea>en
the electoral chances of the marginalized and underrepresented6 it also pre4udices
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12+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
them. 8t would gut the substance of the party#list system. 8nstead of generating hope%
it would create a mirage. 8nstead of enabling the marginalized% it would further
wea>en them and aggravate their marginalization. (ng Gagong GayaniAB&8
Labor 1arty vs. CB:ELEC, (.R. )o. 14";<9, Cune ,*, ,++1#
Inviolable &arameters to determine te winners in Part*(List election:
1. The .went* Percent (20N+ $llocationthe combined number of all party#list
congressmen shall not e$ceed twenty percent <!0J= of the total membership of
the Eouse of epresentative% including those elected under the party#list6
!. The .wo Percent (2N+ .resold5only those garnering a minimum of !J of
the total valid votes cast for the party#list system are Hualified to have a seat in
the E*6
&. The Tree (:+ Seat Limit5each Hualified party% regardless of the number of
votes it actually obtained% is entitled to a ma$imum of & seats6 that is% one <1=
Hualifying and two <!= additional seats.
(. The Pro&ortional Re&resentation5the additional seats which a Hualified party
is entitled to shall be computed @in proportion to their total number of votesA.
(Veterans &e3eration 1arty vs. CB:ELEC, (.R. )o. 1!*"<1, Bctober *,
,+++#
=uidelines for Screenin% Part*(List Partici&ants
1. The political party% sector% organization or coalition must represent the
marginalized and underrepresented groups identified in Section + of " /-(1. 8n
other wordsit must show in its constitution% by#laws% articles of incorporation%
history% platform of government and trac> recordthat it represents and see>s to
uplift marginalized and underrepresented sectors. Derily% ma4ority of its
membership should belong to the marginalized and underrepresented. "nd it
must demonstrate that in a conflict of interest% it has chosen or li>ely to choose
the interest of such sectors.
!. They must comply with the declared statutory policy of enabling @?ilipino citizens
belonging to marginalized and underrepresented sectors $ $ $ to be elected to
the Eouse of epresentatives.A 8n other words% while they are not disHualified
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122
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
merely on the ground that they are political parties% they must show% however%
that they represent the interests of the marginalized and underrepresented.
&. 8n view of the ob4ections directed against the registration of 3ng Buhay Hayaang
Huma+ong% which is allegedly a religious group% the Court notes the e$press
constitutional provision that the religious sector may not be represented in the
party#list system. The prohibition is on any religious organization registering as
political party not against a priest running as a candidate.
(. " party or organization must not be disHualified under section 2 of " /-(1
which enumerates the grounds for disHualification.
+. The party or organization must not be an ad4unct of% or a pro4ect organized or an
entity funded or assisted by the government. The party or organization must be a
group of citizens% organized by citizens and operated by citizens. 8t must be
independent of the government.
2. The party must not only comply with the reHuirements of the law6 its nominees
must li>ewise do so6
/. 9ot only the candidate party or organization must represent marginalized and
underrepresented sectors6 so also must its nominees6 and
.. The nominee must li>ewise be able to contribute to the formulation and
enactment of appropriate legislation that will benefit the nation as a whole. <ng
Gagong GayaniFB&8 Labor 1arty vs. CB:ELEC, (.R. )o. 14";<9, Cune
,*, ,++1#
?lat vs. CB:ELEC, (.R. )o. 1*,,+!, %ril ,4, ,++4, the C*',L,C has the
power to promulgate the necessary rules and regulations to enforce and administer
election laws. This power includes the determination% within the parameters fi$ed by
law% of appropriate periods for the accomplishment of certain pre#election acts li>e filing
petitions for registration under the party#list system. This is e$actly what the C*',L,C
did when it issued its esolution 9o. 2&!0 declaring September &0% !00&% as the
deadline for filing petitions for registration under the party#list system.
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12/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Choosing )arty#List epresentativesthey are proclaimed by the C*',L,C based on
the list of names submitted by the respective parties% organizations or coalitions to the
C*',L,C according to their ran>ing in the list.
,ffect of change of affiliation
"ny elected party#list representative who changes his political party or sectoral
affiliation during his term of office sall forfeit is seat6 provided that if he changes his
political party or sectoral affiliation within 2 months before an election% he shall not be
eligible for nomination as party#list representative under his new party or organization.
Dacancy; 8n case of vacancy in the seat reserved for party#list representatives% the
vacancy shall be automatically filled by the ne$t representative from the list of nominees
in the order submitted to the C*',L,C by the same party% organization or coalition%
who shall serve for the une$pired term. 8f the list is e$hausted% the party% organization or
coalition concerned shall submit additional nominees.
CitiEenJs Gattle gainst Corru%tion (C.GC# vs. CB:ELEC, (.R. )o. 1",1+!, %ril
1!, ,++", the correct formula in ascertaining the entitlement to additional seats of the
first party and other Hualified party#list groups was clearly e$plicated in Deterans
wherein the multiplier used was the @number of additional seats allocated to the first
party.A
- L$!- 1-".RIN3doctrine of the re4ection of the second placernot applicable in
)arty#List System
"pportionment of legislative 3istricts; <Section +% paragraphs & and (% "rticle D8=
,ach legislative district shall comprise% as far as practicable% conti%uous%
com&act% and adBacent territor*. ,ach city with a population of at least two hundred
fifty thousand <!+0%000=% or each province% shall have at least one representative. This
is intended to prevent %err*manderin%)
=err*manderin%5the creation of representative districts out of separate
portions of territory in order to favor a candidate.
:ithin three <&= years following the return of every census% the Congress shall
ma>e a reapportionment of legislative districts based on the standards provided in this
section.
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12.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
:ariano vs. CB:ELEC, (.R. )o. 11<*,", :arc0 ", 199;, the Court held that the
Constitution does not preclude Congress from increasing its membership by passing a
law other than a general apportionment law. 8n fact% in /obias vs. balos, ,!9 SCR
1+*, the case involved the division of San 1uan and 'andaluyong into two <!=
representative districts. :ith the elevation of 'andaluyong from municipality into a
highly urbanized city% both 'andaluyong and San 1uan were recognized by " /2/+ as
distinct representative districts. This was challenged on the ground that " /2/+ did not
mention any census indicating that San 1uan and 'andaluyong had the minimal
reHuirement of !+0%000 inhabitants needed to constitute a district. 9either did the
challengers% however% give any evidence that the respective populations of each of the
two political units were less than the number reHuired. Eence the court presumed that
Congress had made due consideration of the minimum reHuirement. 8t ruled that
reapportionment of legislative districts may be made through a special law. To hold that
reapportionment can be made only through a general law would create an ineHuitable
situation where a new city or province created by Congress will be denied legislative
representation for an indeterminate period of time. That intolerable situation would
deprive the people in the city or province a particle of that sovereignty. Sovereignty
cannot admit subtraction6 it is indivisible. 8t must be forever whole or it is not
sovereignty.
8n :onte4o vs. CB:ELEC, it was held that while concededly the conversion of Biliran
into a regular province brought about an imbalance in the distribution of voters and
inhabitants in the + districts of Leyte% the issue involves reapportionment of legislative
districts% and )etitioner7s remedy lies with Congress. This Court cannot itself ma>e the
reapportionment as petitioner would want.
S3SSI-NS <Section 1(% "rticle D8=
1. Re%ular5convene once every year. The (
th
'onday of 1uly until &0 days before
the start of new regular session <Section 1(% "rticle D8=ad4ournment is allowed
&0 days before the opening of its ne$t regular sessionthis is compulsory6
2) S&ecial5
a. Called by the )resident <Sec. 1+% "rticle D8=the )resident has the power
to call special session6 without the call of )residentimpeachment
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12-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
b. 3ue to a vacancy in the offices of the )resident and D) at 10;00 am on
the &
rd
day after the vacancies <Sec. 10% "rticle D88=
c. 3ecide on the disability of the )resident because the ma4ority of all the
members of the Cabinet has disputed his assertion that he is able to
discharge the powers and duties of his office <Section 11% par. &% "rticle
D88=
d. To revo>e or e$tend the )residential )roclamation of 'artial Law or
suspension of the :rit of Eabeas Corpus <Section 1.% article D88=
&. ?oint5
a. Doting separately
i. Choosing the )resident <Section (% "rticle D88=6
ii. 3etermine the )resident7s disability <Section 11% "rticle D88=6
iii. Confirming nomination of Dice#)resident <Section -% "rticle D8=6
iv. 3eclaring e$istence of state of war <Section !&% "rticle D8=6 and
v. )roposing constitutional amendments <Section 1% "rticle CD88=.
b. Doting 4ointly
i. To revo>e or e$tend proclamation suspending the privilege of writ
of habeas corpus <Section 1.% "rticle D88=6 and
ii. To revo>e or e$tend declaration of martial law <Section 1.% "rticle
D88=.
(. $dBournment59either Chamber during session% without consent of the other%
ad4ourn for more than & days% nor any other place than that in which the two
Chambers shall be sitting <Section 12% par. +% "rticle D8=
$dBournment Sine 1ie5the interval between the session of one Congress and that of
another6 congress must @stop the cloc>A at midnight of the last day of session in order to
validly pass a law
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1/0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The Senate is a continuing body while the Eouse is not.
1IS"IPLIN3 -8 ,3,!3RS (Section 6H, &ar) :, $rticle ;I+
,ach house may punish its members for disorderly behavior and% with
concurrence of !I& of all its members% suspend <for not more than 20 days= or e$pel a
member.
The interpretation of disorderly behavioris the prerogative of the Eouse
concerned and cannot be 4udicially reviewed.
8n Bsme>a vs. 1en3atun, 1+9 10il <*!, the determination of the acts which
constitutes disorderly behavior is within the full discretionary authority of the Eouse
concerned% and the Court will not review such determination% the same being a political
Huestion.
'embers of Congress may also be suspended by the Sandiganbayan or by the
*ffice of the *mbudsman. (1are3es vs. Sn3iganbayan, (. R. )o. 11<!*4, ugust
1+, 199;= Santiago vs. San3iganbayan, (.R. )o. 1,<+;;, %ril 1<, ,++1#
The suspension in the Constitution is different from the suspension prescribed in
R$ :06K% "nti#Braft and Corrupt )ractices "ct. The latter is not a penalty but a
preliminary preventive measure and is not imposed upon the petitioner for misbehavior
as a member of Congress. (1are3es vs. San3iganbayan, (.R. )o. 11<!*4, ugust
1+, 199;#
8n :iriam @e5ensorASantiago vs. San3iganbayan, (.R. )o. 1,<+;;, %ril 1<,
,++1, Section 1& of " &01- <where it appears to be a ministerial duty of the court to
issue the order of suspension upon a determination of the validity of the criminal
information filed before it= does not state that the public officer should be suspended
only in the office where he is alleged to have committed the acts charged. ?urthermore%
the order of suspension provided in " &01- is distinct from the power of Congress to
discipline its own ran>s. 9either does the order of suspension encroach upon the power
of Congress. The doctrine of separation of powers% by itself% is not deemed to have
effectively e$cluded the members of Congress from " &01- or its sanctions.
P$RLI$,3N.$R> I,,4NI.>
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1/1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
" Senator or member of the E* shall% in all offenses punishable by not more
than 2 years imprisonment% be privileged from arrest while the Congress is in session.
9o member shall be Huestioned nor be held liable in any other place for any speech or
debate in the Congress or in any other committee thereof.
Two <!= Finds;
a. 8reedom from arrest or detentionwhile Congress is in session for
offense punished by not more than 2 years imprisonment <"rticle 1(+% )C6
Sec. 11% "rt. D8=it is intended to ensure representation of the constituents of
the member of the Congress by preventing attempts to >eep him from
attending its sessions. The present Constitution adheres to the restrictive rule
minus the obligation of Congress to surrender the 'ember of the Eouse of
epresentatives to the custody of law. The reHuirement that he should be
attending sessions or committee meetings has also been removed. ?or
relatively minor offenses% it is enough that Congress is in session. (1eo%le
vs. Calos4os, !,4 SCR *<9, &ebruary ,+, ,+++#
Ein sessionF5not day to day6 refers to the entire duration of the session from
its opening until its ad4ournment.
b. S&eec and 1ebate clausenot to be Huestioned nor held liable in any
other place for any speech or debate in Congress or in any committee
thereof. <Section 11% "rticle D8=it enables the legislator to e$press views
bearing upon the public interest without fear of accountability outside the halls
of the legislature for his inability to support his statements with the usual
evidence reHuired in the court of 4ustice.
@in an* oter &laceAbut not in the Senate or Congress itself
Section 6H, &ar) :, $rticle ;I5,ach Eouse may determine the rules of its
proceedings% punish its 'embers for disorderly behavior% and% with the
concurrence of !I& of all its members% suspend or e$pel a 'ember. " penalty of
suspension% when imposed% shall not e$ceed 20 days.
1eo%le vs. Calos4os, !,4 SCR *<9, the immunity from arrest or detention of
Senators and 'embers of the E* arises from a provision of the Constitution. The
history of the provision shows that the privilege has always been granted in a restrictive
sense. The provision granting an e$emption as a special privilege cannot be e$tended
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1/!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
beyond the ordinary meaning of its term. 8t may not be e$tended by intendment%
implication or eHuitable considerations. $ $ $
Because of the broad coverage of felony and breach of the peace% the e$emption
applied only to civil arrests. " congressman li>e the accused#appellant% convicted under
Title 11 of the evised )enal Code could not claim parliament immunity from arrest. Ee
was sub4ect to the same general laws governing all persons still to be tried or whose
convictions were pending appeal.
The present Constitution adheres to the same restrictive rule minus the obligation
of Congress to surrender the sub4ect Congressman to the custody of law. The
reHuirement that he should be attending sessions or committee meetings has also been
removed. ?or relatively minor offenses% it is enough that Congress is in session.
"ccused#appellant argues that a member of Congress7 function to attend
sessions is underscored by Section 6H (2+, $rticle ;I of te "onstitution which states
that
(2) 3 majority o4 each House shall constitute a 9uorum to do +usiness, +ut
a smaller num+er may adjourn 4rom day to day and may compel the
attendance o4 a+sent >em+ers in such manner, and under such
penalties, as such House may provide.
Eowever% the accused#appellant has not given any reason why he should be
e$empted from the operation of Section 11% "rticle D8. The members of Congress
cannot compel absent members to attend sessions if the reason for absence is
legitimate a one. The confinement of a Congressman charged with a crime punishable
by imprisonment of more than 2 years is not merely authorized by law% it has
constitutional foundations.
:hen the voters of his district elected the accused#appellant to Congress% they
did so with full awareness of the limitations on his freedom of action. They did so with
the >nowledge that he could achieve only such legislative results which he could
accomplish within the confines of prison. To give a more drastic illustration% if voters
elect a person with full >nowledge that he is suffering from a terminal illness% they do so
>nowing that any time% he may no longer serve his full term in office.
3D3"4.I;3 PRI;IL3=3L ;arieties of:
8t is the power of the government to withhold information from the public% the
courts% and the Congress. (#chwart7)
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1/&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8t is also the right of the )resident and high#level e$ecutive branch officers to
withhold information from Congress% the courts% and ultimately the public. (0o7ell)
1. State secret privilegeinvo>ed by )residents on the ground that the
information is of such nature that its disclosure would subvert crucial military
or diplomatic ob4ective.
!. 8nformer7s privilegeprivilege of the government not to disclose the identity of
persons who furnish information in violations of law to officers charged with
the enforcement of the law.
&. Beneric privilegefor internal deliberations has been said to attach to intra#
governmental documents reflecting advisory opinions% recommendations and
deliberations comprising part of a process by which governmental decisions
and policies are formulated.
8n determining the validity of a claim of privilege% the Huestion that must be as>ed
is not only whether the reHuested information falls within one of the traditional privileges%
but also whether that privilege should be honored in a given procedural setting.
Senate vs. Ermita, (.R. )o. 1*9""", %ril ,+, ,++*, e$ecutive privilege%
whether asserted against Congress% the courts% or the public% is recognized only in
relation to certain types of information of a sensitive character. :hile e$ecutive privilege
is a constitutional concept% a claim thereof may be valid or not depending on the ground
invo>ed to 4ustify it and the conte$t in which it is made. 9oticeably absent is any
recognition that e$ecutive officials are e$empt from the duty to disclose information by
the mere fact of being e$ecutive officials. 8ndeed% the e$traordinary character of the
e$emptions indicates that the presumption inclines heavily a%ainst e$ecutive secrecy
and in favor of disclosure.
=eneral rule: 38SCL*S5,<policy on transparency=
37ce&tions: 3isclosure would subvert crucial diplomatic or military ob4ective.
6) Supreme Court
2) ,$ecutive Secretary
:) )residentmust invo>e e$ecutive privilege
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1/(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1RB/BCBL @E CLB/UREFa final act6 an instrument which records the winding up of
the proceedings of a diplomatic conference and usually includes a reproduction of the
te$t of treaties% conventions% recommendations and other acts agreed upon and signed
by the plenipotentiaries attending the conference. 8t is not the treaty itself. 8t is rather a
summary of the proceedings of a protracted conference which may have ta>en place
over several years. 8t will not reHuire the concurrence of the Senate. The documents
contained therein are deemed adopted without need for ratification. (/a>a3a vs.
ngara, ,", SCR 1<, 199"#
"ommission on $&&ointments5<Section 1.% "rticle D8=
The Commission is independent of the two Eouses of Congress6 its employees
are not% technically% employees of Congress. 8t has the power to promulgate its own
rules of proceedings.
Powers: "ct on all appointments submitted to it within &0 session days of Congress
from their submission6 to act on )residential appointments6 has power to promulgate its
own rules of proceedings.
Composition;
Senate )residentacts as ,$#*fficio Chairman
1! Senators and 1! 'embers of the Eouse of epresentatives% elected by each house
on the basis of proportional representation from the political parties and organizations
registered under the party#list system represented therein.
Chairman shall not vote e7ce&t in case of a tie.
8n (uingona vs. (onEales, ,14 SCR "<9, a political party must have at least
two <!= elected senators for every seat in the Commission on "ppointments. Thus%
where there are two or more political parties represented in the Senate% a political
partyIcoalition with a single senator in the Senate cannot constitutionally claim a seat in
the Commission on "ppointments. 8t is not mandatory to elect 1! senators to the
Commission6 what the Constitution reHuires is that there must be at least a ma4ority of
the entire membership.
P-/3RS -8 "-N=R3SS
Classification;
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1/+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
6) L3=ISL$.I;35
Beneral plenary power6
Specific power of appropriation6
.a$ation and e$propriation6
Legislative investigations <Section !1% "rt. D8=6 and
Puestion hour <Section !!% "rt. D8=.
!. N-N(L3=ISL$.I;35includes power to;
Canvass presidential election <Section (% "rt. D88=6
3eclare the e$istence of state of war <Section !&% par.1% "rt. D8=6
,$ercise delegation of emergency powers6
Call special election for )resident and D) <Section 10% "rt. D88=6
Bive concurrence to treaties and amnesties <Sections 1- and !1% "rt. D88=6
)ropose constitutional amendments <constituent power= <Sections 1#!% "rt. CD88=6
Confirm certain appointments <Section - and 12% "rt. D88=6
8mpeach <Section !% "rt. C8=6
3ecide the disability of )resident because ma4ority of the Cabinet disputes his
assertion that he is able to discharge his duties <Section 11% "rt. D88=6
evo>e or e$tend proclamation of suspension of privilege of writ of habeas corpus or
declaration of martial law <Section 1.% "rt. D88=6
Set the rules regarding the utilization of natural resources <Section !% "rt. C88=.
Limitations on the )owers of Congress;
1. S5BST"9T8D,
a. ,$press;
i. Bill of ights <"rticle 888=6
ii. *n "ppropriations <Sections !+ and !- paragraphs 1 and !% "rticle D8=6
iii. *n ta$ation <Sections !. and !-% paragraph &% "rticle D8=6
iv. *n Constitutional appellate 4urisdiction of SC <Section &0% "rticle D8=6
v. 9o law granting title of royalty or nobility shall be passed <Section &1%
"rticle D8=6
vi. 9o specific funds shall be appropriated or paid for use or benefit of any
religion% sect% etc.% e$cept for priests% etc.% assigned to "?)% penal
institutions% etc. <Sections !-% paragraph !% "rticle D8=.
b. 8mplied;
i. )rohibition against irrepealable laws6
ii. 9on#delegation of powers.
!. )*C,35"L
a. *nly one sub4ect % to be stated in the title of the bill <Sec. !2% par. 1% "rticle D8=6
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1/2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
b. Three <&= readings on separate days6 printed copies of the bill in its final form
distributed to members & days before its passage% e$cept if )resident certifies to
its immediate enactment to meet a public calamity or emergency6 upon its last
reading% no amendment allowed and the vote thereon ta>en immediately and the
yeas and nays entered into the 1ournal <Section !2% paragraph !% "rticle D86
c. "ppropriation% revenue and tariff bills shall originate e$clusively in the Eouse of
epresentatives.
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1//
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
2ow a bill becomes a law@
1. "pproved and signed by the )resident6
!. )residential veto overridden by !I& votes of all the members of both Eouses6
&. ?ailure of the )resident to veto the bill and to return it with his ob4ections to the
Eouse where it originated% within &0 days after the date of receipt6
(. " bill calling a special election for )resident and Dice#)resident under Section
10% "rticle D88 becomes a law upon third and final reading.
!ills e7clusivel* ori%inated in te 2ouse of Re&resentative: ($PRIL+
1. $ppropriation bills6
!. Private bills6
&. Revenue or tariff bills6
(. Bills authorizing Increase in public debts6 and
+. Bills of Local application.
Eowever% although these bills are reHuired to originate e$clusively in the Eouse
of epresentatives% the Senate may propose or concur with amendments (Sec) 2I, $rt)
;I+. "mendments may include amendments by substitution. (/olentino vs. Secretary
o5 &inance#
:hat is reHuired to originate e$clusively in the Eouse of epresentatives is the
bill% not the law itself. (/olentino vs. Secretary o5 &inance#
-8f the nays prevail% then it is about time that a new bicameral committee be
created until the bill will be accepted by both houses. <Bill is not >illed.=
-8f yeas prevail% the bill is signed by the ,$ecutive Secretary.
Two <!= ules to be observedSection !2% "rticle D8;
1. *ne <1= sub4ect% *ne <1= Title uleto prevent RI13RS5totally unrelated matters
!. Three <&= eadings on Separate 3ays
37ce&t: when the )resident certifies to the necessity of the immediate enactment of
the bill to meet the public calamity and emergency political Huestionnot sub4ect to
4udicial review
Section 2H (&ar) 6+, $rticle ;I5every +ill passed +y the ongress shall em+race only
one su+ject which shall +e expressed in the title thereo4.
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1/.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The ob4ectives of the above provision are;
1. To prevent hodge#podge or log#rolling legislation6
!. To prevent surprise or fraud upon the legislature by means of provisions in
bills of which the titles gave no information% and which might therefore be
overloo>ed and carelessly and unintentionally adopted6 and
&. To fairly appraise the people% through such publication of legislative
proceedings as is usually made% of the sub4ects of legislation that are being
considered% in order that they may have opportunity of being heard thereon by
petition or otherwise if they shall so desire.
-Literal interpretationthe sub4ect or title need not be an inde$ or catalogue. 8t must be
germane and related to the sub4ect matter.
gri%ino . @e (uEman, Cr., et al. vs. CB:ELEC, (.R. )o. 1,911<, Culy 19, ,+++,
Section !2 <1=% "rticle D8 is sufficiently complied with where the title is comprehensive
enough to embrace the general ob4ective it see>s to achieve% and if all the parts of the
statute are related and germane to the sub4ect matter embodied in the title or so long as
the same are not inconsistent with or foreign to the general sub4ect and title.
Section 2H, &ar) 2 of $rticle ;I5%o +ill passed +y either House shall +ecome a law
unless it has passed three readings on separate days, and printed copies thereo4 in its
4inal 4orm have +een distri+uted to its >em+ers three days +e4ore its passage, except
when the President certi4ies to the necessity o4 its immediate enactment to meet a
pu+lic calamity or emergency.
3NR-LL31 !ILL 1-".RIN3
8t is one duly introduced and finally passed by both houses% authenticated by the
proper officer of each% and approved by the )resident. 8t is conclusive upon the courts
as regards the tenor of the measure passed by Congress and approved by the
)resident.
*nce the bill becomes an enrolled bill% it is conclusive upon the court of its due
enactment. Courts may no longer validly inHuire into the bill because of the doctrine of
separation of powers.
Casco (10il# C0emical Co. vs. (imeneE, " SCR !4", if a mista>e was made
in the printing of the bill before it was certified by Congress and approved by the
)resident% the remedy is amendment or corrective legislation% not a 4udicial decree.
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1/-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The enrolled bill rule rests on the following considerations;
x x x 3s the President has no authority to approve a +ill no passed +y
ongress, an enrolled act in the custody o4 the #ecretary o4 #tate, and having
the o44icial attestations o4 the #pea"er o4 the House o4 0epresentatives, o4 the
President o4 the #enate, and o4 the President o4 the $nited #tates, carries, on its
4ace, a solemn assurance +y the legislative and executive departments o4 the
government, charged, respectively, with the duty o4 enacting and executing the
laws, that it was passed +y the ongress. the respect due to co!e9ual and
independent departments re9uires the judicial department to act upon the
assurance, and to accept, as having passed ongress, all +ills authenticated in
the manner statedF leaving the court to determine, when the 9uestion properly
arises, whether the 3ct, so authenticated, is in con4ormity with the onstitution.
(:ars0all &iel3 I Co. vs. Clar?, 14! US *49#
!I"$,3R$L "-N83R3N"3 "-,,I..33the mechanism for compromising
differences between the Senate and the Eousecapable of producing une$pected
resultbill will have to be sent bac> to both houses and sub4ect to votation.
" conference committee may deal generally with the sub4ect matter or it may be
limited to resolving the precise differences between the two houses. ,ven where the
conference committee is not by rule limited in its 4urisdiction% legislative custom severely
limits the freedom with which new sub4ect matter can be inserted in to the conference
bill. But occasionally it produces une$pected results% results beyond its mandate. These
e($cursions occurs even where the rules impose strict limitations on conference
committee 4urisdiction. This is symptomatic of an authoritarian power of conference
committee. (10ili%%ine Cu3ges ssociation vs. 1ra3o, ,," SCR "+!, )ovember
11, 199!#
1-".RIN3 -8 S2I8.IN= ,$?-RI.>5
?or each house to pass a bill% only the votes of the ma4ority of those present in
the session% there being a Huorum% is reHuired.
9uorum5" ma4ority of each Eouse% but a smaller number may ad4ourn from day to day
and may compel the attendance of absent members in such manner and under such
penalties as such house may determine.
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1.0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
velino vs. Cuenco, <! 10il 1", the basis in determining the e$istence of a
Huorum in the Senate shall be the total number of Senators who are in the country and
within the coercive 4urisdiction of the Senate.
rroyo vs. @e Venecia, (.R. )o. 1,",;;, Cune ,*, 199<, the SC declared that
the Huestion of Huorum cannot be raised repeatedly% especially when a Huorum is
obviously present for the purpose of delaying the business of the Eouse.
L3=ISL$.I;3 ?-4RN$L5regarded as conclusive with respect to matters that are
reHuired by the Constitution to be recorded therein. :ith respect to other matters% in the
absence of evidence to the contrary% the 4ournals have also been accorded conclusive
effects. Thus% in US vs. 1ons% this Court spo>e of the imperatives of public policy for
regarding the 1ournals as @public memorials of the most permanent character%A thus;
@They should be public% because all are reHuired to conform to them6 they should be
permanent% that rights acHuired today upon the faith of what has been declared to be
law shall not be destroyed tomorrow% or at some remote period of time% by facts resting
only in memory of individuals. (rroyo vs. @e Venecia, ,"" SCR ,*<#
'atters that are reHuired to be entered on the 1ournal;
1. The yeas and nays on the &
rd
and final reading of a bill6
!. The yeas and nays on any Huestion% at the reHuest of 1I+ of the members
present6
&. The yeas and nays upon re#passing a bill over the )resident7s veto6 and
(. The )resident7s ob4ection to a bill he had vetoed. (rroyo vs. @e Venecia, ,""
SCR ,*<#
?ournal entr* vs) enrolled bill5
,nrolled bill prevails% e$cept to matters% which under the Constitution% must
entered into the 1ournal. (:orales vs. Subi3o, ,* SCR 1;+#
)resident7s *ptions;
1. Sign and the bill becomes a law.
!. Detoes the bill% it does not become a law.
!I& votes of all its 'embers <for Congress to override=
&. 8nactionthe bill automatically becomes a law within &0 days upon receipt of the
bill from Congress.
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1.1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
-There is no such thing as @poc>et vetoA here in the )hilippines because inaction by
the )resident for &0 days never produces a veto even if Congress is in recess. The
)resident must still act to veto the bill and communicate his veto to the Congress
without need of returning the vetoed bill with his veto message.
)oc>et veto occurs when;
a. The )resident fails to act on the bill6
b. The reason he does not return the bill to the Congress is that Congress is not
in session.
PR3SI13N.I$L ;3.-5
;3.-5Section !/% "rticle D8
1. =eneral veto of te President5paragraph 1 of Section !/% "rticle D8
!. Item0Line veto of te President5paragraph ! of Section !/% "rticle D8
The act of the ,$ecutive in vetoing the particular provisions is an e$ercise of a
constitutionally vested power. But even as the Constitution grants the power% it also
provides limitations to its e$ercise. The veto power is not absolute.
$ $ $
The *SB is correct when it states that the ,$ecutive must veto a bill in its
entirety or not at all. Ee or she cannot act li>e an editor crossing out specific lines%
provisions% or paragraphs in a bill that he or she disli>es. 8n the e$ercise of the veto
power% it is generally veto% however% when it comes to appropriation% revenue or tariff
bills% the "dministration needs the money to run the machinery of the government and it
can not veto the entire bill even if it may contain ob4ectionable features. The )resident
is% therefore% compelled to approve into law the entire bill% including its undesirable
parts. 8t is for this reason that the Constitution has wisely provided the @item veto powerA
to avoid ine$pedient riders being attached to an indispensable appropriation or revenue
measures.
The Constitution provides that only a particular item or items may be vetoed. The
power to disapprove any item or items in an appropriation bill does not grant the
authority to veto a part of an item and to approve the remaining portion of the same
item. (GengEon vs. @rilon, ,+< SCR 1!!, %ril 1;, 199,#
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1.!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
=eneral rule: SelectiveIpartial veto is not allowed. The )resident may not veto a
provision of the bill without vetoing the wholeIentire bill itself.
37ce&tion: )aragraph ! of Section !/% "rticle D88temILine veto
*nly $ppropriation% Revenue and .ariff Bills <"T=selective veto is
allowed here &rovided the vetoed bill shall not affect the items which was not vetoed.
Item5efers to the particulars% the details% the distinct and severable parts of the bill. 8t
is an indivisible sum of money dedicated to a stated purpose.
37ce&tions to te 37ce&tion:
6) 1-".RIN3 -8 IN$PPR-PRI$.3 PR-;ISI-N5Section !+ <!=% "rticle D8
" provision that is constitutionally inappropriate for an appropriation bill may be
singled out for veto even if it is not an appropriation or revenue item.
8t was invo>ed in the case of (onEaleE vs. :acaraig wherein )resident "Huino
vetoed a provision of the general appropriation bill. The Supreme Court ruled in favor of
the veto power of the )resident. Section !+ <!=% "rticle D89o provision or enactment
shall be embraced in the general appropriation bill unless it relates specifically to some
particular appropriation therein.8tems which the )resident does not ob4ect% otherwise it
becomes an inappropriate provisionit may be treated as an item5sub4ect to the item
veto of the )resident.
2) 37ecutive Im&oundment5refusal of the )resident to spend funds already
allocated by Congress for specific purpose. 8t is the failure to spend or obligate
budget authority of any type. This power is derived from Section &. of the
"dministrative Code of 1-./ on suspension.
"ppropriation eserves
Section &/ of the "dministrative Code authorizes the Budget Secretary to
establish reserves against appropriations to provide for contingencies and
emergencies which may arise during the year. This is merely e$penditure
deferral% not suspension% since the agencies concerned can still draw on the
reserves if the fiscal outloo> improves.
:) Le%islative ;eto5a congressional veto is a means whereby the legislature can
bloc> or modify administrative action ta>en under a statute. 8t is a form of
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1.&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
legislative control in the implementation of particular e$ecutive action. The form
may either be;
a. 9egativesub4ecting the e$ecutive action to disapproval by Congress6 or
b. "ffirmativereHuiring approval of the e$ecutive action by Congress.
" congressional veto is sub4ect to serious Huestions involving the separation of
powers.
-Local Chief ,$ecutives have veto power e$cept the )unong Barangay.
P-/3R -8 $PPR-PRI$.I-N5
The spending power% called the @power of purseA belongs to the Congress%
sub4ect only to the veto power of the )resident. it carries with it a power to specify the
pro4ect or activity to be funded under the appropriation law.
$&&ro&riations Law5" statute% the primary and specific purpose of which is to
authorize release of public funds from the treasury.
The e$istence of appropriations and the availability of funds are indispensable
pre#reHuisites to or conditions sine 9ua non for the e$ecution of government contracts.
(CB:ELEC vs. Cu3ge Kui4ano 1a3illa an3 10oto?ina :ar?eting Cor%., (.R. )o.
1;199,, Se%tember 1<, ,+++#
Classification;
1. Beneral "ppropriation Lawpassed annually% intended to provide for the
financial operations of the entire government during one fiscal period.
!. Special "ppropriation Lawdesigned for a specific purpose.
8mplied <,$tra#Constitutional= Limitations on "ppropriation )ower;
1. 'ust specify public purpose6 and
!. Sum authorized for release must be determinate% or at least determinable.
Constitutional Limitations on S&ecial "ppropriation 'easures;
1. 'ust specify public purpose for which the sum was intended6 and
!. 'ust be supported by funds actually available as certified by the 9ational
Treasurer or to be raised by corresponding revenue proposal included therein.
Constitutional ules on =eneral "ppropriation Laws; Section 2G, $rticle ;I
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. Congress may not increase appropriations recommended by the )resident for
operation of the Bovernmentto prevent big budget deficits6
!. ?orm% content and manner of preparation of budget shall be provided by law6
&. 9o provision or enactment shall be embraced unless it relates specifically to
some particular appropriations therein6
(. )rocedure for approving appropriations for Congress shall be the same as that of
other departmentsto prevent sub rosa a&&ro&riations by Congress6
+. )rohibition against transfer of appropriations <3octrine of "ugmentation=%
however;
a. )resident6
b. Senate )resident6
c. Spea>er of the Eouse6
d. Chief 1ustice6 and
e. Eeads of Constitutional Commissions
ma*, by law, be authorized to augment any item in the general
appropriations law for their respective offices from savings in other items
of their respective appropriations.
2. )rohibition against appropriations for sectarian benefit6 and
/. "utomatic re#appropriation.
P-/3R -8 .$D$.I-N
Limitations;
1. ule of ta$ation shall be uniform and eHuitable and Congress shall evolve a
progressive system of ta$ation.
!. Charitable institutions% etc.% and all lands% buildings and improvements
actually% directly and e$clusively used for religious% charitable or educational
purposes shall be e$empt from ta$ation.
&. "ll revenues and assets of non#stoc>% non#profit educational institutions used
actually% directly and e$clusively for educational purposes shall be e$empt
from ta$es and duties.
(. Law granting ta$ e$emption shall be passed only with the concurrence of a
ma4ority of all the members of Congress.
3L3".-R$L .RI!4N$L5 Section 6J, $rticle ;Senate and Eouse of
epresentativessole 4udge of all contest relating to the election returns and
Hualifications of their respective 'embers
9o appeal lies. "ppeal is merely statutory. The remedy is ule 2+% Certiorari <Special
Civil "ction= based on Brave "buse of 3iscretion.
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1.+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
2R3.although attached to the Congress% has separate and distinct personality. 8t was
created as a non#partisan court. 8t must be independent of Congress and devoid of
partisan influence and consideration. 'embers of E,T% once appointed thereto% they
shall be accorded thereto of security of tenure to ensure their impartiality and
independence.
Gon3oc vs. 1ine3a, ,+1 SCR "9,, @3isloyalty to the partyA and @Breach of party
disciplineA are not valid grounds for the e$pulsion of a member. E,T members en4oy
security of tenure6 their membership may not be terminated e$cept for a 4ust cause such
as the e$piration of congressional term% death% resignation from the political party%
formal affiliation with another political party% or removal for other valid causes.
1imentel vs. 'RE/, (.R. )o. 1414<9, )ovember ,9, ,++,, the SC said that even
assuming that the party#list representatives comprise a sufficient number and have
agreed to designate common nominees to the E,T and Commission on
"ppointments% their primary recourse clearly rests with the Eouse of epresentatives
and not with the Court. *nly if the Eouse fails to comply with the directive of the
Constitution on proportional representation of political parties in the E,T and
Commission on "ppointments can the party#list representatives see> recourse from this
Court through 4udicial review. 5nder the doctrine of primary administrative 4urisdiction%
prior recourse to the Eouse is necessary before the petitioners may bring the case to
Court.
.mel3a Romual3eEA:arcos vs. CB:ELEC, ,4< SCR !++F"s to the E,T7s
supposed assumption of 4urisdiction over the issue of petitioner7s Hualifications after the
'ay .% 1--+ elections% suffice it to say that E,T7s 4urisdiction as the sole 4udge of all
contests relating to the elections% returns and Hualifications of members of Congress
begins only after a candidate has become a member of the Eouse of epresentatives
<"rticle D8% Section 1/ 1-./ Constitution=. )etitioner not being a member of the Eouse
of epresentatives% it is obvious that E,T at this point has no 4urisdiction over the
Huestion. C*',L,C is not ousted of 4urisdiction. #ee also #ection B o4 03 BB1B.
(uerrero vs. CB:ELEC, !!* SCR 4;< (Culy ,*, ,+++# :hile the Congress is
vested with the power to declare valid or invalid certificate of candidacy% its refusal to
e$ercise the power following the proclamation and assumption of ?ariZas is a
recognition of the 4urisdictional boundaries separating the C*',L,C and the E,T.
5nder "rticle D8% Section 1/ of the Constitution% the E,T has the sole and e$clusive
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1.2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
4urisdiction over all contests relative to the elections% returns and Hualifications of
members of the Eouse of epresentatives. Thus% once a winning candidate has been
proclaimed% ta>en his oath% and assumed office as a member of the E*% C*',L,C7s
4urisdiction over election contests relating to his elections% returns and Hualifications
ends% and the E,T7s own 4urisdiction begins. Thus% the C*',L,C7s decision to
discontinue e$ercising 4urisdiction over the case is 4ustifiable% in deference to the
E,T7s own 4urisdiction and functions.
$&&eal from S3. or 2R3. 1ecision
The Constitution mandates that the E,T and the S,T shall each% respectively%
be the sole 4udge of all contest relating to the elections% returns and Hualifications of
their respective members.
The Court has stressed that so long as the Constitution grants the E,T the
power to be the sole 4udge of all contests relating to the elections% returns and
Hualifications of members of the Eouse of epresentatives% any final action ta>en by the
E,T on a matter within its 4urisdiction shall% as a rule% not be reviewed by the Supreme
Court. The power granted to the ,lectoral Tribunal e$cludes the e$ercise of any
authority on the part of this Court that would in any wise restricts it or curtail it or even
affect the same.
8n Robles vs. 'RE/, the Court has e$plained that while the 4udgments of the
Tribunal are beyond 4udicial interference% the Court may do so% however% but only @in the
e$ercise of the SC7s so#called e$traordinary 4urisdiction upon determination that the
Tribunal7s decision or resolution was rendered without or in e$cess of its 4urisdiction% or
with grave abuse of discretion% or upon a clear showing of such arbitrary and
improvident use by the Tribunal of its power as constitutes a denial of due process of
law% or upon demonstration of a very clear unmitigated error% manifestly constituting
such grave abuse of discretion that there has to be remedy for such abuse.
The Court does not venture into the perilous area of correcting perceived errors
of independent branches of government6 it comes in only when it has to vindicate a
denial of due process or correct an abuse of discretion so grave or glaring that no less
than the Constitution itself calls for remedial action. (Libanan vs. 'RE/, ,<! SCR
;,+#
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1./
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Section 26, $rticle ;I5The Senate or the E* or any of its respective committees
may conduct inHuiries in aid of legislation in accordance with its duly published rules
and procedure. The right of persons appearing in or affected by such inHuiries shall be
respected.
"onstitutional limitation on in<uiries in aid of le%islation
P-/3R -8 L3=ISL$.I;3 IN;3S.I=$.I-N5<Section !1% "rticle D8=
Power to conduct in<uiries in aid of le%islation58nvestigatorial )owernot
absolute6 sub4ect 4udicial review in view of the e$panded power of the court to determine
whether there has been grave abuse of discretion amounting to lac> or e$cess of
4urisdiction.
Limitations;
1. The inHuiry must be in aid of legislation6
!. 8t must be in accordance with duly published rules and procedure of the Eouse
concerned6 and
&. The right of persons appearing in or affected by such inHuiries shall be
respected.
emedy; invo>e the ight against Self#8ncrimination
Section 26 (Le%islative investi%ation+ vs) Section 22(9uestion 2our+
1. 8nHuiry in aid of legislationthey may not validly refuse to appear;
8t will impair the wor> of Congress
8t will violate the rights of the people to information on matters of public
concern <Section /% "rticle 888=
!. 'embers of the e$ecutive cabinet in view of ,* (2(
-These two <!= sections should not be considered as pertaining to the same
power of Congress. *ne specifically relates to the power to conduct inHuiry in aid of
legislation% the aim of which is to elicit information that may be used for legislation%
while the other pertains to the power to conduct a Huestion hour% the ob4ective of
which is to obtain information in pursuit of Congress7 oversight function.
Section 26 (Le%islative
investi%ation+
Section 22(9uestion 2our+
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1..
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. "ny person may appear
!. The Committees conduct the
investigation
&. The sub4ect matter is any
matter for the purpose of
legislation
(. "ppearance is mandatory
1. *nly department head may
appear
!. The entire body conduct the
investigation
&. The sub4ect matters are
matters related to the
department only
(. "ppearance is 3iscretionary
Senate vs. Ermita, (.R. )o., 1*9""", %ril ,+, ,++*, while attendance to
Congressional hearings is discretionary on the part of the department heads during
@Huestion hour%A such is not in the case in inHuiries in aid of legislation% e$cept upon a
valid and e$press claim of @e$ecutive privilege.A
The principle of separation of powers is the reason why e$ecutive officials may
not be compelled to attend hearings when Congress e$ercises its oversight functions.
Though% this is not the case when the Congress e$ercises its power of inHuiry in aid of
legislation. Sections !1 and !! of "rticle D8% therefore% while closely related and
complementary to each other% should not be considered as pertaining to the same
power of Congress. one specifically relates to the power to conduct an inHuiry in aid of
legislation% the aim of which is to elicit information that may be used for legislation% while
the other pertains to the power to conduct a Huestion hour% the ob4ect of which is to
obtain information in pursuit of Congress7 oversight function.
Sabio vs. Sen. (or3on, (.R. )o. 1"4!4+, Bctober 1", ,++*, the Congress7 power of
inHuiry% being broad% encompasses everything that concerns the administration of
e$isting laws as well as proposed or possibly needed statutes. 8t even e$tends to
government agencies created by Congress and officers whose positions are within the
power of Congress to regulate or even abolish. " mere provision of law cannot pose a
limitation to the broad power of Congress% in the absence of any constitutional basis.
943S.I-N 2-4R5integral in a parliamentary government6 the heads of departments
may% upon their own initiative% with the consent of the )resident% or upon the reHuest of
either house% as the rules of each house shall provide% appear before and be heard by
such house on any matter pertaining to their departments. :ritten Huestions shall be
submitted to the )resident of the Senate or the Spea>er of the Eouse at least & days
before their scheduled appearance. 8nterpolations shall not be limited to written
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Huestions% but may cover matters related thereto. :hen the scrutiny of the State or the
public interest so reHuires% the appearance shall be conducted in e$ecutive session
rnault vs. )aEareno, <" 10il. ,9Fthe inHuiry% to be within the 4urisdiction of the
legislative body ma>ing it% must be material or necessary to the e$ercise of a power in it
vested by the Constitution% such as to legislate or to e$pel a member.
<The power to conduct 8nHuiry is integral and implied of legislative power=
Stan3ar3 C0artere3 Gan? vs. Senate Committee on Gan?s, (.R. )o. 1*"1"!,
@ecember ,", ,++", the mere filing of a criminal or an administrative complaint before
a court or a Huasi#4udicial body should not automatically bar the conduct of legislative
investigation. *therwise% it would be e$tremely easy to subvert any intended inHuiry by
Congress through the convenient ploy of instituting a criminal or administrative
complaint.
"on%ressional -versi%t 8unctions (:a?alintal vs. CB:ELEC, (.R. )o. 1;"+1!,
Culy 1+, ,++!#
8t embraces all activities underta>en by Congress to enhance its understanding
of and influence over the implementation of legislation it has enacted. Clearly% oversight
concerns post#enactment measures underta>en by Congress;
a. To monitor bureaucratic compliance with program ob4ectives6
b. To determine whether agencies are properly administered6
c. To eliminate e$ecutive waste and dishonesty6
d. To prevent e$ecutive usurpation of authority6 and
e. To assess e$ecutive conformity with the congressional perception of public
interest.
The power of oversight has been held to be intrinsic in the grant of legislative
power itself and integral to the chec>s and balances inherent in a democratic system of
government.
The oversight power has also been used to ensure the accountability of
regulatory commissions li>e the S,C. 5nli>e other ordinary administrative agencies%
these bodies are independent from the e$ecutive branch and are outside the e$ecutive
department in the discharge of their functions.
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1-0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
"ate%ories of "on%ressional -versi%t 8unctions:
a) Scrutin*5implies a lesser intensity and continuity of attention to administrative
operations. 8ts primary purpose is to determine economy and efficiency of the
operation of government activities. 8n the e$ercise of legislative scrutiny%
Congress may reHuest information and report from the other branches of
government. 8t can give recommendations or pass resolutions for consideration
of the agency involved.
8t is based primarily on the power of appropriation of Congress. $$$ But
legislative scrutiny does not end in budget hearings. Congress can as> the heads of
departments to appear before and be heard by either the Eouse of Congress on any
matter pertaining to their department.
Li>ewise% Congress e$ercises legislative scrutiny thru its power of confirmation to
find out whether the nominee possesses the necessary Hualifications% integrity and
probity reHuired of all public servants.
b) "on%ressional investi%ation5involves a more intense digging of facts. 8t is
recognized under Section !1% "rticle D8. ,ven in the absence of constitutional
mandate% it has been held to be an essential and appropriate au$iliary to the
legislative functions.
c) Le%islative su&ervisionit connotes a continuing and informed awareness on
the part of congressional committee regarding e$ecutive operations in a given
administrative area. 8t allows Congress to scrutinize the e$ercise of delegated
law#ma>ing authority% and permits Congress to retain part of that delegated
authority.
Congress e$ercises supervision over the e$ecutive agencies through its veto
power. 8t typically utilizes veto provisions when granting the )resident or an e$ecutive
agency the power to promulgate regulations with the force of law. These provisions
reHuire the )resident or an agency to present the proposed regulations to Congress%
which retains a @rightA to approve or disapprove any regulation before it ta>es effect.
Such legislative veto provisions usually provide that a proposed regulation will become
a law after the e$piration of a certain period of time% only if Congress does not
affirmatively disapprove of the regulation in the meantime. Less freHuently% the statute
provides that a proposed regulation will become a law if Congress affirmatively
approves it.
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1-1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
P-/3R -8 "-N"4RR3N"35
The Constitution reHuires the concurrence of the Congress to an amnesty and to
a treaty.
.23 /$R P-/3R
The Congress% by a vote of !I& of both houses in 4oint session assembled% voting
separately% shall have the sole power to declare the e$istence of a state of war.
L$/(,$PIN= P-/3RS -8 "-N=R3SS5
)ertinently% the power to ma>e lawslegislative poweris vested in Congress.
Congress may not escape its duties and responsibilities by delegating that power to any
other body or authority. "ny attempt to abdicate the power is unconstitutional and void%
on the principle of delegari potesta non potest delegari=delegated power may not be
delegated. The rule which 4or+ids the delegation o4 legislative power, however, is not
a+solute and in4lexi+le. 8t admits of e$ceptions. "n e$ception sanctioned by immemorial
practice permits the legislative body to delegate its licensing power to certain persons%
municipal corporations% towns% boards% councils% commissions% commissioners% auditors%
bureaus and directors. Such licensing power includes the power to promulgate
necessary rules and regulations. (C0aveE vs. Romulo, (.R. )o. 1;"+!*, Cune 9,
,++4#
$rticle ;II
3D3"4.I;3 13P$R.,3N.
3D3"4.I;3 P-/3R5
8t is the legal and political functions of the )resident involving the e$ercise of
discretion. 8t is vested in the )resident of the )hilippines. 8t is the power to enforce and
administer laws.
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1-!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The executive power shall +e vested in the President o4 the Philippines. <Section
1% "rticle D88= 8n )ational Electri5ication 3ministration vs. C, (.R. )o. 14!4<1,
&ebruary 1;, ,++,, the )resident is vested with the power to e$ecute% administer% and
carry out laws into practical operation. ,$ecutive power% then% is the power of carrying
out the laws into practical operation and enforcing their due observance.
The )resident may not veto a law enacted thirty#five <&+= years before his or her
term of office. 9either may the )resident set aside or reverse a final and e$ecutory
4udgment of the Supreme Court through the e$ercise of veto power. (GengEon vs.
@rilon, ,+< SCR 1!!, %ril 1;, 199,#
PR3SI13N. ;I"3(PR3SI13N.
9 4 $ L I 8 I" $ . I - NS
1. 9atural#born citizen6
!. egistered voter6
&. "ble to read and write6
(. "t least (0 years of age on the day of election6 and
+. esident of the )hilippines for at least 10 years immediately preceding the
election.
. 3 R , - 8 - 8 8 I " 3
Si$ <2= years
1 I S 9 4 $ L I 8 I " $ . I - N S
1. 9ot eligible for any re#election6
!. 9o person who has succeeded as
)resident and has served as such
for more than ( years shall be
Hualified for election to the same
office at any time <Sec. (% "rt. D88=6
1. Shall not serve for more than two <!=
consecutive terms <Sec. (% "rt. D88=
=eneral 1is<ualificationsS
a. *ne who has been declared incompetent or insane by competent
authority6
b. *ne who has been sentenced by final 4udgment for;
vi. Subversion6
vii. 8nsurrection6
viii. ebellion6
i$. "ny offense for which he has been sentenced to a penalty of not more
than 1. months6 or
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1-&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$. " crime involving moral turpitude% unless given plenary pardon or
granted amnesty <Section 1!% B) ..1*mnibus ,lection Code=
IN2I!I.I-NS $N1 PR-2I!I.I-NS
6) Shall not receive any other emolument from the government or any other source
<Section 2% "rticle D88=6
2) Shall not hold any other office or employment unless otherwise provided in the
Constitution6
:) Shall not practice any other profession6
I) Shall not participate in any business6
G) Shall not be financially interested in any contract with% or in any franchise% or
special privilege granted by the Bovernment% including B*CCs6
H) Shall avoid conflict of interest in conduct of office6
J) Shall avoid nepotism. <Section 1&% "rticle D88=
P R I ; I L 3 = 3 S
1. *fficial residence6
!. Salary is determined by law and
not to be decreased during his
tenure <Section 2% "rticle D88=6
&. 8mmunity from suit for official acts.
1. Salary shall not be decreased during
his tenure6
!. 9o need for Commission on
"ppointment confirmation for Cabinet
post <Section &% "rticle D88=
"$N;$SSIN= !-$R1
Congress <Senate and Eouse of epresentatives=6 in case of tie% Congress by
ma4ority vote shall select.
3L3".-R$L .RI!4N$L
Supreme Court <en +anc=
R 3 , - ; $ L
8mpeachment only
3L3".I-N5
<Section (% "rticle D88= $nless otherwise provided +y law, the regular election 4or
President and *ice!President shall +e held on the second >onday o4 >ay.
,ven after Congress has ad4ourned its regular session% it may continue to
perform this constitutional duty of canvassing the presidential and vice#presidential
election results without need of any call for special session by the )resident. The 4oint
public session of both Eouses of Congress convened by e$press directive of Section (%
"rticle D88 of the Constitution to canvass the votes for and proclaim the newly#elected
)resident and Dice#)resident has not% and cannot% ad4ourn sine die until it has
accomplished its constitutionally mandated tas>s. ?or only when a board of canvassers
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
has completed its functions it is rendered functus officio. (1imentel, Cr. vs. Coint
Committee o5 Congress to Canvass t0e votes cast 5or 1resi3ent an3 V1, (.R. )o.
1*!"<!, Cune ,,, ,++4#
There is no constitutional or statutory basis for C*',L,C to underta>e a
separate and an @unofficialA tabulation of results% whether manually or electronically. By
conducting such @unofficialA tabulation% the C*',L,C descends to the level of a private
organization% spending public funds for the purpose. This not only violates the e$clusive
prerogative of 9"'?,L to conduct an @unofficialA count% but also taints the integrity of
the envelopes containing the election returns and the election returns themselves. Thus%
if the C*',L,C is proscribed from conducting an official canvass of the votes cast for
the )resident and D)% the C*',L,C is% with more reason% prohibited from ma>ing an
@unofficialA canvass of said votes. (Grillantes vs. CB:ELEC, (.R. )o. 1*!19!, Cune
1;, ,++4#
8mmunity from suit;
"fter his tenure% the )resident cannot invo>e immunity from suit for civil damages
arising out of acts done by him while he was )resident which were not performed in the
e$ercise of his official duties. (Estra3a vs. @esierto, (.R. )os. 14*"1+A1;, :arc0
,++1#
Rules on Succession:
a. Dacancy at the beginning of the term
i. 3eath or permanent disability of the )resident#elect; D)#elect shall become
)resident
ii. )resident#elect fails to Hualify; D)#elect shall act as )resident until the
)resident#elect shall have Hualified
iii. )resident shall not have been chosen; D)#elect shall act as )resident until a
)resident shall have been chosen and Hualified.
iv. 9o )resident and D) chosen nor shall have Hualified% or both shall died or
become permanently disabled; The )resident of the Senate% or in case of his
disability% the Spea>er of the Eouse of epresentatives% shall act as )resident
until a )resident or a D) shall have been chosen and Hualified. 8n the event of
inability of the officials mentioned% Congress shall% by law% provide for the
manner in which one who is to act as )resident shall be selected until a
)resident or D) shall have Hualified.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
"t 10 o7cloc> in the morning of the &
rd
day after the vacancy occurs% Congress
shall convene without need of a call% and within / days enact a law calling for
a special election to elect a )resident and a D) to be held not earlier than (+
nor later than 20 days from the time of such call. The bill shall be deemed
certified and shall become a law upon its approval on &
rd
reading by
Congress. The convening of the Congress cannot be suspended nor the
special election postponed. 9o special election shall be called if the vacancy
occurs within 1. months before the date of the ne$t presidential election.
b. Dacancy during the term
i. 3eath% permanent disability% removal from office% or resi%nation of the
)resident; D) shall become the )resident
Estra3a vs. rroyo, (.R. )o. 14*"!<, :arc0 ,, ,++1, the SC declared that
the resignation of )resident ,strada could not be doubted as confirmed by his
leaving 'alacaZan )alace. 8n the press release containing his final statement%
1. Ee ac>nowledged the oath#ta>ing of the respondent as )resident6
!. Ee emphasized he was leaving the )alace for the sa>e of peace and in
order to begin the healing process <he did not say that he was leaving due
to any >ind of disability and that he was going to reassume the )residency
as soon as the disability disappears=6
&. Ee e$pressed his gratitude to the people for the opportunity to serve them
as )resident <without doubt referring to the past opportunity=6
(. Ee assured that he will not shir> from any future challenge that may come
in the same service of the country6
+. Ee called on his supporters to 4oin him in promotion of a constructive
national spirit of reconciliation and solidarity.
The Court declared that the elements of a valid resignation are;
1. 8ntent to resign6
!. "ct of relinHuishment.
Both were present when )resident ,strada left the )alace.
Intent to resi%n5must be accompanied by act of relinHuishmentact or omission
before% during and after 1anuary !0% !001.
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1-2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
.otalit* of &rior contem&oraneous &osterior facts and circumstantial evidence5
bearing material relevant issues)resident ,strada is deemed to have resigned
constructive resignation
Resi%nation5may be written% oral% e$press% or implied% for as long as it is clear it must
be given legal effect.
;acanc* in te office of te ;P:
:henever there is vacancy in the *ffice of the D) during the term for which he
was elected% the )resident shall nominate a D) from among the 'embers of the Senate
and the E* who shall assume office upon confirmation by a ma4ority vote of all the
'embers of both Eouses of the Congress% voting separately. (Section K, $rticle ;II+
Powers of te President:
6) ,$ecutive power <Section 1% "rticle D88=
2) "ppointing power <Section 12% "rticle D88=
:) Control power <Section 1/% "rticle D88=
-Section I, $rticle D5)ower of general supervision over local governments
I) Calling#out power% power to place the )hilippines under martial law and power to
suspend the privilege of the writ of habeas corpus <Section 1.% "rticle D88=
G) )ardoning power% reprieves% commutations% amnesty% remit fines and forfeitures
<Section 1-% "rticle D88=
H) Borrowing power <Section !0% "rticle D88=
J) 3iplomaticITreaty#ma>ing power <Section !1% "rticle D88=
8) Budgetary power <Section !!% "rticle D88=
K) 8nforming powerState of the 9ation "ddress <Section !&% "rticle D88=
60) Deto power <"rticle D8=
66) )ower of general supervision over local governments <Section (% "rticle C=
62) )ower to call special session <Section 1+% "rticle D8=
6:) 5nstated esidual )owernot found in the Constitution
6I) )ower to eorganize the *ffice of the )resident <"dministrative Code=
6G) )ower of 8mpoundment
$PP-IN.IN= P-/3R5carries wit it te Removal Power
"ppointmentis the selection% by the authority vested with the power% of an individual
who is to e$ercise the functions of a given office.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
3esignationsimply means imposition of additional duties on a person already in the
public service.
Ginamira vs. (arruc0o, 1<< SCR 1;4, when a person is merely designated
and not appointed% the implication is that he shall hold office in a temporary capacity
and may be replaced at will of the appointing authority. 8n this sense% a designation is
considered only an acting or temporary appointment which does not confer security of
tenure on the person named.
"ppointing power is e$ecutive in nature. 8t is vested in the )resident. The power
carries with it the power to remove e$cept in some cases li>e 1ustices of the Supreme
Court% the )resident appoints them but he cannot remove them. They can only be
removed through impeachment.
*fficers to be appointed by the )resident that reHuire the confirmation of Commission
on "ppointments; <the list is e$clusive=
1. Eeads of the e$ecutive department
37ce&t: Dice#)residentmay be appointed as a 'ember of the Cabinet. Such appointment
reHuires no confirmation. <Section &% "rticle D88=
!. "mbassadors% other public ministers and consuls
&. *fficers of the armed forces from the ran> of colonel or naval captain
(. *ther officers whose appointments are vested in him in the Constitution
37am&le: 1BC% Constitutional Commissions
+. "ll other officers of the government whose appointments are not otherwise
provided by law
2. Those whom he may be authorized by law to appoint.
Sarmiento vs. :ison, 1;* SCR ;49, not all appointments made by the )resident
need C" confirmation. *nly those enumerated in paragraph 1 of Section 12% "rticle D88
need confirmation of the Commission on "ppointments. The appointment of Salvador
'ison as Commissioner of Customs needs no confirmation by the C"% because the
Commissioner of Customs is not among the officers mentioned in the 1
st
paragraph of
Section 12% "rticle D88.
-fficers of te armed forces from te rank of colonel or naval ca&tain5refers to
military officers alone
-)9) is now under the 38LB <civilian in character% national in scope=no longer part of
the "?)% therefore% no need for C" confirmation
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1-.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Soriano vs. Lista, (.R. )o. 1;!<<1, :arc0 ,4, ,++!, the )hilippine Coast Buard
<)CB= is no longer part of the )hilippine 9avy or the "?) but is not under the 3*TC% a
civilian agency% the promotion and appointment of respondent officers of the )CB will
not reHuire confirmation by the C".
Cal3eron vs. Carale, ,+< SCR ,;4, "rticle !1+ of the Labor Code as amended by "
2/1+% insofar as it reHuires the confirmation by the C" of the appointment of the 9LC
Chairman and commissioners% is unconstitutional because it violates Section 12 of
"rticle D88. The Congress% when they enacted the law% added to the e$clusive list
another category of officers to be appointed by the )resident that need the confirmation
of the C".
:analo vs. SistoEa, !1, SCR ,!9Fa law was enacted creating the )9)% " 2/-+. 8t
provides that the 3irector% 3eputy 3irector Beneral% and other top officials of the )9)
shall be confirmed by the Commission on "ppointments. The SC declared it as
unconstitutional.
8n the above two cases% Congress cannot addIremove anything from the list of
officers to be appointed by the )resident that reHuire confirmation of the C". The list is
e$clusive. The Congress cannot add or remove anything by a mere legislative act.
*fficials sub4ect to the "ppointment of the )resident;
". :ith the confirmation by the Commission on "ppointments
1. Eeads of the e$ecutive department
!. "mbassadors% other public ministers and consuls
&. *fficers of the armed forces from the ran> of colonel or naval captain
(. *ther officers whose appointments are vested in him in the Constitution
B. )rior recommendation or nomination by the 1udicial and Bar Council <1BC=
1. 'embers of the Supreme Court and all lower courts
!. *mbudsman and hid + 3eputies
C. "ppointment of D) as 'ember of the Cabinet
3. "ppointment solely by the )resident
1. Those vested by the Constitution on the )resident alone
!. Those whose appointments are not otherwise provided for by law
&. Those who may be authorized by law to appoint6
(. Those other officers lower in ran> whose appointment is vested by law in the
)resident alone
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
"ppointing )rocedure;
1. 9omination by the )resident6
!. Confirmation by the Commission on "ppointments6
&. 8ssuance of commission6 and
(. "cceptance by appointee. 3eemed complete upon acceptance. )ending such
acceptance% which is optional to the appointee% the appointment may still be
validly withdrawn. "ppointment to a public office cannot be forced upon citizen
e$cept for purposes of defense of the State under Section (% "rticle 88 of the
Constitution% as an e$ception to the rule against involuntary servitude.
Classifications;
1. Permanentthose e$tended to persons possessing the reHuisite eligibility and
are thus protected by the constitutional guarantee of security of tenure.
!. .em&orar*those given to persons without such eligibility% revocable at will and
without necessity of 4ust cause or a valid investigation% made on the
understanding that the appointing power has not yet decided on a permanent
appointee and that the temporary appointee may be replaced at any time a
permanent choice is made.
-Temporary appointment and 3esignation are not sub4ect to confirmation by the
Commission on "ppointments. Such confirmation% if given erroneously% will not
ma>e the incumbent permanent appointee. (Valencia vs. 1eralta, < SCR *9,#
&. Re%ular"ppointment by the )resident when Congress is in session. 8t ta>es
effect only after confirmation by the C"% and once approved% continues until the
end of the term of the appointee.
(. $d Interim5(!
nd
paragraph of Section 12% "rticle D88 +"ppointment by the
)resident when Congress is not in session. 8t ta>es effect immediately but
ceases to be valid if disapproved by the C" or upon the ne$t ad4ournment of
Congress. 8t is deemed by#passed through inaction. 8t is intended to prevent
interruptions in vital government services that would otherwise result from the
prolonged vacancies in government offices.
8t is a permanent appointment because it ta>es effect immediately and can
no longer be withdrawn by the )resident once the appointee has Hualified into
office. The fact that it is sub4ect to confirmation by the Commission on
"ppointments does not alter its permanent character. The Constitution itself
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
ma>es an ad interim appointment permanent in character by ma>ing it effective
until disapproved by the C" or until the ne$t ad4ournment of Congress.
a. Recess5one made while the Congress is not in session% before
confirmation by the Commission on "ppointment6 immediately effective6
and ceases to be valid if disapproved or bypassed by C" upon the ne$t
ad4ournment of Congress6
b. ,idni%tmade by the )resident before his term e$pires% whether or not
it is confirmed by the C"
-$d interim a&&ointment disa&&roved b* te "ommission on
$&&ointments5can no longer be e$tended a new appointment. The disapproval
is a final decision of the Commission on "ppointments in the e$ercise of its
chec>ing power on the appointing power of the )resident. The disapproval is a
decision on the merits% being a refusal by the C" to give its consent after
deliberating on the Hualifications of the appointee. Since the Constitution does
not provide for any appeal from such decision% the disapproval is final and
binding on the appointee as well as on the appointing power. 8n this instance% the
)resident can no longer renew the appointment not because of the constitutional
prohibition on appointment% but because of a final decision by the C" to withhold
its consent to the appointment.
8n the case of :atibag vs. Geni%ayo, !<+ SCR 49, ad interim means @in
the meantimeA or @for the time beingA. "n ad interim appointment means a
permanent appointment made by the )resident in the meantime that ongress is
in recess. 8t does not mean a temporary appointment that can be withdrawn or
revo>ed at any time. "n ad interim appointee who has Hualified and assumed
office becomes at that moment a government employee and therefore part of the
civil service. Ee en4oys the constitutional protection that he cannot be suspended
or removed e$cept for causes provided by law. The withdrawal or revocation of
an ad interim appointment is possible only if it is communicated to the appointee
before the moment he Hualifies% and any withdrawal or revocation thereafter is
tantamount to removal from office. *nce an appointee has Hualified% he acHuires
a legal right to the office which is protected not only by statute but also by the
Constitution. Ee can only be removed for cause% after notice and hearing%
consistent with the reHuirements of due process.
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!01
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$d Interim re%ular
Ta>es effect immediately
"ppointee assumes office immediately
and later on the appointment should be
confirmed by the C"
'ade while Congress is not in
session
3oes not ta>e effect immediately
"ppointee assumes office only after
confirmation by the C"
'ade when Congress is in session
-The distinction lies in the effectivity of the appointment
-"d interim appointee by#passed by the C" is no longer sub4ect to re#
appointment. Ee is deemed to have vacated the office.
'"ase of 8irst Im&ression
2
nd
issue in te case of ,atiba% vs) !eni&a*o 5whether ad interim appointees
by#passed by Commission on "ppointments may be sub4ect to re#appointmentT
The SC held that an ad interim appointment that is by#passed by the
Commission on "ppointments because of lac> of time or failure of the latter to
organize is another matter. " b*(&assed a&&ointment is one that has not been
finally acted upon on the merits by the C" at the close of the session of
Congress. There is no final decision by the Commission on "ppointments to give
or withhold its consent to the appointment as reHuired by the Constitution. "bsent
such decision% the )resident is free to renew the ad interim appointment of a by#
passed appointee. This is recognized in Section 1/ of the ules of the
Commission on "ppointments. Eence% under the ules% a by#passed
appointment can be considered again if the )resident renews the appointment.
The ad interim appointments and subseHuent renewals of appointments of
Benipayo% Borra and Tuason do not violate the prohibition on reappointments
because there were no previous appointments that were confirmed by the
Commission on "ppointments. " reappointment presupposes a previous
confirmed appointment. The same ad interim appointments and renewal of
appointments will also not breach the /#year term limit because all the
appointments and renewals of appointments of Benipayo% Borra and Tuason are
for a fi$ed term e$piring on ?ebruary !% !00.. "ny delay in their confirmation will
not e$tend the e$piry date of their terms of office. ConseHuently% there is no
danger whatsoever that the renewal of the ad interim appointments of these
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!0!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
three respondents will result in any of the evils intended to be e$orcised by the
twin prohibition of the Constitution. The continuing renewal of the ad interim
appointment of these three respondents for so long as their term of office e$pires
on ?ebruary !% !00. does not violate the prohibition on reappointments in
Section 1 <!=% "rticle 8C#C of the Constitution.
8our (I+ Situations were Section 6 (2+, $rticle ID(" will a&&l*:
Section 1 <!=% "rticle 8C#C of the Constitution provides; The hairman and the
ommissioners shall +e appointed +y the President with the consent o4 the
ommission on 3ppointments 4or a term o4 seven years without reappointment.
'4 those 4irst appointed, three >em+ers shall hold o44ice 4or seven years, two
>em+ers 4or 4ive years, and the last >em+er 4or three years, without
reappointment. 3ppointment to any vacancy shall +e only 4or the unexpired term
o4 the predecessor. )n no case shall any >em+er +e appointed or designated in
a temporary or acting capacity.
1. /ere an ad interim a&&ointee to te "-,3L3", after confirmation b*
te "$, serves is full J(*ear term) Such person cannot be reappointed to
the C*',L,C% whether as a member or as a chairman% because he will then
be actually serving more than / years.
!. /ere te a&&ointee, after confirmation, serves a &art of is term and
ten resi%ns before is J(*ear term of office ends) Such person cannot be
reappointed. :hether as a member or as a chairman% to a vacancy arising
from retirement because a reappointment will result in the appointee also
serving more than seven years.
&. /ere te a&&ointee is confirmed to serve te une7&ired term of
someone wo died or resi%ned, and te a&&ointee com&letes te
une7&ired term) Such person cannot be reappointed% whether as member or
chair% to a vacancy arising from retirement because a reappointment will
result in the appointee also serving more than seven years.
(. /ere te a&&ointee as &reviousl* served a term less tan seven
*ears, and a vacanc* arises from deat or resi%nation) ,ven if it will not
result in his serving more than / years% a reappointment of such person to
serve an une$pired term is also prohibited because his situation will be similar
to those appointed under the second sentence of Section 1 <!=% "rticle 8C#C of
the Constitution. This provision refers to the 1
st
appointees under the
Constitution% whose terms of office are less than / years% but are barred from
ever being reappointed under any situation.
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!0&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8n 1imentel, Cr. vs. Ermita, (.R. )o. 1*4"9<, Bctober 1!, ,++;,
Congress commenced their regular session on 1uly !2% !00(% the Commission
on "ppointments was constituted on "ugust !+% !00(. 'eanwhile% )resident
"rroyo issued appointments to respondents as acting secretaries of their
respective departments. espondents too> their oath and assume duties as
acting secretaries. Congress ad4ourned on September !!% !00(. *n September
!&% !00(% )resident "rroyo issued ad interim appointments to respondents as
secretaries of the departments to which they were previously appointed in an
acting capacity. " petition was filed to declare unconstitutional the appointments
issued by the )resident to the respondents as acting secretaries of their
respective departments without the consent of the Commission on "ppointments
while Congress is in session. The SC held that as a rule% the writ of prohibition
will not lie to en4oin acts already done. Eowever% an e$ception to the rule on
mootness% courts will decide a Huestion otherwise moot if it is capable of
repetition yet evading review. 8n the present case% the mootness of the petition
does not bar its resolution. The Huestion of constitutionality of the )resident7s
appointment of department secretaries in an acting capacity while Congress is in
session will arise in every such appointment. The office of a department
secretary may become vacant while Congress is in session. Since a department
secretary is an alter ego of the )resident% the acting appointee to the office must
necessarily have the )resident7s confidence. Thus% by the very nature of the
office of a department secretary% the )resident must appoint in an acting capacity
a person of her own choice even while Congress is in session. The person may
or may not be the permanent appointee% but practical reasons may ma>e it
e$pedient that the acting appointee will also be the permanent appointee. The
law e$pressly allows the )resident to ma>e such acting appointment. Section
6J, "a&ter G, .itle I, !ook III of 3- 2K2 ($dministrative "ode of 6K8J+ states
that; The President may temporarily designate an o44icer already in the
government service or any competent person to per4orm the 4unctions o4 an
o44ice in the executive +ranch. Thus% the )resident may even appoint in an acting
capacity a person not yet in the government service% as long as the )resident
deems that person competent.
$d interim a&&ointment $&&ointment in an actin% ca&acit*
'ade if congress is not in session 'ade any time there is vacancy% i.e.%
whether Congress is in session or not
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!0(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
eHuires confirmation of C"
)ermanent in nature
"ppointee en4oys security of tenure
3oes not reHuire confirmation of C"
Temporary in nature
The appointee does not en4oy security
of tenure
Limitations on "ppointing )ower;
6) )rohibition against nepotism<Section 1&% par. !% "rticle D88= The spouse and
relatives +y consanguinity or a44inity within the 1
th
civil degree o4 the President
shall not during his tenure +e appointed as >em+ers o4 the onstitutional
ommissions, or the '44ice o4 the 'm+udsman, or as #ecretaries,
$ndersecretaries, chairmen or heads o4 +ureaus or o44ices, including
government!owned or controlled corporations and their su+sidiaries.
2) "ppointments e$tended by an "cting )resident shall remain effective unless
revo>ed by the elected )resident within -0 days from his assumption of office.
<section 1(% "rticle D88=
:) The presidential power of appointment may also be limited by Congress through
its power to prescribe Hualifications for public office.
I) The 4udiciary may annul an appointment made by the )resident if the appointee
is not Hualified or has not been validly confirmed by the Commission on
"ppointments.
G) Section 1+% "rticle D88! types of appointment; Two months immediately +e4ore
the next presidential elections and up to the end o4 his term, a President or
3cting President shall not ma"e appointments, except temporary appointments
to executive positions when continued vacancies therein will prejudice pu+lic
service or endanger pu+lic sa4ety.
'"ase of 8irst Im&ression
.n ReN 'on. :ateo ValenEuela an3 'on. 1laci3o Vallarta, ,9< SCR 4+9, Section
1+% "rticle D88 is directed against two <!= types of appointment;
1. Those made for buying votesthose appointments made within ! months
preceding the )residential election and are similar to those which are declared
election offenses in the *mnibus ,lection Code6
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!0+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!. Those made for partisan considerationsconsist of the so#called midni%t
appointments and those presumed made for the purpose of influencing the
outcome of the presidential election.
- a. 8f made within the !#month election periodTelection offense
b. 8f made by an outgoing )resident before his term of office ends% it is '8398BET
appointment.
,$ception; temporary appointment to e$ecutive positions
'"ase of 8irst Im&ression
@e Rama vs. Court o5 %%eals, !;! SCR, 94, 'ayor ,velyn "be4a run for reelection
but lost. Before she vacated her office% though% she e$tended permanent appointments
to 1( new employees of the municipal government. The incoming mayor% upon
assuming office% recalled said appointments contending that these were @midnight
appointmentsA and% therefore% prohibited under Section 1+% "rticle D88 of the
Constitution. The SC held that the records reveal that when the petitioner brought the
matter of recalling the appointments of the 1( private respondents before the Civil
Service Commission% the only reason he cited to 4ustify his actions was that these were
@midnight appointmentsA that are forbidden by the Constitution. Eowever% the CSC
ruled% and correctly so% that the said prohibition applies only to presidential
appointments. 8n truth and in fact% there is no law that prohibits local elective officials
from ma>ing appointments during the last days of his or her tenure.
Ru5ino vs. En3riga, (.R. )os. 1!9;;4 an3 1!9;*;, Culy ,1, ,++*, a statute cannot
circumvent the constitutional limitations on the power to appoint by filling vacancies in a
public office through election by the co#wor>ers in that office. Such manner of filling
vacancies in a public office has no constitutional basis. "nd since the pertinent section
is unconstitutional% the )resident has the power to appoint the trustees by virtue of
Section 12% "rticle D88 which gives the )resident the power to appoint officers whose
appointments are not provided for by the law.
P-/3R -8 R3,-;$L5
Beneral ule; This power is implied from the power to appoint.
,$ceptions; Those appointed by him where the Constitution prescribes certain
methods for separation from public services.
,$ample; 'embers of the Constitutional Commissions% 1ustices of the SCmay
only be removed through impeachment
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!02
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
'embers of the career service of the Civil Service who are appointed by the
)resident may be directly disciplined provided that the same is for cause and in
accordance with the procedure prescribed by law.
'embers of the Cabinet and such officers whose continuity in office depends
upon the pleasure of the )resident may be replaced at any time% but legally spea>ing%
their separation is effected not by removal but by e$piration of their term. (%arri vs.
Court o5 %%eals, 1," SCR ,!1#
P-/3R -8 "-N.R-L5
Sec. 1/% "rticle D88; The President shall have control o4 all the executive departments,
+ureaus and o44ices. He shall ensure that the laws +e 4aith4ully executed.
?aithful ,$ecution Clause
"s Chief ,$ecutive% the )resident holds the steering wheel that controls the
course of her governmentshe lays down policies in the e$ecution of her plans and
programs% and whatever policy% she chooses% she has her subordinates to implement
them. (C0aveE vs. Romulo, (.R. )o. 1;"+!*, Cune 9, ,++4#
Controlis the power to alter or modify or nullify or set aside what a subordinate had
done in the performance of his duties and to substitute the 4udgment of the former for
that of the latter.
Supervisionmeans overseeing% or the power or authority of an officer to see that
subordinate officers perform their duties% and if the latter fail or neglect to fulfill them%
then the former may ta>e such action or steps as prescribed by law to ma>e them
perform these duties.
1octrine of 9ualified Political $%enc* or the $lter 3%o 1octrine5
"cts of the Secretaries of e$ecutive departments when performed and promulgated in
the regular course of business or unless disapproved or reprobated by the Chief
,$ecutive% are presumptively the acts of the Chief e$ecutive.
8n the case of @E)R vs. @E)R Region P.. Em%loyees, (.R. )o. 149",4,
ugust 19, ,++!, the power of the )resident to reorganize the 9ational Bovernment
may validly be delegated to his Cabinet members e$ercising control over a particular
e$ecutive department. "ccordingly% in this case% the 3,9 Secretary can validly
reorganize the 3,9 by ordering the transfer of the 3,9 egional *ffices from
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!0/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Cotabato City Foronadal% South Cotabato. The e$ercise of this authority by the 3,9
Secretary% as an alter ego of the )resident% is presumed to be the act of the )resident
because the latter had not e$pressly repudiated the same.
Eowever% in the case of (loria vs. Court o5 %%eals, (.R. )o. 1199+!, ugust
1;, ,+++, the SC held that even if the 3,CS Secretary is an alter ego of the )resident%
he cannot invo>e the )resident7s immunity from suit in a case filed against him%
inasmuch as the Huestioned acts are not those of the )resident.
- The power of control may be e$ercised by the )resident only over the acts not
over the actor (ngangco vs. Castillo, 9 SCR *19#
P-/3R -8 =3N3R$L S4P3R;ISI-N -;3R L-"$L =-;3RN,3N.S <Section I,
$rticle D+5the )resident can only interfere in the affairs and activities of a LB5 if he
finds that the latter acted contrary to law. The )resident or any of his alter egos% cannot
interfere in local affairs as long as the concerned LB5 acts within the parameters of the
law and the Constitution. "ny directive% therefore% by the )resident or any of his alter
egos see>ing to alter the wisdom of a law#conforming 4udgment on local affairs of a LB5
is a patent nullity% because it violates the principle of local autonomy% as well as the
doctrine of separation of powers of the e$ecutive and the legislative departments in
governing municipal corporations. (Cu3ge @a3ole vs. CB, (.R. )o. 1,;!;+,
@ecember !, ,++,#
- The )resident e$ercises general supervision% not control% over local governments. The
power is generally to see to it that the LB5s perform their powers and functions in
accordance with law.
,ILI.$R> P-/3RS5
Section 1.% "rticle D88;
1. The Commander#in#Chief Clause
To call out the "rmed forces to prevent or suppress lawless violence% invasion
or rebellion.
*rganize courts martial for the discipline of the armed forces and create military
commissions for the punishment of war criminals.
Calling#out powerlawless violence declare martial law L suspend the writ of EC
ebellion invasion @when the public safety
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!0.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8nvasion rebellion so reHuiresA
' (u3ani vs. Senga, (.R. )o. 1"+1*;, ugust 1;, ,++* (/inga#, the ability of the
)resident to reHuire a military official to secure prior consent before appearing
before Congress pertains to a wholly different and independent specie of
presidential authoritythe commander#in#chief powers of the )resident. By tradition
and 4urisprudence% the commander#in#chief powers of the )resident are not
encumbered by the same degree of restriction as that which may attach to e$ecutive
privilege or e$ecutive control.
!. Suspension of the privilege of the writ of habeas corpus
Brounds; invasion or rebellion% when public safety reHuires it.
3uration; not to e$ceed 20 days% following which it shall be lifted unless e$tended
by Congress
3uty of the )resident; To report action to Congress within (. hours% personally or
in writing
-The Congress may revo>e or e$tend% on reHuest of the )resident% the effectivity
of proclamation by a ma4ority vote of all its 'embers% voting 4ointly.
The suspension applies only to persons 4udicially charged for rebellion or
offenses inherent in or directly connected with invasion.
3uring the suspension of the privilege of the writ of habeas corpus% any person
thus arrested or detained shall be 4udicially charged within three <&= days% otherwise he
shall be released.
&. )roclamation of 'artial Law
Constitutional safeguards on the e$ercise of the power of the )resident to
proclaim martial law
a. There must be actual invasion or rebellion6
b. The duration of the proclamation shall not e$ceed 20 days6
c. :ithin (. hours% the )resident shall report his action to Congress. if
Congress is not in session% it must convene within !( hours6
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!0-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
d. Congress may% by ma4ority vote of all its members voting 4ointly% revo>e
the proclamation% and the )resident cannot set aside the revocation6
e. By the same vote and in the same manner% upon initiative of the
)resident% Congress may e$tend the proclamation if the invasion or
rebellion continues and public safety reHuires it6
f. The Supreme Court may review% in an appropriate proceeding filed by any
citizen% the sufficiency of the factual basis of the proclamation of martial
law or the suspension of the privilege of the writ of habeas corpus or the
e$tension thereof% and must promulgate its decision thereon within &0
days from its filing6
g. 8t does not suspend the operation of the Constitution% nor supplant the
functioning of the civil courts or legislative assemblies% nor authorize the
confinement of 4urisdiction on military courts and agencies over civilians
where civil courts are able to function% nor automatically suspend the
privilege of the writ.
-la%uer doctrine5a>a *),9 C*5T 3*CT89,civilians cannot be tried by
military courts if the civil courts are open and functioning (Blaguer vs. :ilitary
Commission )o. !4, (.R. )o. LA;444<, :ay ,,, 19<"#
( ways for the proclamation or suspension to be lifted;
1. Lifting by the )resident himself6
!. evocation by Congress6
&. 9ullification by the SC6
(. *peration of law after 20 days.
P$R1-NIN= P-/3R5
,$ercise by the )resident; 3iscretionary6 may not be controlled by the legislature
or reversed by the courts unless there is violation of the Constitution.
Section 1-% "rticle D88 is simply the source of power of the )resident to grant
reprieves% commutations% and pardons and remit fines and forfeitures after conviction by
final 4udgment. This provision% however% cannot be interpreted as denying the power of
courts to control the enforcement of their decisions after the finality. 8n truth% an accused
that has been convicted by final 4udgment still possesses collateral rights and these
rights can be claimed in the appropriate courts. ?or instance% a death convict who
becomes insane after his final conviction cannot be e$ecuted while in the state of
insanity. <See "rticle /- of the evised )enal Code=
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!10
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
"rticle .1 of the evised )enal code% as amended% which provides that the
death sentence shall be carried out without pre4udice to the e$ercise by the )resident of
his e$ecutive clemency powers at all times. ?or instance% the )resident cannot grant
reprieve% i.e.% postpone the e$ecution of a sentence to a day certain in the absence of a
precise date to rec>on with. The e$ercise of such clemency power% at this time% might
even wor> to the pre4udice of the convict and defeat the purpose of the Constitution% and
the applicable statute as when the date of e$ecution set by the )resident would be
earlier than that designated by court. (Ec0egaray vs. Secretary o5 Custice, !+1 SCR
9*#
1. )ardonan act of grace which e$empts the individual on whom it is bestowed
from punishment which the law inflicts for a crime he has committed.
a. )lenary or partial
b. "bsolute or conditional
"onditional &ardon5is in the nature of a contract between the sovereign power
or the Chief ,$ecutive and the convicted criminal to the effect that the former will
release the latter sub4ect to the condition that if he does not comply with the
terms of the pardon% he will be recommitted to prison to serve the une$pired
portion of the sentence or an additional one.
!. Commutationreduction or mitigation of penalty
&. eprievepostponement of sentence or stay of e$ecution
(. )arolerelease from imprisonment% but without full restoration of liberty% as
parolee is in custody of the law although not in confinement
+. "mnestyact of grace% concurred in by the Legislature% usually e$tended to
groups of persons who committed political offenses% which puts into oblivion the
offense itself.
Limitations;
a. Cannot be granted in cases of impeachment6
b. Cannot be granted in violations of election laws without favorable
recommendations of the C*',L,C6
c. Can be granted only after conviction by final 4udgment <e$cept amnesty=6
d. Cannot be granted in cases of legislative contempt or civil contempt6
e. Cannot absolve convict of civil liability6
f. Cannot restore public offices forfeited.
$mnest* Pardon
addressed to political offenses refers to infractions of laws of the state or
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!11
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
granted to a class or classes of persons
it need not be accepted
it reHuires the concurrence of Congress
it is a public act
it loo>s bac>ward and puts the offense
into oblivion
ordinary offenses
granted to individuals
it must be accepted
it does not need the concurrence of
Congress
it is a private act of the )resident
it loo>s forward and relieves the pardonee
of the conseHuences of the offense
- 1udicial admissions
'atters of 4udicial notice no need of proof
1udicial presumptions
8n Llamas vs. Brbos, pardon is available also to one found guilty of administrative
offense.
Section 1- of "rticle D88 did not distinguish between a criminal and administrative
offense.
,ffect of grant of pardon;
8n the case of ,onsanto vs) 8actoran% the accused was convicted of
malversation thru falsification of official documents. She was granted absolute pardon.
She demanded for reinstatement and bac> salaries. The SC held that pardon may
mean forgiveness but not forgetfulness. :hat was remitted is the penalty and not the
fact of one7s guilt. 8n the eyes of law% she was still a convict.
37ce&tions:
6) 5nless the grant e$pressly so provides for her reinstatement and payment of
bac> salaries.
2) 8f the grant of pardon was based on the fact of the innocence of the one charged
of the crime.
!-RR-/IN= P-/3R5
The )resident may contract or guarantee foreign loans on behalf of the epublic
with the concurrence of the 'onetary Board% sub4ect to such limitations as may be
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!1!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
provided by law. The 'onetary Board shall submit to the Congress report on loans
within &0 days from end of every Huarter.
Limitations;
1. There must be prior concurrence of the 'onetary Board
!. 8t is sub4ect to such other limitations
1IPL-,$.I"0.R3$.>(,$PIN= P-/3R <Section !1% "rticle D88=
9o treaty or international agreement shall be valid and effective unless concurred
in by at least !I& of all the members of the Senate.
8n our 4urisdiction% the power to ratify is vested in the )resident and not% as
commonly believed% in the legislature. The role of the Senate is limited only to giving or
withholding its consent% or concurrence% to the ratification. (Gayan vs. Hamora, (.R.
)o. 1!<;"+, Bctober 1+, ,+++#
This provision lays down the general rule on treaties or international agreements
and applies to any form of treaty with a wide variety of sub4ect matter. "ll treaties or
international agreements entered into by the )hilippines% regardless of sub4ect matter%
coverage% or particular designation or appellation% reHuires the concurrence of the
Senate to be valid and effective.
But see Section !+ of "rticle CD888. 5nder this provision% the concurrence of the
Senate is only one of the reHuisites to render compliance with the constitutional
reHuirements and to consider the agreement binding on the )hilippines.
!41=3.$R> P-/3R5
:ithin &0 days from opening of every regular session% )resident shall submit to
Congress a budget of e$penditures and sources of financing% including receipts from
e$isting and proposed revenue measures.
The Congress may not increase the appropriation recommended by the
)resident. Eowever% its form% content% manner of preparation of the budget shall be
prescribed by Congress.
IN8-R,IN= P-/3RState of the 9ation "ddress <Section !&% "rticle D88=
The )resident shall address Congress at the opening of its regular session <(
th
'onday of 1uly=. Ee may also appear before it at any other time.
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!1&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
;3.- P-/3R <"rticle D8=
R3SI14$L P-/3R5 :hatever is not 4udicial% whatever is not legislative% is
residual power e$ercised by the )resident.
-.23R P-/3RS5
1. )ower to call special session <Section 1+% "rticle D8=
!. )ower to deport aliens
&. Consent to deputization of government personnel by C*',L,C
(. To discipline such deputies
+. By delegation from Congress% e$ercise emergency and tariff powers
Conditions for the e$ercise of the )resident of ,mergency )owers;
a. 8t can be e$ercised only in times of war or national emergency6
b. There must be a law authorizing the )resident to e$ercise emergency
powers6
c. 8t must be for a limited period6
d. 8t must be sub4ect to restrictions which Congress may provide6 and
e. 8t must be necessary and proper to carry out a declared national policy.
2. )ower to eorganize the *ffice of the )residentunder ,* !-!% the
"dministrative Code of 1-./
The law grants the )resident continuing authority to reorganize the *ffice of the
)resident in recognition of the recurring need of every )resident to reorganize his office
@to achieve simplicity% economy and efficiencyA. The *ffice of the )resident is the nerve
center of the ,$ecutive Branch. To remain effective and efficient% the *ffice must be
capable of being shaped and reshaped by the )resident in the manner he deems fit to
carry out his directives and policies.
Power to reor%ani#e te -ffice of
te President USec) :6 (2':+, 3-
2K2V
Power to reor%ani#e te -ffice of te
President Pro&er USec) :6 (6+, 3-
2K2V
The )resident7s power to reorganize
offices outside the *ffice of the
The )resident can reorganize the
*ffice of the president )roper by;
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!1(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
)resident )roper is limited to merely
transferring functions or agencies from
the *ffice of the president to
3epartments or "gencies% and vice
versa.
a. "bolishing6
b. Consolidating or merging units6
c. Transferring functions from one
unit to another.
@omingo vs. Hamora, (.R. )o. 14,,<!, &ebruary *, ,++!
:alaria Em%loyees an3 8or?ers ssociation o5 t0e 10ili%%ines (:E81# vs.
Executive Secretary Romulo, (.R. )o. 1*++9!, Culy !1, ,++", the )resident has the
authority to carry out a reorganization of the 3*E under the Constitutions and statutory
laws. This authority is ad4unct of his power of control under "rticle D88% Sections 1 and
1/. The )resident7s power to re0organize the e$ecutive branch is also an e$ercise of his
residual powers. Eowever% the )resident must e$ercise good faith in carrying out the
reorganization of any branch or agency of the e$ecutive department.
I,P-4N1,3N. P-/3R5
8mpoundment refers to the refusal of the )resident% for whatever reason% to
spend funds made available by Congress. 8t is the failure to spend or obligate budget
authority of any type.
)roponents of impoundment have invo>ed at least three <&= principal sources of
the authority of the )resident.
1. authority to impound given to him either e$pressly or impliedly by Congress
!. the e$ecutive power drawn from the )resident7s role as Commander#in#Chief
&. ?aithful ,$ecution Clause
The proponents insist that a faithful e$ecution of the laws reHuires that the
)resident desist from implementing the law if doing so would pre4udice public interest.
"n e$ample given is when through efficient and prudent management of a pro4ect%
substantial savings are made. 8n such a case% it is sheer folly to e$pect the )resident to
spend the entire amount budgeted in the law. (1'.LCB)S vs. Enri$ueE, ,!; SCR
;+*#
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!1+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$rticle ;III
?41I"I$L 13P$R.,3N.
"-N"3P. -8 ?41I"I$L P-/3R
8t is the power to hear and decide cases pending between parties who have the
right to sue in courts of law and eHuity. Corollary to this dictum is the principle of locus
standi of a litigant. Ee who is directly affected and whose interest is immediate and
substantial has the standing to sue. Thus% a party must show a personal sta>e in the
outcome of the case or an in4ury to himself that can be redressed by a favorable
decision in order to warrant an invocation of the court7s 4urisdiction and 4ustify the
e$ercise of 4udicial power on his behalf. (@omingo vs. Carague, (.R. )o. 1*1+*;,
%ril 1;, ,++;#
Section 6, $rticle ;III ?41I"I$L P-/3R
The 4udicial power shall be vested in one SC and in such lower courts as may be
established by law.
1udicial power includes;
6) The duty of the courts of 4ustice to settle actual controversies involving rights
which are legally demandable and enforceable <T"38T8*9"L C*9C,)T *?
1538C8"L )*:,=6 and
2) To determine whether or not there has been a grave abuse of discretion
amounting to lac> or e$cess of 4urisdiction <B"3"L,1= on the part of any branch or
instrumentality of the Bovernment. <,C)"93,3 )*:,=
?urisdiction: The power to hear and decide cases.
Section 2, $rticle ;III5The ongress shall have the power to de4ine, prescri+e, and
apportion the jurisdiction o4 the various courts +ut may not deprive the #upreme ourt
o4 its jurisdiction over cases enumerated in #ection J hereo4.
%o law shall +e passed reorgani7ing the Gudiciary when it undermines the
security o4 tenure o4 its >em+ers.
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!12
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Constitutional Safeguards that guarantee independence of 1udiciary;
1. The Supreme Court is a constitutional body and may not be abolished by law6
!. The members of the SC are removable only by impeachment6
&. The SC may not be deprived of minimum original and appellate 4urisdiction6
appellate 4urisdiction may not be increased without its advice and concurrence6
(. The SC has administrative supervision over all inferior courts and personnel6
+. The SC has the e$clusive power to discipline 4udgesI4ustices of inferior courts6
2. The members of the 1udiciary have security of tenure6
/. The members of the SC may not be designated to any agency% performing Huasi#
4udicial or administrative functions6
.. Salaries of 4udges may not be reduced6 the 1udiciary en4oys fiscal autonomy6
-. The SC alone may initiate ules of Court6
10. The SC alone may order temporary detail of 4udges6
11. The SC can appoint all officials and employees of the 1udiciary.
8iscal $utonom*5means freedom from outside control. The 1udiciary% the
Constitutional Commissions% and the *mbudsman must have the independence and
fle$ibility needed in the discharge of their constitutional duties. The imposition of
restrictions and constraints on the manner the independent constitutional offices
allocate and utilize the funds appropriated for their operations is anathema to fiscal
autonomy and violative not only of the e$press mandate of the Constitution but
especially as regards the SC% of the independence and separation of powers upon
which the entire fabric of our constitutional system is based. (GengEon vs. @rilon, ,+<
SCR 1!!, %ril 1;, 199,#
$&&ointment to te ?udiciar*:
Pualifications; *f proven competence% integrity% probity and independence. 8n addition;
". 1ustices of the SC
a. 9atural#born citizen6
b. "t least (0 years of age6
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!1/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
c. 1+ years or more a 4udge of a lower court or has been engaged in the
practice of law in the )hilippines for the same period.
B. 1ustices of the Court of "ppeals
Same Hualifications as those provided for SC 1ustices
Congress may prescribe other Hualifications
C. TC 1udges
a. Citizen of the )hilippines6
b. "t least &+ years of age6
c. Eas been engaged in the practice of law for at least + years or has held
public office in the )hilippines reHuiring admission to the practice of law as
an indispensable reHuisite
3. 'TC% 'eTC% 'CTC 1udges
a. Citizens of the )hilippines6
b. "t least &0 years of age6
c. Eas been engaged in the practice of law for at least + years or has held
public office in the )hilippines reHuiring admission to the practice of law as
an indispensable reHuisite.
Procedure for $&&ointment:
1. "ppointed by the )resident from among a list of at least & nominees prepared by
the 1udicial and Bar Council <1BC= for every vacancy.
!. ?or lower courts% )resident shall issue the appointment -0 days from submission
of the list.
.enure of ?ustices and ?ud%es:
". Supreme Court Eold office until they reach the age of /0 or become
incapacitated to discharge their duties. They may be removed only through
impeachment.
B. Lower Courts Eold office during good behavior until they reach the age of /0 or
become incapacitated to discharge their duties.
By ma4ority vote of members who actually too> part in the deliberation on the
issues and voted thereon% SC en banc shall have the power to discipline 4udges of lower
courts or order their dismissal.
9o law shall be passed reorganizing the 1udiciary when it undermines the
security of tenure of its 'embers.
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!1.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
?41I"I$L $N1 !$R "-4N"IL
Composition;
,$#*fficio ChairmanChief 1ustice of the Supreme Court
,$#*fficio 'embers Secretary of 1ustice
epresentative of Congress
egular 'embersepresentative of the 8B)
)rofessor of Law
etired 'ember of SC
epresentative of private sector
Secretary de *fficioCler> of the Supreme Court
"ppointment;
The )resident shall appoint regular members for a (#year term with the consent
of the Commission on "ppointments
)owers and ?unctions;
1. ecommend appointees to the 1udiciary6
!. ecommend appointees to the *ffice of the *mbudsman and his + 3eputies6
&. 'ay e$ercise such other functions as may be assigned by the Supreme Court.
S4PR3,3 "-4R.
Composition;
Chief 1ustice and 1( "ssociates 1ustices
'ay sit;
o ,n Banc6 or
o 8n its discretion% in divisions of &% +% or / members
"ny vacancy shall be filled within -0 days from occurrence thereof.
Powers of te Su&reme "ourt
$) -ri%inal ?urisdiction
1. *ver cases affecting ambassadors% other public ministers and consuls6
!. *ver petition for Certiorari% )rohibition% mandamus% Puo :arranto% and
Eabeas Corpus6
"ertiorari ?urisdiction of te S"5limited to decisions rendered in actions or
proceedings ta>en cognizance of by the Commissions in the e$ercise of their
ad4udicatory or Huasi#4udicial functions.
8t does not refer to purely e$ecutive powers. Eence% Huestions arising from the
award of a contract for construction of voting booths can be brought before the
trial court. (mbil vs. CB:ELEC, (.R. )o. 14!!9<, Bctober ;, ,+++#
&. eview of factual basis for the declaration of martial law or suspension of the
privilege of writ of habeas corpus.
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!1-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!) $&&ellate ?urisdiction
*ver final 4udgments and orders of lower courts in;
a. "ll cases in which constitutionality or validity of any treaty international
or e$ecutive agreement% law% presidential decree% proclamation% order%
instruction% ordinance% or regulation is in Huestion6
b. "ll cases involving the legality of any ta$ impost% assessment% or toll% or
any penalty imposed in relation thereto6
c. "ll cases in which the 4urisdiction of any lower courts is in issue6
d. "ll criminal cases in which the penalty imposed is reclusion perpetua
or higher6 and
e. "ll cases in which only a Huestion of law is involved.
C. ,lectoral Tribunal for )residential and Dice#)residential Contests% over all
contests relating to the election% return and Hualification of the )resident or Dice#
)resident.
3. Temporary assignment of 4udges of lower courts to other stations as public
interest may reHuire. 9ot to e$ceed 2 months without the consent of the 4udge
concerned.
,. *rder change of venue or place of trial% to avoid miscarriage of 4ustice
?. ule#ma>ing powerpromulgates rules concerning;
1. )rotection and enforcement of constitutional rights6
!. )leading% practice% and procedure in all courts6
&. "dmissions to the practice of law6
(. 8B)6 and
+. Legal assistance to the underprivileged.
Limitations on rule#ma>ing power;
a. )rovide a simplified and ine$pensive procedure for speedy disposition of
cases6
b. 5niform for all courts of the same grade6
c. Shall not diminish% increase or modify substantive rights.
.n ReN Re$uest 5or Creation o5 a S%ecial @ivision, .:. )o. +,A1A+9ASC,
Canuary ,1, ,++,, it was held that it is within the competence of the Supreme
Court% in the e$ercise of its power to promulgate rules governing the enforcement
and protection of constitutional rights and rules governing pleading% practice and
procedure in all courts% to create a Special 3ivision in the Sandiganbayan which
will hear and decide the plunder case against former )resident ,strada.
Ec0egaray vs. Secretary o5 Custice, (.R. )o. 1!,*+1, Canuary 19,
1999, Congress cannot amend the ules of Court. The SC declared that the
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!!0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Constitution too> away the power of Congress to repeal% alter% or supplement
rules concerning pleading% practice and procedure. 8n fine% the power to
promulgate rules of pleading% practice and procedure is no longer shared by the
Court with Congress% more so with the ,$ecutive.
B. )ower of "ppointmentSC appoints all officials and employees of the 1udiciary
in accordance with Civil Service law.
E. )ower of "dministrative SupervisionSC shall have administrative supervision
over all courts and personnel thereof.
"dministrative proceedings before the SC are confidential in nature in
order to protect the respondent therein who may turn out to be innocent of the
charges6 it can ta>e years to build a reputation and only a single accusation%
although unfounded% to destroy it. ((o3ineE vs. lano, .:. R/CA9<A14+9,
&ebruary 1<, 1999#
8. Gearly eport:ithin &0 days from the opening of each regular session of
Congress% SC shall submit to the )resident and Congress an annual report on
the operation and activities of the 1udiciary. (Section 6H, $rt) ;III+
"ases to be eard b* te S" 3n !anc:
1. Cases in which the constitutionality or validity of any treaty% international or e$ecutive
agreement% law% e$ecutive order% or presidential decree% proclamation% order%
instruction% ordinance% or regulation is in Huestion6
!. Cases raising novel Huestions of law6
&. Cases affecting ambassadors% other public ministers and consuls6
(. Cases involving decisions% resolutions or orders of the Civil Service Commission%
Commission on ,lection% and Commission on "udit6
+. Cases where the penalty to be imposed is the dismissal of a 4udge% officer or
employee of the 4udiciary% disbarment of a lawyer% or either the suspension of any of
them for a period of more than one <1= year or a fine e$ceeding ten thousand pesos
<)10%000.00= or both6
2. Cases where a doctrine or principle laid down by the court en banc or in division may
be modified or reversed6
/. Cases assigned to a division which in the opinion of at least three <&= members
thereof merit the attention of the court en banc and are acceptable to a ma4ority of
the actual membership of the court en banc6 and
.. "ll other cases as the court en banc by a ma4ority of its actual membership may
deem of sufficient importance to merit its attention. (&irestone Ceramics, .nc. vs.
C, !!4 SCR 4*;, Cune ,<, ,+++#
"onsultations01ecisions of S"5
The conclusions o4 the # in any case su+mitted to it 4or decision en +anc or in division
shall +e reached in consultation +e4ore the case is assigned to a >em+er 4or the writing o4 the
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!!1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
opinion o4 the ourt. 3 certi4ication to this e44ect signed +y the hie4 Gustice shall +e issued and
a copy thereo4 attached to the record o4 the case and served upon the parties. 3ny >em+er
who too" no part, or dissented, or a+stained 4rom a decision or resolution must state the reason
there4or. The same re9uirements shall o+serve +y all lower collegiate courts. Section 6:,
$rticle ;III
This reHuirement does not apply to administrative cases
Section 6I, $rticle ;III5%o decision shall +e rendered +y any court without
expressing therein clearly and distinctly the 4acts and the law on which it is +ased.
8t does not apply to a minute resolution dismissing a petition for habeas corpus% certiorari and
mandamus% provided a legal basis is given therein. 9either will it apply to administrative
cases.
1eo%le vs. Garing, (.R. )o. 1!"9!!, Canuary ,<, ,++,, the trial court7s
decision may cast doubt on the guilt of the accused% not by the lac> of direct evidence
against the accused but by;
1. the trial court7s failure to fully e$plain the correlation of the facts6
!. the weight of the admissibility of the evidence6
&. the assessments made from the evidence6 and
(. The conclusion drawn therefrom% after applying the pertinent law as basis of the
decision.
%o petition 4or review or motion 4or reconsideration o4 a decision o4 the court
shall +e re4used due course or denied without stating the legal +asis there4or.
@Lac> of meritA is sufficient declaration of the legal basis for denial of petition for review
or motion for reconsideration.
/ic0angco vs. Enri$ueE, (.R. )o. 1;+*,9, Cune !+, ,++4, when the Court% after
deliberating on a petition and any subseHuent pleadings% manifestations% comments or
motions% decides to deny due course to a petition% and statesin a minute resolution
that the Huestions raised are factual or no reversible error in the respondent court7s
decision is shown or some other legal basis stated in the resolution% there is sufficient
compliance with the constitutional reHuirement.
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!!!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
/RI. -8 $,P$R-
/0e Rule on 8rit o5 m%aro (.:. )o. +"A9A1,ASC#
8t was drafted pursuant to the constitutional power of the Supreme Court to
promulgate rules and regulations for the protection and enforcement of constitutional
rights.
/RI. -8 $,P$R-5it is a remedy available to any person whose right to life% liberty%
and security has been violated or is threatened with violation by an unlawful act or
omission of a public official or office% or of a private individual or entity. The writ covers
e$tralegal >illings and enforced disappearances or threats thereof.
8t is a writ which may be issued by the courts based on this constitutional power
of the SC to promulgate rules for the protection and enforcement of constitutional
rights. 8t is a remedy to enforce fundamental rights.
8t would compel state agents to loo> for the missing person and the agents would
be held liable if they did not e$ert adeHuate effort in finding the person.
Eam&aroF5means protection% from @ampararA meaning @to protectA
/o ma* file@
The petition may be filed by the aggrieved party or by any Hualified person or
entitiy in the following order;
"ny member of the immediate family% namely;
i. Spouse
ii. Children
iii. )arents of the aggrieved party
"ny ascendant% descendant or collateral relative of the aggrieved party
within the (
th
civil degree of consanguinity or affinity% in default of those
mentioned above6 or
"ny concerned citizen% organization% association% or institution% if there is
no >nown member of the immediate family or relative of the aggrieved
party.
- The filing of a petition by the aggrieved party suspends the right of all other authorized
parties to file similar petitions. Li>ewise% the filing of the petition by an authorized party
on behalf of the aggrieved party suspends the rights of all others% observing the order
established by the law.
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!!&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
/ere can be filed@
The petition may be filed on any day at any time with the;
TC of the place where the threat% act or omission was committed or
any of its elements occurred6
Sandiganbayan
Court of "ppeals or any 1ustice of such courts
Supreme Court
- The writ shall be enforceable anywhere in the )hilippines. The court% 4ustice or 4udge
shall immediately order the issuance of the writ if on the face of the petition it ought to
issue. 8t is served on the respondent by a 4udicial officer or by a person deputized by the
court% 4ustice or 4udge who shall retain a copy on which to ma>e a return of service.
- 8n case the writ cannot be served personally on the respondent% the rules on
substituted service shall apply.
" cler> of court who refuses to issue the writ after its allowance% or a deputized
person who refuses to serve the same% shall be punished by the court% 4ustice or 4udge
for contempt without pre4udice to other disciplinary actions.
Return of te /rit5the respondent shall file a verified written return together with the
supporting affidavits within seventy#two </!= hours.
8f he fails to file a return% the court% 4ustice or 4udge shall proceed to hear the
petition ex parte or even without the appearance of the respondent.
TCreturnable before such court or 4udge
eturnable before such court or any 4ustice thereof6 or
SBIC" To any TC of the place where the threat% act or omission was
committed or any of its elements occurred
eturnable before such court or any of its 4ustices6
SC Before the SB or C" or any of their 4ustices6 or
To any TC of the place where the threat% act or omission was
committed or any of its elements occurred
2earin% on te Petition5
The hearing shall be summary in nature. Eowever% the court% 4ustice or 4udge
may call for a preliminary conference to clarify or simplify some issues and determine
the possibility of obtaining stipulations and admissions from the parties.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$vailable Interim Reliefs:
1. .em&orar* Protection -rderupon motion or motu proprio% the court% 4ustice or
4udge may order that the petitioner or the aggrieved party and any member of the
immediate family be protected in a government agency or by an accredited
person or private institution capable of >eeping and securing their safety
!. Ins&ection -rder5issued to any person in possession or control of a
designated land or other property% to permit entry for the purpose of inspecting%
measuring% surveying% or photographing the property or any relevant ob4ect or
operation thereon. The movant must show that the order is necessary to
establish the right of the aggrieved party alleged to be threatened or violated. 8t
e$pires five <+= days after date of its issuance% unless e$tended for 4ustifiable
reasons.
&. /itness Protection -rder5the witness may be referred to the 3*1 for
admission to the :itness )rotection% Security and Benefit )rogram% or to other
government agencies% or to accredited persons or private institutions capable of
>eeping and securing their safety.
- *nly the first two interim reliefs are available to the respondent after he filed a verified
motion supported by affidavits or testimonies of witnesses having personal >nowledge
of the defenses of the respondent% and after due hearing.
The Court shall render 4udgment within 10 days from the time the petition is
submitted for decision. 8f the allegations in the petition are proven by substantial
evidence% the court shall grant the privilege of the writ and such reliefs as may be
deemed proper and appropriate6 otherwise% the privilege shall be denied.
8f the court determines that it cannot proceed for a valid cause such as the failure
of petitioner or witnesses to appear due to threats on their lives% it shall not dismiss the
petition. The court shall archive it instead. The amparo court may% on its own or upon
motion by any party% order revival of the petition when ready for further proceedings.
The petition shall be dismissed with pre4udice upon failure to prosecute the case after
the lapse of two <!= years from notice to the petitioner of the order archiving the case.
@oes t0e 5iling o5 t0e %etition %reclu3e t0e 5iling o5 se%arate criminal, civil or
a3ministrative actions9
E 9o. Eowever% when a criminal action has been commenced% no separate petition for
the writ shall be filed% but the reliefs under the writ shall be available by motion in the
criminal case% and the procedure under this rule shall govern the disposition of the
reliefs available under the writ of amparo.
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!!+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
:hen a criminal action is filed subseHuent to the filing of a petition for the writ%
the latter shall be consolidated with the criminal action.
:hen a criminal action and a separate civil action are filed subseHuent to a
petition for a writ of amparo% the latter shall be consolidated with the criminal action.
"fter consolidation% the procedure under this ule shall continue to apply to the
disposition of the reliefs in the petition.
P-/3R -8 ?41I"I$L R3;I3/5
8t is the power of courts to test validity of e$ecutive and legislative acts if the
same are in accordance with the Constitution. 8t is an e$pression of supremacy of
Constitution.
?usticiable 9uestion5a given right% legally demandable and enforceable% an act or
omission violative of such right% and a remedy granted by law for said breach of right
Political 9uestions5those Huestions which% under the constitution% are to be decided
by the people in their sovereign capacity6 or in regard to which full discretionary
authority has been delegated to the legislative or e$ecutive branches of government.
)olitical Puestion 3octrine has been greatly diminished.
)olitical Huestions are Huestions of policy. They involve the wisdom of an act or the
efficacy or the necessity of a particular measure. These are Huestions which are better
left for the political branches of the government to determine or resolve.
"rose from doctrine of separation of powers
.wo (2+ .*&es of Political 9uestion
1. Those to be decided by the people themselves in their sovereign capacity
!. ?ull discretionary authority has been delegated by the Constitution to the
Legislative or ,$ecutive branch of the government
Legislative and ,$ecutivepolitical branches of the governmentwhere laws are
enacted and enforced
R3"$LL# a mode of removing a local official from his post even before his term ends
due to lac> of confidence. 8t is a political Huestion which can not be intruded by the
courts.
-bar3one vs. CB:ELEC# lac> of confidence is to be decided by the people thru a
special recall election
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!!2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
La2yerOs League vs. $uino)etitioner Huestioned the legality of the "Huino
Bovernment.
#the SC dismissed the petition that it has gone outside the ambit of 4udicial review
# the mere presence of the people% without inHuiring to their motive in going to
,3S"% caused 'arcos to fly to Eawaii.
Estra3a vs. @esierto (,++1#
The )etition Huestioned the legitimacy of the assumption of office by then Dice
)resident B'"
LawyerWs League case was cited by respondents6 that the case presented a
political Huestion% hence not sub4ect to 4udicial review
SC held that the case of LawyerWs League is inapplicable6 the government of
former )resident "Huino was the result of a successful revolution by the sovereign
people% albeit a peaceful one. 9o less than the ?reedom Constitution declared that the
"Huino government was installed through a direct e$ercise of the power of the ?ilipino
people Sin defiance of the provisions of the 1-/& Constitution% as amended.S 8t is familiar
learning that the legitimacy of a government sired by a successful revolution by people
power is beyond 4udicial scrutiny for that government automatically orbits out of the
constitutional loop. 8n chec>ered contrast% the government of respondent "rroyo is not
revolutionary in character. The oath that she too> at the ,3S" Shrine is the oath under
1-./ Constitution. 8n her oath% she categorically swore to preserve and defend the 1-./
Constitution. 8ndeed% she has stressed that she is discharging the powers of the
presidency under the authority of the 1-./ Constitution.
The case at bar pose legal and not political Huestions. The principal issues for
resolution reHuire the proper interpretation of certain provisions in the 1-./ Constitution%
notably Sec. 1 of "rticle 88 and Sec. . of "rticle D8% and the allocation of governmental
powers under Section 11 of "rticle D88. The issues li>ewise call for a ruling on the scope
of presidential immunity from suit. They also involve the correct calibration of the right of
petitioner against pre4udicial publicity. Thus% respondentWs invocation of the doctrine of
political Huestion is but a foray in the dar>.
31S$ I 31S$ II
#involves the e$ercise of people power of
revolution which overthrows the whole
government
#e7tra constitutional and the legitimacy of
the new government that resulted from it
cannot be te subBect of Budicial review
#involves the e$ercise of people power of
freedom of speech and freedom of
assembly to petition the government for
redress of grievances which only affected
the office of the )resident
#intra constitutional and the resignation
of the sitting )resident that it caused and
the succession of the D) as )resident are
subBect to Budicial review
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!!/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
#presented a political Huestion #involves legal Huestions
.G1 vs. H:BR (,+++#
The SC said that when the )resident calls out the armed forces to suppress
lawless violence% rebellion or invasion% he necessarily e$ercises a discretionar* &ower
solely vested in his wisdom. The Court cannot overrule the )residentWs discretion or
substitute its own. The only criterion is that Swhenever it becomes necessaryS% the
)resident may call out the armed forces. 8n the e$ercise of the power% on#the#spot
decisions may be necessary in emergency situations to avert great loss of human lives
and mass destruction of property. 8ndeed% the decision to call out the armed forces must
be done swiftly and decisively if it were to have any effect at all.
Section 68, $rticle ;II# )owers of the )resident
1. Calling out power as Commander#in#Chief of the "?)
!. )ower to proclaim martial law
&. )ower to suspend the privilege of the writ of ha+eas corpus
C"LL89B#*5T )*:, # full discretionary power of the )resident. 8n effect% it is
a political Huestion not sub4ect to 4udicial review 59L,SS it can be shown that
there is B"D, "B5S, *? 38SC,T8*9 <B"3= in the e$ercise of such power.
#e$panded power of the 4udicial review
#mere abuse of discretion will not do. The abuse must be
grave. To doubt is to sustain the power of the
)resident.
=rave $buse of 1iscretion $mountin% to Lack or 37cess of ?urisdiction5
capricious and whimsical e$ercise of 4udgment. The abuse of discretion must be patent
and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a
duty en4oined by law% or to act at all in contemplation of law% as where the power is
e$ercised in an arbitrary and despotic manner by reason of passion or hostility.
(.ntestate Estate o5 Carmen 3e Luna vs. .C, &ebruary 1!, 19<9#
=eneral Rule: Calling out power is not sub4ect to 4udicial review and is
considered a political Huestion.
37ce&tion: :hen there has been a B"3.
-Rs 2 and :( are not political Huestions. They are sub4ect to 4udicial review as
e$pressly provided in Sec) 68 (:+, $rticle ;II:
xxx
The # may review, in an appropriate proceeding 4iled +y
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!!.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
any citi7en, the su44iciency o4 the 4actual +asis o4 the proclamation
o4 martial law or the suspension o4 the privilege o4 the writ or the
extension thereo4, and must promulgate its decision thereon within
,< days 4rom its 4iling.
xxx
Ran3ol5 @avi3, et al. vs. (:, et al. (,++*#
)etitioners failed to rebut the assertion that B'" acted with grave abuse of discretion
SC uphold the constitutionality of ))101/ insofar as it constitutes a call by the
)resident for the "?) to prevent or suppress lawless violence. The proclamation is
sustained by Sec) 68, $rt) ;II and oter relevant Buris&rudence) Eowever% )) 101/Ws
e$traneous provisions giving the )resident e$press or implied power <1= to issue
decrees6 <!= to direct the "?) to enforce obedience to all laws even those not related to
lawless violence as well as decrees promulgated by the )resident6 and <&= to impose
standards on media or any form of prior restraint on the press% are ultra vires and
unconstitutional) The Court also rules that under Sec. 1/% "rt. C88% the president% in the
absence of legislation% cannot ta>e over privately#owned public utility and private
business affected with public interest.
ultra(vires acts and unconstitutional:
a. warrantless arrest of petitioners 3avid and Llamas6
b. the dispersal of the rallies and warrantless arrest of the F'5 and
9"?L5#F'5 members6
c. imposition of standards on media or any prior restraint on the press6
d. warrantless search of the Tribune offices and the whimsical seizures of
some articles for publication and other materials
Section 2: (2+, $rticle ;I:
8n times of war or oter national emer%enc*% the Congress may% by law%
authorize the )resident% for a limited &eriod and subBect to restrictions as it ma*
&rescribe% to e$ercise powers necessary and proper to carry out a declared national
policy. 5nless sooner withdrawn by resolution of the Congress% such powers shall
cease upon the ne$t ad4ournment thereof.
Benerally% "on%ress is te re&ositor* of emer%enc* &owers) This is evident
in the tenor of the above provision authorizing it to delegate such powers to the
)resident. "ertainl*, a bod* cannot dele%ate a &ower not re&osed u&on it)
Eowever% >nowing that during grave emergencies% it may not be possible or practicable
for Congress to meet and e$ercise its powers% the ?ramers of the Constitution deemed
it wise to allow Congress to grant emergency powers to the )resident% sub4ect to certain
conditions% thus;
<1= There must be war or oter emer%enc*
<!= The delegation must be for a limited &eriod onl*
<&= The delegation must be subBect to restrictions as te "on%ress ma*
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!!-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&rescribe
<(= The emergency power must be e$ercised to carr* out a national &olic*
declared by Congress
Let it be emphasized that while the )resident alone can declare a state of
national emergency% however% without legislation% he has no power to ta>e over
privately#owned public utility or business affected with public interest. The )resident
cannot decide whether e$ceptional circumstances e$ist warranting the ta>e over of
privately#owned public utility or business affected with public interest. 9or can he
determine when such e$ceptional circumstances have ceased. Li>ewise% witout
le%islation, the )resident has no power to point out the types of businesses affected
with public interest that should be ta>en over. 8n short% the )resident has no absolute
authority to e$ercise all the powers of the State under Section 6J, $rticle DII in the
absence of an emergency powers act passed by Congress.
[emergency power must be authorized by Congress <thru an enactment of law=
[she is not e$ercising emergency power because there was no law enacted by
Congress authorizing her to e$ercise such power
=eneral rule: )*T,ST" 3,L,B"T" 9*9 3,L,B", )*T,ST# what has been
delegated cannot be re#delegated. 8t is based on ethical principle that delegated
powers constitutes not only a right but a duty to be performed by the delegate through
the instrumentality of his own 4udgment and not through the intervening mind of another.
:hile )"BC* is allowed under its charter to enter into operator7s andIor
management contracts% it is not allowed to relinHuish or share its franchise% much less
grant a veritable franchise to another entity such as S"B,. 8n Lim vs. 1ac$uing, ,4+
SCR *49, the Court clarified that @since "3C has no franchise from Congress to
operate 4ai#alai% it cannot% even if it has license or permit from the City 'ayor% operate
4ai#alai in the City of 'anilaA. By the same to>en% S"B, has to obtain a separate
legislative franchise% and not @ride onA )"BC*7s franchise if it were to legally operate
on#line internet gambling (Ca2ors?i vs. 1(CBR, (.R. )o. 1444*!, Canuary 14,
,++4#.
37ce&tions: )ermissible 3elegation of )owers <),T"L=
P#eople power thru plebiscite and initiative# <Sec. &!% "T D86 Sec. 10% "rt. C6 Sec. !%
"rt. CD886 " 2/&+= 5nder the 1-./ Constitution% there are specific provisions where the
people have reserved to themselves the function of legislation.
Referendum vs) Plebiscite
Referendum Plebiscite
#the power of the electorate to approve or
re4ect legislation through an election called
#the electoral process by which an initiative
on the Constitution is approved or re4ected
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
for that purpose by the people
3#mergency power of the )resident. <Sec. !&<!=% "rt. D8=
.#ariff )owers to the )resident. <Sec. !.<!=% "rt. D8=
$#dministrative agencies# @The power of subordinate legislation.A
L#ocal government. <" /120= @Such legislation <by LB= is not regarded as a transfer of
general legislative power% but rather as the grant of the authority to prescribe
local regulations% according to immemorial practice% sub4ect% of course% to the
interposition of the superior in cases of necessityA (1eo%le vs. Vera). This
recognizes the fact that local legislatures are more >nowledgeable than the
national lawma>ing body on matters of purely local concern% and are in better
position to enact appropriate legislative measures thereon.
.ests for ;alid 1ele%ation:
1. Completeness Test The law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him e$cept to enforce it.
!. Sufficient Standard Test intended to map out the boundaries of the delegate7s
authority by defining the legislative policy and indicating the circumstances under
which it is to be pursued and effected. This is intended to prevent a total
transference of legislative power from the legislature to the delegate.
.ree (:+ Im&ortant 8unctions of ?udicial Review
6) Chec>ing
2) Legitimating
-ule on 3ouble 9egativeuses the term @not unconstitutionalA6 the court
cannot declare a law constitutional because it already en4oys a presumption of
constitutionality
:) Symbolic # educating the bar and bench and the people on the e$tent of protection
given by the constitutional guarantees
-)roclamation 9o. 10!1 was issued lifting )) 101/# it becomes moot and academic but
SC did not agree as the case is capable of repetition.
Re<uisites for te &ro&er e7ercise of Power of ?udicial Review
6) $ctual case or controvers*( must be definite% concrete% bearing upon the legal
relations of parties who are pitted against each other due to their adverse legal
interests.
#susceptible of 4udicial determination
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!&1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
-)hilippine courts may not render advisory opinion. There must always be an
actual case or controversy 3D"3P.: 8ntWl Court of 1ustice#principal 4udicial organ of the
5nited 9ations# 8C1 may render advisory opinions. 8ts 2 main functions are; <a= to
decide contentious cases6 and <b= to render advisory opinions upon reHuest of the
Beneral "ssembly% or the Security Council% or the other organs of the 59 when
authorized by the Beneral "ssembly.
-" reHuest for an advisory is not an actual case or controversy. But an action for
declaratory relief is proper for 4udicial determination.
-The issue raised in the case must not be moot and academic% or because of
subseHuent developments% have become moot and academic.
,--. and $"$13,I" PRIN"IPL3
=eneral Rule: Court will have to dismiss the case. There is no more actual case to be
resolved.
37ce&tions: (1avid vs) =,$+
a) Brave violation of the Constitution
b) The e$ceptional character of the situation and the paramount public interest is
involved
c) Constitutional issue raised reHuires formulation of guiding and controlling
constitutional principles% precepts% doctrines or rules and the symbolic function to
educate the bar and bench and the people on the e$tent of protection given by the
constitutional guarantees
d) "ase is ca&able of re&etition *et evadin% review5it presupposes that;
i) The life of the controversy is too short to be fully litigated prior to its termination%
and
ii) That there is a reasonable e$pectation that the plaintiff will again be sub4ected
to the same problem
2) .e constitutional <uestion must be raised b* te &ro&er &art*5" proper party
is one who has sustained or is in imminent danger of sustaining an in4ury as a result of
the act complained of. <L*C5S ST"938=
OLe%al Standin%O( personal and substantial interest in the case such that the party has
sustained or will sustain direct in4ury as a result of governmental act.
" partyWs standing in court is a procedural technicality which may be set aside by the
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!&!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Court in view of the importance of the issues involved. Thus% where the issues raised by
the petitioners are of paramount public interest% the Court may% in the e$ercise of its
discretion% brush aside the procedural barrier) (Dilosbayan vs. (uingona, ,!, SCR
11+#
8n Sanla?as vs. Executive Secretary, (.R. )o. 1;9+<;, &ebruary !, ,++4, ep.
Suplico% et al.% and Senator )imentel were considered as proper parties to contest the
constitutionality of )res. "rroyo7s proclamation of a @state of rebellionA after the
*a>wood incident.
8n .G1 vs. Hamora, (.R. )o. 141,<4, ugust 1;, ,+++% the petition see>ing to nullify
the order of )res. ,strada for the deployment of the )hilippine 'arines to 4oin the )9)
in visibility patrols around 'etro 'anila area% was dismissed on the ground that the 8B)
had no legal standing to Huestion the presidential act.
Lim vs. Executive Secretary (,++,#FBecause of the paramount importance and the
constitutional significance of the issues raised in the )etition% the Court% in the e$ercise
of its sound discretion% brushed aside the procedural barrier and too> cognizance of the
petitions.
.n5ormation /ec0nology &oun3ation vs. CB:ELEC (,++4#= the sub4ect matter of
the case is a matter of public concern and imbued with public interest6 it is of paramount
public interest and of transcendental importance.
Dilosbayan vs. :orato, ,4* SCR ;4+, the petitioners do not posses the legal
capacity to institute the action for annulment of the ,Huipment Lease "greement <,L"=
because they are without a @present substantial interestA% as distinguished from mere
e$pectancy% or future% contingent% subordinate or conseHuential interest.
@&resent substantial interestA means such interest of a party in the sub4ect
matter of the action as will entitle him% under substantive law% to recover if the evidence
is sufficient% or that he has a legal title to defend and the defendant will be protected in
payment to or recovery from him.
In @omingo vs. Carague, (.R. )o. 1*1+*;, %ril 1;, ,++;, the petitioners failed to
show any direct and personal interest in the C*" *rganizational estructuring )lan6
there was no indication that they have sustained or are in imminent danger of sustaining
some direct in4ury as a result of its implementation6 and they admitted that they do not
see> any affirmative relief nor impute any improper or improvident act against the
respondents. Clearly% then% they do not have any legal standing to file the instant suit.
In Cutaran vs. @E)R, (.R. )o. 1!49;<, Canuary !1, ,++1, the SC refused to give due
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
course to a petition see>ing to en4oin the 3,9 from processing the ancestral land
claim of private respondent over a property located at Camp 1ohn Eay reservation in
Baguio% on the ground that there is no actual or imminent violation of the petitioner7s
asserted right. Court will not touch an issue involving the validity of a law unless there
has been a governmental act accomplished or performed that has a direct adverse
effect on the legal right of the person contesting its legality. 5ntil such time% petitioners
are simply speculating that they might be evicted from the premises at a future time.
-=eneral rule: " party can Huestion the validity of a statute only if% as applied to him% it
is unconstitutional.
37ce&tion: 8$"I$L "2$LL3N=3) The statute is absolutely unconstitutional under
no circumstance. But the only time a 4acial challenge to a statute is allowed is when it
operates in the area of freedom of e$pression.
8nvalidation of the statute @on its faceA% rather than @as appliedA is permitted in
the interest of preventing a chilling effect on freedom of e$pression.
-verbreadt 1octrine5permits a party to challenge the validity of a statute
even though as applied to him% it is not unconstitutional% but it might be if applied to
others not before the Courts whose activities are constitutionally protected.
8n &rancisco, Cr. vs. Gayani &ernan3o, (.R. )o. 1**;+1, )ovember 1*, ,++*,
a citizen can raise a constitutional Huestion only when 1= he can show that he has
personally suffered some actual or threatened in4ury because of the allegedly illegal
conduct of the government6 != the in4ury is fairly traceable to the challenged action6 and
&= a favorable action will li>ely redress the in4ury.
:) .e constitutional <uestion must be raised at te earliest o&&ortune time5
generally% the Huestion must be raised in he pleadings6 however% in criminal cases% the
Huestion can be raised at any time at the discretion of the court6 in civil cases% the
Huestion can be raised at any stage of the proceedings if necessary for the
determination of the case itself6 and in ever* case% e$cept where there is estoppel% it
can be raised at any stage if it involves the 4urisdiction of the court.
8n Umali vs. (uingona, (.R. )o. 1!11,4, :arc0 ,1, 1999, the Huestion of
constitutionality of the )residential Commission on "nti#Braft and Corruption <)C"BC=
was not entertained because the issue was raised by the petitioner only in his motion for
reconsideration before the TC of 'a>ati. 8t was too late to raise the issue for the first
time at that stage of the proceedings.
I) .e decision on te constitutional <uestion must constitute te ver* LIS ,-.$
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!&(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
5must be determinative of the case itselfIentire controversy
8n rceta vs. Cu3ge :angrobang, (.R. )o. 1;,<9;, Cune 1;, ,++4, in a new
challenge to the constitutionality of B.). !!% the SC did not find the constitutional
Huestion to be the very lis mota presented in the controversy. ,very law has in its favour
the presumption of constitutionality% and to 4ustify its nullification% there must be a clear
and uneHuivocal breach of the Constitution% and not one that is doubtful% speculative or
argumentative.
P3RI-1 8-R 13"ISI-N
Section 6G, $rticle ;III5(1# 3ll cases or matters 4iled a4ter the e44ectivity o4 this
onstitution must +e decided or resolved within twenty!4our (21) months 4rom date o4
su+mission 4or the #, and, unless reduced +y the #, twelve months (;2) 4or all lower
collegiate courts, and three (,) months 4or all lower courts.
(,# 3 case or matter shall +e deemed su+mitted 4or decision or resolution upon the 4iling
o4 the last pleading, +rie4, or memorandum re9uired +y the 0ules o4 ourt or +y the
court itsel4.
(!# $pon the expiration o4 the corresponding period, a certi4ication to this e44ect signed
+y the hie4 Gustice or the presiding judge shall 4orthwith +e issued and a copy thereo4
attached to the record o4 the case or matter, and served upon the parties. The
certi4ication shall state why decision or resolution has not +een rendered or issued
within said period.
(4# (espite the expiration o4 the applica+le mandatory period, the court, without
prejudice to such responsi+ility as may have +een incurred in conse9uence thereo4,
shall decide or resolve the case or matter su+mitted thereto 4or determination, without
4urther delay.
The above provision does not apply to Sandiganbayan. The provision refers to
regular courts of lower collegiate level that in the present hierarchy applies only to the
Court of "ppeals.
The Sandiganbayan is a special court of the same level as the Court of "ppeals
and possessing all the inherent powers of a court of 4ustice% with functions of a trial
court.
Thus% the Sandiganbayan is not a regular court but a special one. (ReN 1roblem
o5 @elays in Cases Ge5ore t0e San3iganbayan, .:. ++A<A+;ASC, )ovember ,<,
,++1#
,3,-R$N14, 13"ISI-NS5
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!&+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
" specie of succinctly written decisions by appellate courts in accordance with the
provisions of Section (0% B) 1!- on the grounds of;
1. ,$pediency
!. )racticality
&. Convenience
(. 3oc>et status of the Court
To be valid% it cannot incorporate the findings of fact and the conclusions of law
of the lower court only by remote reference% which is to say that the challenged decision
is not easily and immediately available to the person reading the memorandum
decision. ?or the incorporation by reference to be allowed% it must provide for direct
access to the facts and the law being adopted% which must be contained in a statement
attached to the said decision. 8n other words% the memorandum decision authorized
under Section (0 of B) 1!- should actually embody the findings of fact and conclusions
of law of the lower court in an anne$ attached to and made an indispensable part of the
decision.
3istinctive ?eatures and )urpose;
1. 8t is rendered by an appellate court.
!. 8t incorporates by reference the findings of facts or the conclusions of law
contained in the decision% order% or ruling under review. This is to avoid
cumbersome reproduction of the decision of the lower court% or portions thereof%
in the decision of the higher court. The idea is to avoid having to repeat in the
body of the higher court decision the findings or conclusions of the lower court
since they are being approved or adopted anyway.
&. The purpose is to affirm the decision% although it is not impossible that the
approval of the finding of facts by the lower court may lead to a different
conclusion of law by the higher court. (-ao vs. C, !44 SCR ,+,, Bctober ,4,
,+++#
$rticle ID
"-NS.I.4.I-N$L "-,,ISSI-NS
Inde&endent "onstitutional "ommissions:
1. Civil Service Commission
!. Commission on ,lections
&. Commission on "udit
Safe%uards tat %uarantee te inde&endence of te "ommissions:
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!&2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. They are constitutionally created6 may not be abolished by a statute6
!. ,ach is conferred certain powers and functions which cannot be reduced by
statute6
&. ,ach e$pressly described as independent6
(. Chairmen and members are given fairly long term of office for seven </= years6
+. Chairmen and members cannot be removed e$cept by impeachment6
2. Chairmen and members may not be reappointed or appointed in an acting
capacity6
/. Salaries of chairmen and members are relatively high and may not be decreased
during continuance in office6
.. Commissions en4oy fiscal autonomy6
-. ,ach commission may promulgate its own procedural rules6
10. Chairmen and members are sub4ect to certain disHualifications calculated to
strengthen their integrity6 and
11. Commissions may appoint their own officials and employees in accordance with
Civil Service Law.
Proibitions and Inibitions:
9o member of a Constitutional Commission shall% during his tenure;
1. Eold any other office or employment6
!. ,ngage in the practice of any profession6
&. ,ngage in the active management and control of any business which in any way
may be affected by the functions of his office6 and
(. Be financially interested% directly or indirectly% in other contract with% or in any
franchise or privilege granted by the government% any of its subdivision% agencies
or instrumentalities% including B*CCs or their subsidiaries.
C'R Em%loyees ssociation vs. C'R, (.R. )o. 1;;!!*, )ovember ,4, ,++4, the
Commission on Euman ights% unli>e the three Constitutional Commissions% does not
en4oy fiscal autonomy.
Civil Service Commission vs. @G:, (.R. )o. 1;<"91, Culy ,,, ,++;, the @no report%
no releaseA policy may not be validly enforced against offices vested with fiscal
autonomy% without violating Sec. +% "rticle 8C#" of the Constitution. The @automatic
releaseA of approved annual appropriations to petitioner% a constitutional commission
vested with fiscal autonomy should thus be construed to mean that no condition to fund
releases to it may be imposed. Eowever% petitioner7s claim that its budget may not be
reduced by Congress below the amount appropriated for the previous year% as in the
case of 1udiciary% must be re4ected. The provision in Section & of "rticle D888% prohibiting
the reduction in the appropriation for the 1udiciary below the amount appropriated for
the previous year does not appear in Section +% "rticle 8C#". The plain implication of this
omission is that Congress is not prohibited from reducing the appropriations of
Constitutional Commissions below the amount appropriated for them for the previous
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!&/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
year.
"ertiorari ?urisdiction of te Su&reme "ourt
Limited to decisions rendered in actions or proceedings ta>en cognizance of by the
Commissions in the e$ercise of their ad4udicatory or Huasi#4udicial functions. 8t does not
refer to purely e$ecutive powers. Eence% Huestions arising from the award of a contract
for construction of voting booths can be brought before the trial court. (mbil vs.
CB:ELEC, (.R. )o. 14!!9<, Bctober ;, ,+++#
"I;IL S3R;I"3 "-,,ISSI-N
"om&osition:
1 Chairman6
! Commissioners
9ualifications:
1. 9atural#born citizen6
!. "t least &+ years of age at the time of appointment6
&. :ith proven capacity for public administration6 and
(. 9ot a candidate for any elective position in the election immediately preceding
the appointment.
.erm: Seven </= years without reappointment
Sco&e of te "ivil Service: ,mbraces all branches% subdivisions% instrumentalities and
agencies of the Bovernment% including government#owned and controlled corporations
with ori%inal carters USection 2(6+, $rticle ID(!V
"lasses of Service:
"areer Service5characterized by;
a. ,ntrance based on merit and fitness to be determined by competitive
e$amination or based on highly technical Hualification6
b. *pportunity for advancement6 and
c. Security of tenure.
Pinds of "areer Service:
*pen Career )ositions prior Hualification via e$amination6
Closed Career )ositions those highly technical position6
Career ,$ecutive Service 5ndersecretaries% Bureau 3irectorsL
Career *fficers those appointed by the )resident li>e those in the
foreign service6
Commissioned *fficers and enlisted men of the "?) governed by
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!&.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
separate merit system6
)ersonnel of B*CCs whether performing governmental or
proprietary functions% with original charters6 and
)ermanent laborers whether s>illed% semi#s>illed% or uns>illed.
Non("areer Service5characterized by;
a. ,ntrance on bases other than those of the usual tests of merits and fitness
utilized for the career service6 and
b. Tenure which is limited to a period specified by law% which is co#terminus
with that of the appointing authority or sub4ect to his pleasure% or which is
limited to the duration of a particular pro4ect for which purpose
employment was made.
Pinds of Non("areer:
,lective official and their personal or confidential staff6
3epartment heads and other officials of Cabinet ran> who hold
positions at the pleasure of the )resident and their personal or
confidential staff6
Chairmen and members of commissions and boards with fi$ed terms
of office and their personal or confidential staff6
Contractual personnel or those whose employment in the government
is in accordance with a special contract to underta>e a specific wor> or
4ob6 and
,mergency and seasonal personnel.
37ce&tions to te re<uirement of "om&etitive 37aminations:
1. Polic*(determinin% Position5one charged with laying down of principal or
fundamental guidelines or rules6
!. Primar* "onfidential Position5one denoting not only confidence in the
aptitude of the appointee for the duties of the office but primarily close intimacy
which ensures freedom of intercourse without embarrassment or freedom from
misgiving or betrayals of personal trust on confidential matters of state% or one
declared to be so by the )resident upon recommendation of the Civil Service
Commission.
&. 2i%l* .ecnical Position5reHuires the appointee to possess technical s>ill or
training in the supreme or superior degree.
CSC vs. Engr. @arangina, (.R. )o. 1*"4",, Canuary !1, ,++", where a non#eligible
holds a temporary appointment% his replacement by another non#eligible is not
prohibited. :hen a temporary appointee is reHuired to relinHuish his office% he is being
separated precisely because his term has e$pired.
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!&-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
/an4ay 8ater @istrict vs. Kuinit, Cr. (.R. )o. 1*+;+,, %ril ,", ,++", it is an
established rule that the tenure of office of those holding primarily confidential positions
ends upon loss of confidence% because their term of office lasts only as longs as
confidence in them endures. Their termination can be 4ustified on the ground of loss of
confidence% in which case% their cessation from office involves no removal but the
e$piration of their term of office.
Power to a&&rove0disa&&rove a&&ointments5
The authority of CSC to approve appointmentsto chec> whether or not the
appointee possesses the appropriate civil service eligibility or the reHuired Hualification
does not include the authority to ma>e the appointment itself or to direct the
appointing authority to change the employment status of an employee. The CSC can
only inHuire into the eligibility of the person chosen to fill a position and if it finds the
person Hualified% it must so attest. 8f not% the appointment must be disapproved.
(1rovince o5 Camarines Sur vs. C, (.R. )o. 1+4*!9, Culy 14, 199;#
8n the case of Lo%eE vs. CSC, 194 SCR ,*9, the SC held that the CSC has no power
to revo>e an appointment simply because it believes that the person protesting the
appointment or somebody is better Hualified% for that will constitute an encroachment of
the discretion vested solely in the appointing authority.
"-,,ISSI-N -N 3L3".I-N
"om&osition:
*ne <1= Chairman
Si$ <2= Commissioners
9ualifications:
6) 9atural#born citizen6
2) "t least &+ years of age at the time of appointment6
:) :ith proven capacity for public administration6 and
I) 9ot a candidate for any elective position in the election immediately preceding
the appointment.
G) 'a4ority% including the Chairman% must be members of the )hilippine Bar who
have been engaged in the practice of law for at least ten <10= years.
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!(0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
.erm: Seven </= years without reappointment
Section 6, &ar) 2, $rticle ID("5Chairman and Commissioners of C*',L,C are not
sub4ect to re#appointment
(#ee the case o4 :atibag vs. Geni%ayo re@ ad interim appointment)
The C*',L,C7s e$ercise of its Huasi#4udicial powers is sub4ect to Section &% "rticle 8C#
C which e$pressly reHuires that;
1. "ll elections cases% including pre#proclamation controversies% shall be
decided by the C*',L,C in division% and
!. The motion for reconsideration shall be decided by the C*',L,C en banc.
The prosecution of election law violators involves the e$ercise of the
C*',L,C7s administrative powers. Thus% the C*',L,C en banc can directly approve
the recommendation of its Law 3epartment to file the criminal information for double
registration against violators. There is no constitutional reHuirement that the filing of the
criminal information be first decided by any of the divisions of the C*',L,C. (Gaytan
vs. CB:ELEC, (.R. )o. 1;!94;, &ebruary 4, ,++!#
8n VinEonsAC0ato vs. CB:ELEC, (.R. )o. 1",1!1, %ril ,, ,++", once the
winning candidate has been proclaimed% ta>en his oath% and assumed office as a
'ember of the Eouse of epresentatives% the C*',L,C7s 4urisdiction over election
contests relating to his election% returns% and Hualifications ends% and the E,T7s own
4urisdiction begins.
8n KuiEon vs. CB:ELEC, (.R. )o. 1""9,", &ebruary 1", ,++<, the denial of
due course or cancellation of one7s certificate of candidacy is not within the
administration powers of the Commission% but rather calls for the e$ercise of its Huasi#
4udicial functions. Eence% the Court may compel C*',L,C to e$ercise such discretion
and resolve the matter but it may not control the manner of e$ercising such discretion.
Powers and 8unctions:
1. ,nforce and administer law and regulations relative to the conduct of elections%
plebiscite% initiative% referendum or recall6
!. ,$clusive original 4urisdiction over all contests relating to election% returns and
Hualifications of all elective regional% provincial% and city officials6
&. ,$clusive appellate 4urisdiction over all contests involving elective municipal
officials decided by the TC% or involving elective barangay officials by 'TC6
(. 3ecide% e$cept those involving right to vote% all Huestions affecting elections%
including the determination of number and location of polling places% appointment
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!(1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
of election officials and inspectors and registration of voters6
+. 3eputize% with concurrence of )resident% law enforcement agencies and
instrumentalities for e$clusive purpose of insuring free% orderly% honest% peaceful
and credible elections.
2. egister% after sufficient publication% political parties% organizations or coalitions
which must present their platform or program government6 accredit citizen7s
arms6
/. ?ile upon verified complaint or motu proprio petitions in court for inclusions or
e$clusions of voters6 investigate and% where appropriate% prosecute cases of
violations of election laws6
.. ecommend to Congress effective measures to minimize election spending%
limitation of places and prevent and penalize all forms of election frauds%
offenses% malpractice and nuisance candidates6 and
-. Submit to the )resident and Congress% comprehensive reports on conduct of
each election% plebiscite% initiative% referendum or recall.
"-,,ISSI-N -N $41I.
"om&osition:
*ne <1= Chairman
Two <!= Commissioners
9ualifications:
1. 9atural#born citizen6
!. "t least &+ years of age at the time of appointment6
&. C)" with at least ten <10= years auditing e$perience or members of the
)hilippine Bar with at least ten <10= years practice of law6 at no time shall all
members belong to the same position6 and
(. 9ot a candidate for any elective position in the election immediately preceding
the appointment.
.erm: Seven </= years without reappointment
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!(!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Powers and 1uties:
1. ,$amine% audit and settle all accounts pertaining to revenue and receipts of% and
e$penditures or uses of funds and property owned or held in trust or pertaining to
government6
!. Feep general accounts of government and preserve vouchers and supporting
papers6
&. "uthority to define scope of its audit and e$amination% establish techniHues and
methods reHuired therefore6 and
(. )romulgate accounting and auditing rules and regulations% including those for
preservation and disallowance.
?urisdiction of te "ommission: 9o law shall be passed e$empting any entity of the
Bovernment% or any investment of public funds% from the 4urisdiction of the C*". (Sec)
:, $rticle ID("+
-Temporary or "cting capacity appointment by the )resident to the C*',L,C% C*"%
CSC is prohibited by the Constitution.
8n Grillantes vs. -orac, 19, SCR !;<, the designation of Commissioner Gorac as
"cting Commissioner of the C*',L,C was a violation of Section 1% paragraph 1 of "rticle 8C#C.
8iscal $utonom*5
The 1-./ Constitution e$pressly and unambiguously grants fiscal autonomy only
to 1udiciary% the constitutional commissions% and the *ffice of *mbudsman. The
Commission on Euman ights has no fiscal autonomy. (C'R Em%loyeesJ ssociation vs.
C'R, (.R. )o. 1;;!!*, Culy ,1, ,++*#
$rticle D
L-"$L =-;3RN,3N.
<8n relation to epublic "ct 9o. /120Local Bovernment Code=
Public "or&oration5one created by the state either by general or special act for
purposes of administration of local government or rendering service in the public
interest.
1e 8acto ,unici&al "or&orations5those where the people have organized
themselves% under color of law% into ordinary municipal bodies e$ercising their powers%
with their rights dependent Huite as much as on acHuiescence as on the regularity of
their origin.
eHuisites;
6) Dalid law authorizing incorporation6
2) "ttempt in good faith to organizing under it6
:) Colorable compliance with law6 and
I) "ssumption of corporate powers.
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!(&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Local =overnment5described as a political subdivision of a nation or state which is
constituted by law and has substantial control of local affairs.
These subdivisions are the following;
1. )rovinces6
!. Cities6
&. 'unicipalities6
(. Barangays6
+. "utonomous egion of 'uslim 'indanao <"''=6
2. Cordillera "dministrative egion <C"=6
/. Special metropolitan political subdivisions6
Created for the sole purpose of coordination of delivery of basic services.
.. Sub#provinces <as recognized by "rticle CD888=
Barangaythe basic political and territorial self#governing body corporate and is
subordinate to the municipality or city of which it forms part.
$utonomous re%ion5consists of provinces% cities% municipalities% and geographical
areas sharing common and distinctive historical and cultural heritage% economic and
social structures% and other relevant characteristics within the framewor> of the
constitution and the national sovereignty as well as the territorial integrity of the republic
of the )hilippines.
$dministrative re%ions5are mere groupings of contiguous provinces for
administrative purposes. They are not territorial and political subdivisions li>e provinces%
cities% municipalities and barangays. :hile the power to merge administrative regions is
not e$pressly provided for in the Constitution% it is a power which has traditionally been
lodged with the )resident to facilitate the e$ercise of the power of general supervision
over local governments.
1evolution5refers to the act by which the national government confers power and
authority upon the various local government units to perform specific functions and
responsibilities. USection 6J (e, 2
nd
&ara%ra&+, L="V
Section I, $rticle D5The President o4 the Philippines shall exercise general
supervision over local governments. Provinces with respect to component cities and
municipalities, and cities and municipalities with respect to component +arangays shall
ensure that the acts o4 their component units are within the scope o4 their prescri+ed
powers and 4unctions. <See the case of 1udge 3adole on page !1&=
Section H, $rticle D5" share in the national ta$es collected by the national
government is another source of revenue for local units. The amount will be @as
determined by law.A This is distinct from the ta$es which the local government itself
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!((
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
might impose.
Section J, $rticle D5"nother source of revenue for local governments is the share in
the proceeds from the e$ploitation and development of natural resources found within
the locality. This can ta>e the form of financial benefits for the local units coming from a
share in fees% charges% and other incomes coming from development% and it can also
ta>e the form of direct benefit for the population coming in the form% for instance% of
cheaper electric power rates of energy sourced in the locality% or priority in employment.
This can be effected either through national or local laws.
Section 8, $rticle D5the term o4 o44ice o4 elective local o44icials, except +arangay
o44icials, which shall +e determined +y law, shall +e three years and no such o44icials
shall serve 4or more than three consecutive terms. *oluntary renunciation o4 the o44ice
4or any length o4 time shall not +e considered as an interruption in the continuity o4 his
service 4or the 4ull term 4or which he was elected.
Section . cannot be more clear and e$plicitthe term of office of elected local
officials% shall be & years and no such officials shall serve for more than & consecutive
terms. 5pon the other hand% Section (& <d= of the Local Bovernment Code clearly
provides than no local official shall serve for more than three <&= consecutive terms in
the same position. (tty. Rivera ... vs. CB:ELEC, (.R. )os. 1*";91 an3 1"+;"",
:ay 9, ,++"#
Section 605Creation% division% merger% abolition% substantial change of boundaries are
not only sub4ect to the criteria established in the local government code but also sub4ect
to approval by a ma4ority of the votes cast in a plebiscite in the political units directly
affected.
$utorit* to "reate Local =overnment
" local government unit may be created% divided% merged% abolished% or its
boundaries substantially altered;
1. )rovince% City% 'unicipality or any other political subdivisiononly by "ct of
Congress
!. Barangaysordinance passed by the Sangguniang )anlalawigan or
)anglungsod concerned in the case of any barangay within its territorial
4urisdiction
The creation or conversion of an LB5 from one level to another level shall be based on
verifiable indicators;
a. Income5must be sufficient% to provide for all essential facilities and
services commensurate with the size of its population6
b. Po&ulation5based on total number of inhabitants within the territorial
4urisdiction of the LB56
c. Land area5must be contiguous% unless it comprises two or more islands
or is separated by an LB56 properly identified by metes and bounds6 and
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!(+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
sufficient to provide for such basic services and facilities.
1ivision and ,er%erLB5 shall comply with the same reHuirements for their creation%
provided it shall not reduce the income% population and land area of LB5s concerned to
less than the minimum reHuirements prescribed6 plebiscite be held in LB5 affected6 and
the assets and liabilities of creation shall be eHuitably distributed between the LB5s
affected and the new LB5.
Province ,unici&alit* "it* 2i%l*
urbani#ed
!aran%a*
$s to Income
)!0%000%000.00 )!%+00%000.00 )100%000%000.00 )+0%000%000.00 #
$s to Po&ulation
!+0%000 !+%000 1+0%000 !00%000 !%000 <e$cept
'etro 'anila
or in E5Cs%
+%000=
$s to Land $rea
!%000 sH. >ms.
<not applicable
if proposed
province to be
created
composed of !
or more
islands=
+0 sH. >ms.
<not applicable
if proposed
municipality to
be created
composed of !
or more
islands=
100 sH. >ms.
<not applicable if
proposed city to
be created
composed of !
or more islands=
100 sH. >ms.
Re<uisites before a &rovince, cit*, munici&alit*, or baran%a* ma* be created,
divided, mer%ed, abolised, or its boundar* substantiall* altered:
1. 8t must be in accordance with the criteria established in the Local Bovernment
Code6
!. 8t is sub4ect to approval by a ma4ority of the votes cast in a plebiscite in the
political units directly affected. (Section 60, $rticle D+
"lassification of "ities:
1. Eighly urbanized cities as determined by law6
!. Cities not raised to the highly urbanized category but whose e$isting charters
prohibit their voters from voting in provincial elections6 and
&. Component citiescities which still are under a province in some way. They
cannot be denied a vote in the election of provincial officials.
- Those in numbers 1 and ! do not vote in provincial elections% they are independent of
the province. esidents are not Hualified to run for provincial positions.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$bolition5when the income% population or land area has been irreversibly reduced to
less than the minimum standards prescribed for its creation% the LB5% thru a law or
ordinance% may be abolished.
L-"$L -88I"I$LS
1. Bovernor
!. Dice#Bovernor
&. 'embers of the Sangguniang )anlalawigan
(. 'embers of the Sangguniang )anlungsod
+. 'ayor
2. Dice#'ayor
/. 'embers of the Sangguniang Bayan
.. )unong Barangay
-. 'embers of the Sangguniang barangay
10. Sangguniang Fabataan
94$LI8I"$.I-NS:
1. Citizens of the )hilippines6
!. egistered voter in the barangay% municipality% city or province% or in the case of
a member of the SB )anlalawigan% )anlungsod% or Bayan% in the district where
he intends to be elected6
&. esident therein for at least 1 year immediately preceding election6
(. "ble to read and write ?ilipino or any other local language or dialect6
+. -n election da*, age must at least be:
a. !& yearsfor governor% vice#governor% member of the SB panlalawigan%
mayor% vice#mayor% or member of the SB panlungsod of E5C6
b. !1 yearsfor mayor% vice#mayor of independent component cities <8CC=%
component cities <CC=% or municipalities6
c. 1. yearmembers of the SB panlungsod or SB Bayan% )unong
Barangay% member of the Sangguniang )ambarangay
d. 1+ years but not more than 1. yearsfor SF
.3R, -8 -88I"3: TE,, <&= G,"S
,$NN3R -8 3L3".I-N:
1. ?or governor% vice#governor% city or municipal mayor and vice#mayor% punong
barangayelected at large in their respective units6
!. ?or the SB panlalawigan% panlungsod and bayan of E5Celected in their
respective district6
&. ?or SF Chairman and 'emberselected by the registered voters of the
Fatipunan ng mga >abataan.
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!(/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1IS94$LI8I"$.I-NS: (0ead #ection 1<, &6)
PR-2I!I.-NS $N1 IN2I!I.I-NS:
(0ead #ections /-, -< and -1 o4 the &6 and 3rticle *)
$utonom*5is either decentralization of administration or decentralization of power.
decentrali#ation of administration decentrali#ation of &ower
The central government delegates
administrative powers to political
subdivisions in order to broaden the base
of government and in the process to ma>e
local governments more responsive and
accountable% and ensure their fullest
development as self#reliant communities
and ma>e them more effective partners in
the pursuit of national development and
social progress. "t the same time% it
relieves the central government of the
burden of managing local affairs and
enables it to concentrate on national
concerns. The )resident e$ercises general
supervision over them% but only to ensure
that local affairs are administered
according to law. Ee has no control over
their acts in the sense that he can
substitute their 4udgments with his own.
8t involves an abdication of political
power in favor of the local government
units declared autonomous. 8n that case%
the autonomous government is free to
chart its own destiny and shape its own
future with minimum intervention from
central authorities. 8t amounts to self#
immolation% since in that event% the
autonomous government becomes
accountable not to the central authorities
but to its constituency.
/at kind of local autonom* is contem&lated b* te "onstitution@ /at about
te autonom* contem&lated insofar as te autonomous re%ions are concerned@
1. The principle of local autonomy under the 1-./ Constitution simply means
@decentralization.A 8t does not ma>e local governments sovereign within the state
or an @imperium in imperio.A emaining to be an intra sovereign subdivision of
one sovereign nation6 but not intended% however% to be an @imperium in imperio%A
the LB5 is autonomous in the sense that it is given more power% authority%
responsibilities and resources. )ower which used to be highly centralized in
'anila% is thereby deconcentrated% enabling especially the peripheral LB5s to
develop not only at their own pace and discretion but also with their own
resources and assets. (lvareE vs. (uingona, Cr. ,;, SCR *9;#
!. The constitutional guarantee of local autonomy in the Constitution refers to the
administrative autonomy of LB5s or% cast in more technical language% the
decentralization of government authority.
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!(.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
*n the otherhand% the creation of autonomous regions in 'uslim 'indanao and
the Cordilleras% which is peculiar to the 1-./ Constitution% contemplates the grant of
political autonomy and not 4ust administrative autonomy to these regions. Thus% the
provision in the Constitution for an autonomous regional government with a basic
structure consisting of an e$ecutive department and a legislative assembly and special
courts with personal% family and property law 4urisdiction in each of the autonomous
regions. (Cor3illera Groa3 Coalition vs. CB 1<1 SCR 49;#
The dynamic and more important aspect of local autonomy must be measured in
terms of the scope of the powers given to the local units.
Gatangas C/V, .nc. vs. C, (.R. )o. 1!<<1+, Se%tember ,9, ,++4, an ordinance
enacted by virtue of the general welfare clause is valid% unless it contravenes the
fundamental law of the )hilippines% or an act of the Legislature% or unless it is against
public policy% or is unreasonable% oppressive% partial% discriminating% or in derogation of
common right.
" local government unit cannot enact an ordinance or approve a resolution in
violation of a general law. 'unicipal authorities% under a general grant of power% cannot
adopt ordinances which infringe the spirit of a state law or repugnant to the general
policy of the state. 8t is clear that in the absence of constitutional or legislative
authorization% municipalities have no power to grant franchises.
SCS vs. tienEa, Cr. (.R. )o. 1;*+;,, :arc0 ", ,++", the Sangguniang )anlungsod
shall enact such ordinances as may be necessary to carry into effect and discharge the
responsibilities conferred upon it by law% and such as shall be necessary and proper to
provide for the health and safety% comfort and convenience% maintain peace and order
and promote the general welfare of the community and inhabitants. There is a duty to
enforce the *rdinance as long as it has not been repealed by the Sanggunian or
annulled by the courts.
@R vs. Saranggani gricultural Co., Canuary ,4, ,++", while the 3" retains the
responsibility for approving or disapproving applications for land use conversion filed by
individual landowners on their landholdings% the e$ercise of such authority should be
confined to compliance with the reHuirements and limitations under e$isting laws and
regulations. The 3"7s power in such cases may not be e$ercised in such a manner as
to defeat the very purpose of the LB5 concerned in reclassifying certain area to achieve
social and economic benefits in pursuit of its mandate towards the general welfare.
Police &ower of te Local =overnment5
" local government is considered to have properly e$ercised its police powers
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!(-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
only when the following reHuisites are met;
G) The interests of the public generally% as distinguished from those of a
particular class% reHuire the interference of the State6
efers to the eHual protection clause
H) The means employed are reasonably necessary for the attainment of the
ob4ect sought to be accomplished and not unduly oppressive.
efers to the due process clause (1arayno vs. Covellanos, (.R. )o.
14<4+<, Culy 14, ,++*#
The e$ercise of police power by the local government is valid unless it
contravenes the fundamental law of the land% or an act of the legislature% or unless it is
against public policy% or is unreasonable% oppressive% partial% discriminating% or in
derogation of a common right. (/ayaban vs. 1eo%le, (.R. )o. 1;+194, :arc0 *, ,++"#
'ave t0e %o2ers o5 L/B to register motor ve0icles an3 to issue 3riverJs
licenses 5or t0e o%eration t0ereo5 been 3evolve3 to local governments un3er t0e
Local (overnment Co3e9
E 9o. The only powers of the Land Transportation ?ranchising egulatory Board
<LT?B= to regulate the operation of tricycles#for#hire and to grant franchises for the
operation thereof had been devolved to local governments under the Local Bovernment
Code <" /120=. Clearly unaffected by the LBC are the powers of the LT* under "
(1&2 reHuiring the registration of all >inds of motor vehicles @used or operated on or
upon any public highwayA in the country. (L/B vs. City o5 Gutuan, (.R. )o. 1!1;1,,
Canuary ,+, ,+++#
.s t0e ::@ a local government unit or %ublic cor%oration en3o2e3 2it0
legislative %o2er9 .s it a s%ecial metro%olitan sub3ivision contem%late3 by
Section 11, rticle P o5 t0e Constitution9 :ay it vali3ly exercise %olice %o2er9
:ay it vali3ly or3er t0e o%ening or closure o5 %rivate sub3ivision streets to %ublic
ve0icular tra55ic9
The ''3" is not a political unit of government. The power delegated to the
''3" is given to the 'etro 'anila Council to promulgate administrative rules and
regulations in the implementation of the ''3"7s function. There is no grant of authority
to enact ordinances and regulations for the general welfare of the inhabitants of the
metropolis.
8t is thus beyond doubt that the ''3" is not a local government unit or a public
corporation endowed with legislative power. 8t is not even a @special metropolitan
political subdivisionA as contemplated in Section 11% "rticle C of the Constitution. The
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!+0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
creation of a @special metropolitan political subdivisionA reHuires the approval by a
ma4ority of the votes cast in a plebiscite in the political units directly affected. " /-!(
<law creating the ''3"= was not submitted to the inhabitants of 'etro 'anila in a
plebiscite. The Chairman of the ''3" is not an official elected by the people% but
appointed by the )resident with the ran> and privileges of a cabinet member. 8n fact%
part of his function is to perform such other duties as may be assigned to him by the
)resident% whereas in LB5s% the )resident merely e$ercises supervisory authority. This
emphasizes the administrative character of ''3".
The ''3" has no power to enact ordinances for the welfare of the community. 8t
is the LB5s% acting through their respective legislative councils% which possesses
legislative power and police power. 8n the case at bar% the Sangguniang )anlungsod of
'a>ati City did not pass any ordinance or resolution ordering the opening of 9eptune
Street% hence% its proposed opening by petitioner ''3" is illegal. (::@ vs. GelAir
Village ssociation, .nc. !,< SCR <!*#
L$/ -8 P4!LI" -88I"3RS
Public -ffice5the right% authority and duty created and conferred by law% by which for
a given period% either fi$ed by law or enduring at the pleasure of the creating power% an
individual is invested with some soverei%n functions of %overnment to be e$ercised
by him for the benefit of the public. (&ernan3eE vs. Sto. /omas, ,!4 SCR ;4*#
Public office is a &ublic trust5this reHuires that all government officials and
employees must at all times be accountable to the people% serve them with utmost
responsibility% integrity% loyalty and efficiency% act with patriotism and 4ustice% and lead
modest lives.
Public trust5implies a fiduciary relationship between a public officer% who is a trustee%
and the people% who are the beneficiaries% of a public office. Said relationship ma>es the
public officer the servant of the people% reHuires of him;
a. 5tmost responsibility6
b. 8ntegrity6
c. Loyalty6
d. ,fficiency6
e. ?idelity6
f. Bood faith6 and
g. "ccountability in the discharge of his duties
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!+1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
and demands that he ta>es no advantage of his position for his personal benefit or to
the pre4udice of the public.
"reated b*:
1. The Constitutione.g. *ffice of the )resident6
!. Dalid statutory amendments6
&. By authority of law.
3lements of Public -ffice:
1. Created by law or ordinance authorized by law6
!. )ossesses sovereign functions of the government6
&. ?unctions defined e$pressly or impliedly by law6
(. ?unctions e$ercised by an officer directly under the control of law% not under a
superior officer unless they be those of an inferior or subordinate office created
or authorized by the legislature% and by it placed under the general control of a
superior office or body6 and
+. 'ust have permanency or continuity.
"aracteristics:
1. )ublic office is a public trust6
!. )ublic office is not a property and is outside the commerce of man. 8t cannot be
sub4ect of a contract.
P4!LI" -88I"3RS5individuals vested with public office.
5nder )C% "rt. !0&any person who% by direct provision of law% popular
election or appointment by competent authority% shall ta>e part in the performance of
public functions in the Bovernment of the )hilippine 8slands% or shall perform in said
Bovernment or in any of its branches% public duties as an employee% agent or
subordinate official% of any ran> or class% shall be deemed to be a public officer.
5nder Sec. !% " &01-the term includes elective and appointive officials and
employees% permanent or temporary% whether in the classified% unclassified or e$empt
service% receiving compensation% even nominal% from the government.
D0an, Cr. vs. B55ice o5 t0e Bmbu3sman, (.R. )o. 1,;,9*, Culy ,+, ,++*, in the case
of officersIemployees in B*CCs% they are deemed @public officersA if their corporations
are tas>ed to carry out governmental functions.
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!+!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Eclassified, unclassified or e7em&t serviceF5Career and 9on#Career service under
)3 .0/
Sec) 2 (6I+, $dministrative "ode@officerA refers to a person whose duties not being
a clerical or manual nature% involve the e$ercise of discretion in the performance of the
functions of government. :hen used with reference to a person having authority to do a
particular act or perform a particular function in the e$ercise of governmental power%
@officerA includes any government employee% agent or body having authority to do the
act or e$ercise that function.
3LI=I!ILI.> $N1 94$LI8I"$.I-N
<Legislative in naturebelongs to Congress=
.wo (2+ Senses:
1. ,ndowments% Hualities or attributes which ma>e an individual eligible for public
officethe individual must possess the Hualifications at the time of appointment
or election and continuously for as long as the official relationship continues6
a. Citizenshippublic office is reserved only to citizens of the )hilippines
b. esidenceelective office or position6 in Civil Law% residence and domicile
are different. *ne can have 1 domicile but several residences. 8n )olitical
Law% they are the same. "98'5S ,D,T,938the intent to return
& >inds of domicile in )olitical Law;
i. 3omicile of birth <original=
ii. 3omicile of choicethe person left the original domicile without
3nimus 0evertendi and established a new domicile
iii. 3omicile by operation of law
:arcos vs. CB:ELECFformer ?irst Lady 8melda 'arcos
originally domiciled in Leyte. She married ?' <from 8locos=. 5nder
the Civil Code% it is the duty of the wife to live with her husband.
She acHuired the domicile of her husband% 8locos 9orte% by
operation of law.
But when her husband died% the wife has no more duty to
live with her husband. She automatically reverts bac> to her original
domicile% Leyte. 3nimus 0evertendi is applied.
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!+&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
"aasi vs) "-,3L3"5residence in a foreign country
c. "ge
d. )olitical "ffiliationas a rule% it is not a Hualification.
37ce&tions: in )arty#List% 'embership in the ,lectoral Tribunal% Commission
on appointment
!. "ct of entering into the performance of functions of public officefailure of an
officer to perform an act reHuired by law could affect the officer7s title to the given
office. <e$ample; ta>ing the oath of office=
$utorit* to Prescribe 9ualification:
6) Constitutionordinarily% ,CCL5S8D,. The legislature may not increase or
decrease Hualifications e$cept when the Constitution itself provides otherwise as
when only minimum or no Hualifications are prescribed.
,$amples; Sec) 6J (2+ $rt) DIII (2uman Ri%ts+5 The ommission shall +e
composed o4 a hairman and 4our >em+ers who must +e natural!+orn citi7ens o4
the Philippines and a majority o4 whom shall +e mem+ers o4 the Bar. The term o4
o44ice and other 9uali4ications and disa+ilities o4 the >em+ers o4 the ommission
shall +e provided +y law.
Section J (2+, $rticle ;III5 The ongress shall prescri+e the 9uali4ications
o4 judges o4 lower courts, +ut no person may +e appointed judge thereo4 unless he
is a citi7en o4 the Philippines and a mem+er o4 the Philippine Bar.
2) StatuteCongress has the plenary power to prescribe the Hualification but such
must be;
a. 6ermane to the purpose of the office6
b. %ot too speci4ic so as to refer to only one individual.
8n LecaroE vs. San3iganbayan, (.R. )o. 1!+<",, :arc0 ,;, 1999, an oath of
office is a Hualifying reHuirement for public office. *nly when the public officer has
satisfied this prereHuisite can his right to enter into the position be considered plenary
and complete. 5ntil then% he has none at all% and for as long as he has not Hualified% the
holdover officer is the rightful occupant. "n oath of office ta>en before one who has no
authority to administer is no oath at all.
Eowever% in :en3oEa vs. Laxina, (. R. )o. 14*<";, Culy 14, ,++!, once
proclaimed and duly sworn in office% a public officer is entitled to assume office and to
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!+(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
e$ercise the functions thereof. The pendency of an election protest is not sufficient
basis to en4oin him from assuming office or from discharging his functions.
Sec) G (6+, $rt) D;I53ll mem+ers o4 the armed 4orces shall ta"e an oath or
a44irmation to uphold and de4end this onstitution.
9: " was electedIappointed to public office. Ee assumed office without ta>ing the oath
of office as prescribed by the Constitution and relevant CSC rules and regulations. "re
his acts validT
$: Ges% "7s acts are considered valid% insofar as third parties and the general public are
concernedIrely on his actsacts of a 3e ?acto officer.
(#ee the case o4 B55ice o5 t0e Bmbu3sman vs. CSC, (.R. )o. 1*,,1;, Culy !+, ,++")
1IS94$LI8I"$.I-NS
The legislature has the right to prescribe disHualifications in the same manner
that it can prescribe Hualifications% provided that the prescribed disHualifications do not
violate the Constitution.
=eneral 3isHualifications under the Constitution
1. Sec) H, $rt) ID(!5 %o candidate who has lost in any election shall, within one
year a4ter such election, +e appointed to any o44ice in the 6overnment or any
6's or in any o4 its su+sidiaries.
!. Sec) J (6+, $rt) ID(!5refers to elective officials5%o elective o44icial shall +e
eligi+le 4or appointment or designation in any capacity to any pu+lic o44ice or
position during his tenure.
8n the case of &lores vs. @rilon, (.R. )o. 1+4"!,, Cune ,,, 199!, "
/!!/creating the SB'"% one provision states that 'ayor 3ic> Bordon shall be
appointed as Chairman and Chief ,$ecutive of the SB'". The SC ruled for the
constitutionality of his appointment as the first "dministrator of the SB'". Ee
was allowed to act as Chairman in an e$#officio capacity. Section /<1= of "rticle
8C#B of the Constitution refers to elective officials. The second paragraph% refers
to appointive officials% made two e$ceptions;
a. 5nless otherwise allowed by law6 or
b. 5nless otherwise allowed by the primary function of his position.
Eence% 'ayor Bordon7s appointment is valid.
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!++
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. Sec) J (2+, $rt) ID(!5$nless otherwise allowed +y law or +y the primary
4unctions o4 his position, no appointive o44icials shall hold any other o44ice or
employment in the 6overnment or any su+division, agency or instrumentality
thereo4, including 6's or their su+sidiaries.
)ational mnesty Commission vs. CB, (.R. )o. 1;*9<,, Se%tember <, ,++4,
when another office is held by a public officer in an e$#officio capacity% as provided by
law and as reHuired by the primary functions of his office% there is no violation% because
such other office does not comprise @any other positionA. The e$#officio position is
actually and% in legal contemplation% part of the principal office. But the official
concerned is not entitled to receive additional compensation for his services in the said
position because his services are already paid for and covered by the compensation
attached to his principal office.
S&ecific 3isHualifications under the Constitution
1. Sec) 6:, $rt) ;II5The )resident% D)% 'ember of the Cabinet% and their deputies
or assistants shall not% unless otherwise provided in the Constitution% hold any
other office or employment during their tenure.
!. Sec) 6:, $rt) ;I 9o Senator or 'ember of the E* may hold any other office
or employment in the government% or any subdivision% agency or instrumentality
thereof% including B*CCs or their subsidiaries% during his term without forfeiting
his seat. 9either% shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was
elected.
Incom&atible -ffice 8orbidden -ffice
# 9o Senator or 'ember of the E*
may hold any other office or
employment in the government% or any
subdivision% agency or instrumentality
thereof% including B*CCs or their
subsidiaries% during his term without
forfeiting his seat.
# The purpose is to prevent him from
owing loyalty to another branch of the
government% to the detriment of the
independence of the legislature and the
doctrine of separation of powers.
#what is prohibited is the simultaneous
holding of that office and the seat in
# 9either% shall he be appointed to any
office that has been created or the
emoluments thereof have been
increased during the term for which he
was elected.
#the purpose is to prevent traffic>ing in
public office.
#what is prohibited is the appointment
to the office during the term for which
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!+2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Congress. "ny legislator may hold
another office or employment in the
government provided he forfeits his
seat in the Congress.
he was elected% when such office was
created or its emoluments were
increased.
&. Sec) 62, $rt) ;III5The >em+ers o4 the # and o4 other courts esta+lished +y
law shall not +e designated to any agency per4orming 9uasi!judicial or
administrative 4unctions.
(. Sec) 2, $rt) ID($5%o >em+er o4 a onstitutional ommission shall, during his
tenure, hold any other o44ice or employment. The same disHualification applies to
the *mbudsman and his 3eputiesSec) 8, $rt) DI)
+. Sec) 66, $rt) DI5The 'm+udsman and his (eputies shall not +e 9uali4ied to run
4or any o44ice in the election immediately succeeding their cessation 4rom o44ice.
2. Sec) 6, $rt) ID(!L $rt) ID("L Sec) 6, $rt) ID(1L Sec) 8, art) DI5>em+ers o4 the
onstitutional ommissions, the 'm+udsman and his (eputies must not have
+een candidates 4or any elective position in the elections immediately preceding
their appointment.
/. Sec) 6 (2+, $rt) ID(!L Sec) 6 (2+, $rt) ID("L Sec) 6 (2+, $rt) ID(1L Sec) 66, $rt)
DI(( >em+ers o4 the onstitutional ommissions, the 'm+udsman and his
(eputies are appointed to a term o4 seven (.) years without reappointment.
.. Sec) 6:, $rt) ;II5the spouse and relatives by consanguinity or affinity within the
fourth civil degree of the )resident shall not% during his tenure% be appointed as
'embers of the Constitutional Commissions% or the *ffice of the *mbudsman% or
as Secretaries% 5ndersecretaries% chairmen or heads of bureaus or offices%
including B*CCs.
1ublic .nterest Center, .nc. vs. :ag3angal Elma, (.R. )o. 1!<9*;, :arc0 ;, ,++",
the concurrent appointments of respondent as )CBB Chairman and Chief )residential
Legal Counsel <C)LC= are unconstitutional. The concurrent appointment to these
offices is in violation of Section / <!=% "rticle 8C#B of the Constitution% since these are
incompatible offices. The duties of the C)LC include giving independent and impartial
legal advice on the actions of the heads of various e$ecutive departments and agencies
and reviewing investigations involving heads of e$ecutive departments. Since the
actions of the )CBB Chairman% a head of an e$ecutive agency% are sub4ect to the
review of the C)LC% such appointments would be incompatible.
1is<ualifications under te Local =overnment "ode: (Section I0, L="+
The following persons are disHualified from running for any elective local position;
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!+/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. Those sentenced by final 4udgment for an offense involving moral turpitude or for
an offense punishable by one year or more of imprisonment% within two <!= years
after serving sentence6
!. Those removed from office as a result of an administrative case6
&. Those convicted by final 4udgment for violating the oath of allegiance to the
epublic6
(. Those with dual citizenship6
+. ?ugitive from 4ustice in criminal or non#political cases here or abroad6
2. )ermanent residents in a foreign country or those who have acHuired the right to
reside abroad and continue to avail of the same right after the effectivity of this
Code6
/. The insane or feeble#minded.
Caasi vs. CB:ELEC, 191 SCR ,,9, to be Hualified to run for elective office% the law
reHuires that the candidate who is a green card holder must have waived his status as a
permanent resident or immigrant of a foreign country. The waiver should be manifested
by some act or acts independent of and done prior to filing his certificate of candidacy
for elective office. The reason is that residence in the municipality where he intends to
run for elective office which is at least one <1= year at the time of the filing of his
certificate of candidacy% is one of the Hualifications that a candidate must possess. The
mere filing of his C*C for elective office in the country is not sufficient. The election of a
candidate who is a green card holder or who has not validly waived his status as a
green card holder is null and void.
Ro3rigueE vs. CB:ELEC, ,;9 SCR ,9*, the term @fugitive from 4usticeA includes not
only those who flee after conviction to avoid punishment but li>ewise those who% after
being charged in the )hilippines or abroad% flee to avoid prosecution. 8ntent to evade on
the part of a candidate must be established by proof that there has already been a
conviction or at least% a charge has already been filed% at the time of flight. Ee is not a
fugitive from 4ustice when% at the time of departure from abroad to the )hilippines% there
is yet no complaint filed against him abroad. 8n this case% it was established that the
case was filed against odriguez five <+= months after he had returned to the
)hilippines. :hat is controlling is the intent to evade the California court.
13 8$".- -88I"3RS5
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!+.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
*ne who has reputation of being an officer that he assumes to be% and yet is not
an officer in point of law.
eHuisites;
1. " valid e$isting office6
!. "ctual physical possession of said office6
&. Color of title to the office% either by;
a. eputation or acHuiescence6
b. Fnown or valid appointment or election but officer failed to conform with
legal reHuirements6
c. Fnown appointment or election but void because of ineligibility of officer or
want of authority of appointing or electing authority or irregularity in
appointment or election not >nown to the public6 and
d. Fnown appointment of election pursuant to unconstitutional law before
declaration of unconstitutionality.
1e 8acto -fficer 1e ?ure -fficer 4sur&er0Intruder
the person is in actual
possession of office but he
merely has a color of title
acts are valid insofar as &
rd
parties and the general
public is concern but he is
not suppose to benefit from
his actsagainst public
policy.
challenged in a direct
proceeding where the title
he has lawful title to hold
office although he may be
unlawfully deprived of his
office
his acts are valid
challenged in a direct
proceeding thru 9uo
he is in actual possession
of the office without title or
colorable title
his acts are entirely void
can be attac>ed
collaterally
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!+-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
will be the principal issue warrantoF cannot be
attac>ed collaterally
9: .s a 3eA5acto o55icer la25ully entitle3 to t0e salary o5 t0e o55ice 0e is occu%ying9
$: 9o% he is not supposed to benefit from his acts. 8t is against public policy. *therwise%
it will encourage other people to be a de facto officer that will result to chaos.
37ce&tions:
c. 8f there is no de#4ure officer claiming for the same salary6
d. 8f the assumptionIact was done in good faith.
Legal ,ffects of "cts; Dalid% binding and with full legal effect insofar as they affect the
public. 8t is intended for the protection of the public and individuals who get involved in
the official acts of persons discharging the duties of a public office. (:onroy vs. C, ,+
SCR *,+#
(eneral :anager, 11 vs. :onsarate, (.R. )o. 1,9*1*, %ril 1", ,++,, a rightful
incumbent of a public office may recover from a de facto officer the salary received by
the latter during the time of his wrongful tenure% even though he <the de facto officer=
occupied the office in good faith and under color of title.
1uties of a &ublic officer:
". Constitutional 3uties
a. To be accountable to the people6 to serve them with utmost responsibility%
integrity% loyalty and efficiency6 to act with patriotism and 4ustice6 and to
lead modest lives (Section 6, $rticle DI+)
b. To submit a declaration under oath of his assets% liabilities and net worth
upon assumption of office and as often thereafter as may be reHuired by
law (Section 6J, $rticle DI+)
c. To owe the State and the Constitution allegiance at all times (Section 68,
$rticle DI+)
B. Specific Cases;
a. The Solicitor Beneral7s duty to represent the government% its offices and
instrumentalities and its officials and agentse$cept in criminal cases or
civil cases for damages arising from felonyis mandatory. "lthough he
has discretion in choosing whether or not to prosecute a case or even
withdraw therefrom% such discretion must be e$ercised within the
parameters set by law and with the best interest of the State as the
ultimate goal. ((onEales vs. C0aveE, ,+; SCR <1"#
b. The government is not stopped from Huestioning the acts of its officials%
more so if they are erroneous or irregular (S0ar% .ntJl :?tg. vs. C, 1;4
SCR <<#.
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!20
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Proibitions:
1. ,ngaging in partisan political party e$cept to vote
!. "dditional or double compensation
&. )rohibition against loans
(. Laborersshall not be assigned to perform clerical duties
+. 3etail or reassignment
2. 9epotism
Ri%ts of &ublic officers:
1. ight to office
!. ight to salary
&. ight to preference in promotion
(. ight to vacation and sic> leave
+. ight to maternity leave
2. ight to retirement pay
/. *thersright to reimbursement for e$penses incurred in the due performance of
his duty6 right to be indemnified6 right to longevity pay.
"-,,3N"3,3N. -8 -88I"I$L R3L$.I-NS
". By "ppointment
B. By ,lection
$PP-IN.,3N.5
The selection% by authority vested with power% of individual who is to perform
functions of a given office. (Ginamira vs. (arruc0o, (.R. )o. Culy !+, 199+#
8t is an uneHuivocal act of designating or selecting by one having the authority
therefor of an individual to discharge and perform the duties and functions of an office or
trust. The appointment is deemed complete once the last act reHuired of the appointing
authority has been complied with and its acceptance thereafter by the appointee in
order to render it effective. "ppointment necessarily calls for an e$ercise of discretion
on the part of the appointing authority.
Germu3eE vs. /orres, !11 SCR "!!, the right of choice is the heart of the
power to appoint. 8n the e$ercise of power to appoint% discretion is an integral thereof.
"ommission5is the written evidence of appointment.
1esi%nation5is the imposition of additional duties% usually by law% on a person
already in public office.
8t presupposes that the person has already been appointed and merely given
additional functionItas>s.
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!21
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
- " mere designation does not confer security of tenure% as the person
designated occupies the position only in an acting capacity. (Sevilla vs. C, ,+9 SCR
*!"#
"lassification of a&&ointments:
!. Permanent5e$tended to a person possessing the reHuisite Hualification for the
position and thus en4oys security of tenure.
&. .em&orar*5acting appointment given to a non#civil service eligible6 is without a
definite tenure and is dependent upon the pleasure of the appointing power6
(. Provisional5one which may be issued upon;
a. )rior authorization of the Commissioner of the Civil Service
b. To a person who has not Hualified in an appropriate e$amination
c. But who otherwise meets the reHuirements for appointment to a regular position
in the competitive service
d. :henever a vacancy occurs
e. The filing thereof is necessary in the interest of the service and
f. There is no appropriate register of those who are eligible at the time of
appointment.
+. Re%ular5one made by the )resident while Congress is in session and becomes
effective after the nomination is confirmed by the Commission on "ppointment
and continues until the end of the term.
H) $d(interim5
a. Recess5one made while the Congress is not in session% before
confirmation by the Commission on "ppointment6 immediately effective6
and ceases to be valid if disapproved or bypassed by C" upon the ne$t
ad4ournment of Congress6
b. ,idni%tmade by the )resident before his term e$pires% whether or not
it is confirmed by the C"
:atibag vs. Geni%ayo, (.R. )o. 149+!*, %ril ,, ,++,F<See discussion under "rticle D88=
(eneral :anager, 11 vs. :onsarate, (.R. )o. 1,9*1*, %ril 1", ,++,, once an
appointment is issued and the moment the appointee assumes a position in the civil
service under a complete appointment% he acHuires legal% not merely eHuitable% right to
the position which is protected not only by statute% but also by the Constitution% and
cannot be ta>en away from him either by revocation of the appointment% or by removal%
e$cept for cause% and with previous notice and hearing.
$cce&tance b* a&&ointeepending such acceptance% which is optional to the
appointee% the appointment may still be validly withdrawn. "ppointment to a public office
cannot be forced upon citizen e$cept for purposes of defense of the State under Section
(% "rticle 88 of the Constitution% as an e$ception to the rule against involuntary servitude.
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!2!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1iscretion of a&&ointin% autorit*5appointment is essentially discretionary power
and must be performed by the officer in which it is vested according to his best lights%
the only condition being that the appointee% id issued a permanent appointment% should
possess the minimum Hualification reHuirements% including Civil Service eligibility
prescribed by law for the position. This discretion also includes the determination of the
nature or character of the appointment% i.e.% whether the appointment is temporary or
permanent. (Luego vs. CSC, 14! SCR !,"#
$ctin% a&&ointment5a temporary appointment and revocable in character.
1ouble $&&ointment5not prohibited as long as the positions involved are not
incompatible% e$cept that the officer or employee appointed cannot receive additional or
double compensation unless specifically authorized by law.
Primaril* confidential Positions5denotes not only confidence in the aptitude of the
appointee for the duties of the office but primarily close intimacy which insures freedom
of intercourse without embarrassment or freedom from misgivings of betrayals of
personal trust and confidential matters of state. 8t is the fact of loss of confidence% not
the reason for it that is important and controlling. (Santos vs. :acaraig, ,+< SCR "4#
Ne7t(in(Rank Rule5refers to a position which% by reason of the hierarchical
arrangement of positions in the department or agency or in government% is determined
to be the nearest degree of relationship to a higher position ta>ing into account the
following;
1. *rganization structure is reflected in the approved organizational chart6
!. Classification andIor functional relationships6
&. Salary andIor range allocation6
(. Beographical location.
" Hualified ne$t#in#ran> is an employee appointed on a permanent basis to a
position previously determined to be ne$t#in#ran> to the vacancy proposed to be filled
and who meets the reHuisites for appointment thereto as previously determined by the
appointing authority and approved by the Civil Service Commission.
- The ne$t#in#ran> rule neither grants a vested right to the holder nor imposes a
ministerial duty on the appointing authority.
The ne$t#in#ran> rule applies only if the vacancy is filled by promotion
.ransfer5a lateral movement in the same position
Promotion5is a vertical movement of position
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!2&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
LI,I.$.I-N -N .23 .3R, -8 -88I"35
Two <!= )olicies;
1. To prevent establishment of political dynasty
!. ,nhancing the freedom of choice of the people
-.wo (2+ conditions tat must concur to a&&l* 1is<ualification:
1. The local official was elected for three <&= consecutive times% for the same
position6
!. Ee had fully served the three <&= consecutive terms.
3lective local official& years and may serve only for & consecutive terms
######################
1-..Capco was a Dice#'ayor
1-.-the 'ayor <Bor4a% Sr.= died% Capco succeeded as 'ayor
1--!Capco ran for 'ayor and won
1--+he ran for re#election and won again
1--.8s he still Hualified to runT
The SC held that 'ayor Capco is still Hualified in 1--. local election. The right to
be elected for & consecutive times for the same position was not present in this case.
'ayor Capco did not fully serve his term in 1-.-. Ee became a mayor thru succession
and not election. (Gor4a, 4r. vs. CB:ELEC I :ayor Ca%co o5 1ateros#
(((((((((((((((((((((((
1--!
1--+ C was elected 'ayor
1--.
Eowever% in 3ecember 1% !000% before his &
rd
term ends% he resigned. Is e still
<ualified to run as ma*or for te ne7t election@
No, he is no longer allowed to run. esignation is not considered as an
interruption in the continuity of his service of office for which he was elected.
######################
1--!
1--+ C was elected as 'ayor
1--.
*n 3ecember 1% !000% before his &
rd
term ends% he was removed for misconduct.
Ee did not appeal the case. The administrative case attained finality. 8s he Hualified to
run again for mayor in the !001 electionT
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!2(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
9o. he has been elected for & consecutive times for the same position. Section
(0 <b= of the LBC provides for his disHualificationremoved as a result of administrative
case. Eowever% if he appealed% he is still Hualified because there is no finality of
4udgment yet.
######################
1--!
1--+ C was elected as 'ayor
1--.
*n 3ecember 1% !000% he was removed for grave misconduct. Ee was able to
appeal seasonably. 8n 'ay !001% he filed his certificate of candidacy for mayor. Eis
opponent filed a disHualification case. The C*',L,C did not act immediately on the
3P case. Ee won as mayor.
2eld:
1. The 3P filed in C*',L,C should be dismissed as there was no finality yet of
the administrative case.
!. The administrative case should also be dismissed. Eis re#election should be
considered as a condonation by the people of whatever administrative case filed
against him.
1octrine of 8or%iveness or "ondonation5when the people have elected a man to
office% it must be assumed that they did this with >nowledge of his life and character%
and that they disregarded or forgave his faults or misconduct% if he had been guilty of
any. 8t is not for the court% by reason of such faults or misconduct to practically overrule
the will of the people.
guinal3o vs. Santos, ,1, SCR "*<, a public official cannot be removed for
administrative conduct committed during a prior term% since his re#election to office
operates as a condonation of the officer7s previous conduct to the e$tent of cutting off
the right to remove him therefor. The foregoing rule% however% finds no application to
criminal cases pending against petitioner.
:ayor lvin (arcia vs. 'on. :o4ica, et al., (.R. )o. 1!9+4!, Se%tember 1+, 1999, a
re#elected local official may not be held administratively accountable for misconduct
committed during his prior term of office. The rationale for this holding is that when the
electorate put him bac> into office% it is presumed that it did so with full >nowledge of his
life and character% including his past misconduct. 8f% armed with such >nowledge% it still
reelects him% such re#election is considered a condonation of his past misdeeds.
1--!
1--+ Eagedorn was elected as 'ayor
1--.
8n !001% Eagedorn ran for governor but lost. Socrates was elected as mayor.
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!2+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1une &0% !001end of Eagedorn7s term for mayor
1uly !% !00!resolution calling for recall of 'ayor Socrates
September !00!C*',L,C set special election for )uerto )rincesa City6 Eagedorn
filed his
C*C for mayor. :as he HualifiedT
2eld: the three <&=#term limit rule found in Sec. (&#b% LBC has two <!= parts;
1. Three <&= consecutive terms
!. "ny length of time will interrupt
The provision spea>s of a re%ular election and not a s&ecial one. 8n this case% recall is
a special election. 8t is not considered as immediate election. The immediate election
that prohibits Eagedorn from running for mayor is the ne$t regular election after his &
consecutive terms has ended% the !001 election.
@any subseHuent electionAis not covered by the prohibition.
Ee won in the September !00! recall election. Ee will continue the term of Socrates.
Eis term will end on 1une &0% !00(a term which is less than & years.
:hat if in;
!00(
!00/ he was elected as 'ayor
'ay he run again in !010T
9o more. ecall election term is considered as one full term for purposes
of applying the disHualification. *therwise% Eagedorn will be allowed to serve for
more than nine <-= years.
- The above hypothetical problem was only an obiter dictum in the case of Socrates vs.
C*',L,C.
The rule is% service of the recall term will not interrupt the &#consecutive term rule. 8n the
case of :en3oEa vs. CB:ELEC, the SC did not abandon the ruling in Socrates
because it was merely an obiter dictum)
###########################
1--+?rancis *ng ran for mayor% he won
1--.Ee ran and won again. "legre filed a protest.
!001*ng ran and won again. The protest in 1--. was decided by the TC on 1uly (%
!001 that it was "legre who won in 1--. election.
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!22
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!00(*ng ran again. "legre Huestioned. *ng alleged that his proclamation as mayor#
elect in the 'ay 1--. election was contested and eventually nullified by the TC of
3aet.
Issue: :hether or not *ng7s assumption of office as 'ayor from 1uly 1% 1--. to 1une
&0% !001 may be considered as one full term service in the conte$t of the consecutive &#
term limit ruleT
2eld: The assumption of office from 1uly 1% 1--. to 1une &0% !001 constitutes @service
for the full termA and should be counted as a full term served in contemplation of the &#
term limit prescribed by the Constitution and LBC% barring local elective officials from
being elected and serving more than &#consecutive term for the same position. $ $ $ Eis
proclamation by the 'unicipal Board of Canvassers of San Dicente as the duly elected
mayor in the 1--. mayoralty election coupled by his assumption of office and his
continuous e$ercise of the functions thereof from start to finish of the term% should
legally be ta>en as service for a full term in contemplation of the &#term rule.
There was no interruption or brea> in the continuity of *ng7s service respecting
the 1--.#!001 term. *ng was never unseated during the term in Huestion6 he never
ceased discharging his duties and responsibilities as 'ayor of San Dicente% Camarines
9orte for the entire period covering the 1--.#!001 term.
8n the case of LonEani3a vs. CB:ELEC, !11 SCR *+, (1999#, Lonzanida was
elected and served for ! consecutive terms as mayor of San "ntonio% Vambales prior to
the 'ay .% 1--+ elections. Ee then ran again for the same position in the 'ay 1--+
elections% won and discharged his duties as 'ayor. Eowever% an election protest was
filed before TC of Vambales. 8n a decision dated 1uly -% 1--/% it was held that there
was a failure of elections and the position for mayor as vacant. Lonzanida assumed the
office and performed his duties up to 'arch 1--. only. 3uring the 1--. elections%
Lonzanida ran again for mayor. " petition to disHualify under the three#term limit rule
was filed and was eventually granted. The Court held that Lonzanida cannot be
considered as having been duly elected to the post in the 'ay 1--+ election% and that
he did not fully serve the 1--+#1--. mayoralty term by reason of involuntary
relinHuishment of office. Ee cannot be deemed to have served the 'ay 1--+ to 1--.
term because he was ordered to vacate <and in fact vacated= his post before the
e$piration of the term. There was an involuntary severance from office as a result of
legal processes. 8n fine% there was an effective interruption of the continuity of service.
;$"$N"I3S $N1 S4""3SSI-N
"once&t of ;acanc*:
Two <!= )rinciples to consider;
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!2/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. *ne who illegally terminated% by legal fiction% is deemed not to have vacated his
position
!. *ne% no matter how Hualified% may not filled a position which is not vacant
Rule on $utomatic Succession <Section ((% LBC=
" permanent vacancy arises when an elective local official;
1. ?ills a higher vacant office6
!. efuses to assume office6
&. ?ails to Hualify6
(. 3ies6
+. 8s removed from office6
2. Doluntarily resigns6
/. *r is otherwise permanently incapacitated to discharge the functions of his office.
-an>ing in the Sanggunian shall be determined on the basis of the proportion of votes
obtained by each winning candidate to the total number of registered voters in each
district in the immediately preceding local election.
=overnor ,a*or Punon% !aran%a*
;ice =overnor ;ice ,a*or
2i%est rankin% san%%unian member02
nd
i%est rankin% san%%unian member
(in case of &ermanent inabilit* of te i%est rankin% member+
- 8n Case of tie between or among the highest ran>ing sanggunian membersit shall
be resolved by the drawin% of lots.
- The successors shall serve onl* the une$pired terms of their predecessors.
Section II, L="5?illing the vacancy
Last(in(rank5the one who will replace him must come from the same political party of
the one who caused the vacancy% upon nomination of the party.
/o sall a&&oint@
1. Presidentthrough the ,$ecutive Secretaryin case of permanent vacancies in
the Sangguniang )anlalawigan and the Sangguniang )anlungsod of E5C and
independent component cities6
!. =overnorin case of the Sangguniang )anglungsod of component cities and
the Sangguniang Bayan6
&. "it* or munici&al ma*orin case of Sanggguniang Barangayupon
recommendation of the Sangguniang Barangay concerned.
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!2.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
- " nomination and a certificate of membership of the appointee from the highest official
of the political party concerned are conditions sine 9ua non. "ny appointment without
such nomination and certification shall be null and void a+ initio and shall be a ground
for administrative action against the official responsible therefor.
No &olitical &art*, ow sall te vacanc* be filled@ (Section IG(c, L="+
The local chief e$ecutive shall appoint% upon recommendation of the sanggunian
concern% a Hualified person to fill the vacancy.
&ari>as vs. Garba, the last#in#ran> sangguniang bayan member resigned. 'ayor
Barba% upon recommendation of the Sangguniang Bayan% appointed somebody.
Eowever% Bov. ?ariZas also appointed somebody% upon recommendation of the
Sangguniang )anlalawigan. The SC held that neither is entitled to occupy the vacancy.
8t should have been Bov. ?ariZas who should appoint but the sanggunian who
recommended should be the Sangguniang Bayan where the vacancy too> place.
)avarro vs. C, :arc0 ,++1
'ayor La>as#95C3
D#'ayor La>as#95C3
1. SB 'ember
!. SB 'ember
&. SB 'ember came from eforma )arty
(. SB 'ember
+. SB 'ember
2. SB 'emberLa>as 95C3
/. SB 'embereforma )arty
.. SB 'emberLa>as 95C3
The 'ayor died. Dice 'ayor succeeded. The K1 SB 'ember became the Dice 'ayor.
The K. slot became vacant. The Bovernor appointed somebody from eforma )arty.
The SC held that the appointment made by the governor is valid. The last ran>ing shall
be filled by eforma )arty to maintain party representation in the Sanggunian as willed
by the electorate.
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!2-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
(amboa, Cr. vs. guirre, Culy 1999
The Dice#Bovernor acted as Bovernor. Can he <D#Bovernor= preside over the sessions
of Sangguniang )anlalawiganT
No) The creation of temporary vacancy in the office of the governor creates a
corresponding vacancy in the office of the vice#governor. Section IK(d, L=", the
members present and constituting a Huorum shall elect from among themselves a
temporary presiding officer.
The rule on permanent vacancy should not be applied to temporary vacancy.
/o a&&oints te !aran%a* Secretar* or .reasurer@
8n the case of l$uisola, Sr. vs. (allar3o Bcol, ugust 1999, the SC held that
the Barangay secretary or treasurer shall be appointed conBointl* by the )unong
Barangay and the Sanggguniang Barangay.
Situations covered b* te Law on Ne&otism:
*ne is guilty of nepotism if an appointment is issued in favor of a relative within
the tird civil de%ree of consanguinity or affinity of any of the following;
a. "ppointing authority6
b. ecommending authority6
c. Chief of the bureau of office6 and
d. )erson e$ercising immediate supervision.
8n the last situations <c and d=% it is immaterial who the appointing or
recommending authority is. To constitute a violation of the law% it suffices that an
appointment is e$tended or issued in favor of a relative within the :
rd
civil de%ree of
consan%uinit* or affinit* of the chief of the bureau or office% or the person e$ercising
immediate supervision over the appointee. (CSC vs. @acoycoy, (.R. )o. 1!;<+;,
%ril ,9, 1999#
37em&tions:
1. )ersons employed in confidential capacity6
!. Teachers6
&. )hysicians6
(. 'embers of the "?)6
+. 'ember of any family who% after his appointment to any position in an office or
bureau% contracts marriage with someone in the same office or bureau% in which
event the employment or retention therein of both husband and wife may be
allowed.
8n Section /- of the Local Bovernment Code% the prohibition is up to the I
t
civil
de%ree of consanguinity or affinity.
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!/0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Laurel V vs. CSC, Bovernor Laurel appointed his brother as Civilian Security
*fficer% hence it is e$empted% no violation as it is primarily confidential in character.
Eowever% the governor subseHuently designated the same brother as "cting )rovincial
"dministrator. The SC ruled that appointment and designation are two different matters.
But for purposes of the law on nepotism% the two are now the same. Eence% there is
now a violation of the law on nepotism.
@ebulga3o vs. CSC, it was alleged that the law applies only to original appointment
and not to promotional appointment. The SC did not agree. The law applies to all >inds
of appointment. The law does not distinguish.
.3R,IN$.I-N -8 -88I"I$L R3L$.I-NS2IP:
1. ,$piration of term or tenure
!. eaching the age limitcom&ulsor* retirement a%e: /0 years of age for members of the
1udiciary6 2+ for other government officers and employees
&. esignation
(. ecall
+. emoval
2. "bandonment
/. "cceptance of an incompatible office
.. "bolition of office
-. )rescription of the right to office
10. 8mpeachment
11. 3eath
1!. ?ailure to assume elective office within 2 months from proclamation
1&. Conviction of a crime
1(. ?iling a certificate of candidacy
.erm5the period of time during which a public officer has the ri%t to old the public
office
.enure5the period of time during which the public officer actuall* held office
2old(over &rinci&le5NSee the case of Lecaroz vs. SB <1---=Oin the absence of any
e$press or implied constitutional or statutory provision to the contrary% the public officer
is entitled to hold his office until his successor shall have been duly chosen and shall
have Hualified. The purpose is to prevent a hiatus in public office.
8t implies that the office has a fi$ed term and the incumbent is holding onto the
succeeding term. :here this provision is found% the office does not become vacant
upon the e$piration of the term if there is no successor elected and Hualified to assume
it% but the present incumbent will carry over until his successor is elected and Hualified%
even though it be beyond the term fi$ed by law.
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!/1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8ndeed% the law abhors a vacuum in public offices% and courts generally indulge in
the strong presumption against a legislative intent to create% by statute% a condition
which may result in an e$ecutive or administrative office becoming% for any period of
time% wholly vacant or unoccupied by one lawfully authorized to e$ercise its functions.
This is founded on obvious considerations of public policy% for the principle of holdover
is specifically intended to prevent public convenience from suffering of a vacancy and to
avoid a hiatus in the performance of government functions. (LecaroE vs.
San3iganbayan, !+; SCR !9", :arc0 ,;, 1999#
R3"$LL5the termination of official relationship of an elective official for loss of
confidence prior to e$piration of his term through the will of the electorate.
8t is e$ercised by the registered voters of a local government unit to which the
local elective official sub4ect to such recall belongs (Section HK, L="+
)rohibition from resignation;
The elective local official sought to be recalled shall not be allowed to resign while the
recall process is in progress.
Limitations on ecall <Section /(% LBC=
1. "ny elective local official may be the sub4ect of a recall election only once during
his term of office for loss of confidence.
!. 9o recall shall ta>e place within one year from the date of the official7s
assumption to office or one year immediately preceding a regular local election.
1aras vs. CB:ELEC, (.R. )o. 1,!1*9, )ovember 4, 199*, it was held that the
SF ,lection is not a regular election within the contemplation of the LBC as
would bar the holding of a recall election. 9either will the recall election of the
'ayor be barred by the Barangay ,lection.
ngobung vs. CB:ELEC, (.R. )o. 1,*;"1, :arc0 ;, 199", the @regular local
electionA referred to in Section /(% LBC% means that the approaching local
election must be one where the position of the official to be recalled is actually
contested and to be filled by the electorate.
R3SI=N$.I-N5 is the act of giving up or the act of a public officer by which he
declines his office and renounces the further right to use it. 8t is an e$pression of the
incumbent in some form% e$pressed or implied% of the intention to surrender% renounce%
and relinHuish the office and the acceptance by competent and lawful authority.
To constitute a complete and operative resignation from public office% there must
be;
1. "n intention to relinHuish a part of the term6
!. "n act of relinHuishment6
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!/!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. "cceptance by the proper authority.
The last one is reHuired by reason of "rticle !&. of the revised )enal Code.
(Sanggguniang Gayan o5 San n3res, Catan3uanes vs. C, ,<4 SCR ,"*#
Estra3a vs. @esierto, (.R. )os. 14*"1+A1;, :arc0 ,, ,++1, resignation is a factual
Huestion and its elements are beyond Huibble; there must be an intent to resign and the
intent must be coupled by acts of relinHuishment. The validity of a resignation is not
governed by any formal reHuirement as to for. 8t can be oral. 8t can be written. 8t can be
e$press. 8t can be implied. "s long as the resignation is clear% it must be given legal
effect.
$!$N1-N,3N. -8 -88I"35it is the voluntary relinHuishment of an office by the
holder% with the intention of terminating his possession and control thereof. 8ndeed% it is
a specie of resignation6 while resignation in general is a formal relinHuishment%
abandonment is a voluntary relinHuishment through nonuser.
8t springs from and is accompanied by deliberation and freedom of choice. The
concomitant effect is that the former holder of an office% can no longer legally repossess
it even by forcible re#occupancy.
$!-LI.I-N -8 -88I"35it connotes an intention to do away with such office wholly
and permanently% as the word @abolishedA denotes. :here one office is abolished and
replaced with another office vested with similar functions% the abolition is a legal nullity.
8n the case of U1 Goar3 o5 Regents vs. Rasul, the renaming and restructuring
of the )BE and its component units cannot give rise to a valid and bona fide abolition of
the position of )BE 3irector. This is because where the abolished office and the offices
created in its place have similar functions% the abolition lac>s good faith. The abolition
which merely changes the nomenclature of positions is invalid and does not result in the
removal of the incumbent.
The above notwithstanding% and assuming that the abolition of the position of the
)BE 3irector and the creation of the 5)#)BE 'edical center 3irector are valid% the
removal of the incumbent is still not 4ustified for the reason that the duties and functions
of the two positions are basically the same.
CanoniEa3o vs. guirre, (.R. )o. 1!!1!,, Canuary ,;, ,+++, the substantial identity
in the functions between the two offices was indicia of bad faith in the removal of
petitioner pursuant to a re#organization.
R3-R=$NIC$.I-N5ta>es place when there is alteration of the e$isting structure of
government offices or units therein% including the lines of control% authority and
responsibility between them. 8t involves a reduction of personnel% consolidation of
offices% or abolition thereof by reason of economy or redundancy of functions. 9aturally%
it may result in the loss of one7s position through removal or abolition of an office.
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!/&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
To be valid% it must also pass the test of good faith.
Circumstances evidencing bad faith in the removal of employees as a result of
reorganization and which may give rise to a claim for reinstatement or reappointment;
1. :here there is a significant increase in the number of positions in the new
staffing pattern of the department or agency concerned6
!. :here an office is abolished and another performing substantially the same
functions is created6
&. :here incumbents are replaced by those less Hualified in terms of status of
appointment% performance and merit6
(. :here there is a reclassification offices perform substantially the same functions
as the original offices6 and
+. :here the removal violates the order of separation provided for by Section ! and
of " 22+2.
=R-4N1S 8-R R3,-;$L $N1 S4SP3NSI-N5(Section 2:, Rule DI;, -mnibus Rules
Im&lementin% !ook ; of 6K8J $dministrative "ode+
1. Brave *ffenses
!. Less Brave offenses
&. Light *ffenses
Preventive Sus&ension5
8t is not a penalty itself. 8t is merely a measure of precaution so that the employee
who is charged may be separated% for obvious reasons% from the scene of his alleged
misfeasance while the same is being investigated. 8t is not an action by itself but merely
an incident in an action.
8t is different from administrative penalty of suspension from office. The latter is
the penalty which may only be meted upon the respondent at the termination of the
investigation or the final disposition of the case. )reventive suspension is imposed on
the respondent during the investigation of charges against him.
=overnin% Laws:
1. )reventive Suspension in "dministrative Cases
a. "ivil Service Law
'a$imum duration; -0 days
"fter -0 days; automatic reinstatement
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!/(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Certiorari; period will not be included in the -0#day period computation
(loria vs. C (199#, there are two <!= >inds of preventive suspension under
CSC;
i. )ending investigation
ii. )ending appeal L the respondent is e$onerated on appeal
E&a*ment of back salariesF
Pendin% investi%ation Pendin% $&&eal
(espondent is not entitled <einstatement with full payment
to bac> wages= payment of bac> salaries=
(ov. 1laEa vs. C, (.R. )o. 1!<4*4, Canuary 1<, ,++<, the law provides for
preventive suspension of appointive local official and employees pending investigation
of the charges against them. The suspension given to private respondents% cannot%
therefore% be considered un4ustified for it is one of those sacrifices which holding a
public office reHuires for the public good. To be entitled to bac> salaries% private
respondents must not only be found innocent of the charges% but their suspension must
li>ewise be un4ustified.
b. Local =overnment "ode
i. Sec) H:those holding local elective office
)reventive Suspension placed by;
1. 'ayorconcerning the elective barangay officials
!. Bovernor municipal elective officials
Component city elective official
&. )resident highly urbanizedIindependent component city officials
)rovincial officials
-,very administrative charge; ma$imum; 20 days
Several administrative cases; ma$imum; -0 days wIin a single
year
--0 days before the ne$t local election)S shall be lifted
automatically
ii. Sec) 8Gthose appointed officials
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!/+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
3uration; ma$imum of 20 days
c. *mbudsman "ct" 2//0
3uration; 'a$imum of 2 months
!. )reventive suspension in Criminal Cases
a. Section 1&% " &01-Suspension and loss of benefits
"uthority to impose;
i. Court where the information was filed
Luciano vs. 1rovincial (overnor, since the law is silent% the court where the
information was filed shall impose the preventive suspension
ii. Salary Brade !/ or overSandiganbayan
iii. Below Salary Brade !/TC
- 8t is mandatory for the court to impose the preventive suspension. Eowever% it
is not automatic. 8n the case of Socrates vs. San3iganbayan, it was held that
the court must conduct first a &re(sus&ension earin% to determine the validity
of criminal information filed against the public officer
3uration; the law is silent
8n the case of (onEaga vs. San3iganbayan, since the law is silent% apply
by analogy the Civil Service Law% the ma$imum duration would be -0 days.
@eloso vs. SG Section 1&% " &01- does not state that the public
officer may be suspended in the office where he
committed
Gayot vs. SG the crime.
Segovia vs. SG The term @officeA indicates that it applies to Ean* oter
Santiago vs. SG officeF)
1are3es vs. SG the suspension imposed is merely preventive. There
Santiago vs. SG is no encroachment.
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!/2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$rticle DI
$""-4N.$!ILI.> -8 P4!LI" -88I"3RS
Section 6, $rticle DI
1ublic o55ice is a %ublic trust. 1ublic o55icers an3 em%loyees must at all times be
accountable to t0e %eo%le, serve t0em 2it0 utmost res%onsibility, integrity,
loyalty, an3 e55iciency, act 2it0 %atriotism an3 4ustice, an3 lea3 mo3est lives.
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!//
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
)ublic office is a public trust% and as such% the same is governed by law% and
cannot be made the sub4ect of personal promises or negotiations by private persons.
Security of tenure of employees in the career e$ecutive service <e$cept first and second
level employees in the civil service=% pertains only to ran> and not to the office or to the
position to which they may be appointed. (Collantes vs. C, (.R. )o. 1*9*+4, :arc0
*, ,++"#
/o are im&eacable officers@
<The list is e$clusive=
1. )resident
!. Dice#)resident
&. 'embers of the Constitutional Commission
(. 1ustices of the Supreme Court
+. *mbudsman
-1ustices of the Sandiganbayan cannot be removed by impeachment.
- 8mpeachment of )residentthe Chief 1ustice of the Supreme Court will preside6 the
SenateIE* will prosecute
Brounds for impeachment;
1. Culpable violation of the constitution
!. Treason
&. Bribery
(. Betrayal of public trust
+. Braft and corruption
2. *ther high crimes
Procedure in Im&eacment
8nitiation;
The Eouse of epresentatives shall have the e$clusive power to initiate all cases
of impeachment.
)rocess;
1. Derified complaint filed by any member of the Eouse or any citizen upon
resolution of endorsement by any member thereof6
!. 8ncluded in the order of business within ten <10= session days6
&. eferred to the proper committee within three <&= session days of its inclusion.
8f the verified complaint is filed by at least 1I& of all its members% the same shall
constitute the "rticles of 8mpeachment% and trial by the Senate shall forthwith
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!/.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
proceed.
(. The Committee% after hearing% and by ma4ority vote of all its members% shall
submit its report to the Eouse together with the corresponding resolution6
+. )lacing on calendar the Committee resolution within ten <10= days from
submission6
2. 3iscussion on the floor of the report6
/. " vote of at least 1I& of all the members of the Eouse shall be necessary either
to affirm a favorable resolution with the "rticles of 8mpeachment of the
Committee or override its contrary resolution.
.rial and 1ecision5
1. The Senators ta>e an oath or affirmation6
!. :hen the president is on trial% the Chief 1ustice of the Supreme Court shall
preside but shall not vote6
&. " decision of conviction must be concurred in by at least !I& of all the members
of the Senate.
3ffect of "onviction5
1. emoval from office6
!. 3isHualification to hold any other office under the epublic of the )hilippines6
&. )arty convicted shall be liable and sub4ect to prosecution% trial and punishment
according to law.
Limitation:
6) 9ot more than one impeachment case shall be initiated against the same official
within a period of one <1= year.
2) The Eouse of epresentatives shall have the e$clusive power to initiate all cases
of impeachment.
Re%ublic vs. San3iganbayan, (.R. )o. 14,4"*, :arc0 ,+, ,++1, the epublic of the
)hilippines cannot be held liable under an @"greementA entered into by the )CBB with
another party where the republic did not authorize the )CBB to enter into such contract.
:here the sale of an aircraft to a third party by the )CBB is void% it follows that the
@"greementA between the )CBB and the third party is li>ewise a nullity% and there can
be no cause of action against the epublic.
1resi3ential 3 'oc &actA&in3ing Committee on Ge0est Loans vs. @esierto, et al.
(.R. )o. 1!+14+, Bctober ,;, 1999, "rticle C8% Section 1+ of the Constitution provides
that the @right of the State to recover properties unlawfully acHuired by public officials or
employees% from them or from their nominees as transferees% shall not be barred by
prescription% laches% or estoppel. This provision does not seem to indicate that what is
imprescriptible is the corresponding civil action to recover @ill#gotten wealthA but not the
criminal action that may relate thereto. The criminal action% i.e.% violation of Section &<c=
and <g=% " &01-% can prescribe conformably with the pertinent statute applicable which%
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!/-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
in this instance% B) 1-+% providing for a 1+#year prescriptive period and thereby
modifying to the above e$tent the 10#year prescriptive period under " &01-.
8n &rancisco vs. 'ouse o5 Re%resentatives, (.R. )o. 1*+,*1, )ovember 1+,
,++!, an im&eacment case is the legal controversy that must be decided by the
Senate while an im&eacment &roceedin% is one that is initiated in the Eouse of
epresentatives. ?or purposes of applying the one#year bar rule% the proceeding is
@initiatedA or begins when a verified complaint is filed and referred to the Committee on
1ustice for action.
Legislative bodies cannot impose the administrative punishment of removal from
office because the power to remove local elective officials has been e$clusively granted
to the proper courts. (Sanggguniang Garangay o5 @on :ariano :arcos vs.
:artineE, (.R. )o. 1"+*,*, :arc0 !, ,++<#
S$N1I=$N!$>$N
The anti#graft court shall continue to function and e$ercise its 4urisdiction as now
and hereafter may be provided by law.
"om&osition:
*ne <1= )residing 1ustice
?ourteen <1(= "ssociate 1ustices with the ran> of 1ustice of the Court of "ppeals
- Sits in five <+= 3ivisions of three <&= members each
1ecision and Review5
5nanimous vote of all three <&= members shall be reHuired for the
pronouncement of 4udgment by a division. 3ecision shall be reviewable by the SC on
petition for certiorari.
?urisdiction:
*riginal 1urisdiction
B. Diolation of " &01-6 " 1&/-6 and Chapter 88% Section !% Title D88 of the
)C where one or more of the accused are officials occupying the following
positions in the government% whether in a permanent% acting or interim
capacity at the time of the commission of the offense;
+. *fficials of the ,$ecutive branch with the position of egional 3irector or
higher% or with SB Level !/ according to R$ HJG8% specifically including;
i. )rovincial governors% vice#governors% board members% provincial
treasures% assessors% engineers and other provincial departments
head6
ii. City mayors% vice#mayors% city councilors% city treasurers%
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!.0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
assessors% engineers and other city department heads6
iii. *fficials of the diplomatic service from consuls or higher6
iv. )"I)"? colonels% )9 captains and all officers of higher ran>6
v. *fficers of the )9) while occupying the position of provincial
director and those holding the ran> of senior superintendent or
higher6
vi. CityIprovincial prosecutors and their assistants% and officials and
prosecutors in the *ffice of the *mbudsman and special
prosecutor6
vii. )residents% directors% trustees% or managers of B*CC7s state
universities or educational institutions or foundations.
2. 'embers of Congress and officials thereof with SB!/ and up6
/. 'embers of the 1udiciary without pre4udice to the Constitution6
.. Chairmen and members of the Constitutional Commissions without
pre4udice to the Constitution6 and
-. "ll other national and local officials with SB!/ or higher.
C. *ther offenses or felonies whether simple or comple$ with other crimes
committed by the public officials and employees mentioned in Subsection <a=
in relation to their office6
3. Civil and criminal cases filed pursuant to and in connection with ,$ecutive
*rder 9os. 1% !% 1( and 1(#" issued in 1-.2.
,$clusive *riginal 1urisdiction over petitions for the issuance of the writs of
mandamus% prohibitions% certiorari% habeas corpus% in4unction and other ancillary
writs and processes in aid of its a&&ellate Burisdiction. )rovided% that
4urisdiction over these petitions shall be not e$clusive of the Supreme Court.
,$clusive "ppellate 1urisdiction over final 4udgments% resolutions or orders of
TC whether in the e$ercise of their own original 4urisdiction or their appellate
4urisdiction. <" .!(-=
.23 -,!41S,$N
The champion of the citizens and protector of the people.
Tas>ed to entertain complaints addressed to him against erring public officers
and ta>e all necessary actions thereon.
"om&osition:
"n *mbudsman >nown as the Tanod+ayan
*ne <1= *verall 3eputy6
"t least one <1= 3eputy e&ach for Luzon% Disayas and 'indanao6
*ne <1= separate 3eputy for the military establishment may li>ewise be
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!.1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
appointed
9ualifications:
1. 9atural#born citizen6
!. "t least (0 years of age6
&. *f recognized probity and independence6
(. 'ember of the )hilippine Bar6 and
+. 'ust not have been candidates for any elective office in the immediately
preceding election.
.erm: Seven </= years without reappointment
1is<ualifications and Inibitions5
". 3uring their tenure;
6) Shall not hold any other office or employment6
2) ,ngage in the practice of any profession or in the active management and
control of any business which in any way may be affected by the functions of
his office6
:) Shall not be financially interested% directly or indirectly% in other contract with%
or in any franchise or privilege granted by the government% any of its
subdivision% agencies or instrumentalities% including B*CCs or their
subsidiaries.
I) Shall not be Hualified to run for any office in the election immediately
succeeding their cessation from office.
- The *ffice of the *mbudsman shall en4oy fiscal autonomy. 8ts approved annual
appropriations shall be automatically and regularly released. <Section 1(% "rticle C8=
Guenesa3a vs. &lavier, (.R. )o. 1+*"19, Se%tember ,1, 199!, the power to
investigate also includes the power to impose preventive suspension. This is different
from the power to recommend suspension. The latter is suspension as a penalty6
preventive suspension is not a penalty.
Powers, 8unctions and 1uties:
1. The Constitution and " 2//0 <*mbudsman "ct of 1-.-= has endowed the
*ffice of the *mbudsman with a wide latitude of investigatory and prosecutor
powers virtually free from legislative% e$ecutive or 4udicial intervention. The
Supreme Court consistently refrains from interfering with the e$ercise of its
powers% and respects the initiative and independence inherent in the
*mbudsman who% beholden to no one% acts as the champion of the people and
the preserver of the integrity of public service. (Lo$uias vs. B55ice o5 t0e
Bmbu3sman, (.R. )o. 1!9!9*, ugust 1;, ,+++#
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!.!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!. The *mbudsman is clothed with authority to conduct preliminary investigation
and prosecute all criminal cases involving public officers and employees% not only
those within the 4urisdiction of the Sandiganbayan but those within the 4urisdiction
of the regular courts as well. (Uy vs. San3iganbayan, (.R. )o. 1+;9*;A"+,
:arc0 ,+, ,++1#
B55ice o5 t0e Bmbu3sman vs. CSC, (.R. )o. 1*,,1;, Culy !+, ,++", since the
responsibility for the establishment% administration and maintenance of Hualification
standards lies with the concerned department or agency% the role of the CSC is limited
to assisting the department or agency with respect to these Hualification standards and
approving them. The CSC cannot substitute its own standards for those of the
department or agency% specially in a case li>e this in which an independent
constitutional body is involved.
1ereE vs. San3iganbayan, (. R. )o. 1**+*,, Se%tember ,*, ,++*, the incumbent
Tanodbayan <called Special )rosecutor under the 1-./ Constitution and who is
supposed to retain powers and duties 9*T B8D,9 to the *mbudsman= is clearly
without authority to conduct preliminary investigations and to direct the filing of criminal
cases with the Sandiganbayan% e$cept upon orders of the *mbudsman.
Sus&ension under te -mbudsman $ct vis(W(vis te Local =overnment "ode:
o 8n order to 4ustify the preventive suspension of a public official under Section !(
of " 2//0% the evidence of guilt should be strong% and;
The charge against the officer or employee should involve dishonesty%
oppression or grave misconduct or neglect in the performance of duty6
The charges should warrant removal from the service6 or
The respondent7s continued stay in the office would pre4udice the case
filed against him.
o The *mbudsman can impose the 2#month preventive suspension to all public
officials% whether elective or appointive% who are under investigation.
o *n the other hand% in imposing the shorter period of si$ty <20= days of preventive
suspension prescribed under the LBC of 1--1 on an elective local official <at any
time after the issues are 4oined=% it would be enough that;
d. There is a reasonable ground to believe that the respondent has
committed the act or acts complained of6
e. The evidence of culpability is strong6
f. The gravity of the offense so warrants6 or
g. The continuance in the office of the respondent could influence the
witnesses or pose a threat to the safety and integrity of the records and
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!.&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
other evidence. (:iran3a vs. San3ioganbayan, (.R. )o. 1;4+9<, Culy
,", ,++;#
B55ice o5 t0e Bmbu3sman vs. C, (.R. )o. 1*<+"9, Culy 1", ,++", the SC upheld
the constitutionality of Sections 1+% !1 and !+ of " 2//0% thus affirming that the
powers of the *ffice of the *mbudsman are not merely recommendatory. The Court
ruled in ,stari4a case that under " 2//0 and the 1-./ Constitution% the *mbudsman
has the constitutional power to directly remove from the government service an erring
public official% other than a member of Congress and the 1udiciary.
$rticle DII
N$.I-N$L 3"-N-,> $N1 P$.RI,-N>
Section 6, $rticle DII5=oals:
6) 'ore eHuitable distribution of wealth
2) 8ncreased wealth for the benefit of the people
:) 8ncreased productivity)
R3=$LI$N 1-".RIN35Section 2, $rticle DII
"ll lands of the public domain% waters% minerals% coals% petroleum and other
mineral oils% all forces of potential energy% fisheries% forests% or timber% wildlife% flora and
fauna% and natural resources belong to the State. :ith the e$ception of agricultural
lands% all other natural resources shall not be alienated.
To prove that the land sub4ect of an application for registration is alienable% an
applicant must conclusively establish the e$istence of a positive act of the government
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
such as a presidential proclamation or an e$ecutive order% or an administrative action%
investigation reports of the Bureau of Lands 8nvestigator or a legislative act or statute.
5ntil then% the rules on confirmation of imperfect title do not apply. " certification of the
Community ,nvironment and 9atural esources *fficer <C,9*= in the 3,9 stating
that the land sub4ect of an application is found to be within the alienable and disposable
site in a land classification pro4ect map is sufficient evidence to show the real character
of the land sub4ect of the application. (R1 vs. Can3y :a?er, .nc., (.R. )o. 1*!"**,
Cune ,,, ,++*#
"lassification of Lands of te Public 1omain:
1. "gricultural6
!. ?orest or timber6
&. 'ineral lands6 and
(. 9ational par>s.
Private Lands5
Beneral ule; 9o private land shall be transferred or conveyed e$cept to individuals%
corporations or associations Hualified to acHuire or hold lands of the public domain.
,$ceptions;
1. ?oreigners who inherit through intestate succession6
!. ?ormer natural#born citizen may be a transferee of private lands sub4ect to
limitations provided by law6
&. *wnership in condominium units6
(. )arity right agreement% under 1-&+ Constitution.
Stewardsi& 1octrine5private property is supposed to be held by the individual only
as a trustee for the people in general% who are its real owner.
8ili&ino 8irst Polic*5in the grant of rights% privileges% and concessions covering the
national economy and patrimony% the State shall give preference to Hualified ?ilipinos.
<!
nd
paragraph% Section 10% "rticle C88=
This provision is self#e$ecuting. 8t is mandatory% positive command which is
complete in itself and which needs no further guidelines or implementing laws or rules
for its enforcement. ?rom its very words the provision does not reHuire any legislation to
put it in operation. 8t is per se 4udicially enforceable. :hen our Constitution mandates
that in the grant o4 rights, privileges, and concessions covering the national economy
and patrimony, the #tate shall give pre4erence to 9uali4ied Ailipinos, it means 4ust that
Hualified ?ilipinos must be preferred. (:anila 1rince 'otel vs. (S.S, (.R. )o. 11<,9;,
:ay ,, 199"#
" 4oin venture is an association of persons or companies 4ointly underta>ing
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!.+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
some commercial enterprise with all of them generally contributing assets and sharing
ris>s. Considering more of a partnership% a 4oint venture is governed by the laws on
contracts and on partnership. The 4oint venture created between 9ational 8nvestment
and 3evelopment Corporation <983C= and Fawasa>i falls within the purview of an
@associationA pursuant to Section + of "rticle C8D of the 1-/& Constitution and Section
11 of "rticle C88 of the 1-./ Constitution. ConseHuently% a 4oint venture that would
engage in the business of operating a public utility% such as shipyard% must observe the
proportion of 20J#(0J ?ilipino#?oreign capitalization. (C( Summit 'ol3ings, .nc. vs.
C, !4; SCR 14!#
.em&orar* .ake -ver of !usiness $ffected wit Public Interest5
The State may temporarily ta>e over or direct the operation of any privately
owned public utility or business affected with public interest;
1. 8n times of national emergency6
!. :hen the public interest so reHuires6 and
&. 3uring the emergency and under reasonable terms prescribed by it.
The temporary ta>e over by the government e$tends only to the operation of the
business and not to the ownership thereof. "s such% the government is not reHuired to
compensate the private entity#owner of the said business as there is no transfer of
ownership% whether permanent or temporary. The private entity#owner affected by the
temporary ta>e over cannot% li>ewise% claim for 4ust compensation for the use of the said
business and its properties as the temporary ta>eover by the government is in e$ercise
of its police power and not of its power of eminent domain. (gan vs. 1./CB, (.R.
)o. 1;;++1, :ay ;, ,++!#
Ri%t of Indi%enous "ultural "ommunities0Indi%enous Peo&le
Constitutional )rovisions ecognizing and )rotecting the ights and 8nterest of the
8ndigenous )eople;
1. Section 22, $rticle II5the State recognizes and promotes the rights of
indigenous peoples within the framewor> of national unity and development.
!. Section G, $rticle DII5the State% sub4ect to the provisions of the Constitution
and national development policies and programs% shall protect the rights of
indigenous cultural communities to their ancestral lands to ensure their
economic% social% and cultural well#being.
The Congress may provide for the applicability of customary laws
governing property rights or relations in determining the ownership and e$tent of
ancestral domain.
:) Section 6, $rticle DIII
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!.2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
(. Section H, $rticle DIII5the State shall apply the principles of agrarian reform
stewardship% whenever applicable in accordance with law% in the disposition or
utilization of other natural resources% including lands of the public domain under
lease or concession suitable to agriculture% sub4ect to prior rights% homestead
rights of small settlers% and the rights of indigenous cultural communities to their
ancestral lands.
+. Section 6J, $rticle DI;5the State shall recognize% respect% and protect the
rights of indigenous cultural communities to preserve and develop their cultures%
traditions% and institutions. 8t shall consider these rights in the formulation of
national plans and policies.
2. Section 62, $rticle D;I5the Congress may create a consultative body to advise
the )resident on policies affecting indigenous cultural communities% the ma4ority
of the members of which shall come from such communities.
Indi%enous Peo&les Ri%ts $ct (R$ 8:J6+
The 8)" is a law dealing with a specific group of people% i.e.% the 8ndigenous
Cultural Communities <8CCs= or the 8ndigenous )eoples <8)s=. The term 8CCs is used in
the 1-./ Constitution while that of 8)s is the contemporary international language in the
8nternational Labor *rganization <8L*= Convention 12- and the 59 3raft 3eclaration on
the ights of 8ndigenous )eoples.
The I""s or IPs refer to a group of people or homogenous societies who have
continuously lived as an organized community on communally bounded and defined
territory. These groups of people have actually occupied% possessed and utilized their
territories under claim of ownership since time immemorial. They share common bonds
of language% customs% traditions and other distinctive cultural traits% or% they% by their
resistance to political% social and cultural inroads of colonization% non#indigenous
religions and cultures% became historically differentiated from the ?ilipino ma4ority. The
8CCsI8)s also include their descendants who inhabited the country at the time of
conHuest or colonization% who have been displaced from their traditional territories or
who may have resettled outside their ancestral domains.
8t recognizes the e$istence of the indigenous cultural communities or indigenous
peoples <8CCsI8)s= as a distinct sector in )hilippine society. 8t grants these people the
ownership and possession of their ancestral domains and ancestral lands% and defines
the e$tent of these lands and domains. The ownership given is the indigenous concept
of ownership under customary law which traces its origin to native title.
:ithin their ancestral domains and ancestral lands% the 8CCsI8)s are given the
right to self#governance and empowerment% social 4ustice and human rights6 the right to
preserve and protect their culture% traditions% institutions and community intellectual
rights% and the right to develop their own sciences and technologies.
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!./
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$ncestral domains5are all areas belonging to 8CCsI8)s held under a claim of
ownership% occupied or possessed by 8CCsI8)s by themselves or through their
ancestors% communally or individually since time immemorial% continuously until the
present% e$cept when interrupted by war% force ma4eure or displacement by force%
deceit% stealth or as a conseHuence of government pro4ects or any other voluntary
dealings with government andIor private individuals or corporations. 8t comprises lands%
inland waters% coastal areas% and natural resources therein and includes ancestral
lands% forests% pasture% residential% agricultural% and other lands individually owned
whether alienable or not% hunting grounds% burial grounds% worship areas% bodies of
water% mineral and other natural resources. They also include lands which may no
longer be e$clusively occupied by 8CCsI8)s but from which they traditionally had access
to for their subsistence and traditional activities% particularly the home ranges of
8CCsI8)s who are still nomadic andIor shifting cultivators. Section :(a+, IPR$
$ncestral Lands5are lands held by the 8CCsI8)s under the same conditions as
ancestral domains e$cept that these are limited to lands and that these lands are not
merely occupied and possessed but are also utilized by the 8CCsI8)s under claims of
individual or traditional group ownership. These lands include but are not limited to
residential lots% rice terraces or paddies% private forests% swidden farms and tree lots.
Section :(b+, IPR$
The right of the 8CCsI8)s to their ancestral domains and ancestral lands may be
acHuired in two modes;
1. Native title over both ancestral domains and lands6
!. .orrens title under the )ublic Land "ct and the Land egistration "ct with
respect to ancestral lands only.
Native .itle5refers to 8CCsI8)s pre#conHuest rights to lands and domains held under a
claim of private ownership as far bac> as memory reaches. These lands are deemed
never to have been public lands and are indisputably presumed to have been held that
way since before the Spanish conHuest. The rights of 8CCsI8)s to their ancestral
domains <which also include ancestral lands= by virtue of native title shall be recognized
and respected (Section 66, IPR$+) ?ormal recognition% when solicited by 8CCsI8)s
concerned% shall be embodied in a Certificate of "ncestral 3omain Title <C"3T=% which
shall recognize the title of the concerned 8CCsI8)s over the territories identified and
delineated.
-Li>e a torrens title% a C"3T is an evidence of private ownership of land by
native title. 9ative title% however% is a right of private ownership peculiarly granted to
8CCsI8)s over their ancestral lands and domains. The 8)" categorically declares
ancestral lands and domains held by native title as never to ave been public land.
3omains and lands held under native title are% therefore% indisputably presumed to have
never been public lands and are private.
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!..
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The concept of native title in the 8)" was ta>en from the 1-0- case of Cari>o
vs. .nsular (overnment, 41 10il 9!;. CariZo firmly established a concept of private
land title that e$isted irrespective of any royal grant from the State.
The concept of native title to natural resources% unli>e native title to land% has
not been recognized in the )hilippines. 8n the case of Reavies vs. &ianEa, 4+ 10il
1+1", the Court merely upheld the right of the indigenous peoples to claim ownership of
minerals under the )hilippine Bill of 1-0!.
-wnersi& b* virtue of native title5presupposes that the land has been held by its
possessor and his predecessor#in#interest in the concept of an owner since time
immemorial. The land is not acHuired from the State% that is% Spain or its successor#in#
interest% the 5S and the )hilippines Bovernment. There has been no transfer of title
from the State as the lands has been regarded as private in character as far bac> as
memory goes.
-wnersi& of te land b* ac<uisitive &rescri&tion5against the State involves a
conversion of the character of the property from alienable public land to private land%
which presupposes a transfer of title from the State to a private person.
?us Re%alia5private title to the land must be traced to some grant% e$press or implied%
from the Spanish Crown or its successors% the "merican Colonial government and
thereafter% the )hilippine epublic. The belief that the Spanish Crown is the origin of all
land titles in the )hilippines has persisted because title to land must emanate from
some source for it cannot issue forth from nowhere.
8t refers to royal grants% or those rights which the Fing has by virtue of his prerogatives.
L.sagani CruE vs. Secretary o5 @E)R, et al., (.R. )o. 1!;!<;, @ecember *, ,+++,
En banc, (1uno an3 Da%unan, Se%arate B%inions#M
Lands
Public domain Private Lands
1. 8orest0timber ($ certificate of title ad been
!. ,ineral lands issued to a 8ili&ino individual+
:) National &arks
I) a%ricultural
Same rules as alienable
.e onl* land (Public 1omain+ lands as to wo ma* ac<uire
wic ma* be alienated (-nl* 8ili&inos+
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!.-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8ili&ino "iti#ens Private "or&orations 37ce&t:
1= Not more tan 62 a) ((b* lease 6+ ereditar* succession
(Purcase omestead 2+ former natural born
=rant+ :+ $mericans oldin% valid title
!= Lease5not more tan to &rivate lands as a%ainst &rivate
G00 a) &ersons) .itles to &rivate lands
ac<uired b* $mericans before
?ul* :, 6KJI sall be valid as
-!ut State ma* recover a%ainst &rivate &ersons
onl*
$rticle DIII
S-"I$L ?4S.I"3 $N1 24,$N RI=2.S
1. Social 1ustice
!. Labor
&. "grarian and 9atural esources eform
(. 5rban Land eform and Eousing
+. Eealth
2. :omen
/. ole and ights of )eople7s *rganization
.. Euman ights
Section 6
/0e Congress s0all give 0ig0est %riority to t0e enactment o5 measures t0at
%rotect an3 en0ance t0e rig0t o5 all t0e %eo%le to 0uman 3ignity, re3uce social,
economic, an3 %olitical ine$uities, an3 remove cultural ine$uities by e$uitably
3i55using 2ealt0 an3 %olitical %o2er 5or t0e common goo3.
/o t0is en3, t0e State s0all regulate t0e ac$uisition, o2ners0i%, use, an3
3is%osition o5 %ro%erty an3 its increments.
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!-0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Section 2
/0e %romotion o5 social 4ustice s0all inclu3e t0e commitment to create economic
o%%ortunities base3 on 5ree3om o5 initiative an3 sel5Areliance.
Labor
Section :
/0e State s0all a55or3 5ull %rotection to labor, local an3 overseas, organiEe3 an3
unorganiEe3, an3 %romote 5ull em%loyment an3 e$uality o5 em%loyment
o%%ortunities 5or all.
.t s0all guarantee t0e rig0ts o5 all 2or?ers to sel5AorganiEation, collective
bargaining an3 negotiations, an3 %eace5ul concerte3 activities, inclu3ing t0e
rig0t to stri?e in accor3ance 2it0 la2. /0ey s0all be entitle3 to security o5 tenure,
0umane con3itions o5 2or?, an3 a living 2age. /0ey s0all also %artici%ate in
%olicy an3 3ecisionAma?ing %rocesses a55ecting t0eir rig0ts an3 bene5its as may
be %rovi3e3 by la2.
/0e State s0all %romote t0e %rinci%le o5 s0are3 res%onsibility bet2een 2or?ers
an3 em%loyers an3 t0e %re5erential use o5 voluntary mo3es in settling 3is%utes,
inclu3ing conciliation, an3 s0all en5orce t0eir mutual com%liance t0ere2it0 to
5oster in3ustrial %eace.
/0e State s0all regulate t0e relations bet2een 2or?ers an3 em%loyers,
recogniEing t0e rig0t o5 labor to its 4ust s0are in t0e 5ruits o5 %ro3uction an3 t0e
rig0t o5 enter%rises to reasonable returns on investments, an3 to ex%ansion an3
gro2t0.
$%rarian and Natural Resources Reform
Section I P
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!-1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$rticle DI;
314"$.I-N, S"I3N"3 $N1 .3"2N-L-=>, $R.S,
"4L.4R3, $N1 SP-R.S
Section ( <1=% "rticle C8D of the Constitution recognizes the State7s power to regulate
educational institutions;
The #tate recogni7es the complementary roles o4 pu+lic and
private institutions in the educational system and shall exercise
reasona+le supervision and regulation o4 all educational institutions.
"s may be gleaned from the above provision% such power to regulate is sub4ect
to the reHuirements of reasonableness. 'oreover% the Constitution allows merely the
regulation and supervision of educational institutions% not the deprivation of their rights.
(:iriam College &oun3ation, .nc. vs. C, !4< SCR ,*;#
Section + <!=% "rticle C8D provides that; 3cademic 4reedom shall +e enjoyed in all
institutions o4 higher learning.
$cademic 8reedom5
The right of the school or college to decide for itself% its aims and ob4ectives% and
how best to attain themfree from outside coercion or interference save possibly when
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!-!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
the overriding public welfare calls for some restraint. 8t has a wide sphere of autonomy
certainly e$tending to the choice of students. Said constitutional provision is not to be
construed in a niggardly manner or in a grudging fashion. That would be to frustrate its
purpose and nullify its intent.
The essential freedoms subsumed in the term @academic freedomA encompass
the freedom to determine for itself on academic grounds;
1. :ho may teach
!. :hat may be taught
&. Eow it shall be taught
(. :ho may be admitted to study
The right of a school to discipline its students is at once apparent in the third
freedom% i.e.% @how it shall be taught.A " school certainly cannot function in an
atmosphere of anarchy.
8ncidentally% the school not only has the right but the duty to develop discipline in
its students. The Constitution no less imposes such duty. Section & <!=% "rticle C8D;
3ll educational institutions shall inculcate patriotism and
nationalism, 4oster love o4 humanity, respect 4or human rights, appreciation o4 the
role o4 national heroes in the historical development o4 the country, teach the
rights and duties o4 citi7enship, strengthen ethical and spiritual values, develop
moral character and personal discipline, encourage critical and creative thin"ing,
+roaden scienti4ic and technological "nowledge, and promote vocational
e44iciency.
.ree (:+ $s&ects of $cademic 8reedom:
1. 8rom te stand&oint of te educational institution5to provide that
atmosphere which is most conducive to speculation% e$perimentation and
creation.
2) 8rom te stand&oint of te facult*5
a. ?reedom in research and in the publication of the results% sub4ect to the
adeHuate performance of his other academic duties6
b. ?reedom in the classroom in discussing his sub4ect% less controversial
matters which bear no relation to the sub4ect6
c. ?reedom from institutional censorship or discipline% limited by his
special position in the community.
&. 8rom te stand&oint of te student5right to en4oy in school
guaranteed by the Bill of ights ()on vs. @ames, :ay ,+, 199+#
:ay a university vali3ly revo?e a 3egree or 0onor it 0as con5erre3 to a stu3ent
a5ter t0e gra3uation o5 t0e latter a5ter 5in3ing t0at suc0 3egree or 0onor 2as
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!-&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
obtaine3 t0roug0 5rau39
~The SC pointed out that academic freedom of institutions of higher learning is a
freedom granted to @institutions of higher learningA which is thus given a @wide sphere of
authority certainly e$tending to the choice of students.A 8f such institution of higher
learning can decide who can and who cannot study in it% it certainly can also determine
on whom it can confer the honor and distinction of being its graduates. ((arcia vs.
&aculty 3mission Committee, Loyola Sc0ool o5 /0eology, *< SCR ,""#
:here it is shown that the conferment of an honor or distinction was obtained
through fraud% a university has the right to revo>e or withdraw the honor or distinction it
has thus conferred. This freedom of a university does not terminate upon the
@graduationA of a student% for it is precisely the @graduationA of such a student that is in
Huestion. (U1 Goar3 o5 Regents vs. C an3 ro?ias2amy 8illiam :argaret Celine,
(.R. )o. 1!4*,;, ugust !1, 1999#
8n administrative cases% such as investigations of students found violating school
discipline% there are withal minimum standards which must be met before to satisfy the
demands of procedural due process and these are;
1. The student must be informed in writing of the nature and cause of any
accusation against them6
!. They shall have the right to answer the charges against them and with the
assistance of counsel% if desired6
&. They shall be informed of the evidence against them6
(. They shall have the right to adduce evidence in their own behalf6 and
+. The evidence must be duly considered by the investigating committee or official
designated by the school authorities to hear and decide the case.
"cademic freedom encompasses the independence of an academic institution to
determine for itself;
:ho may teach6
:hat may be taught6
Eow it shall teach6 and
:ho may be admitted to study. (@LSU, .nc. vs. C, (.R. )o. 1,"9<+,
@ecember 19, ,++"#
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!-(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$rticle D;
.23 8$,IL>
8amil*5is the basic social institution. The State recognizes the ?ilipino family as the
foundation of the nation.
"are for te elderl*5
The duty to care for the elderly is given to both the family and the State. "n
effective social security system is an indispensable component of any effective caring
for the elderly.
$rticle D;I
=3N3R$L PR-;ISI-NS
8la%5
The design of our flag may be changed only by constitutional amendment.
1-".RIN3 -8 S.$.3 I,,4NI.> 8R-, S4I.
Sec) :, $rticle D;I The State may not be sued without its consent.
8t is based on the very essence of sovereignty. 8t is derisively called @te ro*al
&rero%ative of disonest*A because it grants the state the prerogative to defeat any
legitimate claim against it by simply invo>ing its non#suability.
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!-+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
There can be no legal right against the authority which ma>es the law on which
the right depends (Re%ublic vs. Villasor, ;4 SCR <!#. Eowever% it may be sued if it
gives consent% whether e$press or implied.
X3oes this doctrine apply as well to foreign governmentT G,S% because of the
sovereign eHuality of all the state. 8mmunity is en4oyed by other States% consonant with
the public international law principle of )" 89 )",' 9*9 E"B,T 8'),85'. The
head of State% who is deemed the personification of the State% is inviolable% and thus%
en4oys immunity from suit.
XUS vs. (uinto, 1<, SCR *44 ?abian Benove filed a complaint for damages
against petitioners Lamachia% Belsa% Cartalla and *rascion for his dismissal as coo> in
the 5S "ir ?orce ecreation Center at Camp 1ohn Eay "ir Station in Baguio City. 8t had
been ascertained after investigation% from the testimony of Belsa% Cartalla and *rascion
that Benove had poured urine into the soup stoc> used in coo>ing the vegetables
served to the club customers. Lamachia% as club manager% suspended him and
thereafter referred the case to a board of arbitrators conformably to the collective
bargaining agreement between the center and its employees. The board unanimously
found him guilty and recommended his dismissal. Benove7s reaction was to file his
complaint against the individual petitioners.
S": The rule that a State may not be sued without its consent is one of the generally
accepted principles of international law that we have adopted as part of our law. ,ven
without such affirmation% we would still be bound by the generally accepted principles of
international law under the doctrine of incorporation. 5nder this doctrine% as accepted by
the ma4ority of states% such principles are deemed incorporated in the law of every
civilized state as a condition and conseHuence of its membership in the society of
nations. "ll states are sovereign eHuals and cannot assert 4urisdiction over one another.
:hen the government enters into a contract% it is deemed to have descended to
the level of the other contracting party and divested of its sovereign immunity is
e$pressed with more specificity in the )#5S Bases Treaty. There is no Huestion that
the 5S% li>e any other state% will be deemed to have impliedly waived its non#suability if
it has entered into a contract in its proprietary or private capacity. 8t is only when the
contract involves its sovereign or governmental capacity that no such waiver may be
implied.
9: How may consent +e given?
$: The State7s consent may be given either ,C),SSLG or 8')L8,3LG.
3DPR3SS "-NS3N.( may be made through enactment by Congress of a general law
or special law waiving the immunity.
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!-2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
=eneral Law
e.g. $ct No) :08: where the )hilippine government @consents and submits to be
sued upon any money claim involving liability arising from contract% e$press or implied%
which could serve as a basis of a civil action between the private partiesA.
<correlate "ct &0.& with C" &!/ as amended by )3 1((+=
"ommonwealt $ct :2J (=eneral $uditin% Law, as amended b* P1 6IIG,
reHuires that all money claims against the government must first be filed with the C*"
which must act upon it within 20 days. e4ection of the claim will authorize the claimant
to elevate the matter to SC on certiorari and% in effect% sue the State thereby.
@e%artment o5 griculture vs. )LRC, ,," SCR *9!, 3" may be sued for
money claims based on a contract entered into in its governmental capacity% because of
the e$press consent contained in "ct &0.& provided that the claim be first brought to the
C*" in accordance with C" &!/% as amended.
:inisterio vs. City o5 Cebu, 4+ SCR 4*4, Suit may lie because the doctrine of
State immunity cannot be used to perpetrate an in4ustice.
@elos Santos vs. .C, ,,! SCR 11, public respondents7 belief that the
property is public% even if buttressed by statements of other public officials% is no reason
for the un4ust ta>ing of the petitioner7s property6 after all% the TCT was in the name of the
petitioner.
US vs. RuiE, 1!* SCR 4<", where the Huestioned transaction dealt with the
improvements on the wharves in the naval installation at Subic Bay% SC held that the
traditional rule of immunity e$empts a state from being sued in the courts of another
state without its consent or waiver. This rule is a necessary conseHuence of the
principle of independence and eHuality of states. Eowever% the rules of 8nternational
Law are not petrified6 they are constantly developing and evolving.
$cta ?ure Im&erii $cta ?ure =estionis
#There is no waiver. The State is acting in
its sovereign governmental capacity.
#There is waiver of State immunity from
suit. The State entered into a contract in its
commercial or proprietary capacity. The
State descended to the level of a private
entity.
R3S.RI".I;3 1-".RIN3 -8 S.$.3 I,,4NI.> 8R-, S4I.5not all contracts
entered into by the government constitute a waiver.
The restrictive application of State immunity is proper only when the proceedings
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!-/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
arise out of commercial transactions of the foreign sovereign% its commercial activities or
economic affairs. Stated differently% a state may be said to have descended to the level
of an individual and can thus be deemed to have tacitly given its consent to be sued
only when it enters into business contracts. 8t does not apply where the contracts relate
to the e$ercise of its sovereign functions. 8n this case% the pro4ects are integral parts of
the naval base which is devoted to the defense of both 5S and )hilippines% indisputably
a function of the government of the highest order6 they are not utilized for nor dedicated
to commercial or business purposes.
The contract for the repair of wharves was a contract in G$# )>PL0)) because
the wharves were to be used in national defense% a governmental function. There is no
waiver. *nly the "merican government can waived. "ct &0.& is not applicable. The
remedy is to convince the 3epartment of ?oreign "ffairs to ta>e up the claim to the 5S
government <state to state=.
US vs. (uinto, 1<, SCR *44, a contract for restaurant services within the Camp
1ohn Eay "ir Station was held commercial in character. The case should not be
dismissed. The cafeteria caters not only "mericans but also the general public. There is
waiver of State 8mmunity from suit. This is a case of 3cta Gure 6estionis.
Re%ublic vs. San3iganbayan, ,+4 SCR ,1,, ,ven if% in e$ercising the power of
eminent domain% the State e$ercises a power jus imperii, as distinguished from its
proprietary right of jus gestionis, where property has been ta>en without 4ust
compensation being paid% the defense of immunity from suit cannot be set up in an
action for payment by the owner.
S&ecial Law
This form of consent must be embodied in a statute and cannot be given by a
mere counsel.
e.g. $rticles 2680 and 268K of te "ivil "ode
$rticle 2680 of te "ivil "ode5<paragraph 2= The #tate is responsi+le in li"e
manner when it acts through a special agentF +ut not when the damage has +een
caused +y the o44icial to whom the tas" done properly pertains, in which case what is
provided in 3rticle 2;.B shall +e applica+le.
$rticle 268K: Provinces, cities and municipalities shall +e lia+le 4or damages 4or
the death o4, or injuries su44ered +y, any person +y reason o4 the de4ective condition o4
roads, streets, +ridges, pu+lic +uildings, and other pu+lic wor"s under their control and
supervision.
/eotico vs. City o5 :anila, a man fell in a manhole. Sec) 2I, Local
=overnment "ode:
@Local government units and their officials are not e$empt from liability for death or
in4ury to persons or damage to property.A
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!-.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
9) 'ay the *SB validly waivedT
$) Re%ublic vs. 1urisima, "< SCR 4"+, a mere lawyer <*SB= may not validly waived
the immunity from suit of the State. *nly Congress can.
I,PLI31 "-NS3N.(
1. :hen the State commences the litigation. 8t becomes vulnerable to a
counterclaim. 8ntervention by the State would constitute commencement of
litigation 3D"3P.: when the State intervenes not for the purpose of as>ing for
any affirmative relief% but only for the purpose of resisting the claim precisely
because of immunity from suit. (&im vs. Brownell, ;<. Phil ,1J)
!. :hen the State enters into a business contract. (#ee $#3 vs. 6uinto M $#3 vs.
0ui7)
<This is the ,ST8CT8D, 3*CT89, *? ST"T, 8''598TG=
:un. o5 San &ernan3o, La Union vs. Cu3ge &irme,19; SCR *9,, the dump truc>%
owned by the municipality% was driven by its official driver. 8t was used for hauling gravel
for the repairIconstruction of the municipal road. The truc> collided with a 4eepney. The
heirs of the 4eepney driver sued the 'unicipality of San ?ernando% La 5nion. The SC
held that municipal corporations are agencies of the State when they are engaged in
governmental functions. epair of municipal road is a governmental function. Therefore%
should en4oy the immunity from suit. Eowever% they are sub4ect to suit even in the
performance of such functions because their respective charters provide that they can
sue and be sued.
Sec) 22 (a2+ of te Local =overnment "ode( To sue and +e suedF
S4$!ILI.> vs) LI$!IL.>
S4$!ILI.> LI$!IL.>
State waiving the immunity #gives the claimant the opportunity to prove a
claim against the State for a possible liability
#will have to be determined by the court on the
basis of evidence and the applicable laws
9) 80en is a suit against a %ublic o55icial 3eeme3 to be a suit against t0e State9
$) The doctrine of State 8mmunity from suit applies to complaints filed against public
officials for acts done in the performance of their duties within the scope of their
authority.
The rule is that the suit must be regarded as one against the state where the
satisfaction of the 4udgment against the public official concerned will reHuire the state to
perform a positive act% such as appropriation of the amount necessary to pay the
damages awarded to the plaintiff.
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!--
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
-The rule does not apply where the public official is charged in his official
capacity for acts that are unlawful and in4urious to the rights of others. )ublic officials
are not e$empt% in their personal capacity% from liability arising from acts committed in
bad faith.
9either does it apply where the public official is clearly being sued not in his
official capacity but in his personal capacity% although the acts complained of may have
been committed while he occupied a public position. (Llansang vs. C, &eb. ,!, ,+++)
8n this case% petitioner was sued for allegedly @personal motivesA in ordering the
e4ectment of the general "ssembly of the Blinds% 8nc. <B"B8= from the izal )ar>6 thus%
the case was not deemed a suit against the state.
Lar?ins vs. )LRC, ,41 SCR ;9<, private respondents were dismissed from
their employment by Lt. Col. ?ran>hauser acting for and in behalf of the 5S government
which% by right of sovereign power% operated and maintained the dormitories at the
Clar> "irbase for 5S"? 'embers.
Instances wen a suit a%ainst a State is &ro&er:
6) :hen the epublic is sued by name
2) :hen the suit is against an unincorporated government agency##inHuire into the
principal functions of the agency
a. if governmental% 9* S58T :8TE*5T C*9S,9T
b. if proprietary% S58T :8LL L8,.
:) :hen the suit is on its face against a government officer but the case is such that
ultimate liability will belong not to the officer but to the government.
Re%ublic vs. San3oval, ,,+ SCR 1,4, this is not a suit against the state with its
consent. ,ven as the SC dismissed the suit against the )% the action for the damages
against the military personnel and the policemen responsible for the 1-.- 'endiola
'assacre was u&eld inasmuch as the initial findings of the 3avide Commission
showed that there was% at least% negligence on their part when they fired their guns.
They e$ceeded their authority. The military personnel and the policemen were held to
be liable in their individual capacity.
[hauling lumber for the repair of the public mar>etbusiness enterprise of the
government <local government=
[celebration of town fiesta/orio vs. &ontanilla=not a governmental function but a
proprietary function
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&00
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The doctrine of State immunity from suit e$tends only up to rendition of the 4udgment.
:hen it comes to e$ecution to satisfy the 4udgment% it will reHuire another waiver. The
remedy is to ma>e the necessary representation with the lawma>ing authority.
[dut* to a&&ro&riatediscretionary and therefore cannot be compelled by mandamus.
Eowever% in :un. o5 :a?ati vs. C, 19+ SCR ,+*, where the municipality fails or
refuses% without 4ustifiable reasons% to effect payment of a final money 4udgment
rendered against it% the claimant may avail of the remedy of man3amus in order to
compel the enactment and approval of the necessary appropriation ordinance and the
corresponding disbursement of municipal funds therefor.
migable vs. Cuenca, 4! SCR !*+, an action for the recovery of the value of the
property ta>en by the government and converted into a public street without payment of
4ust compensation was allowed despite the failure of the property owner to file his claim
with the "uditor Beneral. The government should have followed first its own rule <it
should have filed an e$propriation case= before it entered the property. Ead it done so%
the suit can be waived. The state opened itself to a possible suit against it.
S"-P3 -8 "-NS3N.
Consent to be sued does not include consent to the e$ecution of 4udgment
against it.
a. Such e$ecution will reHuire another waiver% because the power of the court
ends when the 4udgment is rendered.
b. But funds belonging to government corporations <whose charters provide that
they can sue and be sued= that are deposited with a ban> are not e7em&t
from garnishment.
37ce&tions: :unici%ality o5 San :iguel, Gulacan vs. &ernan3eE, 1!+
SCR ;*, funds of a municipality are public in character and may not be
garnished 4NL3SS there is a corresponding appropriation ordinance duly
passed by the Sangguniang Bayan.
1)G vs. 1abalan, <! SCR ;9;, funds belonging to
government corporations which can sue and be sued that are deposited with
a ban>.
4nincor&orated $%enc* Incor&orated $%enc*
#it has no legal personality separate and
distinct from the government. :hen sued%
it is deemed a suit against the State% there
is no waiver of State immunity.
#it does not have its own charter li>e
Bureau of Customs% B8% 3"% 9B8
#performs governmental functions; not
#8t has a personality separate and distinct
from the government
#it has its own charter such as SSS% BS8S%
Land Ban>% 3B)
#if its charter provides that it has the right
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&01
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
suable without State consent even if
performing proprietary function incidentally
(Gureau o5 1rinting vs. Gureau o5
1rinting Em%loyees ssociation, 1
SCR !4+#
#if performing proprietary functions; suable
(Civil eronautics 3ministration vs.
C, 1*" SCR ,<#.
to sue and be sued% it is an e$press
consent and it is suable (SSS vs. C, 1,+
SCR "+"#
#if its charter is silent% inHuire into its
function based on the purpose for which it
was created (:along vs. 1)R, 1!< SCR
*!#
proprietaryif the purpose is to obtain
special corporate benefits or earn
pecuniary profit% suable
governmentalif it is in the interest of
health% safety and for the advancement of
public good and welfare% affecting the
public in general% not suable (Gal$uera
vs. lcala, ,9; SCR !**#
Rules Re%ardin% Pa*ment of Interests b* =overnment in ,one* ?ud%ments
$%ainst It:
=)R)5Bovernment cannot be made to pay interests.
37ce&tions:
1. ,minent domain6
!. ,rroneous collection of ta$es6
&. :here government agrees to pay interest pursuant to law.
$R,31 8-R"3S -8 .23 P2ILIPPIN3S ($8P+
The "?) is the protector of the people and the State. 8ts goal is to secure the
sovereignty of the State and the integrity of the national territory.
8t consist of citizen armed force and a regular force.
-ne &olice force5
Re&ublic $ct HKJG
,ass ,edia5
8t includes;
1. adio
!. Television
&. )rinted media
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&0!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8ull 8ili&ini#ation: Section 11 <1=% article CD8the ownership and management o4
mass media shall +e limited to citi7ens o4 the Philippines, or to corporations,
cooperatives or associations, wholly!owned and managed +y such citi7ens.
8t prohibits combination in restraint of trade and unfair competition% and
commands Congress to regulate or prohibit monopolies in commercial mass media.
$dvertisin%5not treated as mass media but use of mass media.
$R.I"L3 D;II
$,3N1,3N.S -R R3;ISI-NS
$mendment vs) Revision
$mendment Revision
(piecemeal or isolated change in the
Constitution. 8t is the generic term used to
denote change in the Constitution.
( revamp or rewriting of the entire
Constitution. 8t means overhauling of the
government.
SSLambino vs. CB:ELEC (changing the form of government from presidential to
parliamentary involves a revision and not amendment.
2 Sta%es of $mendment:
6) Pro&osal <Secs. 1#&% "rt. CD88=#the adoption of the suggested change in the
Constitution. " proposed amendment may come from<& ways of proposing
amendments to% or revision of% the Constitution under "rticle CD88=;
(a+ "on%ress5
i) (Sec) 6, $rt) D;II+ "cting as "onstitutional $ssembl* and not as a
legislative body. #*ne of the non#legislative powers6
ii) By a vote of &I( of all its members. <&I( of the Senate% &I( of the Eouse
of epresentatives
(b+ "onstitutional "onvention( which may be called into e$istence either;
i) By directly calling a Constitutional Convention by a !I& vote of all the
'embers of Congress% or6
ii) By submitting the issue to the people in a plebiscite Nif the two#thirds
<!I&= vote is not obtainedO by a ma4ority vote of all the members of Congress
with the Huestion of whether or not to call a Convention to be resolved by the
people in a plebiscite. (Sec):, $rt) D;II+
su&erior( people6 Theory of Conventional Sovereignty
inferior( it is a mere creation of Congress6
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&0&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
co(e<ual to and inde&endent of te : brances
Bccena vs. CB:ELEC 1+4 SCR 1, the choice of method of proposal% i.e.%
whether made directly by Congress or through a Constitutional Convention% is within the
full discretion of the legislature.
(c+ Peo&le, trou% te Power of Initiative (Sec)2, $rt) D;II+( " petition of at
least 1!J of the total number of registered voters% of which every legislative district
must be represented by at least &J of the registered voters therein
##This is not a self#e$ecuting provision% it will reHuire an enactment of law.
R$ HJ:G Initiative and Referendum Law
INI.I$.I;3(the power of the people to propose amendments to the Constitution
or to propose and enact legislations through an election called for the purpose.
S: kinds of initiative:
6) initiative on the Constitution# refers to a petition proposing amendments to the
Constitution
2) initiative on statutes# refers to a petition proposing to enact a national
legislation
:) initiative on local legislation# refers to a petition proposing to enact a regional%
provincial% municipal% city% or barangay law% resolution or ordinance
USec)2(a+,R$HJ:GV
Section 2 (b+, R$ HJ:G provides for;
8938,CT 898T8"T8D,# e$ercise of initiative by the people through a proposition
sent to Congress or the local legislative body for action6 and
38,CT 898T8"T8D,# the people themselves filed the petition with the C*',L,C
and not with Congress
The C*',L,C cannot validly promulgate rules and regulations to implement the
e$ercise of the right of the people to directly propose amendments to the Constitution
through the system of initiative. 8t does not have the power under " 2/&+. eliance on
the C*',L,C7s power under Section ! <1=% "rticle 8C#C is misplaced% for the laws and
regulations referred to therein are those promulgated by the C*',L,C under Section &
of "rticle 8C#C or a law where subordinate legislation is authorized and which satisfies
the @completenessA and the @sufficient standard testsA. (Santiago vs. CB:ELEC, ,"+
SCR 1+*#
2) Ratification( <Sec. (% "rt. CD88= The proposed amendment shall become part of
the Constitution when ratified by a ma4ority of the votes cast in a &lebiscite held not
earlier than 20 nor later than -0 days after the approval of the proposal by Congress or
the Constitutional Convention% or after the certification by the C*',L,C of the
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&0(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
sufficiency of the petition for initiative under Sec. !% "rt. CD88.
R383R3N14,( the power of the electorate to approve or re4ect legislation
through an election called for that purpose.
.wo (2+ "lasses:
1. eferendum on Statutes # refers to a petition to approve or re4ect a law% or part
thereof% passed by Congress
!. eferendum on Local Law # refers to a petition to approve or re4ect a law%
resolution or ordinance enacted by regional assemblies and local legislative
bodies
1octrine of Pro&er Submission <proper frame of reference=
Because the Constitution itself prescribes the time frame within which the plebiscite is to
be held% there can no longer be a Huestion on whether the time given to the people to
determine the merits and demerits of the proposed amendments is adeHuate.
-The plebiscite may be held on the same day as regular elections.
Cu3icial Revie2 o5 men3ments. The Huestion is now regarded as sub4ect to 4udicial
review because invariably% the issue will boil down to whether or not the constitutional
provisions had been followed. (#anidad vs. omelec, ./ #03 ,,,F Gavellana vs.
Lxec. #ecretary, J< #03 J<)
Proibited ,easures: The following cannot be the sub4ect of an initiative or
referendum
1. 9o petition embracing more than one sub4ect shall be submitted to the
electorate6 and
!. Statutes involving emergency measures% the enactment of which is
specifically vested in Congress by the Constitution% cannot be sub4ect of
referendum until ninety <-0= days after the effectivity. <Sec. 10% " 2/&+=
Local Initiative: not less than !%000 registered voters in case of autonomous regions%
1%000 in case of provinces and cities% 100 in case of municipalities% and +0 in case of
barangays% may file a petition with the egional "ssembly or local legislative body%
respectively% proposing the adoption% enactment% repeal% or amendment% of any law%
ordinance or resolution. <Sec. 1&% " 2/&+=
Limitations on Local 8nitiative;
a. The power of local initiative shall not be e$ercised more than once a year6
b. 8nitiative shall e$tend only to sub4ects or matters which are within the legal
powers of the local legislative bodies to enact6 and
c. 8f at any time before the initiative is held% the local legislative body shall adopt in
toto the proposition presented% the initiative shall be cancelled. Eowever% those
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&0+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
against such action may% if they so desire% apply for initiative.
Limitation on Local Legislative Body vis#\#vis Local 8nitiative
Sec) 62G, R$ J6H05any proposition or ordinance approved through an
initiative and referendum shall not be repealed% modified or amended by the
Sangggunian within 2 months from the date of approval thereof% and may be amended%
modified or repealed within & years thereafter by a vote of ] of all its members. 8n case
of barangays% the period shall be 1. months after approval.

Revision5
8n the case of Lambino vs. CB:ELEC, (.R. )o. 1"41;!, Bctober ,;, ,++*,
the SC held that a people7s initiative to change the Constitution applies only to an
amendment of the Constitution and not to its revision. Certainly% the Lambino Broup7s
initiative is a revision and not merely an amendment. Puantitatively% the Lambino
Broup7s proposed changes overhaul two articles"rticle D8 on the Legislature and
"rticle D88 on the ,$ecutiveaffecting a total of 10+ provisions in the entire Constitution.
Pualitatively% the proposed changes alter substantially the basic plan of government%
from presidential to parliamentary% and from a bicameral to a unicameral legislature.
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&02
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$rticle D;III
.R$NSI.-R> PR-;ISI-NS
Section J, $rticle D;III
Until a la2 is %asse3, t0e 1resi3ent may 5ill by a%%ointment 5rom a list o5
nominees by t0e res%ective sectors t0e seat reserve3 5or sectoral re%resentatives
in %aragra%0 ,, Section ; o5 rticle V. o5 t0is Constitution.
KuintosA@eles vs. Committee on Constitutional Commissions, Commission on
%%ointments, 1"" SCR ,;9, the appointment of a sectoral representative by the
)resident of the )hilippines is specifically provided in the Constitution. Thus% the
appointment of a sectoral representative falls under the (
th
categorythose officers
whose appointments are vested in him in the Constitution.
Section 2G, $rticle D;III5disallows foreign military bases% troops% or facilities in the
country% unless the following conditions are sufficiently met;
1. 8t must be under a treaty6
!. The treaty must be duly concurred in by the Senate and% when so reHuired by
Congress% ratified by a ma4ority of the votes cast by the people in a national
referendum6 and
&. ecognized as a treaty by the other contracting state.
- @Concurrence reHuirementA must be construed in relation to the provisions of Section
!1% "rticle D88. The concurrence of the Senate contemplated under Section !+% "rticle
CD888 means that at least two#thirds <!I&= of all the members of the Senate favorably
vote to concur with treaty. This provision is a special provision that applies to treaties
which involve the presence of foreign military bases% troops or facilities in the
)hilippines. 5nder this provision% the concurrence of the Senate is only one of the
reHuisites to render compliance with the constitutional reHuirements and to consider the
agreement binding on the )hilippines. (Gayan vs. Hamora, !4, SCR 449#
The reHuisites under the Constitution before foreign military bases% troops% or
facilities shall be allowed in the )hilippines are;
1. There must be a treaty duly concurred in by the Senate6
!. :hen Congress so reHuires% said treaty must be ratified by a ma4ority of the
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&0/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
votes cast by the pe0ple in a national referendum held for the purpose6 and
&. Said treaty should be recognized as a treaty also by the other contracting
State. (Section 2G, $rticle D;III+
$1,INIS.R$.I;3 L$/
3)-) 2K2
That branch of public law which fi$es the organization% determines the
competence of administrative authorities who e$ecutes the law% and indicates to the
individual remedies for the violation of his right.
Pinds:
1. Statutes setting up administrative authorities.
!. ules% regulations% or orders of such administrative authorities promulgated
pursuant to the purposes for which they were created.
&. 3eterminations% decisions and orders of such administrative authorities made in
the settlement of controversies arising in their particular fields.
(. Body of doctrines and decisions dealing with the creation% operation and effect of
determinations and regulations of such administrative authorities.
$dministrative "ode of 6K8J
The Code is a general law and incorporates in a unified document the ma4or
structural% functional and procedural principles of governance and embodies changes in
administrative structures and procedures designed to serve the people. 8t covers the
internal administration% i.e.% internal organization% personnel and recruitment%
supervision and discipline% and the effects of the functions performed by administrative
officials on private individuals or parties outside government.
$dministrative Power
8t is concerned with the wor> of applying policies and enforcing orders as
determined by proper governmental organs. 8t enables the )resident to fi$ a uniform
standard of administrative efficiency and chec> the official conduct of his agents. To this
end% he can issue administrative orders% rules and regulations.
$dministrative -rder
8t is an ordinance issued by the )resident which relates to specific aspects in the
administrative operation of government. 8t must be in harmony with the law and should
be for the sole purpose of implementing the law and carrying out the legislative policy.
$dministration
a. "s a ?unction
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&0.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8t is the e$ecution% in non#4udicial matters% of the law or will of the State as
e$pressed by competent authority
b. "s an *rganization
That group or aggregate of persons in whose hands the reins of government
are for the time being.
=overnment of te Pili&&ines
8t refers to the corporate governmental entity through which the functions of the
government are e$ercised throughout the )hilippines% including% save as the contrary
appears from the conte$t% the various arms through which political authority is made
effective in the )hilippines% whether pertaining to the autonomous regions% the
provincial% city% municipal or barangay subdivisions or other forms of local government.
Finds of government;
1. 89T,9"Llegal side of public administration% e.g.% matters concerning
personnel% fiscal and planning activities.
!. ,CT,9"Ldeals with problems of government regulations% e.g.% regulation
of lawful calling of profession% industries or businesses.
=overnment Instrumentalit*
8t refers to any agency of the national government% not integrated within the
department framewor>% vested with special functions or 4urisdiction by law% endowed
with some% if not all% corporate powers% administering special funds% en4oying operational
autonomy% usually through a charter. 8t includes regulatory agencies% chartered
institutions and B*CCs.
=overnment(-wned or "ontrolled "or&orations (=-""s+
8t refers to any agency organized as a stoc> or non#stoc> corporation% vested with
functions relating to public needs whether governmental or proprietary in nature% and
owned by the Bovernment directly or through its instrumentalities either wholly% or
where applicable as in the case of stoc> corporations% to the e$tent of at least fifty#one
percent <+1J= of its capital stoc>.
a) Pro&rietar*5if the purpose is to obtain special corporate benefits or earn
pecuniary profit
b) =overnmental5if it is in the interest of health% safety and for the
advancement of public good and welfare% affecting public in general.
(Gla$uera vs. lcala, ,9; SCR !**, Se%tember 11, 199<#
Those with special charters are government corporations sub4ect to its provisions% and
its employees are under the 4urisdiction of the CSC. The )9C was not impliedly
converted to a private corporation simply because its charter was amended to vest in it
the authority to secure loans% be e$empted from payment of all duties% ta$es% fees and
other charges% etc. (Cam%ore3on3o vs. )LRC, (.R. )o. 1,9+49, ugust *, 1999#
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&0-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$%enc* of te =overnment
8t refers to any of the various units of the Bovernment% including a department%
bureau% office% instrumentality% or government#owned or controlled corporation% or a
local government or a distinct unit therein.
$dministrative !odies or $%encies
*rgan of government% other than a court% and other than a legislature% which
affects the rights of private parties either through ad4udication or rule#ma>ing.
They are created either by;
1. Constitutional provisions6
!. Legislative enactments6 or
&. "uthority of law.
" body or agency is administrative where its function is primarily regulatory even
if it conducts hearings and determines controversies to carry out its regulatory duty. *n
its rule#ma>ing authority% it is administrative when it does not have discretion to
determine what the law shall be but merely prescribes details for the enforcement of the
law.
$dministrative Re%ulations5also >nown as )8,C,S *? S5B*389"T,
L,B8SL"T8*9% P5"S8#L,B8SL"T8D, )*:,S
8t cannot e$tend the law or amend a legislative enactment% for settled is the rule
that administrative regulations must be in harmony with the provisions of the law. (Lan3
Gan? vs. C, ,49 SCR 149#
Pinds of $dministrative Rules0Re%ulations
a. Supplementary or detailed legislation to fi$ the details in the e$ecution and
enforcement of a policy set out in the law
b. 8nterpretative legislation construing or interpreting the provisions of a statute to
be enforced
c. Contingent legislation made by administrative authority on the e$istence of
certain facts or things upon which the enforcement of the law depends
Re<uisites for $ ;alid $dministrative Re%ulation
1. )romulgation must be authorized by the legislature
!. The administrative must be in accordance with the authority granted by the
legislatureit must not e$ceed6 must be within the scope or purview of the law
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&10
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. )romulgation must be in accordance with the duly prescribed procedures
P4!LI"$.I-N: (/a>a3a vs. /uvera# "rticle ! of the Civil Code.
)ublication is indispensable. 8t spea>s of laws and refers as well as to
administrative promulgated by administrative bodies e7ce&t:
a) Those merely internal in nature
b) Those merely interpretative
- "rticle & of the Civil Code presupposes that the law has been
published in the *.B. or in a newspaper of general circulation.
(. The administrative must be ,"S*9"BL,not whimsical% not capricious%
not oppressive6 it must pass the test of reasonableness
$dministrative Rules and Re%ulations wit Penal sanctionsL $dditional
Re<uisites:
+. The law must itself declare as punishable the violation of the "6
2. The law should define or fi$ the penalty for the violation of the ".
Powers of $dministrative !odies
1. Puasi#Legislative or ule#ma>ing power6
!. Puasi#1udicial or "d4udicatory power6 and
&. 3eterminative powers
9uasi(Le%islative function 9uasi(?udicial function
consists of issuances of rules and
regulations
general applicability
prospective6 it envisages the
promulgation of a rule or regulation
generally applicable in the future
refers to its end product called order%
reward or decision
applies to specific situation
present determination of rights% privileges
or duties as of previous or present time or
occurrence
'oly S%irit 'omeo2ners ssociation vs. Secretary @e5ensor, (.R. )o. 1*!9<+,
ugust !, ,++*, prohibition lies against 4udicial or ministerial functions% but not against
legislative or Huasi#legislative functions. 8n subordinate legislation% as long as the
passage of the rule or regulation had the benefit of a hearing% the procedural due
process reHuirement is deemed complied with.
9uasi(Le%islative Power
This is the e$ercise of delegated legislative power% involving no discretion as to
what the law shall be% but merely the authority to fi$ the details in the e$ecution or
enforcement of a policy set out in the law itself.
The rules and regulations <= issued by administrative authorities pursuant to
the powers delegated to them have the force and effect of law6 they are binding on all
persons sub4ect to them% and the courts will ta>e 4udicial notice of them.
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&11
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1S@S vs. Sec. @e Cesus, (.R. )o. 1;",<*, Cune 1*, ,++*, it must be
stressed that the power of administrative officials to promulgate rules in implementation
of a statute is necessarily limited to what is provided for in the legislative enactment.
The implementing rules and regulations of a law cannot e$tend the law or e$pand its
coverage% as the power to amend or repeal a statute is vested in the legislature. 8t bears
stressing% however% that the administrative bodies are allowed under their power of
subordinate legislation to implement the broad policies laid down in a statute by @filling
inA the details. "ll that is reHuired is that the regulation be germane to the ob4ectives and
purposes of the law6 that the regulation does not contradict but conforms with the
standards prescribed by law.
5nder the law% it is the 3*TC which is authorized to administer and enforced all
laws% rules and regulations in the field of transportation and to regulate related activities.
Since the 3):E has no authority to regulate activities related to transportation% the
Tollways egulatory Board cannot derive its power from the 3):E to issue regulations
governing limited access facilities. (mes :irasol vs. @18', (.R. )o. 1;<"9!, ,++*#
9ecessity of 9otice and Eearing
There is no constitutional reHuirement for a hearing in the promulgation of a
general regulation by an administrative body.
8n Corona vs. Unite3 'arbor 1ilots ssociation o5 t0e 10ili%%ines, (.R. )o.
1119;!, @ecember 1,, 199", the SC reiterated the rule that prior hearing is not
necessary for the issuance of an ".
1octrine of Le%islative $&&roval b* Re(3nactment5the rules and regulations
promulgated by the proper administrative agency implementing the law are deemed
confirmed and approved by the Legislature when said law was re#enacted by later
legislation or through codification. The Legislature is presumed to have full >nowledge
of the contents of the regulations then at the time of re#enactment.
1eterminative Powers
1. ,nablingto permit or allow something which the law underta>es to regulate
!. 3irectingillustrated by the power of assessment of the B8 or Bureau of
Customs
&. 3ispensingto e$empt from a general prohibition% or relieve an individual or
corporation from an affirmative duty
(. ,$amininginvestigatory powerconsists in reHuiring production of boo>s%
papers% etc.
+. Summarypower to apply compulsion or force against persons or property to
effectuate a legal purpose without a 4udicial warrant to authorize such action
9uasi(?udicial or $dBudicator* Power
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&1!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The administrative agency is acting as a court of 4ustice% conducting hearings and
rendering decisions. The proceedings parta>es the character of 4udicial proceedings
Sec. 1(1#, rticle V...=The judicial power shall +e vested in one # and in such lower
courts as may +e esta+lished +y law. Routside of this% they refer to the administrative
agency performing Huasi#4udicial functions.
Re<uisites for a valid e7ercise of 9uasi(?udicial 8unction of $dministrative
$%enc*
6) "onferment of Burisdiction54urisdiction is conferred by the Constitution or law6
it cannot be implied% cannot be waived% it cannot be left to the will of the people.
The power to promulgate rules of procedure
*nce vested with Huasi#4udicial power% by virtue of the 1-".RIN3 -8
N3"3SS$R> I,PLI"$.I-N% it provides the power to promulgate the rules of
procedure. The rules of procedure are sub4ect to the review power of the SC.
USec. ;(;#, rt. V...MN Promulgate rules concerning the protection
and en4orcement o4 constitutional rights, pleading, practice, and procedure
in all courts, the admission to the practice o4 law, the )ntegrated
Bar, and legal assistance to the underprivileged. #uch rules shall provide
a simpli4ied and inexpensive procedure 4or the speedy disposition o4
cases, shall +e uni4orm 4or all courts o4 the same grade, and shall not
diminish, increase or modi4y su+stantive rights. Rules o5 %roce3ure o5
s%ecial courts an3 $uasiA4u3icial bo3ies s0all remain e55ective unless
3isa%%rove3 by t0e Su%reme Court.
8n Cari>o vs. C'R, ,+4 SCR 4<!, the power to investigate is different from the
power to ad4udicate. The court has observed that it is @only the first of the enumerated
powers and functions that bears any resemblance to ad4udication%A but that
resemblance can in no way be synonymous to the ad4udicatory power itself.
Power to investi%ate Power to adBudicate
eceiving evidence and ma>e findings of
fact in a controversy <in the case of CE%
claimed human rights violations involving
civil and political rights=
The faculty of receiving evidence and
ma>e factual conclusions in a controversy
accompanied by the authority of applying
the law to those factual conclusions to the
end that the controversy may be decided
or determined authoritatively% finally and
definitely% sub4ect to appeals or modes of
review as may be provided by law.
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&1&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!. -bservance of $dministrative 1ue Process5mandatory. The reHuisites of
administrative due process% as enumerated in ng /ibay vs. C.R, 4+ B.(. "
t0
Su%%. 1,< are;
J "ardinal0Primar* Ri%ts in $1P:
a. There must be a hearing6
b. The tribunal must consider the evidence presented6
c. 3ecision must have something to support itself6
d. The evidence must be substantialHuantum of evidence6
e. The decision must be based on the evidence adduced at the hearing% or at
least contained in the record and disclosed to the parties6
f. The Board or its 4udges must act on its or their independent consideration
of the facts and the law of the case% and not simply accept the views of a
subordinate in arriving at a decision6 and
g. The decision must be rendered in such a manner that the parties to the
controversy can >now the various issues involved and the reason for the
decision rendered.
:ontemayor vs. raneta University &oun3ation (19""#F'ontemayor was a
full#time professor. Charged with immoral advances% he was investigated with the
assistance of counsel% and dismissed in accordance with the 'anual of policies of the
5niversity. *n appeal to the 9LC% he was ordered reinstated. The SC held that his
removal was with due process. There was no violation of due process in the labor
proceeding but it did not preclude 'ontemayor from suing the 5niversity for damages.
8n Lumi$ue3 vs. Exevea, (.R. )o. 11";*;, )ovember 1<, 199", the C"
egional 3irector was charged administratively. Ee was as>ed several times if he would
li>e to be assisted by counsel but he refused alleging that he can handle his case as he
was from 5). "fter he was found guilty% he died. The heirs now claimed that the entire
proceeding was null and void. They alleged that LumiHued was not properly assisted by
counsel. 8t is the right of the accused to be assisted by counsel. The SC held that the
right of the accused that was being alleged by the heirs is a right of the accused during
custodial investigation which is part of a criminal proceeding. This is not a criminal
proceeding. "dministrative due process does not necessarily reHuire the assistance of
counsel. " party in an administrative proceeding has the option of engaging a counsel
or not. Ee may or may not be assisted by counsel. 8n this case% the egional 3irector
was even as>ed if he would li>e to be assisted by counsel but he refused to. The right to
counsel is not indispensable to due process unless reHuired by the Constitution or the
law.
8n (onEales vs. )LRC an3 teneo 3e @avao University, (.R. )o. 1,;"!;,
ugust ,*, 1999, the SC held that there was a violation of administrative due process
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&1(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
where the teacher was dismissed by the university without having been given full
opportunity to confront the witnesses against her.
The essence of due process is simply an opportunity to be heard or% as applied
to administrative proceedings% an opportunity to see> reconsideration of the action or
ruling complained of (@ela CruE vs. bille, (.R. )o. 1!+19*, &ebruary ,*, ,++1#, or
an opportunity to e$plain one7s side (1ili%inas Loan Com%any vs. SEC, (.R. )o.
1+4",+, %ril 4, ,++1).
8n administrative proceedings% procedural due process simply means the
opportunity to e$plain one7s side or the opportunity to see> a reconsideration of the
action or ruling complained of. @To be heardA does not mean only verbal arguments in
court6 one may also be heard through pleadings. :here opportunity to be heard% either
through oral arguments or pleadings% is accorded% there is no denial of procedural due
process (Casimiro vs. /an3og, (.R. )o. 14*1!", Cune <, ,++;#.
CSC vs. C, (.R. )o. 1*1+<*, )ovember ,4, ,++*, in administrative
proceedings% the filing of charges and giving reasonable opportunity for the person so
charged to answer the accusations against him constitute the minimum reHuirements of
due process. "s long as a party was given opportunity to defend his interests in due
course% he was not denied due process.
Power of "ontem&t54udicial6 inherent power of the court. 8t must be used on
the preservative not on the vindictive principle. "n administrative body may e$ercise the
power of contempt if e$pressly grantedIvested by law to the administrative agency. The
doctrine of necessary implication cannot be applied here.
8n (uevarra vs. CB:ELEC, 1+4 10il. ,*<, the power to punish contempt must
be e$pressly granted to the administrative body6 and when so granted% may be
e$ercised only when the administrative body is actually performing Huasi#4udicial
functions.
8n Simon, Cr. vs. C'R, ,,9 SCR 11", the CE is constitutionally authorized to
@adopt its operational guidelines and rules of procedure% and cite for contempt for
violations thereof in accordance with the ules of CourtA. "ccordingly% the CE acted
within its authority in providing in its revised rules% its power @to cite or hold any person
in direct or indirect contempt% and to impose the appropriate penalties in accordance
with the procedure and sanctions provided for in the ules of Court.A That power to cite
for contempt% however% should be understood to apply only to violations of its adopted
operational guidelines and rules of procedure essential to carry out its investigatorial
powers. To e$emplify% the power to cite for contempt could be e$ercised against
persons who refuse to cooperate with the said body% or who unduly withhold relevant
information% or who decline to honor summons% and the li>e% in pursuing its investigative
wor>. The @order to desistA <a semantic interplay for a restraining order= is not
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&1+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
investigatorial in character but prescinds from an ad4udicative power that it does not
possess.
8n this case% the power of contempt arose from an erroneous assumption of
4urisdiction. 8t is not valid. There is grave abuse of discretion to both issues.
$dministrative determinations were notice and earin% are not necessar* for
due &rocess:
1. Brant of provisional authority for increased rates% or to engage in a particular line
of business
!. Summary proceedings of distraint and levy upon the property of a delinHuent
ta$payer
&. Cancellation of a passport where no abuse of discretion is committed by the
Secretary of ?oreign "ffairs
(. Summary abatement of a nuisance per se which affects the immediate safety of
persons or property
+. )reventive suspension of a public officer or employee pending investigation of
administrative charges filed against him
8n 1GC vs. C.R, (.R. )o. 11,+,4, Canuary ,<, 1999, "rticle . of the Civil Code
recognizes 4udicial decisions applying or interpreting statutes as part of the legal
system of the country. But administrative decisions do not en4oy that level of
recognition. " memorandum#circular of a bureau head could not operate to vest a
ta$payer with a shield against 4udicial action. ?or there are no vested rights to spea> of
respecting a wrong construction of the law by administrative officials and such wrong
interpretation could not place the Bovernment in estoppel to correct or overrule the
same.
$dministrative $&&eal and Review
a. :here provided by law% appeal from an administrative determination may be
made to a higher or superior administrative officer or body.
b. By virtue of the power of control by which the )resident e$ercises over all
e$ecutive departments% the )residentby himselfor through the 3epartment
Secretaries <pursuant to the "lter#,go 3octrine=% may affirm% modify% alter% or
reverse the administrative decision of subordinate officials and employees.
(raneta vs. (atmaitan, 1+1 10il. !,<#.
c. The appellate administrative agency may conduct additional hearings in he
appealed case% if deemed necessary. (Reyes vs. Hamora, 9+ SCR 9,#.
1octrine of Res ?udicata
8t does not apply to administrative decisions.
8t forbids the reopening of a matter once determined by competent authority
acting within their e$clusive 4urisdiction. (-smael vs. @e%uty Executive Secretary, 19+
SCR *"!#
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&12
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1octrine of Primar* ?urisdiction (or Prior Resort+
Courts cannot and will not resolve a controversy involving a Huestion which is
within the 4urisdiction of an administrative tribunal% especially where the Huestion
demands the e$ercise of sound administrative discretion reHuiring the special
>nowledge% e$perience and services of the administrative tribunal to determine technical
and intricate matters of fact.
8n recent years% it has been applied to matters that demand the special
competence of administrative agencies even if the Huestion involved is also 4udicial in
character. 8t applies @where a claim is originally cognizable in the courts% and comes into
play whenever enforcement of the claim reHuires the resolution of issues which% under a
regulatory scheme% have been placed within the special competence of an
administrative body6 in such case% the 4udicial process is suspended pending referral of
such issues to the administrative body for its view.A
8n cases where the doctrine of primary 4urisdiction is clearly applicable% the court
cannot arrogate unto itself the authority to resolve a controversy% the 4urisdiction over
which is lodged with an administrative body of special competence. (Villa5lor vs. C,
,<+ SCR ,<"#
1octrine of 37austion of $dministrative Remedies
Before a party is allowed to see> the intervention of the court% it is a pre#condition
that he should have availed of all the means of administrative processes afforded him.
Eence% if a remedy within the administrative machinery can still be resorted to by giving
the administrative officer concerned every opportunity to decide on a matter that comes
within his 4urisdiction then such remedy should be e$hausted first before the court7s
4udicial power can be sought. The premature invocation of court7s 4urisdiction is fatal to
one7s cause of action.
Sec) 68J, L="5e$pressly provides that administrative remedies must be
e$hausted first before the constitutionality or legality of a ta$ ordinance may be
challenged in court.
8n 10ili%%ine Coconut @esiccators vs. 10ilCo, (.R. )o. 11+;,*, &ebruary
1+, 199<, only decisions of administrative agencies made in the e$ercise of Huasi#
4udicial powers are sub4ect to the rules of e$haustion of administrative remedies. 8n li>e
manner% the doctrine of primary administrative 4urisdiction applies only where the
administrative agency e$ercises Huasi#4udicial or ad4udicatory powers.
Thus% where what is assailed is the validity or constitutionality of a rule or
regulation issued by the administrative agency in the performance of its Huasi#legislative
function% the regular courts have 4urisdiction to pass upon the same (Smart
Communications vs. )/C, (.R. )o. 1;19+<, ugust 1,, ,++!#.
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&1/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1octrine of Primar* ?urisdiction (Prior
Resort
1octrine of 37austion of
$dministrative Remedies
Lac> of 4urisdiction cannot be waived6
4urisdiction is conferred by law
Lac> of Cause of action6 waivable6
premature resort to the courts necessarily
becomes fatal to the C*".
=eneral rule: ,$haustion of administrative remedies must first be made before
resorting to court actions. ?ailure to e$haust will not affect the 4urisdiction of the court
but the complainant is deprived of a C*" which is a ground for a motion to dismiss.
Eowever% if no motion to dismiss is filed on this ground% there is deemed to be a waiver.
37ce&tions:
1. 8f the issue involves a pure Huestion of lawuseless to e$haust. *nly the courts
can declare with finality what are purely legal Huestion.
8n Castro vs. Secretary (loria, (.R. )o. 1!,1"4, ugust ,+, ,++1, the SC said
that there is a Huestion of law when the doubts or differences arise as to what the law is
on a certain state of facts. There is Huestion of fact when the doubts or differences arise
as to the truth or falsity of alleged facts.
!. 8f the law does not provide for an administrative remedy4ust go to the regular
courts. In Estuerte vs. C, 19! SCR ;41, the SC said that in a civil action for
damages% the court7s concern is whether or not damages% personal to the
plaintiff% were caused by the acts of the defendants6 it can proceed independently
of the administrative action. "ccordingly% the doctrine of e$haustion of
administrative remedy does not apply.
&. 3octrine of Pualified )olitical "gency"LT, ,B* 3*CT89,. 8n )aEareno
vs. C, ,*" SCR ;<9, the SC held that when the 5ndersecretary of 3,9
denied the motion for reconsideration% he was acting on behalf of the Secretary
of 3,96 accordingly% administrative remedies had been e$hausted.
(. :here there is unreasonable delay or official inaction.
8n Re%ublic vs. San3iganbayan, ,;; SCR 4!<, the inaction of the )CBB on
the motion filed by the respondent and co#respondent Nit too> / years before the )CBB
filed its motion to dismiss based on failure to e$haust administrative remediesO gave
rise to unreasonable delay.
+. The administrative action is patently illegal amounting to lac> or e$cess of
4urisdiction.
8n Caba3a vs. lunan, ,*+ SCR <!<, the SC said that the Commissioner of
the 9")*LC*' who denied petitioners7 appeal to the Secretary of 38LB acted in a
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&1.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
patently illegal manner% because only the Secretary of 38LB could act on the appeal
and the 9")*LC*'% being a collegial body% cannot be bound by the act of an
individual Commissioner.
2. :hen there is irreparable in4ury or threat thereof% unless 4udicial recourse is
immediately made.
/. :hen it would amount to a nullification of the claim.
.. :hen the sub4ect matter is a private land in land case proceeding.
-. :hen there are circumstances indicating the urgency of 4udicial intervention.
10. :hen due process of law is clearly violated.
11. :hen there is estoppel on the part of the administrative agency concerned.
8n V3a 3e /an vs. Veterans Gac?%ay Commission, 1+; 10il. !"", petitioner%
as widow of a Chinese guerilla veteran who rendered military service during the
1apanese occupation% filed an application for bac> pay before the Deterans Bac> )ay
Commissions. $$$ The respondent Commission is in estoppel considering that in its
resolution; 5The opinions promulgated +y the #ecretary o4 Gustice are advisory in
nature, which may either +e accepted or ignored +y the o44ice see"ing the opinion, and
any aggrieved party has the court 4or recourse xxx. thereby leading the petitioner to
conclude that only final 4udicial ruling in her favor would be accepted by the
Commission.
9on#e$haustion of administrative remedies is not 4urisdictional. 8t only renders the action
premature% i.e.% claimed cause of action is not ripe for 4udicial determination and for that
reason a party has no cause of action to ventilate in court. (Carale vs. barintos, ,*9
SCR 1!,#
The doctrine of e$haustion of administrative remedies and the corollary doctrine
of primary 4urisdiction% which are based on sound policy and practical considerations%
are not infle$ible rules. There are many accepted e$ceptions such as unreasonable
delay or official inaction that will irretrievably pre4udice the complainant and when the
Huestion involved is purely legal and will ultimately have to be decided by the courts of
4ustice. (R1 E/C vs. Laca%, (.R. )o. 1;<,;!, :arc0 ,, ,++"#
?udicial Review of $dministrative 1ecisionsL /en ,ade:
1. To determine constitutionality or validity of any treaty% law% ordinance% e$ecutive
order or regulation6
!. To determine 4urisdiction of any administrative board% commission or officer6
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&1-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. To determine any other Huestions of facts when necessary to determine either;
a. Constitutional or 4urisdictional issue6
b. Commission of abuse of authority6 and
c. :hen administrative fact#finding body is unduly restricted by an error of
law.
(. To determine any other Huestions of law.
=eneral Rule: ?indings of facts of administrative agencies accorded great weight by
the courts.
37ce&tions:
1. ?actual finding is not supported by evidence6
!. ?indings are vitiated by fraud% imposition or collusion6
&. )rocedure which led to factual findings is irregular6
(. )alpable errors are committed6
+. Brave abuse of discretion% arbitrariness or capriciousness is manifest.
)' vs. 1ascual, (.R. )o. 1;<!*4, )ovember ,<, ,++", the decisions and orders of
administrative agencies% rendered pursuant to their Huasi#4udicial authority% have upon
their finality% the force and binding effect of a final 4udgment within the purview of the
doctrine of res judicata.
!R$N13IS 1-".RIN3 -8 $SSI,IL$.I-N -8 8$".S5where what purports to be a
finding upon a Huestion of fact is so involved with and dependent upon a Huestion of law
as to be in substance and effect decision on the latter% the Court will% in order to decide
the legal Huestion% e$amine the entire record including the evidence if necessary.
P4!LI" IN.3RN$.I-N$L L$/
Law that deals with the conduct of States and international organizations%
their relations with each other and% in certain circumstances%
their relations with persons% natural or 4uridical.
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&!0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
International Law5body of principles% norms and processes which regulates he
relations of States and other international persons% and governs their conduct affecting
the interests of the international community of States as a whole.
This concept manifests in the codification of jus cogens or
peremptory norms as part of positive international law. The Dienna Convention on the
Law of Treaties specifies jus cogens norms as a ground for nullification or termination of
treaties. ?or this purpose% article +& of the Convention defines a jus cogens norm% thus;
@a peremptory norm of general international law is a norm accepted and recogni7ed +y
the international community o4 #tates as a whole as a norm from which no derogation is
permitted and which can be modified only by a subseHuent norm of general
international law having the same character.
!asis of International Law
1. Law of Nature Scool5based on rules of conduct discoverable by every
individual in his own conscience and through application of right reasons.
!. Positivist Scool5agreement of sovereign states to be bound by it <e$press in
conventional law% implied in customary law% and presumed in general principles=
&. 3clectic or =roatian Scool5a compromise between the first ! schools and
submits that international law is binding partly because it is good and right and
partly because states agreed to be bound by it.
8unctions of International Law:
1. )romote international peace and security6
!. ?oster friendly relations among nations and discourage use of force 8 the
resolution of difference among them6
&. )rovide for orderly regulation of conduct of states in their mutual dealings6 and
(. ,nsure international cooperation in pursuit of certain common purposes of
economic% social% cultural or humanitarian character.
!asic norms or &rinci&les of international law:
1. States shall refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any State% or any other
manner inconsistent with the purposes of the 59.
2. States shall settle their international disputes by peaceful means in such a
manner that international peace and security and 4ustice are not endangered.
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&!1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
3. The duty of States not to intervene in matters within the domestic 4urisdiction of
any State.
4. The duty of States to cooperate with one another.
5. The principle of eHual rights and self#determination of peoples.
6. The principle of sovereign eHuality of States.
7. States shall fulfill in good faith the obligations assumed by them.
Sources of International Law
a. 8nternational treaties and conventions% whether general or particular% establishing
rules e$pressly recognized by the contesting States6
Dienna Convention on the Law of Treaties% Eague Convention
Treaty
,lements;
1. 8nternational agreement
!. States
&. :ritten
(. Boverned by international law
'a>ing; Beneral rule; ?ull powers needed
,$ceptions; 1. Eeads of statesIgovernments
!. ?oreign affairs
&. Eeads of diplomatic missions#limited
(. epresentatives to international conferences#
limited
<9ote; SubseHuent confirmation of acts of representatives
without full powers validates action on behalf of state=
"doption; Beneral rule; if bilateral or few states% all must concur
,$ception; international conference <!I&=
,$ception to the ,$ception; if !I! provide different rule
b. 8nternational customs% as evidence of a general practice accepted as law6
3lements of International "ustom:
1. Beneral practice% characterized by uniformity and consistency6
)revailing practice by a K of states% repeated over a considerable period of time
!. 'pinio juris sive necessitatis, or recognition of that practice as legally binding.
3octrine of state immunity% prohibition against slavery% principle of e$territoriality
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&!!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Instant "ustom5a binding customary rule established by the spontaneous
activity of a great number of states and need not be observed for a considerable
period.
e.g. application of self#defense in invading "fghanistan after -11
c. The general principles of law recognized by civilian nations6
3erived from law of nature and are observed by the ma4ority of states because
they are believed to be good and 4ust.
d. 1udicial decisions and the teachings and writings of the most highly Hualified
publicists of the various nations and advisory opinions of the 8C1% as subsidiar*
means for the determination of rules of law.
e. ,Huity "rticle &. <!= provides that the 8C1 may decide cases ex a 9uo et +ono
<by what is fair and good=
Sources of law refer to norms derived from international conventions or treaties%
custom% and general principles of law. The distinctive character of these norms is that
they are created% or they acHuire binding effect% through the methods pointed out above.
8ormal Sources ,aterial Sources
5consists of the methods and procedures
for the creation of norms6
may refer to customary norms
5are the substantive evidence of the
e$istence of norms6
5may refer to 4udicial decisions and the
wor>s of highly Hualified publicists or
4urists% which embody norms of
international law
.23 L$/ -N .R3$.I3S
(#ee 3tty. #andovalDs 2<</ handouts in )nternational &aw, page -)
CUS CB(E)SFa <peremptory= norm which States cannot derogate or deviate from in
their agreements. 8t is therefore a mandatory norm and stands on a higher category
than a jus dispositivum norm which states can set aside or modify by agreement.
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&!&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Beneral ule; )arties cannot enter into a treaty contrary to jus cogens or norms
recognized and accepted by international community6 non#derogable
,$amples; unlawful use of force% commission of a criminal act% trade in slaves% piracy%
genocide% human rights violations% eHuality of states% and self#determinations
Princi&les wic determine te order of &recedence in te a&&lication of rules or
norms of International Law:
1. &ex superior derogate in4eriori=rules from one source of law prevail over those
derived from another source.
!. &ex posterior derogate priori=later rules prevail over the earlier.
&. &ex specialis derogate generali=particular rules prevail over the general.
International Law ,unici&al Law
Law of coordination
regulates relation of states and other
international persons
derived principally from treaties%
international customs and general
principles of law
resolved thru state#to#state transactions
collective responsibility because it
attaches directly to the state and not to its
nationals
Law of subordination <issued by political
superior=
regulates relations of individuals among
themselves or with their own states
consists mainly of statutory enactments%
and to a lesser e$tent e$ecutive orders
and 4udicial pronouncements
redressed thru local administrative and
4udicial processes
breach of which entails individual
responsibility
_Rules in case of conflict between IL and ,L:
,fforts should first be e$erted to harmonize them% so as to give effect to both
since it is to be presumed that municipal law was enacted with proper regard for the
generally accepted principles of international law in observance of the 8ncorporation
Clause in Section !% "rticle 88 of the Constitution.
- 8f a local court is deciding;
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&!(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
-8f conflict is with the Constitution% the latter prevails. Sec) G(2a+, $rticle ;III of
the Constitution provides that the SC has the power to declare a treaty or e$ecutive
agreement unconstitutional.
-8f conflict is with a statute% 8L should be given eHual standing with% but not
superior to% national legislative enactments.
- 8f an international tribunal is deciding;
8nternational law is superior to municipal law% because international law provides
the standard by which to determine the legality of a State7s conduct. By the doctrine of
pacta sunt servanda% a state may not invo>e its internal law to avoid a treaty obligation.
Relation of IL to ,L: (2 ;iews+
1. ,onist58L is the same as 'L
!. 1ualist5they are disctinct from each other by purpose. 8L becomes part of
'L by incorporation or transformation.
IN"-RP-R$.I-N "L$4S35Section 2, $rticle II of te "onstitution(( The
Philippine renounces war as an instrument o4 national policy, a3o%ts t0e generally
acce%te3 %rinci%les o5 international la2 as %art o5 t0e la2 o5 t0e lan3 and adheres
to the policy o4 peace, e9uality, justice, 4reedom, cooperation, and amity with all nations.
5nder the doctrine of incorporation% rules of international law form part of the law
of the land and no further legislative action is needed to ma>e such rules applicable in
the domestic sphere.
'o2 is it a%%lie3 by local courts9
- The doctrine is applied whenever municipal tribunals <or local courts= are confronted
with situations in which there appears to be a conflict between a rule of international law
and the provisions of the Constitution or statute of the local state. ,fforts should first be
e$erted to harmonize them% so as to give effect to both since it is to be presumed that
municipal law was enacted with proper regard for the generally accepted principles of
international law in observance of the 8ncorporation Clause in Section !% "rticle 88 of the
Constitution. 8n a situation% however% where the conflict is irreconcilable and a choice
has to be made between a rule of international law and municipal law% 4urisprudence
dictates that municipal law should be upheld by the municipal courts for the reason that
such courts are organs of municipal law and are accordingly bound by it in all
circumstances. The fact that international law has been made part of the law of the land
does not pertain to or imply the primacy of international law over national or municipal
law in the municipal sphere. The doctrine of incorporation% as applied in most countries%
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&!+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
decrees that rules of international law are given eHual standing with% but are not
superior to% national legislative enactments. "ccordingly% the principle of lex posterior
derogate priori ta>es effecta treaty may repeal a statute and a statute may repeal a
treaty. 8n states where the Constitution is the highest law of the land% such as the
epublic of the )hilippines% both statutes and treaties may be invalidated if they are in
conflict with the Constitution. (Secretary o5 Custice vs. 'on. Ral%0 Lantion, (.R. )o.
1!94*;, Canuary 1<, ,+++#
The incorporation clause assumes the e$istence of international law which binds
the )hilippines as a State. 8t thus becomes a method by which the )hilippines can carry
out its obligations under international law within its territorial 4urisdiction.
8t creates legal rights and obligations within )hilippine territory and regulates the
conduct of government official and organs as well as the relations of individual citizens
with each other and with the government. Puestions of international law may be
submitted to )hilippine courts for decision. The outcome of litigation% however% does not
affect the binding nature of international law in the relation of the )hilippines with other
States and other international persons.
1udicial notice dispenses with the burden of proving @generally accepted
principles of international lawA. Theoretically at least% its cumulative effect as combined
with the incorporation clause is to reHuire no proof at all for the application of generally
accepted principles of international law to become operative as )hilippine law in a case
before a )hilippine court. 8n short% it is as good as statutory law in terms of probative
value.
Identified Parts of 1omestic Law as 1erived from E=enerall* $cce&ted Princi&les
of International LawF:
1. ules and principles of land warfare and of humanitarian law under Eague and
Beneva Conventions
2. Pacta sunt servanda
&. Euman rights
(. " foreign army allowed to march through a friendly country or to be stationed in
it% by permission of its government or sovereign% is e$empt from the civil and
criminal 4urisdiction of the place
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&!2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
+. 1udicial acts not of a political comple$ion of a de facto government established
by the military occupant in an enemy territory is valid under international law
2. )rivate property seized and used by the enemy in times of war under
circumstances not constituting valid reHuisition does not become enemy property
and its private ownership is retained% the enemy having acHuired only its
temporary use
/. The State has the right to protect itself and its revenues% a right not limited to its
own territory but e$tending to the high seas
.. )rinciple of restrictive sovereign immunity
-. )rinciple in diplomatic law that the receiving state has the special duty to protect
the premises of the diplomatic mission of the sending State
10. The right of a citizen to return to his country
'oly See vs. 3el Rosario, the Court has declared in an o+iter dictum that even without
affirmation in the incorporation clause of the Constitution% @such principles of
international law are deemed as part of the law of the land as a condition and
conseHuence of our admission in the society of nations%7 under the doctrine of
incorporation. "nd upon admission in the international society% the state is automatically
obligated to comply with these principles.
1-".RIN3 -8 .R$NS8-R,$.I-NreHuires the enactment by the legislative body
of such international law principles as are sought to be part of municipal law.
8n the case of Laguna La?e @evelo%ment ut0ority vs. C, ,!1, SCR ,9,, it
was held that Section 2% "rticle 88 of the Constitution was ta>en from the 5niversal
3eclaration of Euman ights and the "lma Conference 3eclaration of 1-/. recognizing
health as a fundamental human right. Thus% the authority of the LL3" to issue a cease
and desist order to prevent pollution of 'arilao iver was upheld on the basis of the
&rinci&le of necessar* im&lication.
Provisions of te "onstitution wic concern International Law
1. "rticle 89ational Territory
!. "rticle 88% Section !8ncorporation Clause
&. "rticle 88% Section (defense of state
(. "rticle 88% Section /independent foreign policy
+. "rticle 88% Section .freedom from nuclear weapons
2. "rticle 888% Section 2liberty of abode
/. "rticle 8DCitizenship
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&!/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
.. "rticle D8% Section !&State of war
-. "rticle D88% Section !1treaty
10. "rticle D888% Section +cases affecting ambassadors
11. "rticle C88% Section !ownership of lands and e$ploration of resources
1!. "rticle CD888% Section (treaties
1&. "rticle CD888% Section !+foreign military troops
SubBect of International Law5is an entity with capacity of possessing international
rights and duties and of bringing international claims. This entity is said to be an
international person or one having an international personality% on the basis of
customary or general international law. 8t includes;
1. State6
!. Colonies and dependenciesthey are considered as part and parcel of the parent
state% through which all its e$ternal relations are transacted with other states6
&. Territories under international control or supervisionthese are non#self#
governing territories which have been placed under international supervision to
insure their political% economic% social and educational advancement6
,andates5former territorial possessions of states defeated in :orld :ar 8 and
placed under the control of the League of 9ations.
.rust territories5some of the mandates that were placed under the Trusteeship
Council of the 59
"ondominium5is a territory 4ointly administered by two states.
(. Belligerent communitiesgroup of rebels under an organized civil government
who have ta>en up arms against the legitimate government. :hen recognized%
considered as a separate state for purposes of conflict and entitled to all the rights
and sub4ected to all the obligations of a full#pledged belligerent under the laws of
war6
+. 8nternational administrative bodiescreated by agreement among states may be
vested with international personality when two conditions concur;
a. Their purposes are mainly non#political6
b. They are autonomous and not sub4ect to the control of any state.
2. The 5nited 9ations(#ee discussion +elow)6
/. The Datican City and the Eoly See
The Eoly See has all the constituent elements of Statehood. 8t has all the rights of a
state% including diplomatic intercourse% immunity from foreign 4urisdiction% etc. The
Datican was constituted as a territory under the Sovereignty of Eoly See.
8n the case of 'oly See vs. 3el Rosario, ,!< SCR ;,4, the SC distinguished
Datican City from Eoly See wherein the latter is an international person with which
the )hilippines had diplomatic ties since 1-+/.
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&!.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
.. 8ndividuals% to a certain e$tentthey have also been granted a certain degree of
international personality under a number of international agreements;
a. 4N "arter provision on @faith in fundamental human rights% dignity and
worth of the human person% and in the eHual rights of men and womenA6
b. 4niversal 1eclaration of 2uman Ri%ts provision on the @inherent dignity
and the eHual and inalienable rights of all members of the human familyA6
c. Some treaties.reat* of ;ersailles which confer on individuals the right to
bring suit against States before national or international tribunals6
d. The need of States to maintain international standard of Bustice in the
treatment of aliens6
e. The =enocide "onvention which condemns the mass e$termination of
national% ethnic% racial or religious groups6
f. The 6K:0 2a%ue "onvention with its rules to prevent the anomalous
condition of statelessness and the 6KGI "ovenant Relatin% to te Status of
Stateless Persons, which grants stateless individuals certain basic rights6
and
g. The 6KG0 3uro&ean "onvention on 2uman Ri%ts and fundamental
8reedoms% which grants private associations and individuals the right to file
complaints before the ,uropean Court on Euman ights.
8f an entity is not a sub4ect of international law as such% it may still assume certain
characteristics of international personality but in a special or restricted conte$t such as
that defined by agreement% recognition or acHuiescence.
"n individual may be a sub4ect of international law <independently of his State% an
individual may be tried for terrorism <Bin Laden=% war crimes. The ome Statute has
created a permanent international criminal court.
:ay in3ivi3uals assume t0e status o5 sub4ects o5 international la29
E Ges% but on the basis of agreement or in specific conte$t% and not in accordance with
general or customary international law.
(overnment o5 'ong Dong S%ecial 3ministrative Region vs. 'on. Blalia, Cr. (.R.
)o. 1;!*";, %ril 19, ,++" (#ee 3tty. #andovalDs 2<</ handouts in )nternational &aw, page ;)
re international organiEations consi3ere3 sub4ects o5 international la29
E Ges% their status is determined by agreement and not by general or customary
international law. The criteria of a legal personality have to be met.
1. " permanent association of states% with lawful sub4ects% eHuipped with organs6
!. " distinction% in term of legal powers and purposes% between the organization
and its member states6
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&!-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. The e$istence of legal powers e$ercisable on the international plane and not
solely within the national systems of one or more states.
S.$.35a community of persons% more or less numerous% permanently occupying a
definite portion of territory% independent of e$ternal control% and possessing a
government to which a great body of inhabitants render habitual obedience. ()0 vs.
ampos 0ueda, 12 #03 2,)
8t is a group of people living together in a fi$ed territory% organized for political
ends under an independent government% and capable of entering into international
relations with other states.
!asic "riteria for Stateood (elements+:
1. )ermanent population6
Peo&le5a group of individuals% of both se$es% living together as a community. They
must be sufficient in number to maintain and perpetuate themselves.
!. 3efined territorya fi$ed portion of the earth7s surface occupied by the inhabitants6
&. Bovernmentmust be organized% e$ercising control over and capable of maintaining
law and order within the territory6 and
(. Capacity to enter into relations with other Statesrefers to independence% that is%
freedom from outside control in the conduct of its foreign <and internal= affairs% which
many highly Hualified publicists consider as the decisive criterion of statehood.
+. Civilization other suggestedIadditional
2. ecognition elements
"reation of State:
1. By revolution6
!. 5nification6
&. Secession6
(. "ssertion of independence6
+. "greement6 and
2. "ttainment of civilization.
37tinction of States:
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&&0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1. By e$tinction or emigration en masse of its population6
!. Loss of territory6 and
&. *verthrow of government resulting in anarchy.
Princi&le of State "ontinuit*5as long as the elements of the State are present% the
State shall continue in e$istence.
Succession of States; 'ay be 5niversal or )artial
"onse<uences:
6) )olitical laws are abrogated
2) 'unicipal laws remain in force
:) Treaties are discontinued% e$cept those dealing with local rights and
duties% such as those establishing easements and servitudes6
I) "ll rights of the predecessor state are inherited% but successor state
can assume and re4ect liabilities at its discretion
Succession of Bovernments;
The integrity of the State is not affected. The State continues as the same
international person e$cept that its lawful representative is changed.
"onse<uences:
1. "ll rights of the predecessor government are inherited by the
successor6
!. :here the new government was organized by virtue of constitutional
reform duly ratified in a plebiscite% all obligations of the predecessor
are li>ewise assumed6 however%
&. :here the new government is established through violence% the new
government may lawfully re4ect purely personal or political obligations
of the predecessor% but not those obligations contracted by it in the
ordinary course of official business.
"lasses of States:
". IN13P3N13N.5has freedom to direct and control foreign relations without
restraint from others states. 8t may be;
a. Sim&le5single central government with power over internal and e$ternal
affairs.
b. "om&osite5! or more sovereign states 4oined together to constitute one
international person which may be;
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&&1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
i. Real 4nion5! or more states mer%ed under a unified authority so
that they form a single international person through which they act
as one entity. The states retain their separate identities% but their
respective international personalities are e$tinguished and blended
in the new international person.
ii. 8ederal 4nion5combination of ! or more states which% upon
merger% ceased to be states% resulting in the creation of new state
with full international personality to represent them in their e$ternal
relations as well as a certain degree of power over their domestic
affairs and their inhabitants.
"uthority over internal affairs; divided between federal authorities
and the member#states6
"uthority over e$ternal affairs: handled solely by federal authorities.
B. 13P3N13N.5although theoretically a state% does not have full freedom in the
direction of its e$ternal affairs% such as a %rotectorate <which is established at
the reHuest of the wea>er state for the protection by a strong power% e.g.
)anama% "ndorra% 'onaco= or a suEerainty <which is the result of a concession
from a state to a former colony that is allowed to be independent sub4ect to the
retention by the former sovereign of certain powers over the e$ternal affairs of
the latter% e.g. Bulgaria and umania% both suzerainties of Sultan of Tur>ey by
virtue of Treaty of Berlin of 1./.=
C. N34.R$LIC315whose independence and integrity are guaranteed by an
international treaty on the condition that such state obligates itself never to ta>e
up arms against other state <e$cept in self#defense=% or to enter into an
international obligation as would indirectly involved it in war. e.g. Switzerland
and "ustria
80o 0as t0e %o2er to recogniEe a State or (overnment9
The ,$ecutive Eead has the power to recognize% as political act% a State or
Bovernment and the recognition is permanent and cannot be withdrawn.
8undamental ri%ts of States in International Law:
6) ight to sovereignty and independence6
2) ight to &roperty and 4urisdiction6
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&&!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
:) ight to e$istence and self#preservationIself#defenseSec. (% "rticle 88 of )hil.
Constitution L "rticle +1% 59 Charterrecognize the inherent right to individual or collective self#
defense if an armed attac> occurs against such state6
I) ight to eHuality6 and
G) ight to diplomatic intercourse.
8undamental 1uties of States in International Law:
1. 9on#intervention6
!. *bserve rights of other states6
&. Comply with treaty stipulations and other obligations arising from membership in
international organizations6
(. 'aintain peace6 and
+. espect the international laws.
IN.3R;3N.I-N
8t is the dictatorial interference by one State in the internal affairs of another
State% or in dealings with other States% usually bac>ed up by force or threat of force. The
>ind of interference must be dictatorial. " State may not interfere unless it has force.
8ntervention is not allowed in 8nternational Law. Eowever% it must be
distinguished from mere intercession% such as the tender of advice or the filing of
diplomatic protest% which is not prohibited.
Instances of ?ustified Intervention:
1. 8ntervention as an act of individual or collective self#defense6
!. 8ntervention by treaty stipulation or by invitation6
&. 8ntervention by 59 authorization6
(. 8ntervention on humanitarian grounds <which according to authorities in
international law% has now evolved into an international custom=.
1R$=- 1-".RIN35it prohibits intervention for the purpose of collecting contractual
debts. 8t was formulated by "rgentinian ?oreign 'inister Luis 3rago as a reaction to
what happened in Denezuela in 1-0! where the ports of Denezuela were bloc>aded by
the combined naval fleets of Bermany% 8taly% and Breat Britain <the super powers of the
time= to compel the Denezuelan government to pay its contractual debts.
State Soverei%nt*5is the right to e$ercise in a definite portion of the globe the
functions of a State to the e$clusion of any other State.
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&&&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Sovereignty in relations between States signifies independence. 8ndependence in
regard to a portion of the globe is the right to e$ercise therein% to the e$clusion of any
other State% the functions of a State. (Cu3ge 'uber, t0e Sole rbitrator in t0e .slan3
o5 Las 1almas Case#
/idel* acce&ted elements of Soverei%n 3<ualit* of States Princi&le
1. States are 4uridically eHual6
!. ,ach State shall en4oy the rights inherent in full sovereignty6
&. ,ach State has the duty to respect the personality of other States6
(. The territorial integrity and political independence of the State are inviolable6
+. ,ach State has the right freely to choose and develop its political% social%
economical and cultural systems6 and
2. ,ach State has the duty to comply fully and in good faith with its international
obligations and to live in peace with other States.
Reco%nition5The act by which the state ac>nowledges the e$istence of another state%
a government or a belligerent community% and indicates its willingness to deal with the
entity as such under international law.
Theories on ecognition;
1. Constitutive <'inority Diew=recognition is the act which constitutes the
entity to an international person. ecognition is compulsory and legal6 it may
be compelled once the elements of a state are established.
!. 3eclarative <'a4ority Diew=recognition merely affirms an e$isting fact% li>e
the possession by the State of the essential elements. 8t is discretionary and
political.
Basic ules on ecognition;
8t is a political act and mainly a matter of policy on the part of each State6 it is
discretionary on the part of the recognizing authority6 and it is e$ercised by the political
<e$ecutive= department of the state. Thus% the legality and wisdom of recognition is not
sub4ect to 4udicial review.
.obar or /ilson 1octrine5<must show stable government and people support=the
doctrine precludes recognition of government established by revolutionary means until
the constitutional reorganization by the free election of representatives.
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&&(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
3strada 1octrine5it provides that if a state will deal with representatives of the
government in actual control of another country for the protection of its citizens in the
territory of the later state% this does not necessarily mean recognition of the said
government.
Stimson 1octrine5no recognition of a government established through e$ternal
aggression.
Finds of ecognition;
1. 3e ?acto<of fact= e$tended by the recognizing state which believes that
some of the reHuirements for recognition are absent. The recognition is
generally provisional and limited to certain 4uridical relations6 it does not bring
about full diplomatic intercourse and does not give title to assets of the state
heldIsituated abroad.
!. 3e 1ure<of Law= e$tended to a government fulfilling the reHuirements for
recognition. :hen there is no specific indication% recognition is generally de
4ure. The recognition is relatively permanent6 bring about full diplomatic
intercourse and observance of diplomatic immunities6 and confers title to
assets abroad.
,ffects of ecognition;
1. 3iplomatic relations6
!. ight to sue in the courts of recognizing state6
8n the case of Ganco )acional 3e Cuba vs. Sabattino, !"* US !9<, unfriendly
relations or the lac> of reciprocity was held immaterial.
&. 8mmunity from 4urisdiction6
(. ,ntitlement to property within the recognizing state6 and
+. etroactive validation of the acts of the recognized sateIgovernment.
"onditions for reco%nition of a belli%erent state:
1. *rganized civil government having control and supervision over the armed
struggle
!. Serious and widespread struggle
&. *ccupation of a substantial portion of the national territory
(. :illingness on the part of the rebels to observe rulesIcustoms of war
-"bsence of any of the above conditions% there is no belligerency but only state of
insurgency% which is rarely recognized% because this will be intervention in the domestic
affairs of another state.
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&&+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
,ffects of ecognition of Belligerency;
1. esponsibility for acts of rebels resulting in in4ury to nationals of the
recognizing state shall be shifted to the rebel government6
!. The legitimate government recognizing the rebels shall observe the laws of
war in conducting hostilities otherwise any party that will violate the laws of
war shall be considered as war criminals6
&. Third states recognizing the belligerency shall maintain neutrality6 and
(. ecognition is only provisional <for the duration of the armed struggle= and
only for the purpose of hostilities.
?urisdiction of States5it is the power% authority% sovereignty or legal control e$ercised
by a state over land% persons% property% transactions% and events in its territory.
1. "s a conceptit is the capacity to;
a. Legislate or to prescribe lawsIrules
b. ,nforce lawsIrules
!. "s powerit is e$ercised over;
a. )ersons
b. )roperty
c. ,vents
?urisdiction over .erritor*
i. Title to Territory
.slan3 o5 1almas Case ()et0erlan3s vs. US, , R. <,9# test of title in
international law is @continuous and peaceful display of territorial sovereigntyA6
forms of acHuisition of title are;
a. *ccupation coupled with effectiveness
b. ConHuest
c. Cession6 and
d. "ccretion
- Title is not sufficient without the first element of display of State functions
ii) "irspace <flight space=
)aris Convention% *ctober 1&% 1-1-State with e$clusive sovereignty
Convention on 8nternational Civil "viationsprohibits entry of state aircraft
without authorization by special agreement
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&&2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
To>yo Convention of 1-2&for e$tradition purposes% a crime% may be considered
as having been committed in the @State of registry of the "ircraftA6 but 4urisdiction by
another Contracting State may be had if the offense;
a. Eas an effect on its territory6
b. Eas been committed by or against its national or a permanent resident therein6
c. 8s against its national security6
d. elates to a breach of its national rules on flight6
e. 8s the sub4ect of an e$ercise of 4urisdiction necessary to ensure the observance
of an obligation of such state under a multilateral agreement
iii) 8nternal and Territorial :aters
?isheries caseStraight Baseline allowed and delimitation of territorial waters
Corfu Channel Caseinnocent passage in international straits allowed
?urisdiction over $dBacent ,aritime Seas
i) Continental shelf
Nort Sea "ontinental self "aseswhat confers title ipso 4ure to
continental shelf is the fact that the submarine areas concerned may be
deemed to be actually part of the territory of the coastal state in the sense
that% although covered with water% they are a prolongation or continuation of
that territory.
ii) ,$clusive ,conomic Vone
?isheries 1urisdiction casee$clusive rights over fishery zone must ta>e into
account interests of other States
(#ee discussion under $%&'# +elow)
?urisdiction over Persons and 3conomic $ctivit*
Theories;
1. 9ationalitycivil law follows national wherever heIshe may be6
!. )assive )ersonalitypunish aliens abroad who in4ures one7s citizen6
&. Security )rinciplepunish aliens for acts against State7s security% independence
and territorial integrity6
(. 5niversalitye.g. piracy% crimes against humanity% etc.
+. *b4ective Territorialityelements of crime occurred in ! states
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&&/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
$reas not subBect to te ?urisdiction of Individual States
1. Eigh Seas
!. 3eep Seabed
&. *uter Spacethe region beyond the earth7s atmosphere
Province of all mankind5not sub4ect to national appropriation6 no nuclear
weapons in orbit6 astronauts are @envoys of man>indA and State shall obliged to
render assistance to them in emergency landing6 there is international
responsibility for national activities in outer space6 absolute liability for damage
caused by space ob4ects.
*uter space% including the moon and other celestial bodies% shall be free
for e$ploration and use by all states without discrimination of any >ind% on the
basis of eHuality and in accordance with international law.
Spatial test-2 up to 110 >ms.
,odes of $c<uirin% .erritor*5
(#ee page . o4 this review notes)
,odes of Losin% .erritor*
1. 3ereliction
!. Cession
&. ,rosion% or other natural causes
(. prescription
N$.I-N$LI.> $N1 S.$.3L3SSN3SS
,ulti&le Nationalit*58t is the possession by an individual of more than one
nationality. 8t is acHuired as a result of the concurrent application to him of the conflicting
municipal laws or two or more states claiming him as their national.
Benerally% a state has no 4urisdiction over its nationals residing abroad e$cept in
nationality law theory% i.e.% "rticle 1+ of the Civil Code6 "rticle ! of the evised )enal
Code6 ta$ation of citizens abroad.
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&&.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1octrine of Indelible $lle%iance5an individual may be compelled to retain his
original nationality notwithstanding that he has already renounced it under the laws of
another state whose nationality he has acHuired.
1octrine of 3ffective Nationalit*5a person having more than one nationality
shall be treated as if he had only oneeither the nationality of the country in which he is
habitually and principally resident or the nationality of the country with which in the
circumstances he appears to be in fact most closely connected. (&rival3o vs.
CB:ELEC, Cune ,!, 19<9#
Statelessness5condition or status of an individual who is born without any nationality
or who loses his nationality without retaining or acHuiring another.
" stateless person is entitled to% among others% the right to religion and religious
instruction% access to courts% elementary education% public relief and assistance%
rationing of products in short supply and treatment of no less favorable than that
accorded aliens in general.
Ee is to be treated more or less li>e the sub4ects of a foreign state.
"ny wrong suffered by a stateless person through the act or omission of a state
would be damnum a+s9ue injuria for in theory% no state has been offended and no
international delict committed.
1octrine of State Res&onsibilit* to $liens5State has the primary obligation to afford
protection to aliens. " state is responsible for in4ury inflicted upon an alien if caused by
an act or omission imputable to the state% in violation of international standard of 4ustice.
Indirect State Res&onsibilit*5where the offense is committed by inferior government
officials or by private individuals% the state will be held liable only if% by reason of its
indifference in preventing or punishing it% it can be considered to have connived in
effecting its commission.
International Standard of ?ustice5(,lements of due process under ordinary norms of
official conduct+ To constitute an international delinHuency% the treatment of an alien
should amount to an outrage% bad faith% willful neglect of duty% and insufficiency of
governmental action that every reasonable and impartial man would readily recognize
its insufficiency.
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&&-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The )hilippines is not liable for death or in4ury to alien hostages of the abu
sayyaf% unless it is shown to have participated directly or was remiss or negligent in
ta>ing measures to prevent in4ury% investigating the case% punishing the guilty% or to
enable the victim or his heirs to pursue civil remedies.
8n case of in4uries inflicted upon foreigner in the course of Huelling a rebellion%
state responsibility will attach only if rebellion succeeds and the rebels will ta>e control
of the state% but not when the legitimate government remains in power as the act of
Huelling a rebellion is a valid e$ercise of defense. State liability will attach only if it fails
to observe the minimum international standard for the protection of aliens.
"alvo doctrine5provision freHuently inserted in contracts where nationals of another
state renounce any claim upon his national state for protection. Such waiver can only be
made% legally% by alien7s state.
Ri%t of te State to admit and e7&el aliens
9o state is under obligation to admit aliens
State imposes conditions on the admission of aliens
State can e$pel aliens from its territorydeportationIreconduction
"lien must accept the institutions of the State as he finds them
"liens may be deprived of certain rights
Local law may grant aliens certain rights% privileges based on
a. eciprocity
b. 'ost#favored#nation treatment
c. 9ational treatment
)rivileges conferred may be revo>ed
1e&ortation5e$pulsion of an alien considered undesirable by local state% usually but
not necessarily% to his own state.
Reconduction5forcible conveying of aliens bac> to their home state without any
formalities
$S>L4, in International Law
The right of asylum is the competence of every State inferred from its territorial
supremacy to allow a prosecuted alien to enter and to remain on its territory% under its
protection% and thereby to grant asylum to him.
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&(0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The right of asylum is not a right possessed by an alien to demand that a State
protect him and grant him asylum. "t present% it is 4ust a privilege granted by a State to
allow an alien escaping from the persecution of his country for political reasons.
1i&lomatic as*lum5refuge in diplomatic premises
Political as*lum5refuge in another state for political offenses% danger to life or no
assurance of due process
/o is a Refu%ee@
" refugee is a person who is outside the country of his nationality% or if he has no
nationality% the country of his former habitual residence% because he has or had well#
founded fear of persecution by reason of his race% religion% nationality or political opinion
and is unable or% because of such fear% is unwilling to avail himself of the protection of
the government of the country of his nationality% or% if he has no nationality% to return to
the country of his former habitual residence.
To be considered a refugee% the person;
1. 8s outside the country of his nationality% or% in the case of stateless persons%
outside the country of habitual residence6
!. Lac>s national protection6 and
&. ?ears persecution by reason of his race% religion% nationality or political
opinion.
Because of the !
nd
element% a refugee is considered a stateless person.
*nly a person who is granted asylum by another State can apply for refugee
status6 thus% the refugee treaties imply the principle of asylum.
Non(Refoulement Princi&le"rticle && of The Convention elating to the Status of
efugees provides that no contracting State shall e$pel or return <refouler= a refugee% in
any manner whatsoever% to the frontiers of territories where his life or freedom would be
threatened.
This principle was declared to be @a generally accepted principleA by The
onvention 0elating to the #tatus o4 #tateless Persons.
,ost(8avored(Nation "lausea pledge by a contracting party to a treaty to grant to
the other party treatment not less favorable than that which has been or may be granted
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&(1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
to the @most favoredA among other countries. The clause has been commonly included
in treaties of commercial nature.
Pur&ose: To grant to the contracting party treatment not less favorable than that
which has been or may be granted to the @most favoredA among other countries. The
most favored nation clause is intended to establish the principle of eHuality of
international treatment by providing that the citizens or sub4ects of the contracting
nations may en4oy the privileges accorded by either party to those of the most favored
nation. (C.R vs. S. C. Co0nson I Sons, .nc., !+9 SCR <", Cune ,;, 1999#
2 .*&es of ,ost(8avored(Nation "lause:
1. Conditional
!. 5nconditional
"ccording to the clause in its unconditional form% any advantage of whatever >ind
which has been or may in future be granted by either of the contracting parties to a third
State shall simultaneously and unconditionally be e$tended to the other under the same
or eHuivalent conditions as those under which it has been granted to the third State.
4NI.31 N$.I-NS
The international organization which succeeded the League of 9ations
-r%ans of 4N
1. Beneral assembly@"ssemblyA
!. Security Council
&. ,conomic L Social Council <,C*S*C= @CouncilA
(. Trusteeship Council
+. Secretariat
2. 8C1 @organsA
2 8unctions of International "ourt of ?ustice
1. To resolve contentious cases6
!. To render advisory opinions to the Beneral "ssembly% the Security Council% and
other organs of the 5nited 9ations.
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&(!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Le%al dis&utes wic te I"? ma* resolve under te Eo&tional clauseF of its
Statute:
1. The 8nterpretation of a treaty6
!. "ny Huestion of international law6
&. The e$istence of any fact which% if established% would constitute a breach of an
international obligation6
(. The nature and e$tent of the reparations to be made in case of breach of an
international obligation.
International "riminal "ourt (I""+ International "ourt of ?ustice (I"?+
it is a criminal tribunal
has criminal 4urisdiction to prosecute
individuals
it prosecutes individuals for genocide%
crimes against humanity% war crimes and
the crimes of aggression
it is independent of the 5nited nations
it is a civil tribunal
does not have criminal 4urisdiction over
individuals
it is a civil tribunal that deals primarily
with disputes between States
it is a principal organ of the 5nited
9ations
R-,3 S.$.4.3 -8 .23 IN.3RN$.I-N$L "RI,IN$L "-4R.
The ome Statute established the 8CC which @shall have the power to e$ercise
its 4urisdiction over persons for the most serious crimes of international concern $ $ $
and shall be complementary to the national criminal 4urisdictions.A <"rticle 8% ome
Statute= 8ts 4urisdiction covers the following crimes;
1. Benocide6
!. Crimes against humanity6
&. :ar crimes6 and
(. Crime of aggression. <"rticle +% ome Statute=
Beneral )rinciples;
1. %ullum crimen sine lege <,$ post ?acto law=
!. %ullum %oena sine lege <void for vagueness=
&. 3ouble 1eopardy
(. 9on#retroactivity
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&(&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
+. )rinciple of Superior esponsibilitya superior is held liable for failure to prevent
subordinates from committing unlawful acts% in view of his command and control
over them and liable as well for their crimes
2. 'ens reamaterial elements of a crime must be committed with intent and
>nowledge
9o trial in absentia
9o reservations
)enalties; 8mprisonmentma$ of &0 years6 no death penalty
)rinciple of Complementaritythe 8CC shall be complementary to national criminal
4urisdictions of states. 8t gives primacy over the duty of every State to e$ercise its
criminal 4urisdiction over those responsible for international crimes.
The Statute was opened for signature by all States in ome on 1uly 1/% 1-.. and
had remained open for signature until 3ecember &1% !000 at the 59 EeadHuarters in
9ew Gor>. The )hilippines signed the Statute on 3ecember !.% !000 through Charge d7
"ffairs ,nriHue ". 'analo of the )hilippine 'ission to the 59. 8ts provisions% however%
reHuire that it be sub4ect to ratification% acceptance or approval of the signatory states.
<"rticle !+% ome Statute=
1imentel, Cr. vs. B55ice o5 t0e Executive Secretary, 4*, SCR *,,, Culy *, ,++;F
atification of the ome Statute of the 8nternational Criminal Courtthe SC held that
the power to ratify does not belong to the Senate. 8n the boo> of 1ustice 8sagani Cruz%
the usual steps in the treaty#ma>ing process are;
1. Ne%otiation5may be underta>en directly by the head of state but usually
assigns this tas> to his authorized representatives. The negotiations may be
brief or protracted% depending on the issues involved% and may even collapse
in case the parties are unable to come to an agreement on the points under
consideration.
!. Si%nature5if and when the negotiators finally decide on the terms of the
treaty% the same is opened for signature. This step is primarily intended as a
means of authenticating the instrument and for the purpose of symbolizing the
good faith of the parties6 but significantly% it does not indicate the final consent
of the state in cases where ratification of the treaty is reHuired. The document
is signed usually in accordance with the alternat% i.e.% each of the several
negotiators is allowed to sign first on the copy which he will bring home to his
home state.
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&((
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
&. Ratification5is the formal act by which a state confirms and accepts the
provisions of a treaty concluded by its representatives. The purpose of
ratification is to enable the contracting states to e$amine the treaty more
closely and to give them an opportunity to refuse to be bound by it should
they find it inimical to their interests. 8t is for this reason that most treaties are
made sub4ect to the scrutiny and consent of a department of the government
other than what which negotiated them.
(. 37can%e of te instruments of ratification5this is the last step which
usually signifies the effectivity of the treaty unless a different date has been
agreed upon by the parties. :hen ratification is dispensed with and no
effectivity clause is embodied in the treaty% the instrument is deemed effective
upon its signature.
8t should be emphasized that under our Constitution% the power to ratify is vested
in the )resident% sub4ect to the concurrence of the Senate. The role of the Senate%
however% is limited only to giving or withholding its consent% or concurrence% to the
ratification. Eence% it is within the authority of the )resident to refuse to submit a treaty
to the Senate or% having secured its consent for ratification% refuse to ratify it. "lthough
the refusal of a state to ratify a treaty which has been signed in its behalf is a serious
step that should not be ta>en lightly% such decision is within the competence of the
)resident alone% which cannot be encroached by this Court via a writ of mandamus.
This Court has no 4urisdiction over actions see>ing to en4oin the )resident in the
performance of his official duties. The Court% therefore% cannot issue the writ of
mandamus prayed for by the petitioners as it is beyond its 4urisdiction to compel the
e$ecutive branch of the government to transmit the signed te$t of the ome Statute to
the Senate.
=3N-"I13
8t is the deliberate destruction and annihilation of a racial% ethnic or religious
group.
(#ee 3tty. #andovalDs 2<</ handouts in )nternational &aw, page ;!2)
IN.3RN$.I-N$L 24,$N RI=2.S L$/
(#ee 3tty. #andovalDs 2<</ handouts in )nternational &aw, page 2)
IN.3RN$.I-N$L 24,$NI.$RI$N L$/
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&(+
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
(#ee 3tty. #andovalDs 2<</ handouts in )nternational &aw, page 1)
,artens "lause5provides that @in cases not covered by this protocol or by any other
international agreements% civilians and combatants remain under the protection and
authority of the principles of international law derived from established customs% from
the principles of humanity and from the dictates of public conscienceA <"rticle 8%
paragraph !% )rotocol additional to the Beneva Conventions of "ugust 1!% 1-(-=.
2ors de combat5
1. The person is in the power of an adverse party to the conflict
!. Ee clearly e$presses his intention to surrender
&. Ee is incapable of defending himself provided he abstains from any hostile act
and does not attempt to escape
?4RIS1I".I-N
8t is the competence of a state under international law to prescribe and enforce
norms of law% as well as ad4udicate over persons% property% events and relations within
its territory.
"om&onents of .erritor*:
1. Terrestrial domain <Land=
!. ?luvial and 'aritime domain
&. "erial domain
L$N1 .3RRI.-R> <Terrestrial 3omain=
'odes of acHuisition; (#ee page . o4 this notes)
,$RI.I,3 .3RRI.-R> <?luvial and 'aritime 3omain=
(#ee (iscussion under the %ational Territory and $%&'# on pages - and ,.<, respectively)
$IR .3RRI.-R> <"erial 3omain=this refer to the airspace above the land and waters
of the State.
?ive <+= ?reedoms for Scheduled 8nternational Services;
!. ?reedom to fly across foreign territory without landing6
&. ?reedom to land for non#traffic purposes6
(. ?reedom to put down traffic originating in state of aircraft6
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&(2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
+. ?reedom to embar> traffic destined for state of craft6 and
2. ?reedom to embar> traffic destined for% or to put down traffic coming from% third
state.
Three <&= 8nternational Theories on "erial 1urisdiction;
1. 8ree #one teor*5The atmosphere over the country is 4ree and not su+ject to
the jurisdiction o4 the su+jacent state, except 4or the protection o4 its national
security and pu+lic order.
8f a crime is committed on board a foreign aircraft at the atmosphere of a
country% the law of that country does not govern unless the crime affects the
national security.
!. Relative teor*5the su+jacent state exercises jurisdiction over the atmosphere
only to the extent that it can e44ectively exercise control thereo4.
8f a crime was committed on an aircraft that is already be*ond the control of the
sub4acent state% the law of the state will not govern anymore. But if the crime is
committed in an aircraft witin the atmosphere over a sub4acent state that
e$ercises control% then its law will govern.
&. $bsolute teor*5adopted by the )hilippines
The su+jacent state has complete jurisdiction over the atmosphere a+ove
it su+ject only to the innocent passage +y aircra4t o4 a 4oreign country.
8f the crime is committed in an aircraft% no matter how high% as long as it can be
established that it is within the )hilippine atmosphere% our law will govern.
-uter S&ace5is the region beyond the earth7s atmosphere.
*uter Space Treatyprovides for the e$ploration and use of outer space as the
@province of man>indA and provides accordingly that the @e$ploration and use of outer
space% including the moon and other celestial bodies% shall be carried out for the benefit
and in the interest of all countries% irrespective of their degree of economic or scientific
development.A
*uter space is not sub4ect to national appropriation by claim of sovereignty% by
means of use or occupation% or by any other means% and thus% it is provides that it shall
be @free for e$ploration and use by all states without discrimination of any >ind.A The
States parties to the Treaty are to consider astronauts or cosmonauts as @envoys of
man>ind.A
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&(/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Leadin% &rinci&les:
1. T,8T*8"L8TGthe )hilippines possesses absolute <but may not be
e$clusive= 4urisdiction over persons% property% relations% and events by reason of
the fact that they are within or they ta>e place in its territory% without regard to the
nationality of the person responsible. <"rticle 1( of the Civil Code)enal laws
and those of public security and safety shall be obligatory upon all who live or
so4ourn in )hilippine territory% sub4ect to the principles of public international law
and to treaty stipulations.=
" State may e$ercise 4urisdiction only within its territory.
Beneral rule; " state has criminal 4urisdiction only over offenses
committed within its territory.
,$ceptions; a. Continuing offenses6
b. acts pre4udicial to the national security or vital interest of the
State6
c. 5niversal crimes
d. *ffenses covered by special agreement
!. 9"T8*9"L8TG )89C8)L,the )hilippines e$ercises 4urisdiction over persons
by reason of their connection to the )hilippine state as its citizens. <"rticle 1+ of
the Civil CodeLaws relating to family rights and duties% or to status% condition
and legal capacity of persons are binding upon citizens of the )hilippines% even
though living abroad.=
Dest 4urisdiction in State of offender
&. )*T,CT8D, )89C8)L,the )hilippines ta>es 4urisdiction over persons who
committed acts outside its territorial 4urisdiction but with conseHuences pre4udicial
to its interests or inimical to its national security. <ead "rticle ! of the evised
)enal Code=
(. 598D,S"L8TG )89C8)L,vest 4urisdiction in state which has custody of
offender of universal crimes <piracy% genocide=
" state has 4urisdiction over offenses considered as universal crimes regardless
of where committed and who committed them.
+. ')"SS8D, ),S*9"L8TG )89C8)L,vest 4urisdiction in state of offended
party6
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&(.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
" State has 4urisdiction over crimes against its own nationals even if committed
outside the territory.
37em&tion from ?urisdiction:
1. 3octrine of State 8mmunity
!. "ct of State 3octrine
&. 3iplomatic 8mmunity
(. 8mmunity of the 59% its *rgans% Specialized "gencies% *ther 8nternational
*rganizations% and its *fficers
+. ?oreign merchant vessels e$ercising the right of innocent passage or arrival
under stress
2. ?oreign armies passing through or stationed in the territory with the permission of
the State
/. :arships and other public vessels of another State operated for non#commercial
purposes
S-;3R3I=N I,,4NI.>
1. Eeads of States and the state itself
!asis; eHuality and independence of states
$ct of State 1octrine5
a) Broad senseit is an e$ercise of sovereign power% which cannot be
challenged% controlled or interfered with by the court of law. 8t refers to the
political acts of a State which are e$ercised as e$clusive prerogatives by the
political departments of the government and not sub4ect to 4udicial review and
for the conseHuences of which% even when affecting private interests% they will
not hold legally responsible those who command or performed them.
b) Limited senseit refers to the acts ta>en by the State concerning as affecting
aliens% li>e the inherent right of every sovereign state to e$clude resident
aliens from the territory when their continued presence is no longer desirable
from the standpoint of its domestic interest and tranHuility.
1octrine of State Immunit*5as a conseHuence independence% territorial
supremacy and eHuality% a state en4oys immunity from the e$ercise of 4urisdiction
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
<legislative% e$ecutive or 4udicial= by another state% unless it has given its consent%
waived its immunity% or voluntarily submitted to the 4urisdiction of the court
concerned.
(0ead 3lso (iscussions under #tate )mmunity 4rom #uit)
!. 3iplomatic and Consular 8mmunity
emedy of 8ndividual;
a. Sue in home state of diplomat
b. :aiver by state of nationality of diplomat
c. 3eclare diplomat persona non grata
3iplomatic immunity ceases to be en4oyed at the moment the diplomat leaves the
country% or on e$piry of a reasonable period in which to do so. (Regina vs.
1alacios " @LR 11,#
37territorialit*5e$ception of persons and property from local 4urisdiction on basis of
international customs
37traterritorialit*5applies only to persons and is based on treaty or convention6
discredited because of rise of nationalism and sovereign eHuality of States
RI=2. -8 L3=$.I-N5
".>.a. ight of 3iplomatic 8ntercourse
ight of the State to send and receive diplomatic missions% which enables States
to carry on friendly intercourse
9ot a natural or inherent right% but e$ists only by common consent
9o legal liability incurred by the State for refusing to send or receive diplomatic
representatives
$%ents of 1i&lomatic Intercourse:
1. Eead of Stateen4oys the right to special protection for his physical safety and
the preservation of his honor and reputation
Princi&le of 37territorialit*5his Huarters% archives% property and means of transportation are
inviolate. Ee is immune from criminal and civil 4urisdiction% e$cept when he himself is the plaintiff%
and is not sub4ect to ta$ or e$change of currency restrictions.
!. ?oreign *fficeheaded by a Secretary or 'inister. The latter has the power to
ma>e binding declarations on behalf of his government.
&. 'embers of diplomatic service
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&+0
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
(. Special diplomatic agents appointed by the head of the State
+. ,nvoys ceremonial
3stablisment of Resident ,issions5
States carry on diplomatic intercourse through permanent missions established
in the capitals of other States.
Composition of 'ission;
1. Eead of 'ission
a. "mbassador or %uncios=accredited to Eeads of state% and other heads
of mission of eHuivalent ran>6
b. ,nvoys% ministers and internunciosaccredited Eeads of States6
c. harges dD 344aires=accredited to 'inisters of ?oreign "ffairs
!. 3iplomatic Staffthose engaged in diplomatic activities and are accorded
diplomatic ran>
&. "dministrative and Technical Staffthose employed in the administrative and
technical service of the mission
(. Service Staffthose engaged in the domestic service of the mission
1IPL-,$.I" "-RPS
" body consisting of all diplomatic envoys accredited to the same local or
receiving state. The doyen or the head of this body is the &a&al nuncio, if there is one%
or the oldest ambassador, or in the absence% the oldest minister &leni&otentiar*)
$%reation5the process in appointment of diplomatic envoy where states resort to an
informal inHuiry as to the acceptability of a particular envoy% to which the receiving state
responds with an informal conformity
Letre 3e Creance (Letter of "redence+5states the name% ran> and general character
of the mission% and a reHuest for favorable reception and full credence
1IPL-,$.I" I,,4NI.I3S $N1 PRI;IL3=3S5
1. )ersonal inviolabilityhe shall not be liable to any form of arrest or detention.
!. 8nviolability of premises and archives
&. ight of official communication
(. 8mmunity from local 4urisdiction
+. ,$emption from ta$es and custom duties
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&+1
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
2. *ther privilegesincludes freedom of movement and travel in the territory of
receiving state6 e$emption from all personal services and military obligations6 the
use of the flag and emblem of the sending state on the diplomatic premises and
the residence and means of transport of the head of mission.
1uration: The privileges are en4oyed by the envoy from the moment he enters the
territory of the receiving state% and shall cease the moment he leaves the country% or on
e$piry6 with respect to official actsimmunity shall continue indefinitely. These
privileges are available even in transit, when travelling through a &
rd
State on the way to
or from the receiving state.
/aiver of Immunities(
1. 3iplomatic immunities can be waived% but the waiver cannot be made by the
individual concerned since such immunities are not personal to him.
!. :aiver may be made only by the government of the sending state if it concerns
the immunities of the head of mission.
&. 8n other cases% the waiver may be made either by the government or by the chief
of mission.
(. :aiver of this privilege% however% does not include waiver of the immunity in
respect of the e$ecution of 4udgment6 a separate waiver of the latter is necessary.
.ermination of di&lomatic mission:
1. 3eath
!. esignation
&. emoval
(. "bolition of office
+. ecall of the sending State
2. 3ismissal by the receiving state
/. :ar
.. ,$tinction of the State
"-NS4L$R R3L$.I-NS5
"onsul5 " state agent residing abroad for various purposes but mainly in the interest
of commerce and navigation.
Finds;
1. Consules missiprofessional and career consuls% nationals of the appointing
state
!. Consul electiselected by the appointing state either from its own citizens or
from among nationals abroad
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&+!
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
an>;
1. Consul#generalheads several consular districts% or one e$ceptionally large
consular district
!. Consulta>es charge of small district% town or port
&. Dice#consulassist the consul
(. Consular agentusually entrusted with the performance of certain functions by
the consul.
Two <!= 3ocuments 9ecessary for the "ssumption of Consular ?unctions
1. Letters Patent (letter de &rovision+5letter of appointment or commission which
is transmitted by the sending state to the Secretary of ?oreign "ffairs of the
country where the consul is to serve
!. Exe$uaturFauthorization given to the consul by the sovereign of the receiving
state% allowing him to e$ercise his function within the territory
Immunities and Privile%es:
1. 8nviolability of their correspondence% archives and other documents
!. ?reedom of movement and travel
&. 8mmunity from 4urisdiction for acts performed in official ca&acit* e7ce&t
infractions
(. ,$emption from certain ta$es and customs duties% military or 4ury service
+. ight to display national flag and emblem in the consulate
- 8mmunities and privileges are also available to the members of the consular post% their
families and their private staff.
- /aiver of immunities5may be made by the appointing state
- Crimes against diplomatic agents are 8nternational% not political% in nature
.ermination of consular mission:
1. 5sual mode of terminating official relationship
!. :ithdrawal of the e$eHuatur
&. ,$tinction of the State
(. :ar
- Severance of consular relations does not necessarily terminate diplomatic relations.
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&+&
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
3D.R$1I.I-N
8t is the surrender of an individual accused or convicted of a crime by a State
within whose territory he is found and his delivery to the State where he allegedly
committed crime or was convicted of a crime.
Sec) 2(a+, P1 60HK5e$tradition is the removal of an accused from the
)hilippines with the ob4ect of placing him at the disposal of foreign authorities to enable
the reHuesting state or government to hold him in connection with any criminal
investigation directed against him or the e$ecution of a penalty imposed on him under
the penal or criminal law of the reHuesting state or government.
:ithout a treaty% e$tradition is left to diplomatic negotiation between the states
involved. 8n such case% e$tradition relies on the consent of the reHuested state that may
be given out of comity and good relations.
8n international law% e$tradition is a form of 4urisdictional assistance.
Secretary o5 Custice vs. Lantion, (.R. )o. 1!94*;, Bctober 1", ,+++, 'ar> 1imenez
is without any right to notice and hearing during the evaluation stage of an e$tradition
process by the 3?" under )#5S ,$tradition Treaty.
- ,$tradition court may ad4udge a person as e$traditable but the )resident has the final
say. ,$tradition is not criminal in natureit is sui generis6 thus% Bill of ights provisions
on aspects of due process in criminal proceedings are not applicable=
Secretary o5 Custice vs. :u>oE, (.R. )o. 14+;,+, @ecember 1<, ,+++, provisional
arrest of respondent was valid noting that the reHuirements of the "greement on
documentation and the finding of probable cause have been complied with.
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&+(
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Ri%t to !ail In 37tradition "ase
(overnment o5 US vs. 1urganan, (.R. 14<;"1, Se%tember ,4, ,++,, right to bail in
e$tradition is not available6 ultimate purpose of e$tradition proceedings in court is to
determine whether the e$tradition reHuest complies with the e$tradition treaty. But in
e$ceptional cases% bail may issue provided;
a. "ccused is not a flight ris>6 and
b. Compelling circumstances warrant.
The right of prospective e$traditee to apply for bail in this 4urisdiction must be
viewed in light of the various treaty obligations of the )hilippines concerning respect for
the promotion and protection of human rights. ((overnment o5 'D S%ecial
3ministrative Region vs. 'on. Blalia, Cr., (.R. )o. 1;!*";, %ril 19, ,++"#
(#ee 3tty. #andovalDs 2<</ handouts in )nternational &aw, page ;;)
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&++
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
4nited Nations "onvention on te Law of te Sea (4N"L-S+
The )hilippines is an archipelagic State under the 59CL*S. 8t is made up wholly
of one or more archipelagos.
$rci&ela%o5under the 59CL*S% it is a group of islands% interconnecting waters and
other natural features which are so closely inter#related that such islands% waters and
natural features form an intrinsic geographical% economic and political entity% or which
historically have been regarded as such.
Internal or national waters(( bodies of water within the land mass% among them are
rivers% bays and gulfs% straits% and canals.
?urisdiction: The State e$ercises 4urisdiction over everything found within its internal or
national waters. 8n the case of foreign merchant vessels doc>ed in a local port or bay%
the coastal state e$ercises 4urisdiction in civil matters% but criminal 4urisdiction is
determined according to the;
a. 3n%lis rule5the coastal State shall have 4urisdiction over all offenses
committed on board the vessel e$cept those which do not compromise the
peace of the port <the )hilippines adheres to this rule=6
b. 8renc rule5flag state shall have 4urisdiction over all offenses committed
on board a vessel e$cept those which compromise the peace of the port.
$rci&ela%ic watersare the waters enclosed by the archipelagic baselines%
regardless of their depth or distance from the coast.
?urisdiction: same rule as in internal waters% save for innocent passage of merchant
vessels through archipelagic sea lanes
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&+2
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The internal waters of the )hilippines are now sub4ect to right of innocent
passage as well as to sea lanes for all foreign ships under the right of archipelagic sea
lanes passage. The airspace above the internal waters within the archipelagic sea lanes
passage is sub4ect to the air routes for all foreign aircraft.
But )hilippine sovereignty over the archipelagic waters of the )hilippines is
restricted under 59CL*S. Ships of all states en4oy the right of innocent passage
through archipelagic waters.
)hilippine archipelagic waters may also be sub4ect to the continuous and
e$peditious passage of foreign ships and aircraft>nown as the ri%t of arci&ela%ic
sea lane &assa%e. "ll ships and aircraft en4oy this right through designated sea lanes
and air routes.
80at is t0e legal status o5 t0e 2aters enclose3 by t0e arc0i%elagic baselines o5
t0e 10ili%%ines9
- )hilippine sovereignty e$tends to these waters which are called archipelagic waters
under 59CL*S. 8t also e$tends to the airspace over archipelagic waters as well as their
bed and subsoil% including the resources therein.
Two <!= Finds of "rchipelago;
6) "oastal $rci&ela%osituated close to a mainland and may be considered a
part thereof.
2) ,id(-cean $rci&ela%osituated in the ocean at such distance from the
coasts of firm land. The )hilippines is classified as mid#ocean archipelago 4ust
li>e 8ndonesia. The )hilippines is not in any way connected physically with the
"sia mainland.
,aritime #ones of te Pili&&ines: (#ee also discussion under %ational Territory)
1. .erritorial Seathe belt of the sea located between the coast and the internal
waters of the coastal state on the other hand% and the high seas on the other%
e$tending up to 1! nautical miles from the low!water mar"% or in the case of
archipelagic states% from the baselines.
?urisdiction: criminal 4urisdiction over foreign merchant vessels shall be determined by
the application of either the ,nglish rule or ?rench rule. 8nnocent passage and
involuntary entrance are recognized e$ceptions% provided that in case of involuntary
entrance% the distress on the vessel must be real.
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&+/
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
!aseline5is a line from which the breadth of the territorial sea% the
contiguous zone and the e$clusive economic zone is measured in order to
determine the maritime boundary of the coastal state.
Types of baseline;
ii. 9ormal Baseline 'ethod
iii. Straight Baseline method
The territorial sea is a zone of )hilippine sovereignty. Eowever% it is sub4ect to the
right of innocent passage by ships of all states.
8t is restricted by the right of archipelagic sea lane passage but only such
portions of the territorial sea ad4acent to the )hilippine archipelagic waters traversed by
the archipelagic sea lanes.
Innocent &assa%e5means navigation through the territorial sea of a state for
the purpose of traversing that sea without entering internal waters% or of
proceeding to or from internal waters. )assage is innocent if it is not pre4udicial to
the peace% good order or security of the coastal state. 8t is reHuired that passage
be continuous and e$peditious% although a ship is allowed to stop and anchor if
this is incidental on account of 4orce majeure or is reHuired in order to assist
persons% ships or aircraft in danger or distress.
Innocent &assa%e .ransit &assa%e
)ertains only to navigation of ships
eHuires submarine and other
underwater vehicles to navigate on the
surface and to show their flag
Can be suspended
8n designation of sea lanes and traffic
separation schemes% the coastal state
shall only ta>e account of the
recommendations of the competent
international organization
8ncludes rights of overflight
9o reHuirement specially applicable to
submarines
Cannot be suspended
3esignation of sea lanes and traffic
separation schemes is sub4ect to adoption
by competent international organization
upon proposal and agreement of states
bordering the straits
"s a rule% ships <not aircraft= of all states en4oy the right of innocent passage
through the territorial sea <not through internal waters=. 8t is understood% however% that
the passage must be continuous and e$peditious% e7ce&t in cases of 4orce majeure.
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&+.
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
Submarines and other underwater craft are reHuired to navigate on the surface and to
show their flag.
!. "onti%uous Cone5e$tends up to 1! nautical miles from the territorial sea6 this
shall not e$ceed !( nautical miles from the archipelagic baselines.
?urisdiction: "d4acent to the territorial sea% it is a zone where )hilippines may e$ercise
certain protective 4urisdiction. The coastal state may e$ercise limited 4urisdiction over
the contiguous zone;
a. To prevent infringement of customs% fiscal immigration or sanitary laws
and regulations within its territory or territorial sea6 and
b. To punish violation of the above laws and regulations committed within its
territory or in territorial sea.
The )hilippines does not have sovereignty over the contiguous zone. 8t is a zone
of 4urisdiction% not of sovereignty.
This contiguous zone is not appurtenant to )hilippine territory. ?or a coastal state
to assume pertinent rights% it must ma>e a specific claim to its contiguous zone. 8f no
contiguous zone is claimed or declared% the rights that may otherwise pertain to the
contiguous are deemed to be subsumed in those pertaining to the territorial sea.
&. 37clusive 3conomic Cone (33C+5shall not e$tend beyond !00 nautical miles
from the archipelagic baselines. The )hilippines has sovereign rights over ,,V
for the purpose of e7&lorin%, e7&loitin%, conservin% and mana%in% the natural
resources in this zone) 8n addition% it has 4urisdictional rights with regard to
artificial islands, environmental &rotection, and marine scientific researc)
The resources covered by the sovereign rights of the )hilippines over its ,,V are
the living and non#living resources in the super4acent waters of the sea#bed% as well as
the resources of the sea#bed and its subsoil.
The )hilippines is reHuired to grant other states access to living resources in its
,,V. 8t must determine its capacity to harvest the living resources. 8f it does not have
the capacity to harvest the entire allowable catch% it shall give other states access to the
surplus of the allowable catch by means of agreements consistent with the 59CL*S.
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&+-
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
)hilippine territory is not enlarged by reason of ,,V. The legal regime of the ,,V
limits )hilippine rights to specified sovereign rights and to particular 4urisdictional rights.
9o territorial acHuisition is involved.
8n the ,,V% all states continue to en4oy the freedom of the high seas% sub4ect to
the rights of the )hilippines as thus mentioned. Benerally% the rules of international law
pertaining to the high seas apply to ,,V.
"ontinental selfit is the seabed and subsoil of the submarine areas e$tending
beyond the )hilippine territorial sea throughout the natural prolongation of the land
territory. 8t e$tends up to;
a. The outer edge of the continental margin6 or
b. " distance of !00 nautical miles from the archipelagic baselines% whichever is the
farthest.
?urisdiction: the coastal state en4oys the right of e$ploitation of oil deposits and other
resources in the continental shelf. 8n case of the continental shelf e$tends to the shores
of another State% or is shared with another State% the boundary shall be determined in
accordance with eHuitable principle.
The continental shelf does not form part of the )hilippine territory. The
)hilippines has the sovereign rights over the continental shelf for the purpose of
e$ploring it and e$ploiting its natural resources.
The natural resources covered by sovereign rights in the continental shelf consist
of <a= mineral and other non#living resources of the sea#bed and subsoil% <b= together
with living organisms which are sedentary.
The 59CL*S describes these sovereign rights as e$clusive in the sense that if
the )hilippines does not e$plore the continental shelf or e$ploit its natural resources% no
one may underta>e these activities without its consent. ights of the )hilippines over
the continental shelf @do not depend on occupation% effective or notional% or on any
e$press proclamation.A
The )hilippines has the e$clusive right to construct% to authorize and regulate the
construction% operation and use of artificial islands and installations. 8ts 4urisdiction over
these is e$clusive% in particular with respect to customs% fiscal% health% safety and
immigration regulations. 8t has also e$clusive right to authorize as well as to regulate
drilling for all purposes.
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&20
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
1ee& Sea5<as part of the common heritage of man>ind= resources of the deep seabed
owned by all States. "ll rights to the resources of the area are vested in man>ind as a
whole. The ,nterprise <organ of the 3eep Sea Bed "uthority= shall e$plore and e$ploit
the area.
*pen for peaceful purposes and for e$ploitation for the benefit of man>ind6 right
of a coastal state to prevent or mitigate any grave and imminent danger to its coastline
or environment6 governed by the 8nternational Seabed "uthority.
2i% Seastreated as res communes, thus% not territory of any particular State. These
are the waters which do not constitute the internal waters% archipelagic waters% territorial
sea and e$clusive economic zones of a state. They are beyond the 4urisdiction and
sovereign rights of States.
The traditional view is 4reedom o4 the high seas% i.e.% they are open and available%
without restriction% to the use of all states for the purpose of navigation% overflight%
submarine cablesIpipelines% construction of artificial islands or any installations% fishing%
mining% research% etc. however% this rule is sub4ect to regulation arising from treaty
stipulations.
?urisdiction: may be e$ercised by the State on the high seas over the following;
a. 8ts vesselsthe flag State has 4urisdiction over its public vessels wherever
they are% and over its merchant vessels on the high seas. Eowever% 59CL*S
considered the flag of convenience controversy.
b. )iratesthey are enemies of man>ind6 they may be captured on the open
seas by the vessels of any State% to whose territory they may be brought for
trial and punishment.
c. 3rug traffic>ing and slave tradeall States shall cooperate in the suppression
of illicit traffic in narcotics and slave trade.
d. ight to visit and searchuse the law of neutralitythe vessels or aircraft of
a belligerent State may visit and search any neutral merchant vessel on the
open seas and capture it if found to be engaged in activities favorable to the
other belligerent.
e. 2ot &ursuit the State authorities can pursue an offender up to high seas
until he enters the territorial sea of another State.
6) The pursuit must commence from internal waters% territorial sea or
contiguous zone% of pursuing State
2) The pursuit must be uninterrupted
:) 8t must be conducted by warship% military aircraft% or government ships
authorized for the purpose
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&21
2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
8reedom of navi%ation5refers to the right to sail ship on the high sea% sub4ect
to international law and the laws of the flag of the state.
Pili&&ine si&
" ship may assume )hilippine nationality if it flies )hilippine flag and thus
become the flag state. " ship has the nationality of the state whose flag it is entitled to
fly. 8t is for the )hilippines to decide the conditions by which it will accord a ship the right
to fly its flag.
8t is reHuired that there be @genuine lin>A between the )hilippines and the ship.
Eowever% so far% no ob4ective criteria have been established to determine the e$istence
of a genuine lin>. 8f no genuine lin> is found to e$ist% no legal conseHuences have been
defined. The result is that the genuine lin> reHuirement fails to command broad
compliance.
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
The )hilippines has e$clusive 4urisdiction over a )hilippine ship on the high seas.
1uties of te Pili&&ines as a fla% state wit res&ect to te si&:
1. To maintain a registry of ships authorized to fly its flag6
!. To ta>e 4urisdiction over the internal affairs of the ship6
&. To ensure safety at sea of the ship with respect to construction% eHuipment% and
seaworthiness as well as in regard to labor conditions% training of crew%
maintenance of communication% and prevention of collisions6
(. To ensure that the ship is surveyed by a Hualified surveyor of ships and is
eHuipped with navigation eHuipment% nautical publications% and charts6
+. To ensure that the ship is manned by Hualified master% officers and crew6 and
2. To ensure that the officers and crew are conversant with and are reHuired to
observe international regulations concerning safety at sea% prevention of
collisions% prevention% reduction and control of pollution% and maintenance of
radio regulations.
Beneral theory of criminal 4urisdiction;
Beneral rule; Dessels on high seas are sub4ect to authority of flag#state
,$ceptions; piracy% slave trade% hot pursuit% right of approach
$rticle KJ, 4N"L-S5the rule today is that no penal or administrative proceedings may
be instituted against the master of the ship e$cept before the 4udicial or administrative
authorities either of the;
a. ?lag#State6 or
b. State of which such person is a national.
$rrival under Stress5involuntary entrance6 it may be due to lac> of provisions%
unseaworthiness of the vessel% inclement weather% or other cases of 4orce majeure%
such as pursuit of pirates.
8la% State5the state whose nationality the ship possesses6 for it is nationality that
gives the right to fly a country7s flag.
8la% of "onvenience5foreign flag under which a merchant vessel is registered for
purposes of reducing operating costs or avoiding government regulations. 8t is a flag of
one country% flown by a ship owned by a citizen of another country. " vessel shall have
the nationality of the flag it flies% provided there is a genuine lin> between the State
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2008 Political Law and Public International Law
Personal Review Notes (taken from various sources: Sandoval lectures, Nacura, !ernas, "ru#, $%&alo, S!" ' SS"(R
review materials, www)&ino*law)net, etc)+
,a) Luisa $n%eles Ramos
<whose flag is flown= and the vessel% i.e.% the State must effectively e$ercise 4urisdiction
and control in administrative% technical and social matters over the ship.
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